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Any reason, overruled -- not an appeal to the supreme court. but here's the thing, to you point, charles what's so scary is that it's lake, you just need five brain warm folks on the supreme cour who are just ingesting the worst media in the universe to go along with it, and then that's the law, and. you as someone who's devoted his life to the law, how do yo get up in the morning -- i'm serious! i think about the law in those terms? >> look, i've reviewed thi when bush v. gore, where tha decision - very hard to sort of wake up t the next day and say, oh - lawyer in a functioning court. i know...

Republicans who might be inclined to oppose it? >> well, i don't know. i think if they're really focusing on what's good for the country and not what's in their short-term political interests, they will give the support and it would be great to have bipartisan support for this historic nomination just as justice sotomayor received when she was nominated and confirmed. so i hope that they will want to be on the right side of history and i'm very confident that whoever president biden selects will be somebody who is highly qual qualified for the job. >> and there are a number of candidates being...

Are you suggesting that's right that they see it that way or that they're just scared to propose big solutions. >> there were way too many insides who had a vested interest in the court continuing to be legitimate. and let's be clear, i think all of us have a vested interest in the court continuing to be legitimate. you just mentioned brown v. board. you mentioned roe v. wade. the court has an absolutely essential role, especially as elections get politicized. we need to have a functioning court that americans have confidence in. my concern was that the commission is so worried about making th...

Same-sex marriage ser -- ceremony. >> i think the court is relieved. even the liberal wing of the court is relieved. they think in terms of legacy and in terms of decades and not days or weeks or months. they want the court to be a functioning court that sends clear messages. not messages by default. it's 4-4. the decision below is the law but not the law of the land, only the law for these two litigants. they don't want that. they want their court to be working. whether they prevail or lose. as of today, as of this morning, we have a full working court again. >> shannon: what's interesting, t...