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You want to go for that 53 votes or do you want to go for 50 because i think you could potentially lose a murkowski or collins or someone who is going to want to be very dlibtive in their process. that's why collins voted against amy coney barrett. that will be some of the pros and cons that goes into the decision making about how aggressive to be on this timeline. >> really interesting. harry, let me give you the last word and ask you to just talk a little bit, share any stories. what, in your view, is justice breyer's legacy? it seems that the retirement and the timing and the manner and the...

They're acting like there is no open seat on the supreme court until breyer says so. bret? >> bret: peter doocy live on the north lawn. peter, thank you. let's bring in fox news chief legal correspondent anchor of fox news at night shannon bream. good evening, shannon. so who are the frontrunners? >> shannon: confirmation today as peter just reported there, bret, that the president will stick to his vow to nominate the first african-american woman to the supreme court bench. these are the names that we have been tracking dr. jackson sits on stepping stone to the supreme court the very powerful...

Lindsey graham, who voted for kagan and sotomayor's confirmation still on the judiciary committee. voted for judge jackson's confirmation. he put out this interesting statement today saying elections have consequences. he thinks democrats will have the vote. i think he's still in play. then you've got collins and murkowski, both pro-choice republicans. both have shown some interest in kind of moderation in voting for some of president biden's picks. murkowski's the single most independent minded republican senator, but she's also up for re-election, which puts her in a bind. she's getting prim...

Can be fair and evenhanded and impartial on the supreme court. >> of course, we know that at the top of the list or near the top of the list is judge brown jackson who was just confirmed in june, i believe it was, with three republican votes. murkowski, collins, and graham. is there anything that suggests now that they could reverse course and say, yeah, i supported her for the appellate court, but the supreme court, no. >> judge brown is the candidate, i certainly hope that the three republicans will continue to support her, but you never know. it is really critical, in my view, that all of t...

Midterms and voting rights. >> and he has a warning for republican candidates who continue to reject president biden's win over trump in 2020. and manu raju got this interview. and so what else did mitch mcconnell say in. >> reporter: mcconnell is concerned about nominating unele unelectable candidates in hisvu and a fight that between trump and mcconnell ultimately would lead to divisive primaries in which an unel eelectableunelect emerge. mcconnell says he has not seen that play out. and that he and the former president despite their public differences are on the same page in some key senate...