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Justice souter was. >> neil: and that raised some concerns for judge barrett, her arguing in support for supreme court justices voting to overturn precedent when they fundamentally disagree with it. did that or do you think that put her in conflict with chief justice roberts who we're told is not such a big fan of re-visits present? the only reason i mention it is the context of roe v. wade. what do you think of it? >> all of the supreme court justices vote to overturn precedent based on a series of considerations. just this last term, the chief justice in his opinion in the travel ban case ma...

By justice kennedy. so while all justices respect precedent, all justices agree there's points at which precedent needs to be overturned. so nobody has an absolutist view about this. it's generally an all-things considered inquiry and everyone thinks that at some point a precedent needs to go. >> neil: slavery is a good example of how they overturned that precedent. how successful you think this will go? whoever is chosen tonight has a good chance of passage. it depends on the individual. >> right. obviously there is a process that happens. you know, generally nominees do well in that process....

Person would approach that. we know that roe v. wade is a long-standing precedent and any judge will not jump in and say let's do something wild, particularly when you have chief justice roberts as the swing vote. so this is not -- this person is not going to be the swing vote. it's chief justice roberts. he's known to be an incrementalist. this is something that will come up in the discussions. any nominee won't talk about how they would rule in that case. frankly, many of them might not know. you have to wait until you hear the arguments being brought before the court before you know how to ...

Principle of decided law sets precedent and you don't overturn decided law. she suggested that if she believes the supreme court decided something incorrectly, that it should be open to judicial review. a lot of people are going whoa! roe v. wade, she will seek to overturn it. that's why you heard chuck schumer today so adamantly against anybody on the president's list let alone who he might pick tonight. >> neil: that flies in the face of justice robert who is not a fan of doing that. >> exactly. one other thing to consider, too, the president has to count on some democratic votes to get his ...