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Themselves from any decisions that come before the court coming out of the mueller investigation, for example, if the president needs to be subpoenaed or something like that. i don't think the justices would be -- a nominee would be required to recuse themselves but i'm wondering whether you plan to ask them if they would agree to that? >> that's a great question and i've thought about it, yes, i will ask that question. it is a supremely important question. justice in the tapes case were appointed by president nixon but they were appointed before that kind of litigation was produced. here we k...

Th this. they have eliminated the cloture vote on supreme court nominees, that's how gorsuch got confirmed. it's hard to see as a practical matter, put aside appealing to the country and making the moral case, but when you get down to parliamentary tactics, it's hard to see what cards the democrats hold? >> we'll use every tool available in terms of parliamentary rules but this republican leadership demonstrated nothing but contempt for the normal rules. they made the rules for neil gorsuch eliminating the 60 vote threshold and they may change the other rules that require judiciary committee a...

Blumenthal of connecticut. also with us, former assistant united states attorney. she's a criminal justice instructor at pace school of law and an msnbc legal analyst. senator blumenthal, you called the kennedy announcement earth-shaking and gut wrenching. moving forward, what's the game plan for democrats? what's the topic? >> the american people should have a voice. this vote should take place after the election when a new congress is seated. a decision of this historic magnitude requires a lot of deliberate consideration, it requires more than the few months we have before this election. an...

Years why non-union members were compelled to pay union dues to unions they weren't members of and wanted no part of and wanted no part of their politics. so you have a decision yesterday where the united states supreme court with the help of a trump appointee pushes it aside. >> i thought there was a fundamental principle of compelled speech, that no one should be forced to join an organization that they disagreed with or to support in any way speech with which they disagreed but there's no question about it but as george will made the case, these are all tradeoffs and the federal courts are ...

Mika, i was a law clerk to justice blackman on the united states supreme court. i've argued cases before the united states supreme court. i have deep respect from the united states supreme court. i've never seen it so polarized and politicized and i've never seen such an allout assault on the rule of law. the supreme court is going to be a bulwark in protecting our fundment fun fundamental rights and liberties, not just roe v. wade, but gay rights, civil rights likes affirmative action, all rights that we take for granted. that's the case we'll make to the american people and to our republican...