Ruth Better Ginsburg, has passed away and tell me what you know. We literally just getting this out right now Supreme Court Justice. That's that's tough to absorb this industry, a right with you from a new times, unlike all borrow, now attack four mourning for a remarkable career and life well live, but also a loss rocking the political universe tonight in part, two of our episode on the death of just Ruth Peter Ginsburg. We are forty five days from a historic presidential election. We forward to what happens next. My colleague Julie Davis, on the fight to fill her seat the battle lines over the court's future, already

draw its Monday September. Twenty first Julie. We just put to our former colleague when the greenhouse about the legacy of Ruth Better Ginsburg. We want to turn to you as someone who has covered both the White House and Congress to understand this battle about filling justice, Ginsburg Snow vacant seat, and it feels like to a pretty remarkable degree that the process of mourning the loss of Ginsburg and replacing her blended very quickly.

That's right, it was immediate, and that is because the stakes are so incredibly high. President tromp has already been able to install to justice is on the Supreme Court. Both conservatives, this would a chance for him to night yet another conservative he be. The first president since Ronald Reagan to have been able to confirm three justices and it would undoubtedly Tipp the court in a much more conservative direction, also reached bitter Ginsburg. As a liberal icon, she is revered on the left and it's very clear that she would be replaced by someone who might very well vote to undo a lot of the decisions that she was pivotal in making, and on top of that word, just forty five days out for a really intense presidential election and in the middle of a pandemic. It's a lot is alot. Let's talk about

the various players in this already pretty ferocious battle over replacing Justice Ginsburg and if you like, the first player, perhaps The most important at the start of this is present tromp, who has the job of naming her replacement. So How are you thinking about him in smoke and end with this vacancy in mind right. So you have to remember what president trumps political situation was before this happened. He has been behind. In the national Paul's, trailing Joe Biden. Four months he's been behind in the battleground states that are going to decide this election. The trend was very concerning to the president and his campaign, and so for the president. He and his advisers see this as a way to rally the base yet again, and

you make this election a referendum on something other than his your ship, something other than the bad economy and the crew virus. So article view of our constitution says the President nominated Justice Is it so that's why your hearing him at his political rallies figure. We re more layer, Canada? I don't think so too. All voters. I'm going at a point. Some I'm in a point them quickly. It's gonna be a woman, and so you know you heard his supporters chanting feel that sea fill that sea, and that becomes a really compelling thing for him to have something called. Crete tell people they are going to get there's other journalists genuine fill that seek. This is and what we know about who the president is thinking of pudding, injustice

Ginsburg C C, he said, is a woman, but beyond that, what we know so we know he's looking at at least to women or judges, who he has nominated and gotten through the Senate and confirmed and installed on to the federal bench, the first one? is Amy, Coney, Barrack, she's forty, eight years old and she sits on the Seventh Circuit Court of appeals. She is a former law professor from Notre Dame she was academic for much of her career She is really a rock star, too conservative she's, a devout Catholic. She has talked in very soon a stark terms about her beliefs. She's talked about how,

she sees the law as a means to an end of establishing the kingdom of God, where he said during her confirmation for the appeals court that she would respect precedent. But she is very, very antiabortion and most Democrats think that she would be very likely to side with a concern. As majority to overturn Roby Wade. There's another woman who the president is looking at named Barbara look she is on the Eleventh Circuit Court of appeals. And she had a lot of things going for her in the eyes of the president and his advisers

she's, not only women, but she is cuban American. She is from Florida Hispanics around the country, but particularly in the battleground state of Florida, are a very important constituency for president charm, and Judge Logo is probably best known for siding with majority. In a case that was decided just recently in Florida. That said that felons who had been given the right to vote in the election shouldn't be able to vote unless they went back and paid fees and court finds an restitution so essentially disqualifying a large group of former convicts from voting in the election, and so given her conservative judicial credentials and her personal background she's another one whose names were hearing a lot as a possible pick till the next big player in all. This, of course, is the Senate, which would work,

Eve present trumps nominee for this vacant seat. So what are the dynamics there at this moment that we need to understand what the first thing you'd understand is that, within a very short period of time after the news of Justice, Ginsburg passing came out which Mcconnell the Senate Majority Leader, who has dedicated a large portion of his time and energy to packing the courts with President trumps conservative, traditional nominees, both Supreme Court and lower courts put out this statement makes very clear that, regardless of what had happened in the past president, Now many was going to get a vote on the floor of the Senate and that kicked up an immediate ruckus, because damn crabs remember all too well what happened in twenty? Sixteen when

Obama nominated a judge to succeed, antonyms glia after he died because reappraisal of constitutional right to nominate a Supreme Court Justice and Mitch Mcconnell made it very clear right off the bat, and it is the sort of sculpture, ripe truck on a president and withhold its concern that that person was not going to be considered by the Senate because he said there was a presidential election coming up. The american people may will elect a president who decide phenomenon. Judge Garland percentage consideration been expressly, may also nominated somebody very dear and choice of a new Supreme Court justice should be up to whoever was elected on election day either way. Our view is that give the people a voice and filling this vacancy

but no one has watched Senator Mccain all and the links that he's gone too, to confirm. Conservatives to the federal courts really believed that he would hear his words when twenty sixteen and say oh, never, mind, I'm not going to go through with this. It was very clear that he was going to go forward with a Supreme court domination even in an election year, regardless of what he'd in the past, but you I want to linger on four December, because it did very much feel like majority Mcconnell created a standard in twenty. Sixteen. It was an incredibly polarized standard, but it was a standard nonetheless that in an election year you should not put forth a Supreme Court justice, because it's too closely election borders are about to render a verdict, and now all of a sudden- and if I math, is right on this much closer to an election, then when Miss Carlyle was nominated intent,

steam Mcconnell is reversing himself as they actually is the perfect time to put forward and confirm a justice is he trying to account for that very significant contradiction? Will he has tried to account for it? He is basically saying that. Being consistent because in twenty sixteen you had a republican Senate and a democratic president. So you had divided government and in that scenario it was only fair to wait until the voters had their say as to whether they wanted to continue. Divided government or haven't republican president and Republican Senate before they acted on a Supreme Court nomination, and now we have unified rule. We have a republican president and republican Centre

and so that's not necessary. We don't have to wait for that verdict. We have that verdict. They re elected Republicans to be in control of the Senate President Trump one election and twenty sixteen and work. To go so in a way he's making a pretty raw power argument here that we ve, the majority we ve got to say, and so Kind of you know try to dare to stop us and the big question then becomes: can he hold Republicans together, that position, and why would he not be able to Republicans around opposition well for it, reasons. One of them is that many Republicans had signed on to this. And twenty sixteen and made comments reiterating it in the years since and one M was Senator Lindsey Ground,

I want you to use my words. It gets me who had said repeatedly and twenty sixteen it there's a republican president and twenty sixteen in a vacancy occurs. In the last year of the first term, you can say Lindsey Graham said less, let the next president, who it whoever it might be made that nomination and you could use my words against mean you'd, be absolutely right and then again in twenty eighteen. If an opening comes in the last year, a present trumped term and the primary process has started well away to the next election, and I've got a pretty good chance been the year on the record

yeah I hold a day in actually invited people. The fact check him later if he changed his position, and so the question was what was Linsey ground gonna do and senator. Do you think President Tromp agrees that if there is a Supreme court vacancy and nineteen or twenty, that it shouldn't be filled, because some people should wait for the next president to be elected, Chuck crossly from Iowa former chairman of the Judiciary Committee, said something similar to the one year of the twenty. If you one file the pattern of by rule, and I Oh that, then you So you have to Republicans reading Susan Collins of Mean and Mister Mc Caskey of Alaska, who have said very recently days or weeks before Justice Ginsburg passed away, that it would not be appropriate to consider a Supreme Court nomination this close to an election? So the question for all of them become

are they going to hold to these statements. Now that the vacancy is a reality, are they going to turn against them? Do a complete one hundred and eighty and follow Senator Mcconnell's lead and what does that mean for whether Mcconnell has the votes to actually do? What he's now promised the president he's going to do, which is confirmed his nominee right use, mentioned for republican senators and right now, Republicans control descended by just three votes. So if all four of those centres would basically stay with their public pledge of support for the original Mcconnell standard, it would not be technically possible to confirm a replacement for we'd, better Ginsberg. That's right, Mcconnell cannot afford to lose. Three Republicans

with vice President Pence, breaking a tie in the Senate because he's the President of the Senate and still have a simple majority, but if he was as for that's it and he can't proceed so. This is the key question for these senators and for the rest of the republican senator Lindsey Ground made very clear very quickly. He is in a tough reelection race in South Carolina much tougher than expected, and he obviously been a very loyal ally of president Trump and very quickly. He just said but never mind what I said before? I now believe we should go forward with this and he completely turned away from his previous stance. We ve heard nothing from check grossly. He said about it and then Senator Collins, who is also in a very tough real, Sean race in Maine, in a state where the president is quite unpopular, actually made a very clear She was going to stick with her previous position and said it's an action year, we are too close to an election.

The president has a right to nominate someone and we can start to consider that person, but the bottom line is that the person who is elected president on November third should be the person to nominate the successor for Justice Ginsburg and would run we're Caskey LISA Mortality, also came out with the same position. She issued a statement that essentially said we should not have a confirmation vote until after the election, but really only heard from a handful of of senators on this and part of the reason? Why is because Senator Mcconnell knows this dynamic is determine whether he has the votes or not, and he put a letter to all republican senators on Friday night, not long after his public statement went out. That said, keep your powder dry. Do not lock yourself into any particular position on how to proceed with this vacancy. So what do we think that the Senate will do because as much as the president can control this process by putting forward a nominee at the end of the day, as we

learned from the case of mere garland. The Senate either begins to whole confirmation hearings, or it is not so good What's your sense of what the Senate is likely to do over the next few weeks before the election, and perhaps even after the election when it comes to filling this vacancy? Well, I think it's in a waiting early to say Mitch. Mcconnell has to get clear in his own mind where his republican senators are willing to go with us, and it's not just a question of do. We have the votes today, but could moving very quickly and trying to fool to vote for a confirmation before the election actually damage. Republicans politically, he does have a number of incumbents to worry about some of whom would really rather not have to cast what is

would can be a very polarizing vote in what we can already tell us going to be an extremely brutal process before they face the voters. November? Third, so he has really tricky calculation to make, and it's not just about when he can get fifty one votes and there's another consideration here too, which is the legitimacy question women? The Republicans have to consider what happens if President Trump loses and what happens if they lose their Senate majority. In that case, President Trumpets Toby, president after November. Third, until Joe Biden were sworn in

and Republicans would continue to hold the majority in the Senate and Mitch, Mcconnell would continue to be the majority leader until the new Congress is seated in January, but they would be lame ducks. And the question is: how can a party that has just been rejected by the voters, potentially a president, has just been rejected by voters say that, even though that's just happened on their way out the door, they are going to install a Supreme Court justice, who is very likely to reshape the court and its decisions on huge issues in the country for a generation and there's nothing any can do about it like. Can you really do that? It's just invent reality that Senator Mcconnell Haskins bitter there's, no indication that he would not be willing to do it. I think there is every indication that He would be willing to do it, but then you have to also consider would he be able to get the votes at? That point are their republicans? Who would

swallow the process and go along with it. If it happened under our report, can majority with republican president, but who would pocket it s matter of confirming a nominee of a president who have been defeated and that's just not a question that we know the answer to, but the fact is that, under the rules of the Senate under the constitution, the way this process works, that is very possible and it is permissible and the way the votes break down. There might not be anything that Democrats could do to stop it

back three M is using science and innovation to help the world respond to covet nineteen and taking action to support communities in the fight. Since the outbreak, threeam has responded with cash and product or nations, including surgical masks. Hansen is higher and respirators through local and global aid partners. In addition, M is on track to produce two billion respirators globally by the end of twenty twenty learn. How else three m is helping the world respond to covered? Nineteen goes to three m dot: com sash covered three m science applied to life, I'm alive Shapiro and I'm a reporter for the New York Times. I write about education for a living, and this moment is really, unlike anything I have ever experienced, are just so many questions. How much will this pandemic widen the gap between wealthy and poor children will home school and become a significant part of the education system? Where does all of this leave working parents and how are teachers adjusting to a radical

for type of schooling. The fact is the answer to our readers. Questions are gonna, be really difficult to find, because the story changes dated sometimes minute, two minute, but that's what we do at the New York Times. We find the experts, we do the research we hold our leaders to account until we get the answers we believe you deserve and when the story changes, we do it again if you believe in this kind of work and want to support it, but in my time, stock com, flash subscribe to duly rude now, target president and the Senate and their plans for filling the vacancy of justice route. Bitter Ginsberg, weird The present democratic rival, Joe Biden Fit into office. How is he seeking to influence this process over which targets don't seem to have a ton of him at the moment and how do we expect this process might influence his candidacy, while for them

man. Joe Biden is trying to do two things which cannot be no. I am not speaking. The president tramped will do everyone, one of them in terms of influencing the process, must be given much more. I'll do it he wants and he does. As he's trying to talk to moderate Senate Republicans are Institutionalists in the Senate, his former colleagues, his former colleagues and say, listen, I beg you to those Republicans out their shattered Republicans, who know deep down what is right for the country and consistent with the constitution, not just what's best for their party. This shouldn't go on

Let's hope this process right now. The next president should get to choose the nominee and you Republicans, you should do what's right and basically to try to get them to break with Senator Mcdonald's position and actually try to put the brakes on this process. But at the moment it looks pretty unlikely that he is gonna win over enough converts for that to actually affect

the way that the proceeds, and so I speak for a minute merges out there were wrote in because they know their health care hangs in the balance in the middle of a worse global health crisis in living memory Biden is making this much broader semantic argument for his own candidacy and really centering at around health care and the future of health care. Donald Trump is before the Supreme Court trying to strip Healthcare coverage away from tens of millions of families the Strip way the peace of mind of more than one hundred million Americans with previously conditions, and he's doing that, because there is a big case. That's coming before the Supreme Court for oral arguments that we

after the election, in which the Trump Administration is trying to invalidate key portions of the affordable care act and perhaps most cruel. We ve all if Thou tromp has his way the complications from probably nineteen what you're well beyond what they should be like lung scarring and heart damage could become the next deniable preexisting condition for over six million Americans. Who already contracted and what Biden is doing as these essentially telling voters you re, Elect President Trump you allow this conservative nominee to replace Respirator Ginsburg, the liberal icon court, you, King

you're healthcare go by, that that is a person who is going to vote to strike down the affordable care act. That is a president who is going to use this. What has been an important, way of for tens of millions of Americans to get coverage and by the way, we're in a pandemic right, and that cannot be allowed to happen. And so what he's really doing is he's making a broader electoral argument, for this is why you need to reject President Trump and Elect Joe Biden. It's about health care and Nancy Pelosi. This. Or of the house, and all the other leading Democrats have really taken up this argument. The president is rushing to make some kind of a decision because he never returned

is when the oral arguments begin on the affordable care at which, of course, they used in twenty eighteen to very successful a to really tell people this whole election is about your health care and whether you're gonna be covered or not, and about the Democrats will do that, for you and Republicans will not. He doesn't want to crush the virus he wants to, hush the affordable care. So what they're doing is a lot of ways. The other side of the coin, to what President Trump is doing there really seizing on this court fees as the animated force of this election. So do that very that brings us to the final player and all this, which is, of course, the voters and impact We often talk about how animating Supreme court battles are to the right and I'm cute, Yes, how motivating it is in this moment to the right, but also to the I know it's only been forty. Eight hours But what are we seeing?

so. The early indications are that there is a huge amount of intensity and grief for justice. Ginsburg is passed, and also anger at how this is being handled on the left, and I think in the past couple of days ACT blew. The democratic donor site has raised more than ninety million dollars. While you have a lot of judicial groups on the left, pledging millions as much as ten million there's more to poor, intuitive residential race in two key states in which the Senate is in play to really drive home. This message about the importance of this issue, the other thing we ve seen is a lot of morning. I live not far from the Supreme Court and there's just spend this constant vigil of people

passing by and leaving flowers and saying codfish for Ruth, or Ginsburg and people driving from all over the country to go, pay their respects so Oh yes, you know you do have a lot of intensity on this issue on the right and that's always been. The case has been the case for many decades. A new thing here is that we are also seeing this kind of grief stricken Democratic left. That is much more, engage in this issue than we have ever seen them and that is kind of an x factor that I think is going to have a major impact on this. Us usually a mindful that, at the end of the day, it is a president's prerogative to fill in open sea on the Supreme Court Mean dating back to the beginning of the Supreme Court. You're, not president for three years

there's an two days or three years and seven months until the ideas, if your president and there's a vacancy on the Supreme Court, it you're rule to fill it, but that what during their Mcconnell did fundamentally changed that basic dynamic because he deprived a president of the ability to even meaningfully put forward or justice and that everything were now experiencing has been deeply informed by that and it helps explain why this process Now so brutal and ferocious right. I mean if you sink back on the history of Supreme Court sites in the Senate, there is so much scar tissue there. I mean you think back to Clarence Thomas and how nasty I got even more recently the real

Bruising confirmation battle over Brett Cavanaugh and those were deeply deeply divisive. Phases in the history of Supreme Court confirmations, but it the east. They were a process. At least the Senate was considering the elected president's nominee and the fact that that did not happen and twenty sixteen that Senator Mcconnell decided that he was not gonna even so much as allow a hearing on President Obama's Supreme Court nomination, really just put this sort of poisonous point on what had already become a really highly politicized and often very nasty process, and so

now that we are, in the tail end of a very intense presidential election with a very closely divided Senate, and we have this vacancy of a liberal justice that is, you know about to be filled, is to take the president is worried by a conservative replacement. It's no surprise that this is all really just coming to head, and that's really why, when you talk to senators honest

How about this confirmation process? They will tell you that it is a deeply flawed and broken process and that it has really reached a low point and I think, were about to see just how broken it is. Do you think you re much? Thank you Michael. The times reports that President Trump is prepared to announce his choice to replace Justice Ginsburg as early

Tuesday and is seeking to have the Senate confirm that normally, before election day, Joe Biden, anticipating the confirmation process, may extend past the election said on Sunday that, if he wins, Trump should withdraw his nominee and led by the pick his own justice after the inauguration Mulberry back this year, we are all students have rising we're working to enable education for students who need helping train teachers preparing

France and providing tech solutions for schools nationwide, it citizen, Verizon, inaction, our plan for economic, environmental and social advancement. Here's what else you need ten thirty, On Sunday night, the United States, on the verge of two hundred thousand deaths from the corona virus, or what on imaginable number, that has come just six months into the pandemic. So far virus has infected nearly seven million Americans and is on course, to claim the lives. Of at least one million people worldwide. That's it for the daily on Michael BAR Cinema.

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