the election bid thank you for being with us. thank you to everyone who had is with us and do please, that next sunday when the next revolution will be televised. ♪ lara: welcome to a special sunday i'm shannon freeman washington.

so now we have a political fight over how and when to fill justice ginsburg's seat and that will by all accounts dominate the debate until the next election. election. democrats say they gained seats in 2018 and they have a moral obligation to fill that seat. senate is shaky this time for the republicans, so they say nothing should be done until november 3. key senators, victor davis hanson. and we begin at the white house to learn which one maybe the president will nominate as early as this week. the president said he

will nominate a woman to the supreme court as early as this week. he had plenty to say about this in lafayette, north carolina. he made his case directly to voters why now is the time to act. president trump: article two of the constitution says the president shall nominate justices of the supreme court. it will be a woman. a very talented, very brilliant woman. i haven't chosen yet. reporter: the schedule for tomorrow just came out. there are no announcements on it. a but the schedules here do change very quickly if not hourly. we'll wait to see if he meets face to face with any particular

candidate. amy f coney barrett a former clk for justice scalia. and judge lagoa is on the bench in florida. and the president doesn't have to go off this list, but it was put out recently by his campaign. the white house plans to listen closely to senate majority leader mitch mcconnell on the best way to move forward. >> it's 44 days to the election. it's possible, but we will leave the timetable to leader mcconnell. reporter: the president has a busy schedule of his own this week. he will be heading to the battleground state of ohio

tomorrow. shannon: thank you, mark. as senate majority leader mitch mcconnell insists the president's supreme court nominee will get a vote on the floor of the senate, senators are signaling their limited unwillingness to hold that vote. and the speaker of the house isn't ruling out any of her tactics either. reporter: senate democratic leader chuck schumer reiterated his threat, if the republicans go forward with their supreme court nomination next year will be pay back. >> once we win the majority, god willing, everything is on the table. >> i believe we must consider again all the tools available to ourur disposal and all of these options should be entertained and on the table.

reporter: nancy pelosi row fused to rule out impeaching the president or attorney general bill barr to slow down the nomination. >> we have arrows in our quiver that i'm not about to discuss right now. but we have a big challenge in our country. >> there will be a vote. there have been some cases like justicjust d justice ginsberg h, others took longer. orto we'll move forward without delay. reporter: susan collins of maine and lisa murkowski of alaska say they oppose a floor vote before election e day. but if the election is fought out in the courts, you must have a 9th justice for a tie

breaker. >> the judge will start making the rounds on capitol hill hoping to lock up votes for her nomination. shannon: thank you so much. with republicans pushing forward with plans to fill the closest supreme court vacancy to any presidential election in 156 years what are some of the arrows and the democrats quiver? impeachment, president or attorney general getting rid of the filibuster even courts packing and well let's discuss the options and where we go from here with democratic senator from maryland then carded with senator cardin thank you for being with us tonight. >> shannon, good to be with you. shannon: what do you make of this hint or rumor or talk of impeachment of the president or of the attorney general? do you think that would go well with the american people whether democrats or republicans or have no political ideology at all but as the country ready for that? >> shannon, we are just asking

the republican leader to follow the same process he has followed for president obama when there was a vacancy in february of the election year. it was not about that nominee and it was about the leader saying that the voters have a right to be heard before that appointment is made. we are a lot closer now than we were when president obama vacancy occurred. just respect the rights of the voters this country but we've already started to vote in some states and whoever wins that election should be the one to nominate the next person that serves on the supreme court of the united states. that is the point the mega people need to hear and this is a lifetime appointment and it affects everyone's life. it affects their healthcare, civil rights, voting rights and their worker rights. the voters of this country should have their say.

shannon: senator, if hillary clinton was a present right now and senator chuck schumer was the majority leader watch what democrats do, honestly? >> we saw with mitch mcconnell did. in february of an election year where there was a supreme court vacancy and the person nominated was a consensus type individual but mitch mcconnell said look, an election year it did not make a difference who had the majority in the congress and who had the majority or who had the party of the president and did not draw that distinction but that felt that close to election it should be up to the voters to speak first and decide who should make that appointment. if it was not a partisan matter that mitch mcconnell said and it's a matter that the vacancy occurred in the election year and we've had senate controlled by one party and the president by the other and supreme court to be considered but as mitch mcconnell says with merrick garland he refused to do that in

an election year. this is not a vacancy that occurred months ago but the elections started with early voting already. wait for the voters to speak. shannon: this is what senator schumer said in a tweet, february 2016, the last time we face this. he said, attention gop, senate has confirmed 17 scotus justices in presidential election years # do your job. someone influential asked in 2016 the summer of 2016 about whether the senate to move ahead and said this, that is their job there is nothing in the constitution that says the president stopped being president in his last year and that was justice ginsburg. >> i understand but mitch mcconnell was one who held off the merrick garland nomination. he had the power to do that and said it was because it was an election year and it would be the height of hypocrisy if he brings his nomination to the

floor during this time. as you pointed out in the introduction to this segment, we have over not had one over years of vacancy this close to the national election. shannon: senator, what do you think happens and for publicans move forward? clearly they won't have democratic votes on the senate judiciary committee or if it skips to the floor but this talk of what will happen next year, senator schumer saying again tonight, nothing is off the table. the filibuster about potentially being a race to 60 votes threshold, packing the supreme court, you see any of the things coming to fruition if democrats are in control next year? >> i know there will be a lot of conversation with our colleagues on both sides of the aisle. we want the senate to work. we want harmony between the two parties, regardless of who is in the majority or minority. that is when the senate works best. we want the system to work but you can't have one rule for one

republicans, when you have a democratic president and block the nomination and another where it's a republican president. that's not harmony or working together. when the next few days or weeks there will be a lot of conversations between democrats and republican members of the senate to say we want to preserve the senate and it's the best tradition. that means hold office nomination until we know who is the next president and what that person makes the decision as the nominee. shannon: senator, you served on the judiciary committee and out a member of the fuller senate as well with a lot of pressure on you so we thank you for taking the time to visit with us. thank you, sir. >> my pleasure. stay safe. shannon: gop senator susan collins of maine up for reelection in november. alaska's lisa murkowski is not the both of them but republican senators believe a vote on the

next supreme court nominee should wait. let's talk about that in your reaction to what senator cardin just told us from senate rob again conference chairman john grasso. to have you back from a senator's been great with you, shannon. shannon: you heard what your colleague across the aisle said but he said listen, this was the argument that mitch mcconnell made back in 2016 and is making a wholly different argument now and everybody is pointing at each other based on what they said in 2016 and now claiming hypocrisy so how to respond to that? >> made the right point, shannon. if the shoe were on the other foot and the democrats had both the white house and the senate they would be confirming and trying to confirm right now. twenty-nine times in the election-year for the president has been a vacancy in this up in court and when one party controlled both the white house and the senate they went forward with that nomination and were usually approved. if they were a different parties and this is the biden rule, joe

biden talked about this when he was chairman of the judiciary committee. when he told george herbert walker bush that there was the vacancy biden would block it because it was a republican president and a democrat senate. we are moving forward. i know it will happen for the present will make a nomination this week and lindsey graham will start hearings in the judiciary committee and we will vote this year on that nominee. shannon: it makes a difference for a lot of folks whether you vote before or after the actual election even if you started the process with the nominee through the committee process. we talked about senator susan collins and lisa murkowski and talking about the fact that they think the next vacancy needs to be filled by the person elected on november 3. even if you proceed up until the presidential election you got a nominee in the process has started. do you think that whether it is before or after you will have to have the senators voting with you unless the president is resoundingly reelected on

november 3? >> first, every senator speaks for themselves. i have great respect every member of the senate and the chairman and the president will make an nomination in every senator will be asked to offer advice and consent and will have an opportunity and allegation to vote. what i did want to point out that one question senator cardin would not answer of yours is what is chuck schumer going to do? let me be clear. at the democrats win the white house and the senate and have the house they will change the rules and they will blow up the senate and they have an entire war room working on this and they will expand the number of members of this up in court regardless of what the republicans and president trump do, if they get their way and ruth bader ginsburg says nine is the right number of the court and she says they should not expand the court and she said it makes it to political but i will tell you this is their plan. this is a pure power grab and then they want to stack the

senate as well by expanding the number of states to include dc statehood with two new democrat senators. that is what is at stake in this election come november, shannon. shannon: what you say to those who it's a scare tactic and rebellions are just trying to do a smokescreen for flipping deposition in 2016 and what you are warning the country about is not going to come to fruition should they take power? >> the democrats have a all-time war room and they had been campaigning on this promise and the thing that is telling to me is, you showed the video today of alexandria ocasio-cortez at a press conference with chuck schumer. i will tell you, anybody that is followed chuck schumer for a long time knows he does not like to share the camera or the microphone with anyone. she is the de facto speaker of the house because nancy pelosi is terrified of her and chuck schumer is worried about a

primary for her in two years in new york. she is running the democratic party and wants to run it further and further to the left and that is the big problem for the country, shannon. shannon: democrats are trying to make peace with different parts, younger more progressive part of the country and the astonishment, folks have been there a decade. we will see who wins out as this moves forward. senator barrasso, good to see you, thank you. >> thank you, shannon. shannon: a third supreme court nominee expected from president trump this week as washington gears up for a contentious fall. our panel with insiders who have worked on sipping our nominations, neil a a a a a still your best friend. and now your co-pilot. still a father. but now a friend. still an electric car. just more electrifying. still a night out. but everything fits in. still hard work. just a little easier.

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president trump: i will be putting forth the nominee next week. will be a woman. >> as everyone knows, i made it clear my first choice for the supreme court will make history as the first african-american woman justice. shannon: the two rivals agree on one thing, that nominee to replace justice ginsburg on the supreme court will be a woman. the president has already unveiled a list of potential nominees. as joe biden is being pressured by both right and the left to rule out his own list of nominees but let's debate. two folks know a lot about this,

former chief counsel to tenant jenna disher committee dianne feinstein, neil, former team nomination counseled that is the same committee mike davis, great to have you both with us. >> good to be here, shannon. >> thank you for having me. shannon: we have the list of the president is pretty lengthy so we will have some of the cycle through so people can see but we know now it's women on the list. mike, what do make of the names primarily hearing with amy kony barrett, barbara lagoa and listen, there was a guy who looked to me a couple days and said i'm guessing he's out but who do you think is a front runner at this point? >> i don't know if there's a front minor at this point but i think the three women are the leading contenders because the president said he will speak pick a woman. he's a rock fell conservative and would be a great person to consider for the next pick after this but judge amy coney barrett is on the seventh circuit and appointed by president trump three years ago.

she was a notre dame law school grad, top in her class, executive editor of the log review, clerked for justice scalia. she is a rock solid conservative, textual list, originalist. she would be a fantastic pick. judge barbara lagoa is a judge appointed one year ago by president trump on the 11th circuit in florida. she was a state court judge at every level of the florida supreme court for four years and she is a human woman, the first latina appointed to the 11th circuit. she testified at the hearing one year ago that she is a committed textual list and originalist and would be a great pic. judge allison jones rushing is 38 years old and a trump appointed judge on the fourth circuit and clerked for my former judge, judge gore such on tenth circuit before clerking for justice clarence thomas and would be a great pick. shannon: i'm starting to feel old when we talk about supreme

court justices potentially 38 years old. neil, let me get you a way in here. timmer taught trump campaign director says this about the presser on door biden to release his own list says he can't release a list because we know he's in a grip control of the extreme radical left. the judges would have to put on the list to satisfy those people on the extreme left would not be palatable to the majority of americans. neil, i don't know if folks outside of those of us who follow this with a fine tooth comb will know who these judges are but there is a lot of pressure from what i am hearing from the biden campaign from the left. they want to know and see this list. why haven't we not seen one yet? >> let me take a moment first to mourn the passing of justice ginsburg who was truly an iconic supreme court justice, hero to americans, champion for equal rights for women, lower income people, mental disabilities and all americans and especially to young women like my daughter in law school.

i think the biden campaign is well use to pressure from the left at this point. they will do what they see fit just by what someone on the left or right might wish them to do. the fact is, vice president biden is not the president at the moment. he is not faced with making an actual nomination. president trump apparently is determined to do. he can take his time and that his candidates and first has to get elected president to be in this position and then you meet with potential nominees and go through all the due diligence that is such a critical appointment deserves. shannon: mike, the former vice president outlined a number of reasons he would not release the list but he has a great he said to put someone on the list would put them to be subject to unrelenting political attacks and would not have a way to

defend themselves and he would not be able to move on them for several months anyway. quick word to you, mike. >> president trump and 26 team put out list and he was transparent about it and it helped president trump win an upset victory against hillary clinton. i think the reason vice president biden doesn't want to put out a list is because the people who demand justice in the left-wing groups want to put on the supreme court would scare the heck out of the american people. i would say i run the article three project which is advocating for president trump's judicial nominees and if vice president biden is not going to put out his list we will go but when out for him tomorrow. look for that. shannon: okay. we will watch for that. neil and mike, thank you both for sharing your expertise with us. good to see you both again. come back again. >> thank you. shannon: a look at this how the mainstream media treated the 2016 supreme court vacancy versus the headlines that you are seeing tonight. we compare a migraine hope from aimovig.

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supreme court with the latest great good evening, david. >> it's been quite a scene this weekend pray to you note this building very well by me, one of the most beautiful in the country, if not around the world but unfortunately it has been closed because of covid-19 over the past several months of the public can't go inside but we want to share some pictures provided by the supreme court taken by the photographer of the black drapery that is over the bench where justice ginsburg once sat for many years. this is a tradition that goes back to 1873, justice salmon p chase in 1873 for a long tradition print this morning, outside the supreme court house speaker nancy pelosi stops by to honor the late justice, someone she knew from decades and considered a friend, a steady stream of mourners continue to pass by the court and assigned to shannon to mow several thousands and i saw it, several thousands packed the street between the capital and the supreme court for a candlelight vigil. it's quite a juxtaposition

because this is right across the street from the capital where the battle over who will fill the seat will take place. one of the 100 senators who will vote on a new justice, senator elizabeth warren was out in front of the court last night. listen. >> mitch mcconnell and his henchmen believe that they can ram through a supreme court justice only 45 days from the election. >> that steady flow of mourners continues today. so many flowers outside in front of the court and some of those people have been following ginsburg's career long before she was on the high court. >> i think she really was not about politics but about rights and women and she really was my hero smirked justice ginsburg died peacefully surrounded by family at home right as the

jewish holiday, rosh hashanah, began pretty she will be interred at arlington national cemetery and it shannon, as far as arrangements possibly that may happen for the public to pay respects we still don't know that yet obviously because of covid-19 but it is possible something may happen where the public can pay their respects. shannon. shannon: i remember the outpouring there at the court after the death of justice scalia bred many people would want the same opportunities to honor justice ginsburg. we will stay tuned and let folks know as soon as we know. david, thank you. following the passing of justice antonin scully on february 2016 the washington post was quick to point out that one third of the all u.s. presidential appointed a supreme court justice in an election year and in fact, quote, six lame-duck presidents appointed supreme court justices before their successors took office though not since been to many errors in 1892. let's get perspective on that history. senior fellow at the hoover

institution and history expert himself, good to have you with this tonight, sir. >> thank you for having me, shannon. shannon: we are seeing slightly different headlines this time around. one paper in particular i picked up this morning said as the nation mourns it something to the effect trump vows to jam through the sea or fill the seats but the headlines are different this time around but is the situation different? >> not really. there is no such thing as a biden rule or mcconnell interpretation of a biden rule but those are new political strategies that when a president of any party in an election year wants to make a nomination or can make a nomination it just depends on whether he controls the senate or not and then people make the necessary adjustments. i think the acrimony comes out of that very bizarre surreal kavanaugh hearing. both parties came away with different lessons. the democrats thought it emboldened their base and rub them up and that is how they won the house and through elegance

thought that polarized america to such a degree they picked up two senate seats in an off year. i think they're both ready to replay that again but a lot of this anger is not historically based. i think it is anger among the democrats themselves and it's almost a self anger because you and i would be talking tonight if we were even talking and we will not be talking about this but talking about ruth bader ginsburg and it's three things that happened. that is in 2013 harry reid blew up the filibuster on judicial nominees when he held a majority in the senate but had he not done this this would all be theoretical and there would be no way in the world republicans could push this through. and 2014 the democrats lost the senate after a pretty stunning reelection two years earlier by barack obama and then in 2016 and they even lost it in 2018 when the republicans picked up two seats. had they just won any of those three we would not be here

tonight and finally and i want to be reverential to the memory of justice ginsburg but it was typically a pattern and american jurisprudence that when a justice felt tired or wanted to retire or wasn't in the health or had a particular agent wanted an ideological replicant they waited till the president of their particular party or ideology was in power and then they timed their retirement and that is what david souter, the republican turned liberal day with barack obama and what sandra day o'connor did with bush and that is what anthony kennedy did with trump but ruth bader ginsburg was 81 and 82 and coming off some bouts of ill health and she could have retired in 2013 although many people urged in 2014 and obama had a majority in the senate and would've made a very rapid appointment and she would've been praised as her legacy and we would not be here. i think she kept on because she felt that her health improved and hillary clinton was a sure

winner in 2016 or maybe she could persist until 2020 or 24 but final thought is this isn't the end of anything because the democrats have a very strange propensity that they are much more effective at flipping justices when they are in or on the court than they are stopping a confirmation and by that i mean going back to earl warren or william brennan or john paul stevens or harry blackmun or david souter, once a republican conservative gets on that bench may be justice roberts confirms that in some ways, maybe it's the oxygen of washington or the cultural pressures of that city were that liberal culture but they flip and note way that justice gager nor justice sotomayor will never vote conservative so this is not the end of it. it will go on and on. unfortunately -. shannon: yeah, you mention

justice ginsburg and the calls for her to retire last time from the left and she was very firm about the fact that this was her life's work and life's passion and she did not believe someone who was grew up the way could get confirmed and she would stay there as long as possible and was very determined. she did overcome a lot of health issues and probably felt like she could continue to fight because she beat me on so many times. victor david hanson, always good to have your perspective. thank you. >> thank you. shannon: joe biden urging senators not to vote for the president supreme court nominee and explain why he has not

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shannon: the supreme court vacancy greeted by the death of justice ginsburg has turned the 2020 election season on his head. as joe biden's campaign tries to adjust its message of the election as primarily one being a referendum on the president's handling of the corn of ours pandemic now a whole new issue

but correspondent jackie heinrich is live for the very latest from wilmington, delaware paid good evening, jackie were marketing, shannon paid directly addressing republican senators joe biden laid out a proposal if president trump wins reelection they should move forward with the vote but if he does not his nominee should be withdrawn and no action should be taken before the election. biden cited president established by the gop when they blocked president obama's nominees during the election year of 2016 and robbie can leaders claim the american people needed to have a voice in that selection but circumstances are different now. in 2016 gop majority senate blocked the nomination of an outgoing democratic president in this time around replicants controlled the white house and the senate but rolled against made blanket statements that biden was quick to cite like senate judiciary chair lindsey graham who went so far as to say a vacancy should not be filled in the last year the president's first term even under a republican president. biden quoted graham. >> and you could use my words

against me and you would be absolutely right. that is the republican side when justice scalia passed away about nine months before election day that year. you can't unring the bell. >> if republicans press on democrats are mulling multiple defenses, including expanding the number of justices on the court should democrats win back the majority and president biden signs off on that which just last year biden did not seem to like that idea very much great he said i would not get into court packing it president and we have had three justices next time around and we could lose control. in the meantime verizon is ejecting calls from president trump to release his own list of candidates to unknot us apart from congresswoman alexandra cortez who said such a move would risk dividing the party and could be demoralizing by his

said his pic would make history as the first black woman on this up in court and pledged to consult with both parties first and progressive firebrand aoc was a fervent barbie sanders supporter and never endorsed biden for president but has pledged to vote for him and following justice ginsburg death she said a vote for biden is a vote for democracy itself and urged fellow progressives to get on board shannon. shannon: jackie heinrich live in delaware. thank you so much, good to see you tonight. let's break down the election impact of its open seat which might political panel. democratic strategist kevin rowling, fox news conservator katie pavlich and then, welcome to have you all with us tonight. >> hello shannon. >> good to see you. shannon: i asked senator cardin, democrat at the top of the show about these rumors of impeachment and stacking the court and get rid of the filibuster he would not commute straight answer on what may happen with those things but

here is what house speaker nancy bliss he said when she was asked today about the possibly of using impeachment. we don't have a bit i'll tell you what she said. she. she said whatever options arrows in our quiver that i'm not about to discuss right now and congressman jim jordan responded her and said that she said she was going forward potentially with impeachment and i don't think they reckon people like being threatened. katie how do you see the potential discussion of another impeachment going over? >> well, first i don't know how they will put another impeachment case against the president up against the president simply fulfilling his constitutional duty to nominate someone to sit in the seat vacated by justice ruth bader ginsburg. the president is simply following president when it comes to nomination and appointment that have been made in presidential years in the past and democrats were threatening to use impeachment or other retaliatory practices simply because the president is

doing his job really is quite something whether it is those threatening violence and riots or public officials like nancy pelosi saying they will move forward with court packing and impeachment based on something the president has the absolute right to do and the duty to do on behalf of the reckon people. shannon: kevin, earlier tonight senator barrasso joined us, republicans talk about this press coverage night with senator chuck schumer topped immigrant in the senate and commerce woman alexanderia ocasio-cortez and made the point and i think we all know that senator schumer does not like to share a spotlight, microphone or camera with anyone else but set a whole lot that senator or that congresswoman aoc was there with him and saying listen, we've got to make sure all that we entertain all these possibilities and he made it clear she thought everything should be on the table much as he said it should be as well. how do you think that will play with middle america? >> good question, shannon.

i watched you this morning on fox news sunday talking about the importance of the seat and the fact that democrats and you make a point are really united and he saw that tonight that senator schumer was sharing the stage with aoc in that press conference in new york city. the adjusting thing to me is new pulling out just in the wake of losing rbd on friday night show 62% of americans want to see the next president appoint this justice, including half of republicans. i know mitch mcconnell is making this correlation in terms of power and a he's a good strategist as to where his votes are in packing the court as he has over the last four years with over 200 or so federal justices and judges but again, it comes down to a political calculation and if rachel begins her losing ground in fees senate seats it is anyone's question whether this will move forward. shannon: it is interesting to look at polling for it i went back and had our research folks pulled the exit polling from 26 team because it it's 70% of voters said that the open seat

which was then of course the unexcited death of justice glia that was of important or most foreign part of their vote and was just about evenly flip between hillary clinton voters and down from voters so who benefits from this because i can see it will fire up the base on both sides. >> hugely motivating on both sides. i would say this if we look at polling and public opinion, i think the polls the matter the most on this were the actual votes cast in 2016 which elected donald trump president and then in 2018 after the kavanaugh mass one of the central issues of that campaign and senate races was the supreme court and republicans expanded their majority. those are the two entities that make the decision prayed the president gets to nominate and the senate gets to give advice and consent and in the last two elections where actual voters had their say donald trump and the senate republicans won. that is where we are right now

politically. katie made mention that the constitutionality was complete he cut and dry. it is absolutely ironclad. the president has the right to nominate in the senate can choose to entertain denomination or not and the opposite party in charge last time around 2016 there will begin health senate decided not to and this time i think they might take a very different tack and finally i would say that history his here is important there than 29 times where in a presidential election year there has been a new vacancy on the supreme court and the history of the united states. can i fit in all 29 of those cases the president at the time nominated someone to fill that seat. in the circumstances where that president and the senate were controlled by the same party or members of the same party in 17 out of those 19 cases the result was confirmation. that is the relevant history and the constitution is also very clear and the people has spoken in 2016 and 2018. shannon: yeah, it's been a long

time for it i want to say over a century maybe in 150 year range since we had one in opening this closer presidential election. i got to memorize those numbers because they will come up a lot over the next few weeks. kevin, katie and guy's thank you for being with us tonight. >> thank you, shannon. >> you bet. >> thank you, shannon. shannon: justice ginsburg star power made her a pop culture celebrity well into her 80s from halloween costumes to comedy. a look at the

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chris: i'm chris wallace. a historic showdown over a supreme court vacancy with just 6 weeks till election day. >> it says the president is supposed to fill the seat, right? that's what we are going to do. we are going to fill the seat. >> voters should pick the president and the president should pick the justice for the senate to consider. chris: death of justice ginsburg sparking a fierce debate in the race for president over the future of the court. senate majority leader mitch mcconnell vowing president trump's nominee will get a vote while democrats say selection of a new justice must wait till