tv FOX News Special The Supreme Court Nomination FOX News September 26, 2020 1:00pm-3:00pm PDT
you watching, live coverage of president trump's supreme court take continues now with brett and shannon. ♪ ♪ >> a monumental day the future of our nation, one hour from now, president trump will announce his nominee to fill bader ginsburg supreme court, it could reshape american society for generations. as a special coverage of the supreme court nomination. i am brett. >> multiple sources tell fox news president trump has settled on judge amy connie barrett on the second circuit in chicago. the judge from indiana has long been considered front run as being placing justice anthony
kennedy. that went to justice brett capital. the setup was sure to be a bitter senate confirmation process 38 days to go until the election. let's get right to it, live. hey, john. >> good afternoon shannon and brett. here we are outside the rose garden 19, the rose garden set up for this nomination, i think it is worth looking at the background of how all of this came together. fall of 2016, then don began in the transition team, they are putting together a list of potential nominees for the court of appeals. don began new judge amy coney barrett from his time at notre dame where he did his undergraduate and she did her law degree and a professor. the idea was to get her on the courts of appeals and put her name forward as potential nominee for the supreme court as well. the president became aware of her during her confirmation hearings for the seventh circuit and president thinking she
showed toughness in the face of what was a rough ride for her and the confirmation process, highlighted by the famous statement by diane feinstein, ranking member on the senate judiciary where she said her catholic face, dogma lives loudly within you. the president like how she stood up to that criticism and then in 2018, when justice kennedy retired, brett kavanaugh was being considered as the leading contender but she was held as a backup in case the vetting process didn't fan out. problems arose after his nomination but the president thought this is a woman i like, he met with her back then and said ruth bader ginsburg see comes available, then i think amy coney barrett will be the person for the job when ruth bader ginsburg passed away suddenly friday night, the president immediately went to judge amy coney barrett, he is the only one she met with,
that's taking place monday. he put in a couple phone calls to barbara of the 11th circuit court of appeals, she lives down there in miami but only because her name was being pushed by people within the white house but amy coney barrett was the one he wanted, amy coney barrett is the one he decided on in a little less than an hour from now, will introduce the nation and the world, judge amy coney barrett and then is the confirmation process. it got to do it quickly, only 38 days left but the president fully believes they can get it done before the election even though he said it doesn't have to be done by then, it could be done shortly after. shannon. shannon: will head back there to you on the ground for the historic moment when it comes. thank you. brett: joining us now, someone president trump recently named for future supreme court vacancy. then tom cotton, member of the intelligence committee, thank you for being here.
>> thank you. good to be on with you. brett: what is your reaction now that we have confirmed amy coney barrett? what you think about this day, the importance of it? >> this is an amazing day for the constitution, the rule of law in our country. president trump has nominated outstanding, one was amy cody bennet. she has exceeded even our high expectations for being a wise and sound jurists the president has made another excellent choice, i commend him on that choice and congratulate judge barrett. i look forward to confirming her to the high score of the land exmouth. >> there's been a discussion about whether they can go at her directly, there will have to have nuance looking like they are potentially being on a woman with seven children. even people who do not share her
viewpoints, and senator cardin, this is a think we continue to hear, they say the president has tried to repeatedly repeal daca and it's in the highest ruling the way, he wants them to rule. going after on the issues and they are personally, what about that with aca? >> unfortunately, it is just the democrats judging her for her faith and family. diane feinstein said the dogma lives loudly inside her. the second ranking member in the senate asked if she was orthodox, i don't know what that means. kamala harris attacked another judge for belonging to the columbus. when you have the democrats attacking judges for the faith, it creates an environment that unleashes the file effective
we've seen coming from the left attacking her for her face for having seven children, it is up to kamala harris and diane feinstein and joe biden and chuck schumer for these file attacks. they are the one who are responsible for. brett: the president is moving forward with this nomination, senator mcconnell has laid forward how this is going to play out and we are hearing the confirmation hearings would start october 12 if all goes as planned. yet, if you look at the latest polls, there is a pull from the washington post, abc news asking you think should nominate a replacement? 57%, trump current senate, 38%. do you think there's any backlash going through the president and senate majority leader are going?
>> untimely, we have more than enough time to have a thorough deliberate process here. we won't cut corners or skip steps, we confirm judge barrett fewer than three or years ago so there's not much left to review. she's been some opinions, i reviewed all of those. any other senator can do that promptly. as for polls, it's never truer than in this case the only pull that matters was election day. we had a nationwide referendum 2018 where the senate should consider confirming president trump judges. just one month after the brett kavanaugh boat, for voted against him and lost the reaction. the one who voted for him one history election and the senate republic and expanded our majority by two states so it's clear the american people didn't just elect donald trump to appoint conservative judges to the court, they elected this senate to confirm those judges, he's made another outstanding nomination and we will confirm judge barrett next month.
brett: thanks for the time. >> thank you all. shannon: they've sworn they will fight for compton before the election. they are looking further, introducing a bill next week that would impose 18 year term limits on supreme court justices. let's bring in eric, a member of the house intelligence committee. good to have you with us. >> thanks. shannon: i want to ask about this memo we got in august this year, we are awaiting the pick for his vice president pick, we thought it would be a woman and we got this from a number of women's groups and leaders to leaders in media and chief editors and that thing thing we have her back. warning against attacking a woman that they thought would add to the ticket, gives guidelines and things you can talk about, family and all kinds of things.
do you think she will get the same kind of treatment? >> i hope she does. i admire judge barrett and her face, but she is a mom and wor works, those are things we should admire about her. i am concerned her views, her work product is outside the mainstream of what most americans expect when it comes to the healthcare. she's advocated against the affordable care act, for big government and healthcare but only when it comes to making a decision for a woman about what to do with her body. that's what i am concerned about and the focus should stay on t the. brett: are you worried about possibly tinge of anti- catholic, anti-christian that is seeping through? it has done in some media comments and perhaps the questioning last time that she was up for the court of appeals, are you worried about that heading into the election? >> we have joe biden in a catholic speaker of the house
nancy pelosi, i don't engage in that, i hope no other member of the senate does, i think it's about what does this do for everyday americans in the midst of the pandemic? sure the president has a right to put this forward, you're talking the project warp speed, you were hoping as it's related to getting a vaccine, not rushing through a senate nominee for the sake of been able to do coronavirus aid but we should focus on the justices prior opinions and statements. shannon: when he was clerking for justice, he calls himself a liberal, is a law professor at harvard he wrote a piece and says she's going to be the scariest thing because she's brilliant and nice, it's going to be hard to attack her. not going to agree with her on most of what she does but she's intellectually number one when it comes to looking at the contenders out there and he thinks he deserves to be just as. eric: that may be the case and
again, that's why she be afforded decency and a process that's not attacking her motives but right now, in the midst of this pandemic, rising healthcare costs and care she's brilliant and nice, she just wants to know, do you believe i have a right to access to healthcare and will you uphold back november 10? i think that's what americans care about, fairness and equality. shannon: i think -- okay. we will move on. technical difficulties. a case coming up november 10, the affordable care act. a lot of people across the ideological spectrum think it will be an 809 case, the law will likely be upheld because we are talking about this issue of
the mandate, it's been reduced, it's about congress now. it can be severed and can stand without it. you think she would be outside the mainstream on the issue where a lot of people think the court will stick together on that? eric: she is outside the mainstream, she advocated after the supreme court upheld the affordable care act in 2012. she advocated against that decision and she advocates against the affordable care act with employees contraceptives lights in the healthcare. i think that is the mainstream of what most maggots expect. they want their own health care decisions, they don't want the government in the waiting room but they do want the government part of making sure healthcare is affordable. brett: we have digital grommets out here. i want to turn to russia investigation, you have regrets about the things you said in the past about what we are learning
now with the fbi document that the primary sub source for christopher steel is believed to have been a russian agent providing this information? eric: i believe, i do regret i was not harsh on the president about this, especially in light of these, russia as it relates to u.s. troops in the fact that the president will not condemn that. he speaks out against unvarnished intelligence that i have not seen related to iran, friends iran almost daily on twitter but if he took that same approach with russia where i have seen backup on these claims, that would protect our troops and if he's not willing to do that, it makes me wonder is his allegiance more to russia -. brett: congressman, i'm asking about the source of christopher steel you base a lot of your theory on and a lot of the effort on the dossier.
now it's coming out the primary source of that was a russian agent. back then, you said there's more evidence, i see the arrows pointing in the direction of russia. don't you have any regrets for how you talked about it back then, considering what we are learning now? eric: he admits to every time he opens his mouth. he does not condemn them for the poisoning of the opposition later when every other world leader condemns russia for that. he will speak up for our troops as it relates to this. he's taken put inside so it looks like a duck, i'm calling him a duck. brett: your not calling out the source of the christopher steel dossier, which is what you relied on a lot. eric: in 2016, attacks my opponents e-mails and then russia does it hours later. those are his own words. there are other evidence but we
don't need to further with donald trump's own words. brett: we will understand where you stand, i appreciate you coming on, i just wanted to ask that. thanks for being here. eric: thanks. brett: president trump supreme court nominee could cement a majority for generations. ahead, how judge amy coney barrett came to be the president front runner. ♪
presidential nominee is third supreme court justice. multiple sources told us he has chosen amy coney barrett to fill the seat vacated by ruth bader ginsburg that. former clickers, the late scalia serves currently on the seventh circuit court of appeals. live the supreme court. hey, david. >> the day. current the supreme court for many years, as soon as president trump says those three words, amy coney barrett, conservatives will cheer. a classic conservative, federal society is recommended in her. someone they can look to the mold of the late justice scalia. she clerks for justice scalia in
the building behind me, 22 years ago in 1998. she's a person that looked at the constitution word for word and believes what it means, literally. she interpreted in that way. september 2017, she got a memorable taste of washington d.c. during that confirmation hearing for the seventh circuit court of appeals in chicago. she fended off attacks from democrats about how her face would play two landmark cases. listen. >> the dogma lives loudly within you. that is of concern. >> if you're asking whether i take my faith seriously, i am although i would stress my personal church affiliation or religious beliefs would not bear in the discharge of my duties as a judge. reporter: the senate confirmed 55 -- 43. three voted to put her on the appeals court bench.
joe donnelly, and kim came and former vp in 2016 of virginia. connie barrett rumored to be a front runner for 2018, president trump personally interviewed her but he chose brett cavanagh and said. she's a louisiana native and mother of seven. they call south bend indiana home. i spoke with paul smith whose argued in front of the supreme court an impressive 21 times about barrett. >> a judge, i think she is the establishment choice and very capable, she is extreme the conservative. >> as soon as the president announces the name today, the clock is ticking. the battle then goes to capital hill if she makes it. if she's confirmed, if she takes
the seat here on the high court, she will be the fifth woman to serve on the u.s. supreme court. shannon. shannon: in the supreme court, thank you so much. brett: for more, let's bring in white house press secretary, katie mcinerney. if you can, since we are minutes away, say how the president made this decision. >> the president sat down in a deliberative process and went through several women on his list he before, the two long lists, he's been very transparent with the american people as to not just the type of justice he would nominate but the names. he entertained about five different choices and came to the decision of a woman he knows will be a constitution inviting originalists in the mold of justices scalia and thomas. >> is been quarterbacking about who stands to benefit or lose in this process south tracking nominee. the washington post abc news poll today says this, asking
people as it change your feelings about your favorite candidate winning, much more important than 29% of trump supporters say 48% of biden supporters back to you, worry this decision will shift the momentum of the excitement, the enthusiasm gap for the force. >> what they are about to witness, highly qualified woman of great intellect and qualification who unfortunately, the president serves democrats will draw through the mud, using how nasty it is with speaker pelosi entertaining the idea of impeachment for the president exercising his lawful article to action to power the says he shall nominate a justice to the supreme court and he's been rebuked by none other than democrat senator kane who came out and said it was a foolish idea. this has gone nasty before the name has come out. i think the american people will be clear and see a strong woman
right qualifications versus a party led by a speaker who is made clear how she will be during the nomination process. brett: she started been added and been through the process of us have the court of appeals, what is the backup for her to get through this process? you think it's going to be nasty in the coming days as a hearing start? would you all have to back her up? kayleigh: i think those reporting, the president has yet to announce who the nominee will be. we will find out here at about 36 minutes but the president believes he's chosen someone with a set of qualifications when he looks and surveys the landscape, he looks for someone with a judicial philosophy, not someone when you prejudge a certain case or rule in a certain way on a given case but someone who has a demonstrable history on saying what the law is, not what it should be. this person who you will meet
today will show that clearly. shannon: to follow up on what brett was asking about, having covered the capital case, we remember how volatile it was. people handing in the halls of the capital, we are in a situation because of the pandemic but this time people are worried about how he did to battle could be so whomever she is, what is the plan for backing her up, protecting her against any potential threats and certainly, the verbal lashing is probably willing to take a quick before the nominee will be protected but it did, it up on the democrat jamaica fair process. the president is coming on not politicizing this, the cavanagh hearing got nasty, baseless rumors for dragging a man to the mud, a sterling reputation. it is a question for democrats,
for nancy pelosi and those like chuck schumer looking to politicize this process. this is very different from what we saw in the last year of president obama's residency or you had a republican majority in the senate. it's clear by giving the majority in 2014, reelecting 2016 and expanding in 2018. the president will exercise his duty and respect the democrats. brett: just blinked twice if it is amy coney barrett. [laughter] kayleigh: i am trying really hard not to give any blinks or laughs. brett: one last thing, do you think, as you head to the selection, moving forward, how it plays ahead of the election, does a factor in to the president is thinking? kayleigh: he was squarely finding the qualities i mentioned that i will say,
unique to republican voters, i think is a real interest in the court who decides real issues. i think republican voters in particular are motivated to see a constitution abiding judge added to the court and i think all will rally around and pick the nominee in the next 30 minutes. brett: we will live here on fox. thanks. shannon: president trump's announcement will kick off a bitter confirmation battle on capitol hill as there's an army likely before the election. details on how it could unfold. over the next five weeks. next. ♪
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against confirmation as senate minority leader chuck schumer says the gop has no right to fill ruth bader ginsburg c. congressional live on capitol hill. once he makes his nomination in about 29 minutes, what is the timing on the hill? >> the first thing will be a phone call between the nominee and lindsey graham, the senate of the judiciary ready, we are told that will probably happen this evening, 6:30 p.m., maybe 7:00 o'clock and a meeting with mitch mcconnell tuesday. then they will take the nominee around the senate to meet with various senators. we will not have a sherpa, that sometimes helps the nominee navigate the senate in the process. they will not happen partly because the nominee is so well known. also because they are under a pandemic and they have this time schedule here. they hope to get to an actual confirmation hearing around the middle of the month around the 12th or so of october. usually these nominations hit the committee about 12 or 14
days after they've been reported. then they have to wait and see their hiccups with harriet myers nominated 2005, they were delays in 1991 and also with brett kavanaugh in 2018. any sort of hiccup could delay voting the nominee out. brett: we have multiple sources confirming it is amy coney barrett but we heard earlier this week about barbara, why does dara barrett seem to be a better fit? >> it is counterintuitive, a paradox where they will try to do this nominee with the fewest number of votes. i'll break it down, look at the confirmation from both somebody's at the federal level, the senate confirmed amy coney barrett 55 -- 43. you may think it's a tougher confirmation battle but here's a paradox. last december, the senate confirmed barbara 80 to 15, that means she got a lot of democratic votes and in this, that bipartisan vote against her since replicants seem to have
the votes. they would do this with the bare minimum. it's strange but it is 2020, after all. brett: when the hearing starts, there are different dynamics here, with this close to the election day, you got kamala harris, lindsey graham on the judiciary committee, tell us about that dynamic. >> harris, she interrupted chuck grassley who was then the senate do share committee chairman and 2018 with brett kavanaugh's hearing, 12 in his opening statement, 45 minutes with all sorts of parliamentary motions and things of that nature so a lot of focus will be on her. also lindsey graham facing an increasingly competitive senate reelection bid in south carolina against harrison. it will be laser focused on both on how they conduct themselves in the hearing. the instinct is to be aggressive and both were for brett kavanaugh but they cannot overplay their hand. it's possible you could have a defining moment into the election emanating from the
hearings. brett: literally days from the election. thank you. shannon: what could the opponent of amy coney barrett mean for crucial decisions? let's ring and andrew. judicial analyst and host, refile. annie mccarthy, u.s. attorney and fox news contributor. welcome to all of you. i want to play something from democratic senator from pennsylvania talking about one of the main cases democrats are highlighting as this confirmation moves forward. >> the most urgent near-term and i think controversial issue, the affordable care act. the argument in november 10, it's been the president, no secret. it's been the president's objective congressional republican to have it overturned
to destroy and wipe out protections for those conditio conditions. shannon: i think you and i on the same page, that may not make a big difference in that case. >> i think this will be a shutout. in terms of saying the mandate is cervical. the comments are interesting, as was secured is the christian with eric swalwell. he perfectly shows the difference between conservative and liberal judging. a conservative judge doesn't look at this and say how i destroy the affordable care act? the conservative judge says policy is for congress to make, my job is to figure out is inseparable was the whole statute has to fall? i think that is the way she will look at it, any good judge would look at it. i doubt there will be more than a vote. brett: if she is confirmed, this
would be a shift in the court. it would no longer be five -- four. john roberts, a six -- three essentially. >> well, good afternoon. it is a pleasure to be on with all of you, my friends and colleagues. john roberts is, at this moment, or before justice ginsburg death, a swing vote. on some issues, siding with the liberal wing. on some issues siding with the intuitive wing. when they stuck together and he sided with them, they prevailed. there were many of those decisions. he will probably not have that luxury any longer. however, things don't always turn out the way the president the nominated the justice expected them too. justice gorsuch for example, has shown a libertarian streak, which warms my heart, that i
don't think president trump necessarily appreciated or anticipated. this was a manifest in his use of the word, sex in the civil rights act of 1964 to apply to lgbtq, something that clearly was not on the table in 1964 but by using the textualism argument, the word sex means everything sexual, he voted with the liberals on that. it wouldn't surprise me to see a justice barrett doing likewise. shannon: are often involved cases there, what you think now about speculation justice prior may not always stick with the left wing that remains there. there are times he's made decisions that shows he would be movable as well but justice ginsburg was so good at keeping those words together when she was the leader of it especially
in her later years on the court. >> justice ginsburg was such an icon on the court and off because she was so powerful and articulating a vision of the constitution that protects the quality and justice for all. i think there are other mantels already on the court by not particularly, i don't think that is likely to change very much but i think obviously judges should be independent. the problem is president trump has injected a sort of outcome based into this by having the tests including having a justice willing to strike down the affordable care act and protections against making sure people with pre-existing conditions aren't kickoff health insurance are prevented from getting health insurance which is a crucial issue during this time of pandemic. of course, another test would vote to automatically overturn roe v. wade but we need a
fair-minded constitution to not follow particular colors the agenda even if it is the agenda of the president nominating. the question is whether we can have the nominee right now, especially when we are in the process of an election. -. shannon: they would actually ask a question of any potential nominees, would you overturn roe v. wade, aca, i cannot imagine any potential nominees answering that but i also can't imagine you ask what are you suggesting he would? >> it is a campaign promise, i don't know exactly how that occurs, i would think they would be more sophisticated ways of doing that but it is a promise he's made. i think he would say to his voters he has that promise by choosing someone who would strike down aca and roe v. wade. shannon: all right. we will, along with andrew mccarthy watch the case and folks may be surprised how if
♪ there are questions about whether or not she will deliver on being the type of justice who will defend the constitution as a pro-life conservative. look back over the last four years and the president has delivered over and over and over again on his promises to those who voted for him for years ago for exactly this, choosing pro-life justices. we know judge amy coney barrett will live up to that the feeling that promise as well.
brett: thanks. multiple sources telling fox news president trump nominate seventh circuit judge amy coney barrett to the supreme court. announcement just minutes away. shannon, there are a lot of people already stepping up. obviously he's from indiana but colleagues, friends have sort of before, when she was going through the process the first time, now they are back saying why she would be the perfect choice today. >> as i mentioned earlier, the article written, who doesn't share many of her views, harvard law professor writes the interesting piece saying when we were clerks together on the court, one or two people were just miles above everybody else and she was one. he talked about how he would go to her very difficult complex statutory textual interpretation questions and he knew she was the best at that. so he talks about how even though he's grieving over the loss of justice ginsburg from
the bench and doesn't want to fill the seat by president trump, he admits and says she's plainly qualified, she's a brilliant but also nice, she said this government where i remember justice scalia sometimes would, he picks on his colleagues, he would be argumentative about, advising on issues maybe you could have pulled over another vote. she's a very different person and that she does try to find common ground, she doesn't speak in unkind words to someone to the base or behind the back so this is a glowing recommendation from somebody under normal circumstances, this would not be his pick at all. >> and other funds and colleagues, richard for example, writing the case for justice barrett, judge amy coney barrett is not a symbol or mean, she's not the nominee for senator feinstein, dogma lives loudly within you, that is a concern. her catholic faith is deep and animating but contrary to what
was insinuated and her participation in the christian community, people of praise is not so different from the religious experience is of millions of americans and that is him standing up, july 4, 20 2018, it is interesting this got so much attention in recent media coverage about this group she's part of. >> linking it to "the handmaid's tale" which is a wildly popular pop culture sensation, but then the author of the book saying it's not proper to think that group to what i was writing about, that's not what i based the book on. the group has realized the terminology used over the years, which was linked with the mother of jesus, mary being referred to the handmaid, the language has changed. it means something else with this series that's out there. we are taking the name out because we don't want to give the wrong question about what
the group is about but i do think it shows a disconnect for a lot of americans, whatever their faith is, they do believe the tenets of their faith, they live by it. they are in worship services every weekend so for them, to see that attack, it will be a turnoff for a lot of folks if they see that being the primary attack on the nominee. brett: that's right. when she leaves her home in indiana with her seven children, she gets in the minivan and drives to the airport to come to washington, it's an image president trump and defend. midwest working mother. and a judge. >> it is. lucy just minutes, if it is who we think it is. supreme court said to be one of the topics tuesday. so far democratic nominee joe biden is refusing to release his list of the nominees. next. ♪
president. former assistant u.s. attorney. welcome back, guys. >> understanding were hogan's have the votes it seems now, how far do you think democrats will go to block this? is not much that can be done, i guess they can throw some wrenches in the cogs and so it up a bit. >> i don't really think there's anything they can do. i can't imagine senator kamala harris being as undignified and pugnacious now that she's the vice presidential nominee toward judge barrett as she was toward then judge kavanaugh. as a theory the democrats are going to roll over and let this pass rather than waste their energy in this effort and deal with it after january because in their view, joe biden will be in the white house and majority in the senate.
perhaps jurisdictional drawl from the supreme court which is another crazy and inflammatory issue but there's very little they can do, in my view, and the judiciary committee meetings or hearings were on the floor of the senate. shannon: unless they decide to boycott them altogether, they have been doing that, i would expect they will oppress were the nominee is. to really try to get inside her prudence, her ideology, how she decides cases and we know nominees are never going to be specific about something like a contentious issue like abortion, which seems to be the center of the conversation about judge baratz. we seen a number of nominees from publican, not giving us information. what duty do think they have where they stand? >> i think i would look to the senate to do the consent of the constitution. i think first, there will be an
issue even if the president obviously goes forward with this nominee, there will be an issue in the hearing about whether it is an appropriate time given that voting is already underway and we are in the middle of an election right now. i think also, there's going to be question about the record of the nominee, which is striking down roe v. wade in getting rid of aca. there will be questions and it is within their duty, senator harris with dignified and following her constitutional duty when she russians the nominees before her. brett: who got to run. thank you so much. we owe you sometime next time. keep it here, all eyes on the white house. president trump, moments away from his big announcement. by the struts
>> just moments from now, president trump will announce who he has selected to replace the late justice ruth bader ginsburg on the supreme court. multiple sources telling fox news the president has chosen judge amy coney barrett to sit on the high court as you look live at the white house rose garden the president third supreme court nomination. almost unheard of feat for first term president. this is fox news special coverage good afternoon i'm bret baier. >> i'm shannon as we await president trump made plans for a swift confirmation if the president does, in fact, nominate judge barrett then senate votes to confirm a 6-3
conservative majority on the high court for years to come, though, some conservatives remain skeptical relying on politically tricky cases. >> you can see attorney general sitting down with chief correspondent john roberts. john. reporter: good afternoon to you we're sold things are a little bit delayed it will be a little while before the president comes out with his nominee judge amy coney bairtd of the 7 circuit court of appeals in it terms where we go from here the president is happy about where the republican party is. he's got 51 senators who are saying that they will vote on this nominee. senator susan collins and murkowski of alaska said they'll not vote before the election probably are thinking too that the nominee should be made by the next president. however, they said that they would meet with her when she goes up to capitol hill. but here's what the president said about where the republican party is last night a at campaign rally in newport, west
virginia. listen. >> oh we're going to fill it. don't worry about it. republicans have been very unified to say that very unified a couple of people that normally -- [silence] reporter: i'm not hearing. >> john roberts there and pause for a moment to let our fox stations join us right now. looking live at the white house you can see the attorney general has been seated. they'll be soon other members of the cabinet. and the rose garden is filled at this point. this is a huge moment for this president.
this is fox news coverage of president trump's supreme court nomination. i'm bret baier along ide shannon the president set to make announcement from the white house rose garden in just moments and here's the standing up multiple sources say nominate amy coney barrett of the 7th circuit court she will fill the seat vacated by justice ruth bader ginsburg who died last friday. shannon this is a big moment for this president. >> it is. a third supreme court nominee in just first term. is an incredible moment and it looks like we have our answer now. but appears to be judge amy coney barrett standing there on steps with president trump. ♪ ♪
court justice. [applause] this is my third such nomination after justice gorsuch and justice kavanaugh, and it is a very proud moment indeed. over the past week our nation has mourned the loss of a true american legend, justice ruth bader ginsburg was a legal giant and pioneer nor women. her extraordinary life and legally will inspire generations to come now we gather in the rose garden to continue our never-ending task of ensuring equal justice and preserving the impartial rule of law. today it is my honor to nominate one of our nation's most brilliant and gifted legal minds to the supreme court.
she is a woman of unparalleled achievement, towering intellect credential and unyielding loyalty to the constitution. judge amy coney barrett. [applause] we're also joined by amy's husband jesse, thank you jesse, very much. and their seven beautiful children congratulations to you all. very special day. with us as well are the first
lady, thank you, first lady. [laughter] [applause] along with vice president, mike pence, and his amazing wife, karen, thank you very much. [applause] judge barrett is a graduate of roads college university of notre dame, law school, at notre dame she had a full scholarship serve as executive editor of the law review. graduated first in her class, and received the law school's award for the best record of scholarship and achievement. upon graduation she became a clerk for judge lawrence soberman on the u.s. court of appeals for the district of columbia. amy then received one of the highest honors, a young girl could have serving as clerk on
the supreme court for justice antonin scalia. a highly -- [applause] a very highly respected law professor at notre dame wrote to justice scalia with a one sentence recommendation, amy coney is the best student i ever had. that's pretty good. justice scalia hired her shortly thereafter, and we are honored to have his wonderful wife maureen, where is maureen scalia -- with us today. [applause] thank you. and a great secretary of labor, thank you very much. thank you mr. secretary. [applause] very good genes in that family i
will say. very good genes before the bench at notre dame law school she was renowned for her scholarship, celebrated by colleagues and beloved by her students. three times she was selected at notre dame distinguished professor of the year. when i nominated judge barrett to serve on the u.s. court of appeals for the 7th circuit, in 2017 every law clerk from her time at the supreme court endorsed her and endorsed her nomination writing, quote, we are democrats, republicans, and independents. yet we write to support the nomination of professor barrett to be a circuit judge, professor barrett is a woman of remarkable intellect and care and qualified for the job and i can tell you i had that too, i looked and i studied and you are qualified for this job.
you are going to be fantastic. thank you. really fantastic. [applause] the entire notre dame office and faculty, everybody, everybody at that school also we've got so many letters wrote so many letters nomination to the 7th circuit. they wrote, in effect, despite our differences, we unanimously agree that our constitutional system depends upon an independent judiciary staff by talented people, devoted to the fair and impartial administration of the rule of law and we unanimously agree that amy is such a person. for the last three years, judge barrett has served with immense distinction on the federal judge she's more than a stellar judge but profoundly devoted mother. her family is a core part of who
amy is. she opened her home and her heart and adopted two beautiful children from haiti. her incredible bond with her youngest child a son with down syndrome is a true inspiration. if confirmed justice barrett will make history as the first mother of school age children ever to serve on the u.s. supreme court. [inaudible conversations] [applause] children, emma vivian thomas, john peter, liam, jouleet and
benjamin thank you for sharing your beautiful mom with our country. thank you very much. [applause] amy coney barrett will decide cases based on the text of the constitution as written. as amy has said being a judge takes courage. you're not there to decide cases as you may prefer you are there to do your duty and to follow the law wherever it may take you. that is exactly what judge barrett will do on the u.s. supreme court. i want to thank the members of the senate. we have so many of them here today. thank you very much. i see you in the audience and you're so proud. but i want to thank you for your commitment and to providing a fair and timely hearing. i know it will be that. judge barrett was confirmed to the circuit court three years ago by a bipartisan vote. her qualifications are
unsurpassed. unsurpassed and her record is beyond reproach. this should be a straightforward and prompt confirmation, should be very easy, good luck. it's going to be very quick. i'm sure it will be extremely noncontroversial. we said that the last time, didn't we? well thank you all very much. and thank you for being here. that's really good. thank you. thank you. [applause] further urge all members of the other side of the aisle to provide judge barrett with respectful and dignified hearing that she deserves and frankly that our country deserves. i urge lawmakers and members of the media to refrain from personal or partisan attacks, and stakes for our country are incredibly high. rulings that the supreme court will issue and the coming years will decide the survival of our second amendment.
our religious liberty, our public safety, and so much more. to maintain security, liberty, and prosperity we must preserve our priceless heritage of a nation of laws, and there's no one better to do that than amy coney barrett. law and order is the foundation of the american system of justice. no matter the issue, no matter the case before her, i am supremely confident that judge barrett will issue rulings based solely upon a fair reading of the law. she will defend the sacred principle of equal justice for citizens of every race, color, religion and creed. congratulations, again, to judge barrett. i know that you will make our country very, very proud. please, amy, say a few words. thank you very much. congratulations. congratulations.
[applause] >> thank you very much, mr. president. i am deeply honored by the confidence that you have placed in me and i'm so grateful to you and the first lady, to the vice president and the second lady, and to so many others here for your kindness on this rather overwhelming occasion. i fully understand that this is a momentous decision for a president and if the senate does need the honor of confirming me, i pledge to discharge responsibilities of this job to the very best of my ability. i love the united states, and i love the united states'
constitution. i'm truly -- [applause] i'm truly humbled by the prospect of serving on the supreme court. should i be confirmed, i will be mindful of who came before me. the flag of the united states is still flying at half-staff in memory of justice ruth bader ginsburg to mark the end of a great american life. justice ginsburg began her career at a time when women were not welcome in the legal profession. but she not only broke dealings she smashed them. for that, she has won the admiration of women across the country and indeed, all over the world. [applause] she was a woman of enormous
talent and consequence, and her life of public service serves as an example to us all. particularly, poig assistant to me was long and deep freud with justice antonin scalia my own mentor. justice scalia and ginsburg disagreed fiercely in print without rank or in person. their ability to maintain a warm and rich friendship despite their differences even inspired in opera. these two great americans demonstrated that arguments even about matters of great consequence need not destroy affection. and both my personal and professional relationship, i strive to meet that standard. i was lucky enough to clerk for justice scalia. and given his incallkuable influence on my life i'm having
his dear wife here maureen. i clerked for justice scaling ya more than 20 year ago but lessons i learned still resonate. highs judicial philosophy is mine too. a judge must apply the law as written. judges is not policymakers and they must be resolute in setting aside any policy views they might hold. the president has asked me to become the 9th justice as it happens, i'm used to being in a group of nine, my family. our family includes me, my husband jesse, emma vivian tess, peter, liam, jouleet and benjamin. vivian and john peter president said were born in haiti and they came to us five years apart when they were very young. and the most revealing fact about benjamin our youngest is
that his brothers and sisters unreservively identify him as favorite sibling our children, obviously, make our life very full. while i am a judge, i am better known back home as a room parent, carpool driver, and birthday party planner. when schools went remote last spring, i tried on another hat jesse and i came coparent of the learning academy and list of enroll students was a very long one. our children are my greatest joy even though they deprive me of any reasonable amount of sleep. i couldn't manage this very full life without the unwaiverring support of my husband, jesse. at the start of our marriage, i imagine that we would run our household as partners. as it is turned out, jesse does far more than his share of the work. to my chagrin i learn dinner
recently my children consider him to be the better cook. for 21 years jesse has asked me every single morning what he can do for me that day. and, though, i almost always say nothing, he still find ways to take things off my plate. and that's not because he has a lot of free time. he has a busy law practice. it is because he's a superb generous husband and i'm very fortunate. jesse -- [applause] jesse and i have a life full of relationships, not only with our children, but with siblings, friends, and fearless baby-sitters won of one with us today i'm grateful toll my parents mike and about linda coney. i spent the bulk of, i have
spent bulk of my childhood midwesterner and i grew up in a new orleans home and as brothers and sisters can also attest mom and dad's generosity extends not only to us. but to more people than any of us could count. they are an inspiration. it is important at a moment like this to knowledge family and friends. but this inc. i also want to acknowledge you, my fellow americans. the president has nominated me to serve on the united states supreme court. and that institution belongs to all of us. if confirmed, i would not assume that role for the sake of those in my own circle and certainly not for my own sake. i would assume this role to serve you. i would discharge the judicial oath, which requires me to administer justice without respect to person.
to equal rights, to the poor and rich, and faithfully and impartially discharge my duties under the united states constitution. i have no illusions that the road ahead of me will be easy either for the short-term or the long haul. i never imagined that i would find myself in this position. but now that i am, i assure you that i will meet the challenge with both humility and courage. members of the united states senate, i look forward to working with you during the confirmation process. and i will do my very best to demonstrate that i'm worthy of your support. thank you. [applause]
come on up, family. come on up. >> i want to acknowledge attorney general bill barr, bill thank you very much for being here. chief of staff, thank you very much. chief doing a great job. and all of the senators, please, we really appreciate it. and i know you're going to have a busy couple of weeks. but i think it's going to be easier than you might think. so thank you very much for being here. thank you all. thank you all. very much, thank you. congratulations, amy. ♪ >> president trump with his third nomination to the u.s. supreme court, judge amy coney barrett, calling her a woman of unparalleled achievement,
towering intellect credential and unyielding loyalty to the constitution. she a mother of 7 said that her ideology and thinking lines up with her mentor, the late justice antonin scalia if confirmed she will change the supreme court by confirmation process will start in just days upon capitol hill. please stay tuned to fox news channel and this fox station for continuing coverage of this story. i'm bret baier from washington, good afternoon. >> continuing our coverage here on fox, shannon that was quite a ceremony it was interesting to see the president lay out all of her history obviously all of her accomplishments. but also kind of say to senate you don't have the numbers. this is going to happen whether you like it or not. >> yeah. kind of giving them a signal and he even joked about let's have a
smooth and easy process we thought we were going to get that last time that, obviously, was justice kavanaugh which was anything but smooth. this is a very different situation in so many respect bus he's asking them as you said to move forward, expeditiously and without a serious objection to her there's no way democrats do that it is an election year, of course, they're going to throw up any road blocks they can as as we've talked about not a lot of procedural tools that they have at this point in their tool box, bret. bret: you know, this event, her speaking, talking about her family and such personal terms, she's done that before in confirmation hearings, for the th circuit of the appeals. she's been in the hopper considering, considered for some time. but to see it in this event at this moment, so close to an election, it is going to be tough for democrats shannon, to attack her, obviously, come after a number of different opinions that she's written.
but as far as her as a person, a mother of 7, possibly being on this court, that will be difficult. >> yes. especially as you, you know we talked about the fact that there are people who are on the liberal end of the spuk trum who say listen i don't wish she was replacing justice ginsburg but she's qualified and remember when she was up for the seat in 2017 up to circuit court that all of the former justice who is serve with her signed off on that letter saying we are democrats we are independents, republicans not one of us objects to her because she know she's qualified for the seat so let's bring back in our legal panel. judge andrew napolitano and with us and tried to strike the right tone immediately out of the gate said who i know who i'm following praised the life of justice ginsburg and talked about friendship they have. she saw it first hand because she worked for justice scalia and she'll pursue this with humility and courage i think she's going to need both, judge.
>> you're right she's going to need both, and let me start by reviewing my bias. i'm staunch supporter of judge barrett graduates of same high school and generation ahead of her. we have many, many knew chill friends and i don't know of him that doesn't have a highest regard for her one of the things that they love about her which you pointed out is her humility as intelligent as she is she doesn't attack people. she attacks ideas. and that humility is almost irresistible that ire resistibility will be a profound weapon she will use when trying to mold a majority on the supreme court. i think she's going to fit in just perfectly. for the president, this is a moment of triumph. she has wanted to do this cement a conservative majority on the supreme court of the united states since before he was president. he has finally achieved that and
it is unique that history is given him this hand to play to fill three seats in his first term. jimmy carter didn't get to appoint a single justice. donald trump is running for reelection and so far has three. bret: in six minutes after she appeared walking out in the rose garden, senate minority leader chuck schumer sent out a statement, this is even before she spoke. in which he says that the court, the nomination will change the dynamics of the supreme court for more than a generation. and lives of millions of americans are at stake and then at the end of the statement, andy, chuck schumer says join us, please donate, right now. i mean, this is right as this is happening. this donation call came out from the democrats. >> yeah. well, you know, maybe that's as good as it gets right. i really think that dynamics of this particular confirmation battle do not work out as well to the democrats as the kavanaugh thing did.
and in particular the fact we're so close to the election, and vice president biden is running on a sort of a platform where he is the reasonable mainstream center of the democratic party that can keep the extremist at bay and in line. i think senator harris has to sort of be on that script as well. and if they go wild and crazy like they did the last time, they know the stakes are they may actually get president trump reelected. so i just think politically it doesn't square up well for them and with this particular nominee, it would be very difficult to do that kind of -- it's not that it's impossible. or that maybe some people won't try. but you know, look she's somebody that they just confirmed. three years ago, she's got an impeccable record admiration of people who are her ideological adversaries perhaps but respect
her -- humility and her courage as the struck at the end of her statement. admire that about her and that's why i think she'll be exquisite justice of the supreme court. >> i thought it was interesting that she seemed to take head-on some of the criticism she's part of a religious sect that puts men in the charge and not independent thoughts of her own and interesting how her husband asks her what can i do to make your day easier i almost always say nothing but he find a way and she said it is not because he's got free time on his handle but a busy law practice of his own. we've got 7 kids but he's in honorable superb husband. so judge sounds like she's going right off -- at those who would say she's in some kind of unusual marriage and which not equal partner with him and seem to say that's where we are but he ends up doing more than i do. >> i don't know i had a similar thought. shannon, as she was saying that. i'm sure that the white house speech writers and spoke to her
about what she was going say before she actually reduced it to writing. because that is something, you know, we know what senator feinstein from california did last time i would be surprised if they go there again but if they do judge barrett has already laid down the gauntlet. bret: thank you judge napolitano judge barrett nomination set to kick off fast and bitter confirmation battle. could this process sway voters in the final weeks before the election, more on that, coming up. hope is the light in all of us that cannot be extinguished. to stir that fire, university of phoenix
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enbrel may lower your ability to fight infections. serious sometimes fatal events including infections, tuberculosis, lymphoma, other cancers, nervous system and blood disorders and allergic reactions have occurred. tell your doctor if you've been someplace where fungal infections are common. or if you're prone to infections, have cuts or sores have had hepatitis b, have been treated for heart failure or if you have persistent fever, bruising, bleeding or paleness. don't start enbrel if you have an infection like the flu. visit enbrel.com to see how your joint damage could progress. enbrel fda approved for over 20 years. >> breaking new reaction as president trump announces amy coney barrett as his supreme court nominee congressional correspondent live on capitol hill. chad a flurry of releasing from all over the hill both sides of the aisle. what are you hearing? >> let me start with senator leader mitch mcconnell he says
they'll consider nominee in coming week he did not give a specific timetable trying to do this before the election. he said that barrett deserves a fair process. i hope that all 100 senators will treat this with dignity. now in the other side of the aisle senator minority leader chuck schumer saying vote for amy coney barrett is vote to strike down the affordable care act what schumer is doing there is pivoting into election year politics. issue of obamacare that resonates pretty well with voters and chuck schumer trying to say look you know this is a challenge to amy coney barrett is confirmed he also says that trump and mcdonnell are doing what no senate has done rushing to fill the seat so close to election and we have a statement from lindsey graham the republican senator, from south carolina, he, of course, is the chair of the judiciary committee and he will oversee this confirms process. and he says, quote, i'm very committed to ensuring nominee gets a challenging, fair and respectful hearing. so still, republicans are saying, step on the gas pedal
democrats are saying tap brakes but senate leader mitch mcconnell is defending this rapid process. listen. >> many supreme court vacancies have been dealt with in a shorter time frame than the time frame between now and the election, or the time frame between now and end of this senate which is at the end of this calendar year. there's nothing extraordinary about the situation. >> now senate familiar with amy coney barrett, it confirmed her three years ago for the federal bench in illinois with little democratic support. >> i think whatever religion is, it has its own dogma, the dogma lives loudly within you. >> i don't buy this robot approach that it's just so easy. you push the law and facts and one side and the opinion comes out the other side. >> supreme court hearings can devolve into a spectacle consider the hearing with
justice clarence thomas in 1991 after professor anita hill made sexual harassment allegations and charge levels against brett kavanaugh two years ago and to be clear bret the entire kisms process is going to be infused with politics coming so close to the election. you know you have kamala harris who is a member of the senate judiciary committee lindsey graham facing reelection bid in south carolina he'll be front and center sharing hearings here you have tom from north carolina and john cornyn also members of the committee, and they are facing challenging reelection bids too. back to you. >> quickly chad democrats do some things to just slow things up, throw some road blocks here or there and with not only majority on the committee 1210 and numbers? the sphul senate you can't do much and it can be squashed. >> there are tactics to slow things down but as i say it is about math it's about the math it's about the math. they have the minimum to confirm
this nominee with 51 votes, bret. bret: all right chad, thank you. >> all right mr. president coming six weeks before election day could help galvanize base or energize for opponent joe biden susan is chief correspondent for the washington examiner, ford jr. from tennessee. and scott is host of the benson show and a fox news contradict tore welcome to all of you. >> hey shannon. >> so for a lot of people today this is first time they're hearing or seeing judge barrett. if you haven't tracked her like we do inside the beltway so i want to play a little bit of something that she said today about the man she clerked for on the supreme court. his philosophy and hers. >> clerk for justice scalia more than 20 years ago. but the lessons i learned still resonate. his judicial philosophy is mine too. a judge must apply the law as
written. judges are not policymakers. and they must be resolute and setting aside any policy views they might hold. >> guy that's the exact kind of nominee the president said he put up for the seat. >> yeah. i mean, this is a day that millions of conservatives around the country have been waiting for. frankly for decades. now, three supreme court nominees for this president in just one term all absolutely superb regardless of what happens in upcoming election this will be a huge part of trump's legacy. and i'm glad that you play clip that you did. because judge barrett today opened up i think with a stirring lovely tribute to ruth bader ginsburg the late justice then she transition to talking about that famous friendship between the department of justice and justice scalia who passed away in 2016. they were on opposite side of the ideological spectrum got along very well and she focus on justice scalia and said what she said.
there's no hiding the football here. she said my judicial philosophy is antonin scalia judicial philosophy and implication of what that means what this would signify in terms of shifting of the court is quite clear. >> understanding the shift in fact court, harold let's talk politics for a second. you know, where do you think democrats are on this? joe biden and kamala harris have not talked about this vacancy that much on the trail over recent days. obviously, judge, amy coney barrett has a number of things. she's from the med west. she's a mother of seven. she's catholic. is there a tiptoe in the democrats have to do here in this process? >> first, thanks for having me on and congratulations to judge barrett and her family. i've been watching this show, you guys had senator cotton on earlier you bret asked him about polling which said that 58% of americans wish that we would wait until after the election
for this election to be made and if president trump is to be reelected, my assumption that 58% could say the president should choose and joe biden lengted he should choose who he wants there's no doubt that democrats are deeply concerned about health care and particularly the affordable care act. and i believe judge barrett who attended college, graduated college from my old congressional district at road college has strong views there. the unusual nature of this nomination and timing of it, means that she will likely be asked about unusual things unusually probed, closely probed by due process, abortion, health care, business, big business plays with consumers those are rightful things pleased to hear senator graham say would be challenging fair hearing. i hope democrats take full advantage of asking all of the obvious questions, and some of the tough questions as well. >> is this quickly, there's been an enthusiasm gap among vote
ergs and voters he hopes to attract is this, though, going to light their fire because they're losing seat of a liberal icon. >> oh it will galvanize the left and base that already is. you saw the e-mail from chuck schumer. raising trying to raise moneyen off of this donate now. >> the republicans strategy at this point because they have such limited ability to control things in the senate. the senate, the democrats have only very limited power they can delay things by week or so here or there and what they'll try to do is galvanize to talk about what they'll do if they're in the majority. that includes eliminating filibuster and expanding the court. >> those conversations are ongoing. okay suzanne harold ford jr. and guy thank you all for joining us. >> you bet. >> thank you. >> congress is divided on judge barrett her former clerk and colleagues are urging senate to swiftly confirm her to high court one of them joins us, next.
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bret: president trump nominating amy coney barrett to fill the supreme court vacancy former professor at notre dame law school, barrett has a set of 7th circuit court of appeals since 2017 joining us former law clerk for judge coney barrett. john thanks for being here. your thoughts on this day, and kind of tell the audience a little bit about your former boss. >> hi bret thanks for having me and it is quite remarkable to be here not only for me but for our country wales. as we heard from the president we heard from judge barrett she's a brilliant courageous and fair judge also someone who holds an unrivaled sense of humanity and great sense of humor from anyone who knows her we attest to that and make a great supreme court justice. >> so much of being a supreme court justice you have a family of nine, very tight insular, but
they have to persuade each other and eve this to write and argue in a way to bring additional votes to their side. how is she behind the scenes as a persuasive jurist? >> there is no one like her. her opinion have been adopted bier survey courts and convinced on 7th circuit to adopt opinions clearly through reasoning and her clear thinking, and writing. she spoke earlier about justice scalia relationship with justice ginsburg and that type of civility and relationship that she's had with others is exactly what she would bring to the supreme court. >> john, if confirmed, the judge would become first mother with school aged children. ever to sit on the supreme court, we can see how much her family means to her she lights up. but you have an inside perspective to that. >> judge barrett's commitment to the law is a rival only by her commitment to her family. i just think remember in time when is i served as law clerk
seeing her youngest daughter playing at her feet and barrett confirm most elegant pro and important opinions to release the very next day as a dedicated mother and also dedicated to our constitution. she'll be a fantastic justice. >> really quickly john she has a good sense of humor. >> i think she's got a wonderful sense of humor self-and any moment i can to with her and many other hats she wears mother of seven. federal court judge, mentor, wife, community volunteer, but she take it is all in stride with uncommon grace and someone that will be a fantastic justice on a supreme court. >> she might be tough to beat in that confirmation hearing because she drives that minivan with 7 kids. that's skill. john thank you. >> thanks very much. >> once and not again. [laughter] >> all right. john thank you so much. we'll be right back with
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long after president bush is gone. long after president reagan administration is forgotten. if they live god willing live as long as the average age of the court now, be making land mark decisions in the year 2020. i'll be dead and gone in all probability. >> well senator joe biden back in 1991 saying he would be dead and gone by 2020 in all probability but no he's running for president as the democratic nominee there he was talking about justice souter and impact on the court in the long-term that's the point democrats are all making shannon in fund raising e-mails that are going out really by the minute here after the nomination of judge amy coney barrett. >> yeah. i was interested to see the e-mail from senator mansion one who democrats voted for 7th circuit and today his e-mail
confirming he doesn't think they should vote for anyone before the election so he's not going to vote for her or anyone else if it comes before election day and give her a fair shot and go through her record to examine her for the seat like any supreme court justice nominee. >> president trump is going to return to pennsylvania, following this supreme court announcement he's scheduled to hold a great american comeback rally in the state that played a key role in his upset victory in 2016. and there you attack a live look, but that does it for us for this day a historic day, with this nomination shannon always fun to be with you. >> you as well, bret. that's it for us "fox report" with jon scott, coming up next. to help manage blood sugar levels. it provides 60% more protein than the leading diabetes nutrition shake. try boost glucose control.
fox news alert, president trump she is officially nominated amy coney barrett for the supreme court to replace ruth bader ginsburg. good evening. i'm jon scott and this is a special to our fox report. ♪ president trump making the highly anticipated announcement about an hour ago from the white house. judge amy coney barrett, favorite candidate among conservatives has long been considered the likely picked for the seat. if confirmed by the senate, the 48-year-old judge the seventh court of appeals will become president trump's third appointee to the supreme court and onl t