Skip to main content

tv   The Rachel Maddow Show  MSNBC  September 18, 2020 6:00pm-7:00pm PDT

6:00 pm
deal at all. we have to keep our eyes on all of that. this is going to energize voters and women in particular. >> vanita gupta and rebecca, you are both joining us on a short notice on an extremely sad, shocking head-spinning night thank you for joining us that's "all in," "the rachel maddow show" starts right now. >> chris, i have been watching you, i am compelled and it is beyond my means to not ask you what you think and what do you think will happen next >> i think -- i don't think mcconnell obviously can hold the caucus together for a vote in the next 45 days i think murkowski will send a
6:01 pm
clear signal i think there is a little bit of different calculation and mcconnell will take their vote >> does it happen in the next 45 days or does it happen in the lame duck? i don't know if they can get it done the next 45 days. the confirmation after donald trump loses would be one of the most -- i can imagine but also completely within mcconnell's ability. that's where i am right now. i think the future is unwritten and anyone tells you they know what's going to happen is wrong. we are utterly in unchartered territory. >> yes, we have been in unchartered territory since justice scalia died and the republicans reacted the way they did to that. that broke everything in terms
6:02 pm
of how these things work that humility you just expressed there in terms of the future being unwritten is a smartest thing i have heard anybody says. you did such a great job on the breaking news. thank you. ruth bader ginsburg has left us at the age of 87. we'll talk about the course of her life and her career. we'll talk with a number of people who covered her career more than 40 years as a judge and a justice who know about her impact on the law and we are going to talk about the striking news that in her last days on earth she dictated a statement to her granddaughter saying that, it was her wish that she not be replaced until there is a new president. we'll talk about all of that tonight. we'll speak first with someone who may have asked to join us on short notice i am grateful she's been able to
6:03 pm
get to us. former secretary of state, former u.s. presidential candidate, hillary clinton thank you for being here, i know it is a short notice >> thank you, rachel, it is a really sad night i know it is sad for people who followed justice ginsburg but i hope every american knows that she was historic and courageous person who moved our country forward in all the right way >> when it came to choice to put her at the supreme court, there has been so many good stories to tell and your husband appointed her. she was 13 years into that ten year she was not expected to be a front runner for the supreme court seat until she had her interview at the white house
6:04 pm
where she hit it out of the park and there was no chance she was not going to get that seat she went on to be confirmed by an overwhelming margin over 90 votes to put her on the court. can you talk about the importance of her getting that seat, only the second woman every to get a supreme court justice at the time she was appointe appointed. >> i had known ruth for a number of years going back into the 1980s but more than knowing her from afar and admiring her personally, i knew of her work when the opening occurred and everyone was milwaukeeiaking he said to my husband, someone, you should definitely look at is judge ruth bader ginsburg. of course, he heard of her and
6:05 pm
he met her casually but it was exactly as you described it. i was quite enthusiastic about her potential nomination, i thought she was a historic figure she made a huge difference in the law and first lawyer on the circuit court. when she came to be interviewed, she was told that it would be kind of a casual interview on a sunday afternoon to not let anybody know because those things have to be kept home until the decision is made when she came in, bill knew that she was coming he got out of his sort of the sunday football watching clothes and put on a suit and tie, she came in casually dressed and at first she was embarrassed about coming to the white house and seeing the president which she
6:06 pm
was not properly attire but they just hit it off. they had an extraordinary conversation bill had taught constitutional law years before, they just dove into the constitution and the role of the court in a way i wish could have been seen by the entire country it was a master class. >> we are showing pictures of you and justice ginsburg together it was around the time of mayor garland's nomination they got along and they enjoyed each other's opinions. when justice scalia died, the justices made the opinion not
6:07 pm
allowing president obama to elect a nominee to be considered in the senate. we ended up with justice gorsuch. a lot of the emotion was in part that the republicans and mitch mcconnell had done something that really did feel like broke the system, just a small antidemocratic assault on the process. it felt like a feminist catastrophe and you not becoming the first woman -- but for the court to go that much further to the right and for us all to be praying for justice ginsburg's health in the way we had before because of the balance of the court. it feels mixed together with so much emotions beyond the politics here. i have to ask if you feel any of
6:08 pm
that yourself or if you are too close to it to see it in some other way. >> no, just devastating. just losing her is a massive hole in -- my young adulthood and becoming a lawyer and practicing and looking up to her and following her career but much more than that. it is such a devastating loss for justice and equality what ruth bader gunsbuinsburg da to make it abundantly clear that a constitution has to be interpreted as providing for the equal rights of men and women. she was extremely clever in the
6:09 pm
way she began her litigation mark she brought cases on behalf of men. she understood that, you know, there were certain assumptions in the law that favored or disfavored men as well as women and she had the brilliant insights that she could demonstrate the lack of equality under law for women by litigating on behalf of men. i am not sure many other people would really understood that now with her loss, it is not only a personal loss but it is a real threat to the steady progress that we need continue this is the hundredths year of the anniversary of women getting
6:10 pm
the right to vote. it took, you know, many more years before there were legislatives protection for women of color and we are still fighting those battles ruth understood this you know her great gift was not only as a brilliant lawyer and litigator and judge, but she was such a warm and understanding human being and she really felt the loss of respect and right, not just her client bs but wome and really anyone who appears before her and any form could feel she felt compel to try to remedy i want to say quickly to our reference of justice scalia.
6:11 pm
of course, he and ruth were great friends. people talking about scalia was someone who was trying to figure out what the founders thought. i often wondered during that time with mitch mcconnell was truly reeking havoc on our senate and our norms and values and i would argue on the underlying original intent of our constitutions and the founders that presidents have the right to appoint judges and fill vacancy, mitch mcconnell denied barack obama that right that set in motion a series of event that i think did great damage to the senate that can only be remedied by removing mitch mcconnell as the leader of the senate that has to happen in this
6:12 pm
election by getting a democratic senate majority but in the meantime the democrats who are in the senate will have to use every single possible maneuver that is available to them to make it clear that they are not going to permit mitch mcconnell to enact the greatest travesty that would arise from him attempting to fill this position so, in many ways is a terrible loss for us all. it is a reminder that she stood on the side of moving us towards a perfect union and underscoring equality and not just for women but for every american and i
6:13 pm
don't want to see that legacy ripped up by political hypocrisy coming from mitch mcconnell. >> monumental hypocrisy. with 11 months left in barack oba obama's term decided that president was not able to appoint someone to court i wonder if i can ask you specifically what you think can be done to try to stop that. when we saw what happened with mayor garland's decision, his nomination by president obama and republicans refusing to act on it, holding that seat open for more than 400 days, it was the longest the supreme court's seat been held open since the
6:14 pm
1860s. vice president biden and barack obama were out spoken out outrageous that was and how much they were against that in the in assuming four years, have you had any thoughts of what else can be done whether democrats or republicans who feel like institutionallists here, what they can do if mcconnell fill the seat? >> mitch mcconnell cares about nothing else but power of course he's going to do everything he can to fill that seat i think there are three possible approaches that should be considered i think there will be at least one or may be more republican
6:15 pm
senators who either from principles or conscious or political calculation find the hypocrisy to be more than they can bear and, it is reported and i don't know if it is actually accurate yet but it has been reported that at least one senator has said just that, fair is fair and i think to me if we have any hope of overcoming the divisiveness and atmosphere that currently infect our politics and unfortunately, has riddle our institutions like the senate with this kind of, you know, power over everything else, mentality, i hope that there will be several republican senators who say we are going to wait to see what happens with
6:16 pm
the election it will be up to whoever is president on january 20th. the second thing is there are senators running for officer right now who are in, who are republicans and who are closed or contested seats and their democratic poenopponents as wels the people in the press in their state needs to make this a mayor issue. are they going to totally demonstrate themselves as being without a shred of principle because they went along with mcconnell and refusing to move forward, president obama's nomination, are they going to apply a totally double standard here make a political issue because these are -- you know the state and you cover it, rachel so make
6:17 pm
it real or you make it painful for a lot of the republicans finally, you know, every possible procedural, obstacle has to be throne in the way of this power drive by mcconnell. there are things that can be done that needs to be done 24/7. i am sure chuck schumer and his leadership team is already looking and talking at it. having said all that, you know, i understand how i mper impervid reasonable mcconnell is. let's go down fighting and not give an inch in the face of the kind of hypocrisy that met
6:18 pm
president obama when he tried to fulfill his constitutional obligation to appoint mayor garland to the court >> one last question for you secretary clinton. on the second point you were making of the political pain and making that real here. a lot of people have said the republicans in particularly, the conservative movement have made the supreme court a voting issue for at least time of their base and that republicans, not necessarily more conservative or more moderate republicans but a slice of the republican voting base does vote on the base of prioritizing supreme court or supreme court appointments and while that's on the democratic side concerning of some an activists and donors, it is not something that the democratic party figure od out and turning into a motivating actor. do you think the democratic
6:19 pm
party can get better on that more than half a dozen states are already doing in-person voting todaytoday >> i certainly hope so, rachel it is worth every ounce of energy to try. during the 2016 campaign i raised numerous times and i twoewent to madison and wisconsin of what i thought of incredibly urgent speed of the future of the courts it is difficult to turn that into a voting issue on our side of the political ledger. i know that from firsthand experience this is a different set-up peop people's attention is focused on this election unlike anything we have ever seen let's hope it will drive the biggest turn out we ever had in
6:20 pm
this country i think democratic candidate led by joe biden and kamala harris can make this a voting issue because it is such a clear choice the comparison of what mcconnell did and how he disrupted, he will in contempt, the constitution and the principles and practices of the senate should give everybody some great talking point and the energy to deliver them in urgent, fierce way. when it comes down to it, how are we going to get the country back on the right track even far beyond politics and elections. if we allow people who care only about power and not principle and not practicality, and not evidence or not the future of the country.
6:21 pm
only about power to make the decision to not have, the only way to do that is to do everything possible to stall and stop whatever mcconnell pulls out of his hat to try to push this forward to have an overwhelming democratic victory from the top to the bottom of the ballot and basically just prevent the republican lame duck sessions from doing anything in the face of an overwhelming democratic majority victory. let's take it seriously and let everybody get to work to come up with the best tactics and strategies that we can possibly deploy to make it cloear to the country that it is not just women's equality it is everything on the line it is voting, it is corporate power. it is you go down the list everything that we care about on
6:22 pm
our side of the political divide is at stake in this election and the court is now at the top of the list >> former secretary of the senate, former senator and former first lady and hillary clinton or secretary clinton, it is a real honor to have you with us on this night of all night, secretary hillary clinton. thank you for being here >> thank you, rachel, bye. >> secretary clinton joins us by phone tonight. justice ginsburg has died at the age of 87. i will underscore of what secretary secretary hillary says there they held that seat open for 400 plus days and would not allow president obama's nominee to be
6:23 pm
considered they said it had to wait until after the election that's how we got justice gorsuch rather than president obama nominated mayor garland on the court in 2016. talking about republicans having done that with the last supreme court vacancy. hillary clinton telling me just moments ago every possible procedural obstacle must be thrown in the way by mitch mcconnell and expressing some optimism that there may be enough republicans who can't stomach this hypocrisy moving ahead to have trump naming the next nominee after what happened of the last election here. justice ginsburg was born on march, 1953. just a few days after fdr became president for the first time she was nominated to the federal
6:24 pm
court, nominated by the supreme court by president bill clinton. she became a pop culture, touch stone and phenomenal, notorious r. r.b.g. under president obama and trump. ruth bader ginsburg was a force behind those many changes. she was rejected by the supreme court because of her gender. she embarked for women's legal rights and equality. she became the first female of columbia law school. she founded the women's rights project at the aclu. she successfully convinced that court for the first time to strike down a state law because
6:25 pm
it discriminated based on gender she once told npr that the words of the 14th amendment, equal protection claus nor shall any state deny to any person the equal. "when ginsburg began her crusade, women were treated differently than men." by the time she donned judicial robes, ginsburg had worked a revolution after that nomination to the supreme court from president
6:26 pm
clinton, we just heard from fomfo former secretary of state, hillary clinton, she was confirmed to the supreme court in 1993. do you know what the confirmation vote was for her? it was 96-3. we have not done that in a long time she's the second woman confirmed to the court a strong one and a live liberal. in her later years, she was known for her fiery decent as the court turns further and further to the right in 2013 when the robert's court gutted the voting rights act times have changed the voting rights act have no longer needed. ginsburg famously wrote, throwing out that law is like
6:27 pm
throwing out your umbrella in a rainstorm because you are not getting wet. t "some of my favorite opinions are decenting opinions." she was a passionate oprah fan she appeared in one washington opera show she was close friends with scalia her husband marc, marty, died am in 2010.
6:28 pm
the day after he died, she was back at work she said that's what marty would have wanted. she served through three surgeries for different kinds of cancer, pancreatic cancer and lung cancer and recently she entered a superintendetent and t artery when they discovered a blocka blockage she never missed a day of work i can't imagine a woman who's been through all that was a size of a hummingbird her many admirers across the country. part of a shock tonight of everything she had been through, she felt like the rocket
6:29 pm
gibraltar. she's been through so much joining us now is discovertrevor morrison, who was clerk for ginsburg in 2003 mr. morrison, it is really nice to see you tonight, thank you for making your time, it is a sad night. >> good to see you rachel, i am sorry under these circumstances. >> absolutely. >> let me just ask what was it like working for her i know a lot of people have clerked for supreme court justices what was it like being a clerk for her? >> it was a tremendous honor she had many clerks over the years. we all felt like part of an extended family. having been honored to have the incredible experience of working for justice ginsburg she set the highest possible standards in terms of her dedication to the law and to
6:30 pm
getting things right in the decisions the court was making and so she really provided a role model for all of us in terms of excellence and dedication to the rules of law and equality and liberty justice. she was soft spoken, not an extrove extrovert. with her husband, marty, she was the quieter one. she really cared evenly for all of us and our families she became apart of that exte extended family as well. when another daughter was born, i had -- she would send to every clerk the shirt that says r.b.g.
6:31 pm
it reflected the warmth and she was our extended family of what it meant to be a clerk for the justice. >> she had -- i think the count is 159 law clerks overall the years she was in the bench in the d.c. circuit and the u.s. supreme court. that's a large community and that tension to that community that you just described, the grand clerk onesie is a great story. i wonder for those of you in that community, somebody doing her research and close work with the justice that you do in that unique circumstances of being somebody's clerk what have you made over the years sort of this folklore around her her notorious r.b.g., not just a justice of the supreme court but as icon. we have been showing these
6:32 pm
images and of the people gathering tonight at the supreme court having heard the news of her passing. i wonder how that match up this larger than life persona >> i clerked for her in 2002 and 2003 at that point she had been clerk for many years i revered her and regarded her as a true hero. that was already true and entirely warranted and with the massive impact she already had with the law if you told me in 2002 that she would become known as notorious r.b.g., i would believe that she became such a figure to new
6:33 pm
generati generations of young people. my oldest daughter is 19 and met justice ginsburg and i think justice ginsburg was a true hero for both of my daughters of this cultural figure that emerged it is one that she embraced that she was notorious r.b.g. and she said original she shared the same package from brooklyn >> trevor morrison, clerk for justice ginsburg in 2002 and 2003 trevor, thank you so much for being with us. i know it is a different cuicul
6:34 pm
for you. we have been watching scenes of the united states building in washington where people are convening spontaneously having heard the news about justice ginsburg passing stuff like that does not happen very often with politics but that's a live shot tonight joining us now is nina totenburg, nina covers justice ginsburg but also a friend to the justice. thank you so much for making time i know you knew you would get these calls to pass on the night of justice's passing >> we were over there today and she was still alive, i was bringing some food i knew this day was coming, i would say a couple of weeks but only a couple of weeks at the
6:35 pm
most she was ferocious. she was not giving up. if she could have lasted longer, she would have lasted longer she dictated this note to her granddaughter just a few days before she died. she said my wish, i am paraphrasing it >> my wish is that ill n will ne replaced until a new president is installed >> she was first and foremost
6:36 pm
delivered her life to the court. she disappointed progressives of the idea of adding justices to make up for some republican shenanigans and what progressives deemed packing the court. she thought it was a bad idea. and that's not her idea of the supreme court. i think she really did want to last until this election was over and the next president whether it was donald trump or joe biden was installed. there is no doubt who were preference was it was important that it is not at the last minute there will be a monumental fight over this. the republicans already said
6:37 pm
there will be a vote on the floor on her successor we don't know who'll it will be from president trump we don't know how this is going to play out politically. you can make an argument that it will serve republicans energizing their base but it could serve democrats to energize theirs, too it will be a difficult boat for some republicans who hard fought campaigns at the moment. it will be interesting >> we have on that point, we have some reporting tonight about some statements by senators in terms of whether or not they're going to be willing to entertain a trump nominee or whether they're going to try to hold to the same standard that held in 2016 when the republicans would not allow president obama's nominee to be considered a lot of people are circulating tonight. the quote from lindsey graham
6:38 pm
from 2018 in october of 2018 if the opening comes in the last year of trump's term and the primary started, we'll wait until the next election. hold the tape meaning hold me to it jonathan martin from the "times" reporting that susan collins, she would not vote for a supreme court in october i think that's too close she says "we ha, we have seen sr murkowski say they did not police chief the party 2016 standard should be violated bide approaching this in a different way. that gets you to forward republican senators if they hold to those lines i imagine and i guess the way i see it that once the heat is brought to bear, i don't expect many of them to stand up to it
6:39 pm
how do you think it will play out? >> like you i tend to think what we have seen from republicans that they need trump as much as he needs them. therefore, i am not sure but i am not optimistic that what she wanted, her wish will take place but she she never knnever know i didn't think senator mcconnell can hold the line of having hearings for president obama's nominee for ten months but, he did. i was surprised by that. i don't want to make any wild prognosis here she has hoped to retire in 2060. she had hoped that she was going to retire and have the first
6:40 pm
female president that did not turn out to be - that was not the deck of cards she got dealt. and as a result as i have said a couple of times already today in the years i would say over the years and even going back to the early 2000s after her colon cancer, she could teach an nfl defensive end a lot about playing hurt broken ribs, different cancers at different times, chemo, radiations and shingles. you name it. she endured it without complaints only if you knew her very well, i remember i was interviewing her once and i had no idea she was going to have lung cancer surgery that week. i was interviewing in new york,
6:41 pm
and i looked into her eyes and she looked so tired. i thought to myself, this is not supposed to be a long interview, i am going to cut it shorter i had no idea what was going on. and you know she was just -- she taught me a lot about how to live all these people saying she was very quiet, for example. she was very quiet and shy, unless she was on stage whether she was giving a speech or going for an interview with president clinton. i remember her aid said to me, he fell for her hook line and sinker she understood how to perform when she needed to perform that was true whether she was announcing an opinion for the court the day after her husband
6:42 pm
died or whether she was announcing a decent in something she fell incredibly passionately about or whether she was giving a speech to a small group of school children. she was a performer. >> nina, a friend of justice ginsburg, somebody that covered her over her career. it is an honor to have you with us thank you for making the time to be here. i really appreciate it >> thank you for having me >> we are dpoigoing to go live delaware for former vice president joe biden. >> in the decade since she has been absolutely consistently a
6:43 pm
voice for freedom of opportunity and for everyone she never failed she was fierce her opinions and her decent continues to shape the basis for law firms for generations. tonight and the coming days, we should focus on the loss of the justice and her enduring legacy. there is no doubt, let me be clear that voters should take the president and the president should take the justice for the senate to consider this was the position of republicans senate took in 2016,
6:44 pm
almost ten months ago of the election that's the position the united states senate must take today. the election is only 46 days off. the average is closer to 70 days and so, we should do this with focus consideration. that's my hope and expectation of what will happen. thank you all. thank you very much. >> vice president joe biden speaking live tonight in delaware saying he learned the death of ruth bader ginsburg if we can -- i am going to ask
6:45 pm
the control room here. if we can turn around and make sure if i get it right of the verbatim remark that joe biden made at the end there about voters picking the president and the president picking the supreme court nominee. i want to make sure i get that exactly because that'll end up being determining the important touch stone in terms of how democrats approach and what will now be a central issue for the election and for everything that happens in the country over the next 50 days in terms of how this is handled. we have been covering not only the sadness and the grief of the loss of justice ginsburg you see remarkable photo of people spontaneously turning up at the supreme court to mourn her passing. we don't have many physical touch stones that draw people out. people convening at the white house the night that president obama announced that osama bin
6:46 pm
laden had been killed, i was in washington that night and saw those remarkable scenes, there were not many other occasions to see something like that happening but to see many convening at the supreme court, it tells you something about justice ginsburg and about the importance of this moment of 46 days out from the election of her seat, of course it is now open and a president has to nominate somebody to fill the supreme court's vacancy. what looms is the decision made of february of 2016 when justice scalia, the conservative, leading light of the conservative wing died unexpectedly in texas and immediately even though there were 11 months left of the term of president obama at the time, 11 months left, it was february of 2016, republicans announced
6:47 pm
they would not consider any nominee put forward by president obama. instead they would hold that seat open for more than 400 days something that had not been done since the 1860s. they did not allow any process and held that seat open until after the election, president trump, was elected and january 2017, mayor garland's nomination expired. president trump nominated neo gorsuch, works for republicans now only four months left in this term for president trump, the republican leader, mitch mcconnell said there will be a vote on president trump's nominee for the seat despite the president himself said four years ago.
6:48 pm
there are a number of republican incumbent senators for whom that hypocrisy will be a choking hazard in terms of their own voters in terms of their own reelection hopes and their reputation lindsey graham, senator from south carolina facing up the hardest election battle of his life right now he says in 2018, having gone along with what mcconnell did in 2016 that if there is a vacancy in the last year of president obama's term, they would wait and he insists they wait until after the election for any nominee to be considered he said at the time that he would be the judicial chairman if he's going to eat those words and say i will forget it and i never had any principles in the beginning. maybe that's what politicians professionally do. politicians have a harder time
6:49 pm
doing that when they are facing a well-funded and well-skilled and incumbents pulling even with senator graham in south carolina i want to get this exactly we heard remarks from vice president biden, do you guys have this as taped or do i have the written verbatim of this >> okay, i am going to -- let's rerack this and play it then this is the end of joe biden's remark mo remark moments ago his reaction to justice ginsburg's passing and what should happen with regards to her seat >> let me be clear, voters should take the president, the president should pick the justice for the senate to consider this was the position of
6:50 pm
republicans senate took in 2016 when there were 10 month to go before the election. that's the position the united states senate must take today, and the election is only 46 days off. i think the fastest the fastestr confirmed was 47 days, and the average is closer to 70 days and, so, they should do this with full consideration and that is my open expectation of what will happen. thank you all. and i'm sorry. we heard about it on the plane ride but thank you so much. >> how did you find out tonight? >> vice president biden, the democratic nominee running against president trump right now saying the voter picks the president and the president should pick the justice for the senate to consider, saying that the republicans in the senate in 2016 took that position with almost ten months to go until an election, and that's the
6:51 pm
position the united states senate must take today the question of whether or not the republican leader of the senate, mitch mcconnell, will act hypocritically here and insist on president trump's nominee be heard, even though president obama's could not be heard, that is settled he has already said gleefully in public before this ever happened that of course he would move to fill a vacancy on the supreme court in an election year with president trump in office. now that justice gins burk has passed, he has put out a written statement affirming that, in fact, he will move to fill the seat he said in fact of his statement today that there will be a vote on the floor i want to bring now into the conversation somebody who is going to have a key role on how this happens moving forward. that's senator amy klobuchar she was a candidate for
6:52 pm
president this year. senator klobuchar, it is always nice to have you here. i'm sorry it is under such sad circumstances tonight. >> thank you, rachel and of course we mourn the loss of justice ginsburg. she was an icon. and you see these women and people showing up at the supreme court today because they loved her. and it's pretty hard to become a rock star in your 80s but she did with her famous name, the notorious rbg and then her famous work from being one of the first women to take on sex discrimination and landmark decisions because she argued before the supreme court and then she herself became the second woman to be appointed to the supreme court where she of course continued her fight for justice. and she is someone that made justice cool for so many young people in this country, and we all mourn her loss >> the pasng of justice
6:53 pm
ginsburg feels like a moment in american women's history as much as it feels like a moment in american history and obviously it is an incredibly important political history just because of its timing but also because a vacancy in the supreme court is a huge deal, particularly in a country that's poised on the edge of the abyss as this one feels like it is i spoke with secretary clinton about how justice ginsburg dying tonight feels very much intertwined with her hope that nina had just described to us moments ago, that she would be able to retire in 2016 because justice ginsburg hoped and believed that hillary clinton would win the 2016 election, and she wanted the first woman friend to pick her successor it comes a day after yet another woman has come forward and accused the president of the united states of sexual assault. it comes at a time when the
6:54 pm
first woman of color to be on the ticket as a vice presidential nominee, kamala harris, is up against president trump and vice president mike pence. it does feel like this is kind of a feminist crucible, this moment in history. and i think it's causing a lot of not just -- not just reaction but feelings among american women tonight in terms of what this means i just want to ask how that resonates with you. >> yes and i would add one more thing to this list it comes at a time when women are voting like never before, where joe biden is winning in a number of states, and i don't think people expected him to be able ahead in his state, but north carolina and nevada and arizona in addition to the midwest where he's getting stronger and stronger. in my state, she was just there today, incredible lead in the poll
6:55 pm
to me that shows us one thing, that people are voting they are getting out there, and this will bring them out in an unbelievable way in justice ginsburg's honor another thing i would add, the way she had friendships with people who had very different views than her on the court like justice scalia she was someone that believed in the institution of the court and in this process and in fair anes and i think for that reason alone, we should honor her fervent wish, that she will not be replaced until a new president is installed i thought it was interesting today when leader schumer came out very strongly just using the quote from mitch mcconnell that's all he sent out in addition to a tribute to justice ginsburg and this was mitch mcconnell's words. the american people should have a voice in the selection of their next supreme court justice. these were his words from back
6:56 pm
in 2016. therefore, this vacancy should not be filled until we have a new president. you already see republican senators like lisa murkowski coming out and saying the same thing. so i, regardless of what mitch mcconnell says tonight, rachel, each and every republican senator is going to have to look into their soul and look at the words that they said back then so i have today come to honor ruth bader ginsburg and what she stands for but what she stood was for justice and justice means allowing the american people to have a choice when they choose the next american president. >> senator klobuchar, on the judiciary committee, the republican senator now is senator lindsey graham he said if an opening comes up in the last year of president trump's term and the primary process has started, meaning the presidential primary process, we will wait until the next election, and i have a good chance of being a judiciary
6:57 pm
choir man at that time hold the time. he promised in 2018 if this happened in 2020, which is now, that we will wait until the next election until considering a new supreme court nominee. do you expect that senator graham will know that we held the tape and will hold himself to the standard that he's articulated? >> i think this is a major watershed moment in a time where people have lost trust in their elected officials. he better be true to his word. and i think all of america is watching right now and people remember this well when mitch mcconnell said to wait for the results of an election well, this is even closer. that was ten months. we have 46 days before this election and i just -- to me, this is going to be a moment it is not just what mitch mcconnell says in a statement or a tweet. it is what the american people
6:58 pm
say, and each one of our colleagues is going to have to make a moral reckoning with their words from the past on what they're going to do and i hope they think very carefully before they speak because they all, a number of them, really base their decision on the allowing the american people to have a voice, which is exactly what we want to do >> senator klobuchar, the experience with merrick garland -- actually, i note these are remarkable images we have on the screen here. we had to pull our camera back to see the crowd that has convened on the steps of the supreme court in washington. spontaneously people turning out to be there while hearing this news it is just a remarkable scene. but let me ask you about the experience of merrick garland's
6:59 pm
nomination being denied and ignored by republicans in 2016 when justice scalia died in february of that year. you and your fellow democrats, particularly on the judiciary committee, do you feel like you learned anything or you had any sort of, you know, spirit of the stairs regrets about things that you could have done to make that -- to make that happen the way that you wished it had? do you have plans for things that you can do to try to stop them filling this seat that maybe you hadn't considered doing four years ago >> well, first of all, i was there when merrick garland was nominated. i was there. and it was a beautiful moment. he would have been a great justice. and, you know, talking about the nuances of senator procedure tonight, i think there will be plenty of that going on. but today is the day we lost justice ginsburg and again i think the answer here is in my republican colleague's statements from the
7:00 pm
past the answer here is that ruth bader ginsburg was someone who stood for justice who was friends of justice scalia, made her fervent wish, her last wish, her last wish that the next president be able to choose her successor, not that anyone could ever really fill her shoes and as i look at those pictures of the people gathering on the court, rachel, i think about what she stood for she was a solitary female justice for so long. she was -- no one thought she could succeed in law school. first tenured professor. she went on to then take on those cases, argue before the supreme court when people wanted plan to take her place and then she ends up on the court and makes a decision in the virginia military case where she got republican appointed justices, including sandra day o'connor to join her in the decision that men should