mitch mcconnell said states should go bankrupt. he said we are going to hit the pause button on american families. we passed legislation as the chairman outlined that met the size of the need, that met the urgency and the need for action. while we acted, mitch mcconnell decided to wait and see. it is what it is as the president said. last week, they decided to scramble together a bill in the vernacular of d.c. called a skinny bill. what did it really mean? it meant zero in increasing food. one in 10 americans are struggling with o -- with hunger. it meant zero for rent relief as 40% of all renting households risk being removed from their homes. it meant cutting unemployment assistance in half as one in six americans cannot find work. burden ongreater working women in this country. it meant one third of the funding necessary to stabilize and save our childcare industry, which is fundamental to our recovery. once again, callous, indifference. we are not asking the senate to cave in. we are asking them to care about americans at home.

let me share a statement from the senate majority leader mitch mcconnell. he said this tonight in a statement, donald trump's nominee will receive a vote on the floor of the united states senate. chuck schumer tweeted a response, the american people should have a voice in the selection a next supreme court justice therefore this vacancy should not be filled until we have a new president. here is the former vice president, joe biden. >> tonight and in the coming days we should focus on the loss of the justice and her enduring legacy but there is no doubt, let me be clear, the voters should pick the president and the president should pick the justice for the senate to consider. this was the position of the republican senate in 2016 when there were almost 10 months to go before the election. that is the position the united states senate must take today. >> that is the real question. what will the senate do in the days ahead, but you hit the nail on the head, tonight is a night to honor her legacy, her memory, there will be time for speculation and very likely

gle gloria, did you hear mitch mcconnell's statement? he says point blank it's going to go up for a vote. >> i think donald trump, wants to get his name out there as quickly as possible. wouldn't surprise me if he nominated a woman to replace her. i think he wants to use this to get the base motivated. don't forget he had been losing a little bit of support from evangelical voters. he can say, look, i'm going to nominate someone who is prolife and this is important to me and of course it's important to mitch mcconnell, because judges have been his resondetre this past year. you have republicans who are in tight races or what if the senate changes hands. i mean, we just don't know how this will play out. i can guarantee you on both sides, this is going to be the base of both parties. why doesn't biden give his list. i'm wondering now whether this changes the calculation on that, and whether joe biden would feel the need to say this is the person i want on the court or whether he would hang back on that. i've texted a couple people, i don'

i mean, this has been a mission of mitch mcconnell for some time now. and he is faced with perhaps the holy grail of all holy grails from a supreme court standpoint, and that is to permanently lock in a conservative majority for a generation. potentially that is what is at stake now, obviously, you know, this is a night to remember, ruth bader ginsburg, for all of us who have little girls out there, ruth bader ginsburg is who you want your daughter to grow up to be like some day. and we will all remember her as being a pioneer and a champion for women. you can't other look what we are facing in the coming weeks. president trump is going to, make no mistake, exploit this as much as he can both politically and you know, for the sake of being able to pack the court and tilt the court in his direction in the republican party's direction for years to come. >> jim acosta, thank you very much. with me once again now, cnn's chief legal analyst jeffrey tubin and laura coates. good to see you both again. jeffrey, this is what mitch mcconnell said, this was in may

mitch mcconnell knows that. this is a potential political lifeline for the republicans up for re-election. what does that mean? that's why we're starting to hear that mcconnell may actually not hold a vote on the floor until after the election. you note his statement did not say he would commit to holding this vote before election day. that would mean this would still be a live issue going to the polls. martha mcsally and tom tillis. you have to send me back. the control of the court on is the line. that is his thinking here. the big picture reality is that moving forward this way is just incredibly combustible for a senate that is incredibly divided. you will remember ruth bader ginsburg was confirmed to the court with 93 yes votes back in the 1990s. this is how we used to do things. that has been slowly falling apart. it was really collapsed just in the last five to six years. merrick garland was a seminal moment. obama's nominee in the 2016 was under way and mcconnell refused to confirm him because it was an

senator and tell them not to listen to mitch mcconnell, not to be afraid of mitch mcconnell mitch mcconnell. >> and to mitch mcconnell, we need to tell him that he is playing with fire. >> tucker: we need to tell him that he is playing with fire. really? that's a threat. and on instagram, sandy cortez, america's most pampered revolutionary went ahead and suggested that democrats go further, maybe even embrace violence. watch. >> let this moment radicalize you. i don't care if you like him or not. this is not over. we win in november. i'm sorry to tell you you're not going back to brunch. that's not happening. >> tucker: we are not going back to brunch. so now you know what a freshman member of congress was doing sitting at the podium with the most powerful democrat in the senate. why would he choose sandy cortez? because sandy cortez doesn't represent a congressional district. no, her real role is as commander of the youth wing of the democratic party, the direct action wing, the thugs who have spent the last three and a half months destroying and in some cases killing on behalf of effectiv

but mitch mcconnell doesn't specify, one way or the other. ultimately, the question for him is whether he has the votes. it is a 53-47 republican majority, right now. he can't afford to lose more than three republican votes. if there -- if he loses four republican votes, then there will not be someone confirmed. and at the moment, there's several republicans who are concerned about moving forward before the election. that includes lisa murkowski of alaska. susan collins of maine. chuck grassley of iowa has even indicated some apprehension in the past about moving ahead before the election. and typically, timeframe for confirming a nominee takes between two to three months so it seems highly unlikely someone could get confirmed before november. now, after november, it's possible. but that calculus all gets really complicated if the republicans lose majority, if the president loses re-election to joe biden. and at that point, will republicans say, look, the voters spoke. the new majority needs to come in and confirm a nominee. that is, clearly,

that was -- that was mitch mcconnell. lindsey graham, you know, to read from him, he says, and i quote, if an opening comes in the last year of president trump's term in the primary process or process has started, we will wait until the next election and, so, i don't know. i think your wise words earlier in your program were really right. none of us know what's going to happen we know what should happen, resolutely, unequivocally. we know that this seat should not be filled until after the next presidential inauguration but i think you said it right where we just don't know and people who are trying to predict this, the question is really the levels of integrity of each and every senator, each and every republican colleague of mine who gives floor speech after floor speech to justify the blocking of merit garland, the denying barack obama of a choice, more than 250 i think between 250 and 300 days before the next election i heard their justifications on their floor. and, so, this is going to be a big test of integrity. an

mitch mcconnell said in 2016 so the people -- i think mitch mcconnell is in a tough place here it's tricky because if he pushes his members in tough races, people like lindsey graham, who has said he would not do this, and grassley, who's not in the race, but he's also said he wouldn't do it but you look at somebody like susan collins, or you look at somebody like cory gardner this is a tough, tough place to put them in, in this very short period of time before the election and i am not sure, like peter said i mean we're talking about whether or not mitch mcconnell thinks people need to be home campaigning and working on winning. even if he just gives them a week, they've only got like 37 days, 38 days. well, the quickest a supreme court justice has ever been confirmed in the history of our country is 47 days so this is really -- it's going to be very interesting but i have to just briefly tell my favorite ruth bader ginsburg story. my favorite night -- >> please, please. >> my favorite night in the senate was the night that the women of the supreme court gathered with the women of the sen

mcconnell whose priority, you've got these twin priorities, mitch mcconnell will be inclined to go along with a candidate like cory gardner and he might say let them say were not, like susan collins and say we don't want to do this and how we fall with that. you agree. >> that's why he's so far come out and say nobody make any statements locking yourself into a position. we need to have a conversation about how were going to handle this. but this is one of the things that mitch mcconnell has done most and done best is confirm conservative judges. this is what he does day in and day out so whatever's going to make sure that he can appoint more conservative judges, that's what he will do. and if the next few weeks are taken up with confirmation hearings and were not talking about the virus and all the other election issues, does that help republicans or democrats. >> whether you and i are talking about confirmation hearings or any other topic, the virus in the economy i think that are affecting people's lives in a very real way so i still expect those to be top of the list for what is driv

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 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

i mean, this has been a mission of mitch mcconnell for some time now. and he is faced with perhaps the holy grail of all holy grails from a supreme court standpoint, and that is to permanently lock in a conservative majority for a generation. potentially that is what is at stake now, obviously, you know, this is a night to remember, ruth bader ginsburg, for all of us who have little girls out there, ruth bader ginsburg is who you want your daughter to grow up to be like some day. and we will all remember her as being a pioneer and a champion for women. you can't other look what we are facing in the coming weeks. president trump is going to, make no mistake, exploit this as much as he can both politically and you know, for the sake of being able to pack the court and tilt the court in his direction in the republican party's direction for years to come. >> jim acosta, thank you very much. with me once again now, cnn's chief legal analyst jeffrey tubin and laura coates. good to see you both again. jeffrey, this is what mitch mcconnell said, this was in may

mitch mcconnell needs 51 votes to overcome a filibuster. this is the precedent change that he initiated with neil gorsuch to confirm him in 2017. and then also at least 51 votes to confirm the nominee. so look at susan collins in maine,e, tom tillis in north carolina, joni ernst in iowa, cory gardner in colorado. probably a couple of others and mitch mcconnell. don't forget he's here, too. they need 51 votes. so you can lose two. right now there's 53 republicans in the senate. you can get to 51. if it's a 50/50 vote, the vice president has broken 13 ties. they have never had a vice president breaking the tie. mike pence confirmed the first executive nomination with betsy devos in 2017. as john roberts said, we're in for a roler costar. i want the direct everybody back to the time line. it would be hard to put the nominee on the floor to have a vote and the other senators, do they agree with mitch mcconnell that this should be pushed through as quickly as he is suggesting? >> sean: let's go to minnesota where the president is just wrapping u

contradicts obviously with what mitch mcconnell told you back when and also where mitch mcconnell when he mentioned it in his statement tonight, the senate will have a confirmation hearing after the mourning of the loss of justice ginsberg. >> this will be the battle. now you're seeing the quotes being pulled up from 2016 and the republican senators saying the american people need a voice. mcconnell saying that's because the party in the white house and the party controlling the senate were two different parties. that's the distinguishing factor that he's making. i'm already seeing a lot of conservative use the argument that senator cruz used moments ago, that the court must be al its full compliment for any election disputes like bush v gore. it's very possible this time if we look at the different -- >> sean: it was dimpled, swinging and dented and it was perforated and -- you know. i thought ted cruz made a very good point on that. you know, we've been reading an awful lot. hillary clinton's comments were somewhat chilling to everybody when she said under no circumstances should joe

that's why it's unwise to bet against mitch mcconnell. but, you know, politicians respond to incentives. and the incentives come from their voters. there -- there is nothing mitch mcconnell cares more about than the courts. and nothing more within the courts than he cares about -- cares about more than the supreme court. so, you know, he is going to be on a mission to get this nominee who will, certainly, be coming, probably in the next week or so. and almost certainly, amy coney barrett. but he is not in entire control of this process. and the public and how interested the public is and how much swing voters care. you know, it's one thing to say, donald trump to his base, roe v. wade. doesn't seem to me. so, yes, his base wants a very right-wing nominee. but you know, he is a he not just running for the president of his base. he is running for president of the united states. and those positions on social issues, on gay rights, on -- on -- on civil rights. on -- on abortion rights. they're not popular, with most of the country. so, you kn

if mitch mcconnell can do it, then the democrats can do it. if the republicans want to say that the number of justices on the supreme court is a function of raw political power, then when the democrats have raw political power, they are allowed to use it. and use it effectively. and in this case, that means expanding the number of justices on the supreme court. i have a lot of arguments that we can get into about the good government reasons for having more justices on the supreme court. i think that is a legitimately good thing for our policy. but i also have the vengeance argument here. i do not think that this country can long survive a world where only republicans get to appoint justices to the supreme court. that is the world mitch mcconnell would have us living. >> if there's a democratic president, no justice. if there's a republican president, they get their justices. so as you just put it, if that's the position, and they have shown it in public, and lindsey graham and others are almost gleeful about the hi rock ypohyd that's the posit

mitch mcconnell said in 2016. so the people -- i think mitch mcconnell is in a tough place here. it's tricky because if he pushes his members in tough races, people like lindsey graham, who has said he would not do this, and grassley, who's not in the race, but he's also said he wouldn't do it. but you look at somebody like susan collins, or you look at somebody like cory gardner. this is a tough, tough place to put them in, in this very short period of time before the election. and i am not sure, like peter said. i mean we're talking about whether or not mitch mcconnell thinks people need to be home campaigning and working on winning. even if he just gives them a week, they've only got like 37 days, 38 days. well, the quickest a supreme court justice has ever been confirmed in the history of our country is 47 days. so this is really -- it's going to be very interesting. but i have to just briefly tell my favorite ruth bader ginsburg story. my favorite night -- >> please, please. >> my favorite night in the senate

but they were powerless from keeping mitch mcconnell from doing what he wanted to do. in the ensuing four years have you thhad thoughts of what else could be done, if democrats, what they can do is mcconnell is hell bent on filling the seat, and the statement he put out says he is. >> he cares about nothing but power. he cares about literally nothing else. and of course, he is 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 maybe more republican senators who either from principal and conscious or political calculation find the hypocrisy, to be more than they can bear. and it's reported, i don't know if it's actually accurate yet, but it's been reported that at least one senator has said, just that. that fair is fair. and i think it's, to me, if we have any hope of overcoming the devi krm deviciness that infects the politics and has riddled the institutions like the senate with this kind of you know, power over everything else mentality. i hope that there will be s

i'm not surprised by mitch mcconnell. i will not be surprised by what senator lindsey graham will do in the future. he is the chair of the senate judiciary committee. i think you played at the beginning of the show or you have a clip of him telling jeffrey goldburg of the atlantic that he will not entertain a supreme court justice if it comes in an election year and he said keep the tape. we've got the tape and he's going to go -- he is going to go against his word. i guarantee you he will do that. >> yep. >> to continue on the conversation you were having with dahlia, democrats can't just threaten. they have to mean it. they have to mean it when they say we are going to get rid of the filibuster rule if you do this, that you are going to add supreme court seats or justices to the supreme court if you do this and i think there are a whole lot of other things that could be added to the threat list if republicans do what i think we all see them going to do because we know this. republicans care. if there's one thing they tr

current majority leader mitch mcconnell capitalized on them in 2017. predictions are that democrats will scrap the filibuster if they seize the senate. >> but they are saying is they don't want to win the argument, they want to change the rules in order to guarantee the outcome. >> if democrats have a majority in the senate they will pass their entire wish list. which is campaign finance reform, legislation to combat climate change, raising taxes on the wealthy, putting more regulations in place on companies. >> democrats now in the minority frequently stymie g.o.p. bills with a filibuster, but republicans would likely return the favor if democrats flip senate control. >> each party loves to filibuster when they are out of power but what you end up with in a simple majority rule, the political minority becomes irrelevant. >> this republic has benefited greatly from having an institution where the minority, where those who are out of power are not, in fact, powerless and if you remove the filibuster completely you are rendering millions of millions of p

charlie gasperino, and mitch mcconne mcconnell back home, on this. the and there was vaccines and immediately put thoughts in doctor's mind and said, wait a minute, are you making people unsure if a vaccine were to come out early they shouldn't take it? did joe biden goof on that? after this. - i didn't know why my body was moving on its own. it turns out i have tardive dyskinesia, a condition that may be related to important medications i take for my bipolar disorder. tardive dyskinesia can affect different parts of the body. it may also affect people who take medication for depression and schizophrenia. - [narrator] in today's trying times, we're here to help you manage td. visit talkabouttd.com for a doctor discussion guide to prep for your next appointment in person, over the phone, or online. - it's a relief to know there are treatments for td. >> the vaccines likely to be approved so far are start off with a group of 10,000 doses, all the way to 60,000 doses. well, you know, there are millions of people. it's going to take-- and then you get up

mitch mcconnell believes that this fight is over. what mitch mcconnell does not understand is this fight has just begun. >> senator elizabeth warren speaking at saturday night's candlelight vigil for justice ruth bader ginsburg on the steps of the supreme court. joining us now is senator elizabeth warren of massachusetts, former democratic candidate for president. senator, thank you so much for being with us tonight. it's a real pleasure to have you here. >> thank you. it's good to be here with you. >> so you were impassioned, and you had your jaw set in those comments, and you absolutely had all of the other people there with you. what did you mean by the fight is just beginning? how can you characterize for us how the fight is going to go? >> well, let's start with what's on the line. you've already started talking about this, but recognize we're talking about a supreme court nomination and confirmation that could touch the lives of every single person in this country. start with health care. we know that the affordable care act th

mitch mcconnell is not a good faith arbiter. he's clearly political. he doesn't believe in articles or norms or basic rules of decorum, so you can't operate within the boundaries of rules with someone who doesn't respect the rules. and everything seems to point in the direction of mitch mcconnell less than 50 days. so now it's not only up to democrats but republicans. what is he going to do. >> really quickly, do you think today's democrats are going to fight really hard and load up the courts in case mitch mcconnell goes his route. >> we have to be. there's no other option for democrats. if we don't fight now, there's no other fight to be had. this is our moment. >> no more mr. nice guy. michael starr hopkins. thank you. >>> in a review, it was the third most important issue on a presidential election, but will it now become more important for voters? we'll get a reaction from early voters all day here on msnbc as we take a live picture of the supreme court as the sun is rising in d.c. the sun is rising in d.c. stay restless with the icon that does th

it's not a done dell. >> there is mitch mcconnell talking. let's see. >> we fill it. >> jeff, you say it's not a forgone conclusion. what are the options for democrats? >> well, there are several. there is political pressure on the republican party. it is not a complicated political issue to say, you know, you said all of you republicans said that february was too late. why was february too late but september is okay? the -- and you know, there are republican whose are politically vulnerable on this issue. there are republicans running for office right now. are they all going to just say to their voters, we're going to be the greatest hypocrites in american history? maybe yes. some will. but it's not a guarantee that all will and the senate works on the concept of unanimous consent. if they wanted to proceed with anything, the democrats can force a vote on that. can they delay until january 20th? i don't know. what will republicans do if joe biden wins? will they try to jam through a nominee including senators that lost the election? i mean,

what's been lacking, though, is leadership from mitch mcconnell. he's refused votes on things that are widely bipartisan. he's refusing to be honest about what he's about to do with this justice. not sticking to what he thought the rules of the road were. he makes rules for others but not for himself, and it's very frustrating because i expect more in national leaders. and so i hope that voters understand what this moment is about, it's about their health care. it's about education. it's about their jobs. it's about reproductive freedom. and they need to understand the larger context, that the efforts by mitch mcconnell right now are literally taking away their rights, and may be taking away their access, especially if you have a pre-existing condition. for every family that's had covid, is that the next pre-existing condition? is that the pre-existing condition that's going to keep you from being able to get health care next year? so whatever they decide to do on this justice, what we have is our voices, we have the ability to speak out loudly, an

mitch mcconnell as they reported said they're going to go ahead and try to fill the seat. watching what mitch mcconnell said earlier this year. >> if you're asking me a hypothetical about whether the republican senate should confirm a member of the supreme court to a vacancy they created this year. >> before november. >> we would fill it. >> and this is what mitch mcconnell said four years ago when there was a vacancy under president obama. >> the next justice fundamentally alter the direction of the supreme court. and have a profound impact on our country. so of course, of course, the american people should have a say in the court's direction. >> back in february of 2016 when he passed away, mitch mcconnell moved very quickly and unilaterally saying that they would block any nominee and not even entertain a nominee who president obama would put forth in the election year and that ultimately turns out to be garlands we never got the hearing in the united states senate. this is why dianne feinstein, top democratic on the judiciary committee from california said under no cir

this is just raw, political maneuvering on mitch mcconnell's part. i don't think we should call it anything else. >> it's not just maneuvering. it's also just, if i may, it's not just ma newscastering. it's also the constitution. there are two institutions at play. they have an actual hand in this. it's the president's job to nominate. it's the senate oos job to do with it what they think is right at the time. and mitch mcconnell think it's right to vote on a nominee. >> in the middle of an election. >> no one should be surprised. hypocrisy is abounds everywhere. but it's still pretty unpalable to have it dressed up as something else. >> but this is not about politics or the election. this is not about november 3rd election day. it's about november 10th. i'm telling you. mitch mcconnell's base is not all those wonderful people who vote for him. it's the financial people flood ing with dark money. the top of that list are are the insurance companies, who are going to be in front of the court through the attorney general and asking them to throw out pr

mitch mcconnell believes that this fight is over. what mitch mccon nnell does not understand that this fight has just begun. >> senator warren spoke on the vigil for justice ruth bader ginsburg. joining us now, senator warren, thank you so much for being here tonight. it is a real pleasure to have you here. >> thank you, it is good to be here with you. >> you were passionate and you had your jaw sets in those comments and you had all of the other people there with you. what did you mean by the fight just beginning? how can you characterize for us how the fight is going to go. >> recognize, we are talking about a supreme court nomination and confirmation that could touch the looiives of every sin person in this country. start with healthcare. preexisting conditions that keeps people on their parent's policies. we know it went all the way in the supreme court, a 5-4 decision. the supreme court said we are hanging onto it. it is constitutional. so then the republicans said darn, we can't get rid of this thing in court. we'll take it to

mitch mcconnell pledges a vote. the democrats promise a fight. an epic showdown with just 44 days until the final votes. our guests this is morning, bill clinton who nominated ruth ginsburg in 1993. america's top elected democrat now, nancy pelosi, and republican senator ted cruz. plus, analysis from our powerhouse round table. >>> good morning, and welcome to "this week." call it the year of chaos. the 2020 election has already seen it all. impeachment, a pandemic, economic turmoil. racial protests scarred at times by violence, and friday night, the loss of an american giant, supreme court justice ruth bader ginsburg. a champion of equality, she broke barriers as a law professor and advocate, achieving greatness in the words of supreme court colleague david souter before she became a great justice. outside the court where ginsburg served for 27 years, admirers have been gathering to mourn her passing, prepare for the titanic political battle to come. many carrying a simple sign, honor her wish. the request ginsburg said days before her death. my

i must admit, mitch mcconnell pulled that stunt in any 16, that really gutted me. i cannot believe our senate would do that. that just bothers me more than anything. i'm glad to hear we have somebody on the democratic side pushing for the justice system to get straightened out. i know immigration is important, that it is not as important as straightening out our justice system. we have stepped into an area that you are going to end up having a wild west. we are going to have a wild west on steroids if weo not stop playing with our justice system. men and women in it. that is the only way that system runs. i agree with them and i support the men and women, we cannot play this game. thank you, mr. fallon. host: randy, thank you. thank you. the caller'sk leprosy -- representative of a large group of democratic voters. as i mentioned earlier, there has been two polls in the last cew weeks that shows democrati voters are prioritizing the supreme court more than republican voters. [indiscernible] i think that one of the things joe biden will have going for sense of purpo

if mitch mcconnell can do this. either, in the short-term or, more likely, in what's called the lame-duck session. so the session after the election. and it's four people. four republicans because of the numbers in the senate, who they would have to chip away at. there is also discussion about whether, for example, mark kelly, if he wins the now-republican senate seat in arizona because that -- was appointed, whether he could be sworn in early, which would bring it down to three republicans. >> and that would mean he'd have to be sworn in, in november. >> potentially. potentially. but that just shows how thing ts are going right now. >> but hold on. all of it. it's out the door if donald trump wins. then, he gets to decide, no matter what. >> good point. >> sure. yeah. no, if donald trump wins. but there are so many what-ifs, here, as dana's pointing out. but what if donald trump loses? what if the democrats end up controlling the senate? what would the american public do, then? what do moderate republicans do? who

it's not just mitch mcconnell. it's not just senator lindsey graham. they're just big names that stand out as hypocrites in this. but the hypocrisy is meaningless to them if it is in the way of them getting power, okay? in 2016, they made a simple argument to you. we're so close to an election, this president is a two-termer, he's a lame duck, he's out. shouldn't we know what the people want in the next president and that administration so close when they get to exercise their mandate? now that was based on complete bs in terms of legal and political precedent. that had never been the custom, ever, okay? so why was it then? they had the numbers and wanted to rationalize it and dress it up a little bit and so they did it. now they're saying the opposite, absolutely. this is no surprise, mcconnell has been very clear, much to the ha ha ha has of the smoky rooms that he speaks to. they're not really smoky rooms, we can't smoke anywhere. but metaphorically they are. it's an insiders' game and they play to them. there's no way mitch mcconnell isn't going to

the courts are biggest part of mitch mcconnell's legacy. he's not going pass this up. but we in the media should also be reporting accurately that there's nothing irregular, unconstitutional or unprecedented about what mitch mcconnell is doing. the reporting i see is not just taking sides but missing the historical context here which is that it's the same party president as the senate and in those instances they do move nominees through even right before an election. so it's nothing unusual about that, but the way the reporting is unfolding makes it looks like something it's highly irregular and prompting a lot of outrage and it's incumbent upon the media right now to add context, accuracy and historical background to all of this and i think that would probably cool things off at least a little bit. howie: right, the president by the way saying last night he plans to pick a female justice or nominee i should say. look, 16 different ways you can argue this. the core to have media argument is that in 2016 when garland was anonymous -- nominated with 9 months to go he cou

we have a republican president and mitch mcconnell is still there. he is the only person that has the power to advise and counsel and set a vote. he had in 2016, has it in 2020, and now he is the one that has reversed it and what you hear the democrats arguing about is this hypocrisy and the g.o.p.'s hypocrisy on this, not that they should move to waste if you will but mitch mcconnell and the g.o.p. change the rules and now they want to implement the old rule again, and it's going to come with repercussions. >> martha: there is an argument, a good argument i think that the current state of supreme court tensions that we have in the brett kavanaugh moment due date back to that decision right or wrong from mitch mcconnell because prior to that, we had lindsey graham for example voting for sotomayor, most of the votes prior to that were overwhelmingly in favor of the president's choice and after that moment, we did see a very big change in how all of this plays out. what do you think? >> we certainly had a very contentious and tumultuous supreme court b

and that, mitch mcconnell's the one that beat them. and there has to become a new kind of resolve, here, that democrats are going to have to go to the mat on this. so we are, now, into a new crisis. a crisis of the supreme court. >> does anything matter, anymore? especially, and i have to be honest, on the republican side, when it comes to donald trump and this administration and the folks who are in office? i am talking about the people in office because i have republican friends that do not condone the hypocrisy that's going on now. the just letting donald trump get away with whatever he wants. does anything -- anything mean, anymore, anything anymore? does anyone's word mean anything, in washington, anymore? >> well, the -- the term grotesque hypocrisy that we are seeing out tof this republican party. it used to be and meant something to be a republican senator. but donald trump has been able to get them to abandon any kind of ethics, and just be in this kind of scorched-earth strategy. burn, no matter what. win, win, win, at all co

and that's not even a knock on mitch mcconnell and joni ernst. it's just the fact that we live in a representative democracy, and that means your representation in congress are your two senators, your one representative. so it is really important to use your power, your constituent power, to focus on your own representatives. if you're looking for what to do, if you're focusing on this and you're worried for the future of our republic, i am too. there is actually power you have in this moment. specifically indivisible groups are doing two things in the next week. one, this friday we know that ruth bader ginsburg is lying in state at the u.s. capitol. we're not advising people make the trip out to the u.s. capitol to go to that event. we are asking folks and indivisible groups are being flowers or mementos to their senate offices in their own states and saying, hey, this is what ruth bader ginsburg means to me. i would like you to represent me. fight in the senate for me, not mitch mcconnell or donald trump. and, second, after you do that on frida

listen. >> mitch mcconnell and his henchmen believe that they can ram through a supreme court justice, only 45 days from the election. >> rbg really changes shape of a country forever and she uses the law to defend both women and men's rights and by defending both women and men's rights, she will show everyone should be treated completely the same. >> justice ginsburg died peacefully at her home surrounded by family on the rosh hashanah jewish new year, she will be at arlington national cemetery, according to the jewish faith, those that pass away are fairly frequently -- fairly right away after they pass away, we don't know exactly when the timeline is, we are waiting because of covid restrictions and they said earlier when there may be a public viewing at the court, no word on that but we do know she will be laid to rest next to her beloved husband who passed away in 2010 at arlington national cemetery. jon: david spunt in washington thank you. at least 35 people including one firefighter have died and dozens of wildfires burning across the west, some rain is expected the house dous

she will find her way to support mitch mcconnell. because i think mitch mcconnell's going to direct a lot of dark money into her race. >> as manu reported, to keep their powder dry, in his words. after collins' statement, does he need to be worried about other republicans saying the vote should wait? >> i think he's got to be happy with what people like thom tillis are saying. i mean, thom tillis has committed to supporting the president's nominee, before he or she is even named so that's pretty striking. i think you have to think about the republican perspective when it comes to getting this thing through. there are so many republicans in the senate, all over capitol hill, who didn't want to get on board with trump in 2016. and how did he win them over? he said it's got to be about the courts. i will deliver conservative judges to you. and he's done that, twice. given how chaotic the past four years have been. they've gone through impeachment and everything else. it baffles my mind to think these senators would turn another opportun

will mitch mcconnell have enough support is the question to hold a vote? >> reporter: hypo he they at i one thing. we'll be keeping an eye on susan collins and murkowski. mitch mcconnell making it very clear his plan is to have a vote within the year on the president's nominee. now there are two ways this could go. either it can happen before the election or it can happen after, sources i'm talking to say it's much more likely this will happen during the lame duck session on capitol hill. after the election when lawmakers would return from the campaign trail. but here are some of the obstacle for that. one of them is what happens if the balance of power shifts in the senate? if democrats take the majority republicans will still have the votes until january but will some moderate republicans feel like it's inappropriate to try to rush in a nominee for the supreme court, change the balance of the court if they were not elected by voters. same goes if donald trump loses the white house and they come back for that lame duck session. that's why some conservativ

i'm not speaking to mitch mcconnell who will do what he wants. i'm speaking to those senate republicans who know deep down what is right for the country and consistent with the constitution. >> senate majority leader mitch mcconnell is already vowing to bring whoever the president nominates to the senate floor for a vote. at a rally last night, president trump said he intends to fill ginsburg's seat with a female justice and plans to do so quickly. >> so article ii of our constitution says the president shall nominate justices of the supreme court. now, it says the president is supposed to fill the seat, right? that's what we're going to do. we're going to fill the seat. >> democrats meantime are threatening retaliation if republicans push through a nominee. some say they'll push to expand the high court to allow for more justices. if they take over the senate majority in this year's election. with two u.s. senators now publicly against moving forward on a new supreme court justice, the president's plan to get a nominee approved, in his words, wi

but it's a senate fight to filkins' vice place on the supreme court seem sure majority leader mitch mcconnell said a vote on the top nominee would take place with much of u.s. politics hamstrung by deep polarization the makeup of the supreme court is crucial in shaping law on fundamental issues such as abortion but justice ginsburg had a critical view of the politicize ation of the nomination process. i don't know what it will take. but we really get. to do with what happens when people who are example. of someone to be. rather than trying to get is. more mislead congress for ginsberg on the steps of the supreme court while there was praise for her legacy from across the political divide the search for her successor threatens to be less dignified. correspondent karen you know chinmoy joins me now from washington this news comes just weeks ahead of the u.s. elections 0 how will it impact the race well this will definitely have an impact on the race we should not forget that we're talking about the high court in the country the highest court in the country this court decides a vote very importa

>> we saw with mitch mcconnell did. in february of an election year where there was a supreme court vacancy and the person nominated was a consensus type individual but mitch mcconnell said look, an election year it did not make a difference who had the majority in the congress and who had the majority or who had the party of the president and did not draw that distinction but that felt that close to election it should be up to the voters to speak first and decide who should make that appointment. if it was not a partisan matter that mitch mcconnell said and it's a matter that the vacancy occurred in the election year and we've had senate controlled by one party and the president by the other and supreme court to be considered but as mitch mcconnell says with merrick garland he refused to do that in an election year. this is not a vacancy that occurred months ago but the elections started with early voting already. wait for the voters to speak. shannon: this is what senator schumer said in a tweet, february 2016, the la

mitch mcconnell doesn't like it. there is some farm legislation he wants to see in there he doesn't have. is the cr, is that leverage on the fight over the justice or is that a parallel track that has nothing to do with the justice nomination? >> it's a parallel track. we wouldn't even think of threatening to shut down government. a great part of the west is on fire. our south -- the gulf coast is battered by hurricanes. we have a pandemic in the country. we're fighting for our heroes, our state and local government and federal employees who have health care, our first responders, our teachers, our sanitation, transportation workers. we want them to test, trace, treat, wear masks, separate and the rest and we need public employees to do that. so we're not about shutting down government. and it's not a lever. by the way, the republicans don't believe in governance. it's a welcome thing for them to shut down government. that's why they have done it over and over. but in addition to that, you think if we shut down gover

mcconnell not to rush a vote and saying all options are on the table if he does. >> to mitch mcconnell, we need to tell him that he is playing with fire. we need to make sure that this vacancy is protected, that our election continues and that the american people have their say. >> dana: with me now, fox news contributor and "washington times" opinion editor charlie hurt and i have to ask, are you trying to compete with harold in the unique backdrop look? is there a bear a bear behind you? >> i don't think harold has a bear behind him and until he does i don't believe anything he says. >> we will keep that in mind. there was a tweet from representative joe kennedy, just lost his primary against ed markey of massachusetts. he said if he holds a vote in 2020, we pack the court in 2021, is that simple. do you think that's a smart take for democrats to have right now? >> i'd probably approach it a little differently but first, thanks for having me on. look, the democrats are playing flag football here and republicans are playing tackle. what we have to do is democrats is remind voters what