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tv   Anderson Cooper 360  CNN  September 18, 2020 5:00pm-6:00pm PDT

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members, only a simple majority the senate would have to have to be able to have a supreme court justice push through. there would be, of course, a confirmation hearing process but this is one of those moments when i think the nation is holding its breath to see if there remains integrity until the process by which you select somebody with life tenure where the buck stops on so many powerful issues. >> all right. thank you very much. and thanks to all of you for joining us. our breaking news coverage continues now with anderson. erin, thank you very mump. ruth bader ginsburg has died. she was only the second woman appointed to the court and already a legend when she arrived in the fight for gender equality. sandra day o'connor was the first and justice ginsburg was the second. she died at home in washington surrounded by family. we're told from complications of
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pancreatic cancer. she was 87 years old and despite her long bout with several different forms of cancer and all the complications, she seemed to many indestructible. last night she appeared at the national constitution center where she was honored. in the coming hours, we'll talk to the people who knew her best and look at her remarkable legacy before she got to the supreme court and after. and whether the president will try to fill her position with the election fast approaching. joining us right now by phone, cnn chief political analyst geor gloria borger and jeffrey toobin and on the phone, dr. sanjay gupta. jeff toobin, let's start with you. first of all, just, i know you were speaking to erin earlier but for the viewers just joining us, just talk about justice ginsburg. jeff toobin, can you hear me? we don't have toobin.
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let's check in with sanjay gupta just to talk about the medical aspect on this. sanjay, pancreatic cancer is obviously an extremely difficult form. she has been through so much, you know, there were so many people pulling for her, hoping she would go on for years. >> yeah, i mean, she's really dealt with a lot, anderson. you go back to 1999, 20 years ago. she 21 years ago was dealing with colon cancer at that time. she was first diagnosed with pancreatic cancer in 2009 so 11 years ago. at that time i think the thinking was that maybe she had been able to really get through that and she was sort of disease free and in fact, you may remember in january of this year, anderson, she sort of made an announcement she was cancer free. two years ago before this she had another type of cancer, lung cancer. colon, pancreatic cancer and then lung cancer.
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it was in may of this year, anderson, you may remember when she had this recurrence, this question of her recurrence and again in july and at that point she made it clear that she did have this recurrence and tried medications like immunotherapy and really did not have a response to it. at that point, she had a procedure basically to open up some of the ducts that sometimes become affected by this sort of cancer and was put on a therapy that had doctors sort of said was not curative. this was not going to be a cancer that would be cured at that point but it's amazing, anderson. she got through that therapy and got out of the hospital. she was out and about again. she said she would resume her daughter duties. it's a tough therapy. it's a lot to go through for anybody in their mid to late 80s, even harder. she seemed to be doing okay. i think at that point, anderson, going back to july that was
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pretty clear that this cancer was not going to be something that was going to be effectively treated. they just didn't know how quickly it would spread. >> douglas brinkley is also joining us. doug, your thoughts on her passing? >> well, it's an incredible loss to america. i think of her and when i teach about her legacy at universities, about being this women's activist. i mean, she was extraordinary fighter for women's rights. when bill clinton sell leected nobody thought she would be picked in '93. they were looking when biron white was going to be retiring and the thought it would be -- nobody thought about ginsburg but hillary clinton knew all about ruth bade er gich e er gi. she told her husband president
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bill clinton, look at her. she's something extraordinary. it's a fun snow story because bill clinton didn't want the press seeing it so they told her to come in on a sunday evening to the white house, wear just regular clothing almost to be inform and there was bill clinton watching football game all dressed in a suit and tie and she was like in lounge clothes and she was deeply embarrassed but it took bill clinton about ten minutes to realize that hillary clinton was right that this was the winner and he went to bat for her. we have to remember when bill clinton picked ruth bader ginsburg there were republicans for the prior years. every year month by month she's as supreme court justice grew into the legend we know and president clinton told me not that long ago into the summer when he had her once come to the clinton library in arkansas, she had like 15,000 fans in arkansas
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that they had to move her from the live presidential library to get a sports arena because of her popularity was so great. we look at bill clinton's great moves as president picking her surely was one of them. >> yeah, tonight there is a lot to focus on. there is both the life that she lived, her legacy and also, obviously, the political ramification. the judicial ramifications of this moving forward just in the next several weeks and months. hillary clinton just tweeted quote justice ginsburg paved the way for so many women including me. there will never be another like her. thank you rbg. dana bash is standing by, as well. dana just talk about what -- there's a lot of people tuning in wondering what this means for the supreme court, what this means for capitol hill and a confirmation process and the election. >> if you think that we have seen bitter partisanship and very divide conference, you
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haven't seen nothing yet. this is the crowned jewel when it comes to what a president can do and what a congress can do that lasts a lifetime and that is to fill a supreme court vacancy, especially as important when it comes to the balance of the bench as ruth baiter beginnings burg. the fact that as manu was talking about earlier that it was four years ago that republicans who were also in charge of the senate refused to allow even a hearing president obama's because mitch mcconnell said that the american people deserve a voice. you would think that there would be some consistency and that that same majority leader mitch mcconnell would say okay, we're
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close to election, the american people deserve a voice but that's not how it is going to work. what is going to work is the republican leadership is going to try to do something in the short term what is known as the lame-duck session, after the election. they will try to push this through and a presidential nominee. the rules right now not to get into nitty gritty but this matters a lot is they need a simple majority and republicans right now have that. there is going to be allt lot fighting and i'll tell you it was not an accident the democratic senate leader chuck schumer released or sent out a tweet saying something along the lines of the american people should have a voice in the selecting of their next supreme court justice. he clearly took the verbatim
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verbiage from mitch mcconnell to throw it back in his face. this is going to be a huge, huge brawl. >> well, dana, just to layout because man kn because manu said it would be unlikely to get a nominee passed by election day but there is a lame-duck session after election day. >> exactly. it's exactly right. they would start the ball rolling and you better believe that particularly mitch mcconnell despite the accusations that are already flying about this blatant hypocrisy. the republican leader of the senate, the majority leader is singularly focused on filling the bench. the federal bench at every level with conservative judges. it has been remarkable because so much news is going on. we haven't maybe been able to pay attention as much as we could have but it is remarkable
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how many trump appointees are on the bench. court is the ultimate and it is a number one goal and has been his whole career for mitch mcconnell. so he's i'm -- inpefg use to it. any time now more as manu said in the lame-duck session after the election. >> i want to bring in jeff toobin who has written extensively about the supreme court in a number of books. jeff, first of all, talk about ruth baiter beginnings burg the person and we'll talk about the politics next. >> well, you know, ruth bader ginsburg is one of the very, very few supreme court justices who would have been an epic figure in american history not
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just american law if she never se served on the supreme court. as marshall was, she was the general counsel of the women's movement and arguments that we will almost take for granted that the law has to treat men and women accurately. when ruth ginsburg started hearing cases, the differences between how the law treated men and women seem like they came out of another age and through a series of cases in the supreme court which she argued, the law changed and now it is almost impossible under the american
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constitution to draw distinctions between men and women and that is largely the work ofruth baiter beginnin eee beginnings bu beginnings bu ginsburg. he was a liberal justice and did not have the ability to write majority opinions like the conservative justices like john roberts and samuel have been able to do but she's an extraordinary icon and she's so associated with descents during her tenure. >> jeff, there was a time -- >> her loss to the court will be an enormous one to the country but in particular, to the
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liberal causes she believes in. >> there was a time between correct me if i'm wrong, 2006 to 2009 where she was the only woman justice on the supreme court. senator o'connor retired, justice soto moir of rrkr was n to the bench. >> she hated that. she was someone who believed in promoting women and very active in mentoring and supporting other women. she has become very close on the supreme court that to aleana kaigen, they have a very close
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relationship. they are both legal academics before they become judges. she certainly has a mentor relationship with elena kagan. if donald trump can confirm someone, which is not a forgone conclusion. i'm sure we'll talk about that. because donald trump wants to fill the seat and just because mitch mcconnell wants to fill the seat, they need to hold republicans or 49 or 50 of them so they can get vice president pence to fill a tie to break a tie, you know, it's not over. so let's, you know, we're going to put a pin in that discussion
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but that's not a forgone conlunges. >> jeff, when you look at her past, you talk about the career she had before. the life she had before the career she had before the supreme court is also just really extraordinary where she came from, raised in flat bush in brooklyn. she had a sister who had died as a child, i think, when she was still very, very young. her mother died when she was just about to graduate high school. she went to cornell. she then met her husband -- future husband at cornell. they get married like a month after she graduates from cornell and she ultimately had a child and then after being married and had a child, went to harvard law school and i want to play something from a documentary rbg. this is justice ginsburg talking about her mom who passed away when she was 17. >> my mother died when i was 17.
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i wish i could have had her longer. her mother must have been a steely person because she had cancer a long time and lived trying to get her child through high school. >> she had two lessons that she repeated over and over be a lady and be independent. be a lady meant don't allow yourself to be overcome by useless emotions like anger and independent, she meant it would be fine if you met prince charming and lived happily ever after, but be able to fend for yourself. >> erin carmen joins us by
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phone. that loss that she lived through as a teenager in high school, the fact that she was able to propel herself to cornell and then after marriage and having a child to then go and go to harvard law school and with all the discrimination she even faced at harvard law school where i think she was one of like six or nine women. >> she was one of nine. one of nine women. >> out of a class of like 500. >> yeah. anderson, she was somebody who was shaped by loss very early on. she was someone who not only lost her mother but her sister, her husband struggled with cancer when they were in law school and she would stay up all night taking care of him. she learned to get by on two hours of sleep long before her cancer diagnosis. you could say cancer was this shadow that haunted both her family and herself.
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and yet, the fact that she really wanted to fulfill the dreams that her mother had for herself, for her, her mother had a dream of education for herself that was not realized. she herself dreamed of a life in the law, a life fighting for what was right and to have a profession in a very practical sense. and the kind of perseverance and tenacity she showed throughout her life, throughout cancer, broken ribs, the loss of her husband, being the only woman on the court, seeing the court how jaggedly it moved to the right. throughout all of it, she really beat the odds. unfortunately, she couldn't beat these odds. it was a life repeatedly defined by defying people's views of her. >> defying people's expectations. i read a story that when she got
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to harvard law school, the dean, i think of harvard law school i think took -- brought all the nine women to dinner who were students and i don't want to paraphase but said something to the effect -- >> he asked all of the women to stand up and justify how it was they could take the place of a man. gue justice beginniginsburg was ho a fault. she said she was hoping tore be better wife to her husband. the real reason justice ginsburg was at harvard law school is she had a passion for the law. she loved her work. it was a great love of her life, the law. she used the law as an instrument to expand rights and equality for people who have been written out of the original we the people but she was just somebody who whole heartily devoted herself to the task so no, she was not at harvard law
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school to make a better dinner conversation with her husband, although they had a wonderful relationship. >> she loved harvard and went to colombia graduating tied for first in her class. >> yes, she did. in fact, when she got to colombia, everybody sort of had been warned of her. she joined the law review at two different institutions which i believe broke a record at the time but despite that sterling achievement, anderson, she was not able to find a job for the longest time. she said that there was three strikes against her. she was a woman. she was a mother and she was a jew and it was in fact, having so many doors slammed in her face that led her to the cause of gender equality. she might have ended up at a law firm had she been given more chances and instead, her own experience with discrimination both as a mother, as a woman, religious discrimination instead led her to think about how to broaden opportunities for a greater range of people, instead
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led her to figure out how to use the constitution to make we the people more than just an idea, more than a broken promise. >> thank you so much. i want to bring in joan. can you talk about ginsburg on the court and the role that she has played in her time on the court? >> yes, anderson, it's been a transformation. she came on in 1993 as more of a centrists. she wasn't that liberal. she had had a very moderate record on the d.c. circuit court of appeals but over time, she became the left ward flank of this court especially in -- after 2010 when justice john paul stevens retired and she became the senior liberal and was in charge of assigning usual the majority opinions by usually found her voice then.
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she actually became the notorious rbg after her 2013 descent in the case known as shelby county versus holder when the five justice conservative majority cut back on the 1965 voting rights act and with each year she doug in harder and harder on the left and frankly was more critical of president donald trump. you probably remember in 2016 when she ended up speaking a bit out of school saying he's such a faker. he has such an ego. she retracted the statements she had said to me in an interview but she's remained pretty harsh against him and during the recent trump documents cases at the supreme court, she noted that he still hadn't turned over his tax returns. so she only became more outspoken and moved more to the left, a sort of personal
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transformation. >> and she really did not want to have president trump be a president to fill a vacancy that she would leave. is that correct? >> that -- you know, that's certainly the presumption. i know that she -- people close to her have said that she said she was holding on for dear life certainly. the last public statement she made following some treatment in july was that she's going to stay as long as she can and as long as she can keep doing the job and she certainly went right up to the very end. anderson, she really believed in being as visible as possible. i think that's why she kept trying to tell people what was happening with her health as she learned new information and i noticed you asked earlier about the time when she was the only woman on the court from january
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of 2006 when justice sandra day o'connor stepped down until august of 2009 when sonia soto minor came on. she was suffering from cancer during a period in 2009 right after barack obama took office and i remember asking her, how could you do that? she was being treated for very serious cancer back then. and she said i want to be visible. i want to show all people watching that joint session that the supreme court had at least one woman on it and that was something that she always used her voice to be more present and sort of spread the credit to
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other women, always helping others come up a long with her. so i would say between the transformation and her efforts at visibility that are much different than other justices now on the court in that realm, she will -- this is a true national loss. >> we should point out that house speaker nancy pelosi ordered flags at half staff at the capitol. joan, in erm tterms of what thet looks like without her and where the -- how the balance tips. >> well, that is an excellent question because, you know, it's now the liberals really are on the downside. they come out of a good material. the 2019 term, they held on to -- they stopped a lot of reversals of law and managed to
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work with two justices on the right wing to expand for gay and transgendered workers and managed to preserve abortion laws out this point. so now with the possibility of donald trump nominating a third conservative appointee. this is going to become a 6-3 court and no longer liberals hoping to woo over chief justice roberts feels a sense of balance at the court, now chief justice john roberts, it won't be in his hands. it could potentially be in the hands of a brett kavanaugh depending what happens. but it's a much -- it's a much different court today than it's
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been at any other point. you know, we've sense the '70s, we've talked about this consecutive court but we're now tipped to a place where the right wing controls like it never has before. >> jeff toobin, i know you wanted to say something. >> you look at the list president trump put forward, this is a deeply, deeply right wing court and john roberts who has shown signs of moderation would be irrelevant because you have the nominees. we'll talk politics here. you know, the democrats can pretend they are powerless in this situation or they can pick
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a fight for once and it will be the idea mitch mcconnell can engage in the act of hypocrisy by stopping merit garland who faced a vacancy in february of an election year and jamming someone through when there is a vacancy in september of an election year, i don't think that's a forgoing conclusion. i also recognize that there are only 53 republicans in the senate. will lamar alexander? the idea this is somehow a forgone conclusion donald trump can jam someone through before election day or during the lame duck i don't think is necessarily the case. so, you know, we'll as the
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president says, we'll see what happens. 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
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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, again, i don't know the answers to these questions. there are only two formal rules
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that the democrats have at their disposal. one is that after the senate judiciary conduct as hearing, they have a right to delay for one week, the vote in the committee. then in the senate itself, they have the right to insist on at least 30 hours of debate before they move to a vote. now, neither of those are enough to go until january 20th but the senate procedures have a lot of flexibility in them and if democrats want to fight, they can fight. >> i want to go to jim acosta who is moderating for reaction from the white house. jim, are you hearing anything? >> anderson, this white house is frozen right now in terms of a response to the passing of route bader ginsburg. president trump took the stage at a rally in minnesota a few moments beforeu
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bader ginsburg. president trump took the stage at a rally in minnesota a few moments beforet bader ginsburg. president trump took the stage at a rally in minnesota a few moments beforeh bader ginsburg. president trump took the stage at a rally in minnesota a few moments before the passion was announced and talking to white house officials, they are not certain that the president knows about this. they don't believe that he knows about this yet and will be briefed after he leaves the stage in minnesota. but getting back to whether or not president trump would seek to fill the seat left by ruth bader ginsburg, i'll tell you what campaign advisors are telling me, definitely yes and in the words of one advisor i spoke with, trump will follow the constitution period. we should point out back in august he was doing a radio interview with hue huet and said absolutely he would do it. the democrats would do it. jeffrey toobin walked us through. they tried in 2016 but mitch mcconnell and republicans blocked them from filling the seat of anthony scalia with
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mar marritt car legarland. whether or not the president seeks to replace ruth bader beginnings bu ginsburg. if they were concerned about trump supporters, keep in mind in the last couple weeks he put out a list of potential supreme court nominees. people like ted cruz, people like tom cotton. some of the nominees and ideas he put out there, some of the people out there were saying if they're put on the high court, they will seek to strike down roe versus wade and so, you know, this is obviously a mobilizing energizing, animating issue for president trump heading into the final weeks of this campaign. we do expect the white house to put out some kind of statement tonight. i expect that they will lower the flags to half staff as spoker speaker pelosi has done. he's been speaking about an hour
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now, anderson, but i suspect once he gets off and is briefed, that he will probably talk to reporters, if not on camera, before getting on air force one then on air force one. we'll get a reaction from the white house in short order, anderson. >> there are headlines several, i think, a week or so ago about the president putting out other names of potential supreme court nominees. >> that's right and he put out a number of senator's names. ted cruz, josh holly, tom cotton. i believe tom cotton said he would seek to strike down a roe versus wade or time for row versus wade to go. a number of stars in a conservative movement from a legal standpoint are also on that list. there has been, you know, a steady drum beat of support for the president to nominate amy
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barrett. her name was floated around before that battle royal up on capitol hill. and, you know, we're told by sources that the president likes amy barrett and that potentially she's very high on that list. obviously, that's all in theory. all of that discussion was happening in theory heading up until this moment, anderson and i think we are, you know, like we seen in every other aspect of our lives in 2020, we are seeing something that is truly, i hate to use the word unprecedented because it feels like a cliche, extraordinary the president would have the opportunity to fill three supreme court vacancies. obviously, he would have a massive effect on the court if he's allowed and able to push through a pick. >> yeah. jim acosta, thanks very much. we'll take a short break and have more on the life, the legacy of justice ruth bader
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as business moves forward, we're all changing the way things get done. like how we redefine collaboration... how we come up with new ways to serve our customers... and deliver our products. but no matter how things change, one thing never will... you can rely on the people and the network of at&t... to help keep your business connected. bringing you reaction to the supreme court justice ruth bad r er ginsburg's death from cancer at 87. >> i had the great fortune to share life with a partner, truly extraordinary for his
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generation. a man that believed at age 18 when he met that a woman's work whether at home or on the job is as important as a man's. i became a lawyer in days when women were not wanted by most members of the legal profession. i became a lawyer because marty supported that choice unreservedly. >> joining us is betsey west, the director of the documentary "rbg." good to see you. thank you for being here. sorry it's under these circumstances. it is extraordinary they met in cornell as under graduates and got married right after they had a child and then i mean, ruth bade e er ginsburg could have r
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the child in those times. she chose to go to harvard law school and transferred ultimately to colombia. >> you know, her husband was in law school and actually she initially said that she wanted them to be together in law school. she turned out to be an extraordinary student. she was on the law review both at harvard and colombia and then she did have some discouragement trying to get the kind of job she really was trained to do. and she had a toddler at home and yet, she kept on. you know, when she faced discrimination against her as a woman, what did she do? she ultimately found a way to win equality and for all women, not just herself. extraordinary achievement. >> in the resilience that she showed, the struggle that she
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had with cancer, you know, it has gone on for so long. >> my goodness. >> the pain she's been in and yet continuing to work and keep a schedule that, you know, i couldn't keep up with. >> yeah, i mean, the sort of lost track of the number of cancer incidents and yet, she would bounce back. i mean, this was an extraordinarily determined woman. >> yeah. >> you know, energetic but the one thing i want to say is that she loved her job. you know, she loved the work and i think part of the determination was that. she felt she was making a contribution to her society and she wanted to keep doing it. one time we saw her on a friday night late into the afternoon in her chambers and when she said good-bye to us, she said back to the coal mine. and there she was going back to
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her desk to keep working. >> betty, if you're hold on a second. i want to bring in nina. your thoughts tonight on the loss that the court suffered and this country has. >> she was a historic figure. the chief justice roberts said that today in the court statement. he said our nation lost historic stature with the supreme court lost a cherished colleague. we mourn with few couruture gens will remember her as a tireless justice. she was all of that. betsey is right. she did love her job. she had planned in fact to retire and be replaced by a nominee of the first woman president because she really thought that hillary clinton
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would be elected. and fate dealt her the cards not that way and she just soldiered on and she played, i mean, she could have taught an nfl defensive end how to play hurt. i've never seen anybody play hurt. broken ribs, chemo, radiation, shingles, you name it, she endured it and continued to do the most incredible quality work. one of the last things she said, she dictated a statement to her daughter, her granddaughter and it said my wishes i will not be replaced until a new president is installed and by that, she meant a new president post election whomever that may be. she knew what was to come. her death will have profound consequences for the court and country. inside the court, the courts lost the leader of the liberal wing. chief justice john roberts no
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longer holds the controlling vote in some of the closely contested cases like about doca or the census where he casts a deciding vote, voting in those cases with the liberal justices or himself writing the court's opinion. he had a fifth vote anymore. in all likelihood, the court will either be at logger heads in a tie vote or republicans will be able to muscle through a nomination from president trump to replace ginsburg which is clearly something she didn't want. >> nina, i know you have to get to work. appreciate your time. >> bye. >> back with betsey west, the director of the documentary, "rbg." what was she like to be around?
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>> very soft spoken and very intimidating the first time i met her because she has that sort of quiet ora and yet, she had great sense of humor. she really did love to laugh, and i think also, you know, she was i think proud of what she accomplished. i had a modesty about how she wanted to be remembered and it's with this kind of modesty she said just as someone who did whatever she could with whatever limited talent she had to move society along in the direction she would like it to be for her children and grandchildren. >> it's an extraordinary documentary. what an amazing experience it must have been to have that time with her. >> yeah.
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no, it was and to get a sense of how she did just keep on going, i mean, one of my favorite moments filming the documentary and it was an honor to be able to tell her story is when we asked her with some trepidation could we film that legendary workout that we heard about she was working out with a trainer. we didn't know what to expect. we were surprised when he said yes. i have to say that being in that gym with her and her trainer brian johnson and seeing the focus and the determination that she was putting into keeping herself in good shape, i mean, she was a role model for older women and, you know, i thought afterward, well, yeah, she did let us film it. she was proud of it and why not? >> betsey west, thank you. appreciate it. we'll go to man knu next.
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if you thought this election was intense so far, it's just ratcheted up. >> yes, it's something we haven't seen in sometime. the question for republicans right now is will they move on a nominee? how quickly will they move on a nominee and from what we can tell and talking to our sources, moving on a nominee, getting someone confirmed to replace ruth bade er ginsburg before november will be difficult. there is not as much time as it would typically take. it's typically two to three months to get a nominee through the process, the paperwork, fbi background check and confirmation hearings, that takes two to three months but there could be enough time to get someone confirmed before the end of the year and that's significant because on november 3rd is the election. if the republicans lose control of the senate and white house, then there will be a change of
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power in january. there will be a lame-duck session of congress that would occur from after the election until january and the question is whether the republicans would be willing and would they move on a nominee in that lame-duck session. the question that we're hearing from republicans tonight is whether or not they would have the votes to move forward with someone and if they have the votes almost certainly they would move to confirm someone. mitch healthcare refo mimp mcelder mitch mcconnell made clear despite the decision in 2016 when he sat on president obama's replacement for scscalia, he sa that the voters decide in 2016 he left that vae kecant for alma year until president trump's replacement came in. mcconnell now says that that's different because there was a democrat in the white house and republican senate. there is a republican senate and republican white house. completely different situation. he's willing to move but only
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willing to move if he has the votes. the question is will he lose fewer than four republican senators? there is a 53-47 senate now and already lisa susan collins of maine said she does not want to move forward with someone before the new year. she would not support a nominee in a lame duck session. that means the republicans will have to determine, if they've lost colin ed this a lame duck session, maybe murkowski too. will they be able to stem their defectives to ensure that they could have a 51 senators to essentially confirm a nominee? at the moment, anderson, it's really a question of counting the votes, will the conference
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be there, will there be enough support to move forward, because if there is, almost certainly, mitch mcconnell will push ahead and that will cause this momentous fight. this could swing the court for generations and affect american's lives. >> you're saying the -- it normally takes 2 to 3 months for an fbi background check and paperwork. you're telling me if this white house wanted it badly enough, they couldn't fast track a confirmation process? >> they certainly could. and that would be harder to do. and it would put a lot of republicans in a tough spot. it's not without precedent to move someone that quickly. ruth bader ginsberg moved quickly through the confirmation process, that's a much different time than we're in now.
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more likely, it's to see if someone could be confirmed in a lame duck session. that adds all those complications that i just mentioned. at the end of the day, it's, are the votes there? >> really appreciate it. thank you very much. gloria borger. so much to talk about. your thoughts right now? >> weapon, i can get into the businessen teen politics and i will. there are some things i can add to what manu said. let me just say that this is a supreme court justice that most people in this country feel that they know one way or another. this is an iconic woman who matters a lot to women, women of my generation, women of a younger generation. a supreme court justice who -- her story, her success and the way she achieved it and the battles she fought for women mean a lot in this country. so you have the fight on one
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level in in the senate, and i'll talk about that, you also have another -- you have another playing field here and that is women in this country. this will one way oar another mobilize women. this was an important, she was an important person nor women in this country. i mean women stand in awe of her achievement. she told, according to nina totenberg who probably knows her better than any other journalist. she said she did not want to be replaced until a new senate was installed. i think those words might matter to some women if this is trying to get shoved through the united states senate. let me talk about that for a moment. mitch mcconnell will say, this is different from merrick garland, because there's a republican senate and a republican white house. and so he can play his kind of business an teen political games
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here, while this is very different, maybe i can't do it right now, i'll do it in a lame duck. what if the congress changes hands in a lame duck, what if the democrats take control of the senate and what is there is a new president? i mean, these are things the voters are going to have to look at and say, this is fair. ann caldwell sent me a great list of republicans on the judiciary committee who are up for re-election now. so you have the chairman, lindsey graham, you have a john cornyn, you have ben sasse, tom tillas, joni ernst, tough races, these are going to be tough fights, what are these republicans going to do. they're going to fall in line behind mitch mcconnell, maybe. but we don't know. >> we're going to take a short break, we're going to have a lot
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manu, mcconnell has a statement? >> the nominee to replace ruth bader ginsberg will receive a vote this year, that means a republican majority in the senate will try to confirm president trump's replacement no matter what happens in the elections. he doesn't specify a time frame, the question is exactly when that would happen.
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from what i'm told from republican sources, it's more likely to happen after november 3rd than before november third. there's a time period between november and january, a lame duck session of congress, in which the outgoing senate majority and outgoing president, if the president loses, will have a chance to pass some legislative business. at that point they may try to fly a nominee. ultimately the question for him is whether he has the votes. he can't afford to lose more than three republican votes, if he loses four republican votes, then there will not be someone confirmed. at the moment, there are several republicans concerned about moving forward, before the election, that includes lisa murkowski of alaska, chuck grassley of iowa as indicated in the past, some apprehension before the election, there are lots of republicans in difficult
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re-election races, typically a time frame for confirming a nominee takes between 2 and 3 months. it's highly unlikely someone could get confirmed before november, after november, it's possible, but that calculus gets complicated if the republicans lose the majority if the president loses re-election to joe biden and at that point, will other republicans say, the voters spoke, the new majority needs to come in and confirm a nominee? that is not the view of mitch mcconnell who says he will move forward to confirm someone, this is different than 2016 when he sat on president obama's nominee. let the voters decide, he's saying that's different because there was a democrat in the white house and a republican senate. he's going to put in order president trump's nominee before the end of the year. >> let's get analysis on thisp.

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