tv Americas News Headquarters FOX News September 19, 2020 11:00am-12:00pm PDT
oh wow. it's a female! ryan! looks like she's the alpha. typical! eat like an animal. devour. arthel: praise pouring on both sides of the aisle as we remember the life and legacy of ruth bader ginsburg who died yesterday at the age of 87 after long battle with cancer. one of the court's strongest liberal voices justice ginsburg leaves fight for equal rights of women. i'm arthel neville, hi, eric. eric: hello, everyone, welcome. you know judge ginsburg was appointed in 1993 by president clinton and she became american culture icon in her own right on sharp and pointed descents.
her death closest chapter in history of high court and also sets stage for epic bruising political battle because president trump is push to go pick her replacement before november election. fox team coverage kevin corke live with the latest reaction on the white house and chad berman, just have been holding a conference call on their strategy. let's begin with david spunt who is live at the supreme court where mourners since last night have been gathering paying their respects. david: hi, eric. you know, the supreme court is is traditionally a white building, not much color except the trees but so many different flowers and stuffed animals, pictures, people coming out to remember justice ginsburg, a shrine to remember her legacy, second woman appoint and second
woman to serve on the supreme court. she did so for more than 27 years. i've had a chance to speak to people who have come across the country to honor justice ginsburg. she wasn't known just in the united states, eric, she was known across the world and some of those people drove several hours to be here just to honor her legacy, listen. >> the legacy for our country and she did a lot for us especially lgbt rights and everything, just women's rights as well and she will definitely be missed. it's like a gut punch. >> i think that ruth bader ginsburg was a hero, an icon. i think she's such a great example for women and i have twin daughters who are growing up in a world that is so divisive. david: a few moments ago i spoke with washington delegate eleanor that met justice ginsburg when
she was judge ginsburg and i've had a chance to see justice ginsburg on the bench many time. watching in the courtroom she was actively involved eric and arthel. she wrote briefs in hospital rooms. she was reading some of those briefs from some of those cases because of covid the supreme court had to go virtual which was a big deal to do teleconferences and the justices not meeting in the famous building behind me but she was there on all of those phone calls and just a few weeks ago, eric, and arthel she officiated a wedding of friends, you see her smiling and doing that and two weeks on monday, october 5th, the justices will come back to open their session, to open their fall session, of course, it's going to be virtual but there will be a massive hole with only 8 justices and no ruth bader ginsburg, eric, arthel. eric: yeah, 4 to 4. she loved the law, david, thank you. arthel: eric and david meanwhile
president trump is now calling for republicans to move, quote, without delay in replacing justice ginsburg setting up showdown over the supreme court before the election. white house correspondent kevin corke has more on this angle, kevin. >> arthel, good afternoon, it's been clear from the outset from the what's perspective. it's a constitutional obligation to fill vacancy on the high court regardless of when that very congress might actually happen. and the president has said as much on twitter throughout the day, we heard his comments earlier. let me share his latest comment and again making the argument that this is an obligation frankly for the president himself and for his party. he said this, we were put in this position of power and importance to make decisions for the people who so proudly elected us. the most important of which has long been considered to be the selection of unites states supreme court justices. we have this obligation without
delay. indeed, a third u.s. president have appointed justices to the high court in an election year, but this particular vacancy as you know, arthel, comes of moment of great emotion and political strife in the country and as first lady melania trump points out, it's a time when the nation is reflecting on the legacy of a true giants of the court. she wrote this on twitter herself, justice ruth bader ginsburg passing is an immense loss, her spirit will live on in all she has inspired. my prayers are with her family and all who loved her, #riprbg. here is the press secretary kayleigh mcenany. kayleigh mcenany the person put forward on the american people and know where the president stands on not just what his justices would look like but exactly what their names are. you know, they are originalists
and textualists and the statutes and, you know, you know where the president stands for and i can't say that for every party. kevin: kayleigh mcenany harvard law grad been moving onto colombia. another harvard graduate, barack obama, the 44th president of the united states also out with a statement about the passing and keep this in mind. this is also a reflection of what happened to him back in 2016, arthel, he said this, 4 and a half years ago when republicans refuse today hold a hearing or up or down vote on merrick garland they invented the principle that the senate shouldn't fill an open seat on the supreme court before a new president was sworn in. he goes onto add, a basic principle of the law and of everyday fairness is that we apply rules with consistency and not based on what -- what's convenient or advantageous in
the moment. now, you and i will obviously hear this a great deal not just today but in the coming days. the senate majority leader mitch mcconnell makes the argument that back then that was a difference because you had a president from one party and a senate controlled by the other party. that is not the case in this particular circumstance. the senate is controlled by the gop, the president is a gop member and therefore they will move forward with a nomination in the days ahead. arthel. arthel: kevin corke, thank you. eric. eric: arthel, as kevin just said the death of justice ginsburg putting a heated spotlight in the senate facing the prospect of major bitter fight to replace her in high court. senate majority leader mitch mcconnell saying president trump's nominee will receive a vote on the senate floor but you know that's the stark reversal from what happened in 2016 following the death of justice antonin scalia when he blocked president trump and refuse today
hold hearings on judge garland. democrats calling foul. chad has the very latest, chad. >> they are going to forge ahead as quickly as possible. they did not give merrick garland a hearing in 2016, that has stuck in the crawl of democrats ever since. but mcconnell has been signaling for quite a while now that he would intend to move a nomination in an election year. listen to what he said earlier this year. >> if you're asking me a hypothetical about whether this republican senate would confirm a member of the supreme court to a vacancy that created this year -- >> before november? >> yeah, we would fill it. >> democrats believe the treatment of merrick garland in an election poisoned the well and mcconnell say it's different because they are of the same party now. supreme court neil gorsuch would have faced a filibuster in 2017.
but the confirm gorsuch, mcconnell executed a creative parliamentary maneuver to end all filibusters of supreme court nominees. and that's why the battle over justice brett kavanaugh was to toxic in 2018 and why democrats are in rage now. don os have given $46 million to democratic causes since ginsburg died last night. now to confirm any nominee here is going to come down to math. breakdown in the senate is 53 republicans and 47 senator who is caucus with the democrats, so they can only lose 3 votes there, probably to keep your eyes on 3 senators, mitt romney of utah, lisa murkowski of alaska and susan collins of maine. eric. eric: yeah, colins has the tight rate and murkowski cast doubt. arthel. arthel: justice ruth bader
ginsburg served 27 years on the supreme court, born from humbled beginnings in brooklyn, new york, her legacy as camp own -- champion of gender equality will live on when we look at the history of nation's highest court. carrie, former clerk to justice clarence thomas and president of the judicial crisis network. first of all, i want to offer deepest condolences to justice ginsburg's family especially to her children. we lost judicial power house and they lost their mother. carrie, tell us what impressions either directly or indirectly did justice ginsburg have on you professionally and personally? >> yes, so i had the pleasure of clerking for justice thomas in that time. got a chance to meet some of the other justices, justice ginsburg was so kind to invite to
chambers for tea and one of the legal giants that we are discussing, her husband, wonderful cook made banana cake for the occasion. really the beautiful hospitality. i've always been impressed by her strength as a mother as well, seeing what she was able to accomplish going through law school, not only with a young daughter but also helping her husband who was struggling with his own battle with cancer. this woman has beaten cancer on her own part so many times. she went to her own husband's law school classes and they graduated with flying colors and impressive, her subsequent career as well and the way she worked through all of the difficulties she had and the way she was a wonderful and gracious friend and colleague to those on the bench including those like justice scalia, her long-time close friend who she didn't agree with in the juries prudential sense but they were incredibly close friends personally and we can take a
lesson from that. arthel: absolutely, a little later eric will get into the political ramifications of justice ginsburg passing. i would like you to discuss why the second woman to serve in the highest court was such a judicial giant and american icon, who she was and how she carried herself. >> yeah, i don't agree with all of her decisions but you have to be impressed with tenacity and a time she graduated from high school and almost impossible to find a job similar to justice oconnor's. arthel: she's a woman. >> exactly. they thought she will not be working as hard and her husband is making a good living as a lawyer, we don't need to pay her as much. she was committed to make sure women had equal treatment in the -- in the employment context and that's something that all of us
benefit from today. arthel: absolutely, we thank her for that. listen, let's listen to justice ginsburg right now in her own words. this is on february 4th, 2015. >> people ask me sometimes, when -- when do you think it will be enough? when there's enough women on the court and my answer is when there are 9. [laughter] [cheers and applause] arthel: you have to admire her spunk. talk to us about how formative were descents and decisions to democratic issues specially civil and women's rights issues in american life as we know it today. >> well, yes, certainly she was especially in recent years has been a leader on the liberal wing of the bench and with the passing of justice john
stevensson in 2010 she became the ranking member to have liberal block on the bench in her leadership there in terms of signing opinions, helping to lead the coalition which really voted very, very closely in lock step is really impressive. she's known, of course, for her decisions in cases like the virginia military institute case where she forced that -- that institution to become coed so there's a lot of areas and obviously in the area of abortion, she's also a leading figure. not all of these are areas i would agree with her juries prudence but she has made major mark in american law. arthel: does the passing of justice ginsburg at this time present a judicial crisis? quick answer for me. >> right, i think we have a president who is elected based on his commitment to put constitutionalist, originalists
on the court and that's something that he's still committed to do and leader mcconnell shepherd two confirmations in the finish line. arthel: what's going to happen again? >> leader mcconnell, we've had two confirmations with gorsuch and kavanaugh that were challenging and that got across the finish line. i think we will see that happen again with this one but it certainly will be a hard fought fight. arthel: carrie, very -- thank yu very much. eric: the death of justice ginsburg shaking up the political last night. fires burning out west and up next how crews may finally be getting a relief from change of the weather and man oh man is
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state new york after deadly shooting overnight. police in rochester are searching for the gunman who killed two people and injured 14 others at a backyard party. alex hogan live in new york city with more. alex. alex: arthel, still a lot of questions when it comes to mass shooting in up state new york. police don't know if one person or if several people opened fire on this party this morning, but we know that two people are dead, man and woman between ages of 18 and 22. 14 others are injured and they were hospitalized. they are expected to recover. after midnight police found 100 people running for cover and state troopers helping a dozen gunshot victims. gathers are still banned because of covid-19 but there were no complaints or reports about the group until after the gunfire rang out. >> this is truly a tragedy of
epic proportions if you ask me. i mean, 16 victims is unheard of and for our community whose right now going through so much, deal with the tragedy needlessly for people who decide to act in violent manor is unfortunate and shameful. alex: mayor issuing a statement, so many lives impact bid the senseless act, but i'm asking everyone to exercise deep restraint, more violence will solve fog. the city of rochester roiled by weeks of protests for daniel prude, outrage after released body camera footage that shows officers restraining the 41-year-old who died a week later. the daily protests for weeks and allegations of a cover-up, amid call for justice many police department leaders stepping down or dropping ranks. in about 80 miles away in buffalo, new york another shooting at a street party. that one taking place around
3:00 a.m., 5 people were shot and at least 1 person is dead. now, both of these incidents are completely separate but the departments in both cities are urging anyone with information to come forward to lead to an arrest, arthel. arthel: alex hogan, thanks, alex. eric. eric: on the other side of the country exhausted firefighters, dozens of wild fires that continue to burn in california, oregon and washington state. so far 35 people have been killed in western wild fires in the past few weeks but, you know, there may be relief this weekend. thunderstorms hitting the pacific northwest and that will at least help clear out some of the dangerous toxic and smoky air that's engulfed the area. christina coleman live in monrovia, california with the latest. christina: hopefully the rain will help out in the pacific northwest. here in california is another hot and dry day.
i'm at the command post for the bobcat fire that's burning northeast of los angeles. this fire has exploded in size since last weekend and now burning more than 91,000 acres. now this is just one of dozens of fires burning out west hitting oregon, washington and california and bobcat has been ripping through the national forest and split 3 ways yesterday advancing north toward more communities and forcing more evacuations. it's also threatening historic mount wilson observatory. >> it's a historical landmark, communications and all the critical infrastructure that not only la relies on but much a lot of the local cities, communities and even the u.s. there's a lot of risk up here. christina: the fires have killed at least 35 people. yesterday the u.s. force honored the firefighter who died battling the el dorado fire in
san bernardino forest. the circumstances of the death has not been released. the fire started two weeks from a device at gender reveal party. in washington state, jacob and jamie highland are recovering in icu from their burn from the spring fire. their family shared picture holding hands. 1-year-old son died from the fire. they also lost their unborn baby >> it's very hard to say but my sister's pregnancy, she was 14 weeks pregnancy, her baby is in heaven. they look like they've been together for 30 or 60 years, not 3, and they're just -- love shines everything in their faces and their love is so strong and that's what's pulling them together. christina: now, as for the rain in the pacific northwest, hopefully it helps out and clears out the smoke and cool
things off, however, there are concerns that it can cause mud slides and flooding and thunderstorms, lights could spark more flames. we will have to wait and see but definitely some concern over that, eric. eric: that photograph of them holding hands with bandages from the burns burns is just so heartbreaking and compelling and vivid indication of the human damage from these types of fires. thank you. arthel. arthel: eric the sad news of judge ruth bader ginsburg can be potential race for the white house. how it could impact the 2020 election? that's up next. ♪
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some americans are already voting now. the president, of course, vows to get a nominee named and approved, griff jenkins is live in fayetteville with the very latest and talking to some supporters who are out there waiting hours earlier for the president to appear. hey, griff. griff: hey, eric, that's right. they've turned out here and they are ready as president trump makes fourth visit to north carolina this year. his third in the last 30 days compared to biden, he's made one trip to the state back in february and everyone here is very aware of the passing of justice ginsburg and you're finding some of the supporters, like i met this gentleman, josh flores. you have latinos for trump. we saw in florida president trump increased support amongst hispanics, what is the situation in tar hill state. >> it's looking better than ever. latinos will help turn the state red again in 2020. griff: josh, the news of justice
ginsburg, does do you think that impacts november's election? >> it's time to put a judge on there and actually control the country in a conservative way. i'm heartbroken of the passing of her, but i think now it's time to move into a better stage and it's time to overthrow one of the biggest thing in our history and that's roe versus wade. griff: all right, josh, i want to take you to meet lauren, first-time voter. you've never voted before, is that correct? >> yes, sir. i'm learning more about policies every single day. griff: what do you do? you're in school? >> space engineering student at north carolina state university. griff: what do you hope that president trump gets elected for your generation, for your field? >> i hope he will increase job market for early mornings and people of all bachelor's degree. griff: the passing of justice
ginsburg, do you believe that will impact the election? >> i'm not really quite sure and i'm not informed on how it could affect the election, but -- griff: thank you very much, i want to just work down here. one more gentleman here, jamie, where are you from in north carolina? >> johnson cross roads. griff: how about this justice ginsburg passing, would you rather him the rate? >> i would rather him nominate right now, get the seat if i would and get it over. griff: in 2016 the president won but he trails about the same 3.4. why do you think the president will look at north carolina? >> look at he's accomplished. i believe he will win the state hands down no problem. griff: there you have it, north carolinians have spoken. the president will be here in about 4 suspect and we suspect to hear a lot about the possible
nomination as people get fired up here. eric, back to you. eric: they are fired up and chanting out too. griff, thanks, arthel. arthel: joe biden is reacting to the death of justice ginsburg, the former vice president calling her an american hero, adding that her replacement should not come until after the election. hillary vaughn is live in wilmington, delaware with this. hi, hillary. >> hi, arthel, even though the passing of justice ginsburg has fundamentally changed the next 45 days, until the election day the biden campaign in wilmington today has no publicly planned events. they called 8:35 this morning but vp nominee kamala harris is in dc today and stopped by the supreme court this morning to pay respects but she also fired up a fundraising e-mail urging supporters to donate cash even before memorial services had been held for the late justice in the e-mail harris asked
supporters to chip in $25 and writes this, quote, to joe and me it is clear the voters should pick a president and that president should select a successor to justice ginsburg. democratic nominee joe biden actually presided as chairman of the senate judiciary committee over justice ginsburg's confirmation hearing in 1993 and last night biden reflected on his time with her. >> i got to meet her at the time and she went to supreme court. since then she has been absolutely consistent and reliable. reporter: biden wanting to wait until after the 2020 election to fill the supreme court vacancy is different than what he wanted in 2016 when he lobbied the senate to take up obama's nominee to the supreme court, merrick garland. biden told law students that when he was chairman of the
judiciary committee, quote, every nominee got a committee hearing and every nominee got out of the committee. biden has promised to appoint first black woman in court. >> we are putting together a list of a group of african-american women who are qualified and have the experience to be in the court. reporter: there's no telling at this point, arthel, who biden is considering or who he would pick if he got the chance to, but there are only 5 african-american women judges on federal appeals courts around the country and all of them are at least 68 years or older, arthel. arthel: hillary vaughn, thank you. eric. eric: well, arthel, the nation now gears up for one giant of a political fight over the future of the supreme court. john bosse, fox news contributor, john, it's already
turning sharp because the president, the majority leader push to go announce a nominee maybe even as early as next week and get the nominee approved before the election. democrats are saying no-go, what do you see happening in the next few weeks? >> well, mitch mcconnell and the president have a clear advantage here because the senate that confirms and it's the president that nominates, so it's possible that this could get done before the election. it might happen in the dame-duck session after the election takes place but before the new senate is put into office in the beginning of january. we have to see whether or not they want to push it through now. either way, you know, the president has the kind of advantage at this stage to have game because there's still several months before a new president takes office at the end of january, so one would think that either before the election or right after, if mitch mcconnell and president feel they have the votes in the senate they will move on this.
eric: meanwhile as you know, the final statement to granddaughter from the justice was this, my most fervent wish is that i not be replaced until a new president is installed. so she wanted to give this process time, you know, to play out. and may not get it quite obviously. >> right, that might have been her preference but politics are playing out here and the senate has advantage at the moment. mitch mcconnell would move ahead. the other advantage for the president is that this is something of a diversion right now from some political issues that he is having trouble with. the pandemic is with us still, we are at 200,000 americans dead. the mismanagement of the pandemic response by the white house has contributed to that and the economic problems that the country is in right now and
those were the talking points going into this week, but now a discussion of the supreme court and that might divert the attention of some voters. working against the president, though, if he nominates a conservative judge, eric, and the person is antiabortionist one would expect to be the case, dave of the cook report has analysis of this, more voters for trump, he had more support among voters who were -- were either leaning toward or had mixed view of pro-choice. in other words, more voters for trump in 2016 had a vote -- had a view toward -- had more favorable view for pro-choice than voters for hillary clinton had favorable view for pro-life. so there's a gap in there and the democrats may go after the gap and seek to get voters who supported trump in 2016 who have
a pro-choice attitude and don't like the fact that he's now going to be able to appoint a conservative judge to the supreme court. eric: we just heard from a voter standing in line at the trump rally talk about roe versus wade. two things, could another strategy to wait but doesn't seem that he can be, he could hold that out because you will get the type of justice that you want and finally, john, the leading candidate that's been named in the past, he said he potentially would appoint, amy coney barrett, conservative, catholic and called roe versus wade a, quote, erroneous decision. she lives in south bend, indiana, notre dame graduate and she is the type of jurist one would think that the trump forces would want in there. john: yes, and, again, that might work for the president. it might work against him given that some of his voters are not
-- not substantial numbers of voters in 2016 were actually pro-choice or leaning toward that. you know, i'm not sure, eric, how much this helps the president in terms of galvanizing more voters to come vote for him. he's already done that with his base. he has his base pretty much locked up. either way, whether he's elected or not elected, he's got this decision. he's got, you know, 4 months before he's out of october, october, november, december and most of january, so he has his decision whether he's in office or out of office. the bigger issue i think is for the senate, they have now 53-47 majority in the senate. there are a number of races that are very close. will the senate if it tips democrat in this election be inclined to support the president during a lame-duck session after the election but before the new senate is
installed. if they feel that the voters have signaled that they don't want the president putting somebody on the supreme court, that makes him even more inclined probably to do it before the election. eric: to get it done. you have to look at murkowski, susan collins, gardner. even before -- or after the election, so soon. all right, john. fascinating, we will be watching it all week. thank you. good to see you, arthel. arthel: eric, the gulf coast is picking up pieces after hurricane sally, a live report on the recovery efforts up next. ♪
the storm brought rains to coastal towns and flooding continues along rivers in alabama and florida. i want to bring in general, director of joint staff with the florida national guard, general, thank you so much for joining us. i just want to jump right in. if you could tell us what is most important at this time? is it searching for people who might be still missing since the storm, retrieving property from the rubble or from homes that are flooded that you can get into at this time, getting powered restored? if it's all of the above which is very possible, i'm sure, how are those efforts, general, being prioritized and tackled? >> arthel, at this point we are in the recovery phase, we mobilized 5,000 national guardsmen in florida to assist local authorities in the state with the response and initially we did do search and rescue recovery for the first 24 to 36 hours and to pull people out of
the high water. that's being completed and now we are really in full recovery and today really we are helping distribute basic food supplies and water in certain affected areas, but fortunately the communities are coming back strongly and the power is coming back on rather quickly in much of the originally affected areas, now have the power and the stores are opening up but some isolate areas where we are now distributing food, water and some other basic commodities and probably would do so for the next 24 hours, that's where we are right now. arthel: and, of course, you are trying to stay where you are right now in the present because folks do need help currently as you just outlined but you do have to look ahead because this is a. >> ,ive hurricane season, how do you prepare considering the conditions on the ground, how do you prepare on what could be looming ahead.
>> you know we have a lot of practice with storms and we have rather large force as well as states, agencies and first responders of the country and local areas that we are -- we have a rather large capability and capacity to handle the large storms and so this is -- while this was not as large as others, it's still allowed us to exercise what we are doing and we have, for instance, while we have 500 guardsmen deployed for this one, we have well over 10,000 to draw from and the state has done quite a good job to prepare in a covid environment, in fact, with preposition supplies and obviously very active area. we feel good -- arthel: that's good to hear you have what you need in terms of personality and equipment. how are the people holding up? >> they are doing well. as always it's amazing, the
folks are quite resilient. they live in an area prone to this and so they kind of understand that and it's amazing and very inspiring obviously to see the resiliency of folks and great attitude despite the disaster as well as the great sacrifice of the men and women of the guard as well as first responders who give so much actually to help their local community. arthel: and we thank them and we thank you, general, thank you so much for joining us, eric. >> appreciate it. eric: we know the number of coronavirus deaths in the country approaching 200,000 as we start to prepare the fall season and also means the flu season. straight ahead we will have an update to develop vaccine and updates on coronavirus over the next few months
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redfield warning on how to defend yourself and how others fight coronavirus this as we sadly reach nearly 200,000 americans who have died from covid-19 and more than 6.7 million infections. dr. nicole saphier is here. doctor, how about masks? wear them like this, don't wear this, don't do the old nose thing. it's not a chin mask, it's a full mask. is the doctor right? doctor: well, that's right, eric. unfortunately the politicization of this pandemic has forwarded basic efforts to lessen the spread of virus causing covid-19. not only do we have abundance of literature study, we have seen outbreaks occurring in densely populated where people are not wearing masks. so as we head into the fall months if you're not able to keep space between you and other people, you really should be wearing a mask, hand hygiene, washing hands a lot and don't touch your face and let's
remember to get flu shots. eric: we have been told for months but why is coronavirus spiking and increasing? doctor: you look at the areas where you're having outbreaks and a lot of them people are gathering indoors and bars perhaps and not wearing face masks and going to house parties. the large majority of americans are doing what they need to do, they are staying safe, they are wearing a mask when they have to and they are still keeping some level of social distancing but unfortunately you do have some areas where people aren't listening to that and this is a highly contagious virus. these people are asymptomatic or mildly symptomatic and still going out and infecting people. the president and the cdc are supportive of wearing mask when you can't socially distance. that's the message. we are all starting to congregate indoors, the virus is still out there and if we don't
continue certain measures we will have an uptick in transmission. eric: you go out and sometimes you see people at the mall with masks and sometimes the nose thing and you don't know. do you think it's to be really safe that you should have a mask even with social distance obviously, should you always -- depending if there's no people around. what's your advice? doctor: i only recommend wearing a mask if you're by other people. if you're outdoors by yourself you don't have to wear a mask. arthel: we will be back in one hour. stay here for the continuing coverage of the passing of w justice ginsburg but now a friend. still an electric car. just more electrifying. still a night out. but everything fits in. still hard work.
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paul: welcome to the journal editorial report. the death of justice ginsburg, the 87-year-old justice died friday after long battle with friday leaving supreme court without prominent liberal voice and setting stage over contentious fight over successor. here is the legacy of justice ginsburg and what her loss means to high court. shapiro at cato institute and publisher of cato supreme court review. new book supreme disorder, judicial nominations t