tv The Rachel Maddow Show MSNBC September 21, 2020 6:00pm-7:00pm PDT
bad for the court. >> yes. >> always great to hear from you. thank you very much for making the time. >> thanks, chris. >> that's "all in," "the rachel maddow show" starts right now. >> good evening, chris. thank you at home for unijoinins at this hour as the number of americans who have died from coronavirus hit 200,000 this week. americans did what we could to mark that landmark number. these folks went to the white house, stand outside the fence they got there. trump lied, 200,000 died. these few folks went to trump's golf courses at palm beach, "trump lied, 200,000 died." their shirts, "voting matters".
people are finding their own way to mark 200,000 of us dead in six months. there has not been a government response to this at all. any government commemoration we can see, maybe not yet or they'll do something? the president is just planning mor more rallies as 200,000 people died. at the national cathedral yesterday, they told of what they called their morning bell. it is huge, makes a huge sound. that bell weighs 12 tons. yesterday starting at 5:00 p.m. eastern, they rang that bell 200 times. one time for each 1,000 americans who have died so far with covid. at central park yesterday, they held a march with banners that
said "march for the dead, fight like hell for the living." americans are having to make up these commemorations for ourselves. however we can and however we do among ourselves and our civic groups and family groups and local groups. i mean 200,000 of us dead. more dead than any in the country. the government is not taking notice, maybe hoping to not make too big of a deal of it. pay no attention of the 200,000 coffins with americans in them. as we hit that milestone in terms of americans dead and as we head out of the summer and fall and colder weather. the data from the covid tracking
project from john hopkins are not good. that shows 33 states of the number of new cases this week is higher than last week. 33 out of the 50 states. that data shows that there are only five states right now that are crushing it in terms of test positivity. this is what proportion of your test produce positive results. this is the metric that tells you if you are doing enough test. you want to be under 1%, there are only five states that have a test positivity rate that's under 1% right now. they're all in the northeast, maine, vermont, new hampshire,
new york. that's all states of positivity rates lower than 1%. in this environment where we have got still tens of thousands of new cases everyday and most states things are getting worse and not better. as we head into the fall and winter and colder weather, it is unnerving in this environment that we keep on getting worse and weirder screw ups from the cdc. the world's gold standard public health agency but as nancy pelosi puts it in her interview with chris hayes under the trump's administration they succeeded and essentially discrediting the cdc. the cdc gave into the trump administration. the latest happens on friday, the cdc posted new advise on their website about how covid is
transmitted and how you can get it not just from somebody accidentally spitting on you and they cough or sneeze, the cdc guidance posted on friday, know that you can get it through the a air, of droplets or partiblclesn the air. in july, more than 200 experts wrote to the w.h.o., that method of transformatimission should b explored and explained carefully. if this virus hangs on in the air after people breathe or
shouts then six-feet between people is not enough and being inside may be a way to transmit the virus. now, the w.h.o. concurred with those experts opinion and engaged with science. before friday, the cdc have not said anything about it. on friday, they posted this new stuff on their website without saying anything about anyone. nobody noticed until cnn yesterday posted a story about this new language on the cnn's website. once cnn did that, the cdc took it down and said they did not mean to put that is on their website and it was all a big mistake. >> it is not supposed to happen at a public health organization and let alone the one that's the world's gold standard. with the way the cdc has been pushed around and had their scientific work corrupted and shocked up and delayed and
changed by the trump administration to meet trump administration political realities. nobody knows who is to believe anymore when it comes to their public health advise including from the agency that used to be the best in the world. their credibility has been dragged down to the level of the trump administration because they allowed themselves to be k corrupted by the president and the white house. as we are trying to survive this pandemic, and as we try to figure out what to do, we meddle through, we try to read the science ourselves and figure it out as best we can and we even try to hold our own commemorations to mark hundreds of thousands of our fellow americans being killed. we are doing this stuff ourselves. the government is not.
and that also holds for a lot of things in our country right now. >> tonight we'll talk to one of the founders of the indivisible movement. they were a key part of mobilizing the democratic getting out the votes in 2018 right after the brett kavanaugh's confirmation. that was just the 2018 elections and in the 2018 elections. democrats flipped the house and took control and made nancy pelosi speaker again. this movement proven to be trump's specialist. we'll talk to one of the
founders tonight. we'll speak with senator elizabeth warren. nobody is being blunt or hiding the ball here. president trump told the fox news channel this morning that he wants the justice confirmed quickly specifically so that justice on the supreme court will vote to keep him in power in the election results he's planning on contesting in november. the president said this morning on the fox news channel "we should act quickly because we are going to have election things involved here because of the fake ballots they'll be sending out." >> the president is talking openly about wanting to confirm the supreme court justice before the election so that supreme
court justice can vote on the court to give him the presidency because the president already says the election is in valid. the way president trump is already talking how he's going to choose justice ginsburg's successor is the best evidence about why justice ginsburg felt the way we know she felt about the process of choosing her successor on the court. this interview with justice ginsburg's granddaughter was posted today on bbc. >> i asked her if there is was anything she wanted to say to the public to anyone that was not out there. she said there was. and i pulled out my computer and she dictated that the following sentence to me.
my most fervent wish that i will not be replaced until a new president is installed. i read it back to her. and she added the rest of my work is a matter of public record. that's all she added. >> to whom that statement was dictated. speaking to the bbc today about hearing that from her grandmother, her grandmother asking her to record that. otherwise she said my work is a matter of public record. republican senators who in 2016 were absolutely unequivocal about how principle they are and how supreme court nominee should not be confirmed or voted on if a court vacancy arrives in an election year. they're all saying hey, forget that. let's ram this threough.
we are seeing that from senator grassley and senator graham. so far only lisa murkowski have said that the republicans should stick to the rule that they set in 2016 and not vote to confirm the nominee before the election. the republicans breaking all their own rules and flat out making this power grab even though they said explicitly they would not do it. we'll talk about democrats trying to stop them. is there something to learn from the woman who's passing brought it on. when the case about the virginia military institute came up to the supreme court in the mid-90s. that was a high profile case with a lot of emotions around it. there was a real worry about whether the supreme court could definitively rule on that case. the question of whether vmi would have to start admitting
female cadets och. that means there is got to be nine justices considering the vmi case. there were eight. which case the supreme court's ruling would not affect anything and a lower court ruling would still stand then vmi's position would be precarious. it is a real possibility on a heated and high-profile case. the vmi case came up before the court. it did not end up being a 4-4 decision. it ended up being 7-1 with justice ruth bader ginsburg writing for the majority. estimates of what is appropriate for most women. no longer justified and denying
opportunities for women, placing them outside the average description, notably she says. virginia never asserted vma's method of education suits most men either. in 2017, roughly 20 years after that, justice ginsburg went to vmi to talk about the impact of that decision to give them a chance to hay their eyes on her. justice ginsburg at that event talks about justice scalia. >> this is a face of a female cadet. >> i came here and they had female leaders since the first class graduated.
they have had these pioneers. >> reporter: ginsburg was only nine women in her harvard law class of 500 had that in charlestcommon with the first woman setting foot. scalia says the decision would kill vmi. >> i know it would make vmi a better place. a cadet presented ginsburg with gift back in 1997. she received a letter. you can see her wearing it from the audience. >> the one enclosed was my mother. she's dead now. we want you to have it in an abstract way, you will be mother of vmi's first succeeding women graduates. >> that was given to the mother
of vmi's cadets when they graduated. 20 years on allowing women to tour the vmi. joining us now is our former law clerk for justice ruth bader ginsburg. >> thank you for being here. thank you for your time. >> nice to be here. >> as you see the whole country talking about ruth bader ginsburg. the country has been thinking about her and talking about her for a long time. now in the wake of her passing, thinking about what's going to happen on the court and thinking of the legacy that she leaves, i want to talk to you about i wanted to know from somebody who
worked so closely with her. what do you think of her legacy and what do you they the rest of the country do not know? >> i think the country do know a lot of her legacy now thanks to the notorious rbg and the documentary and certainly the way that she strategically brought women's rights, cases before the supreme court as a young aftpplicant was tremendou. establishing equality in a world that had not been really done before. >> that's a piece of legacy that most people found. i think later in life as the court became more, as the moderates of the court, kennedy
o' conner left the bench and the high court became more conservative, she really exercised her dissenting voice in a way that's extremely powerful. speaking to the public in a way they can understand her and would inspire them to act. i think her exercising that new voice was tremendous. the last thing i would say, you know, she sort of stepped out of her own personality a bit which was quite reserve and quiet and never seeking the lime light and
you know reluctantly agreed to be apart of a documentary and at a time the world was grieving. >> the country just admired her so, around the country speaking at schools and with her constitution and inspiring all generations and i think that was a wonderful side of her that developed later in life. >> part of the reason i want to talk with you, lisa, is vma opinion was so important and i know as a clerk you are involved, obviously everybody knows how important that was. i wonder in the terms of strategic thinking and her thinking of the constitution, if there is something for us to
learn from in terms of her scholarships and her role in important opinions like the way she approached big, heated conversation fights. it strikes me now looking back at that it was 7-1. it was not 4-4 . she was able to bring about something big with unlikely allies and a place where people absolutely thought there would be a deadlock. does that give us any strategic opening in terms of thinking about what happens now with her succession on the court. >> i will answer the first part of your question and i think you are right on. that was not a slam dunk of a 7-1 opinion when that case came to the court. and vmi have done everything it could to not go keep women out.
you know one of the things she did in that case was to highlight how unique that institution was and citizen soldier and huge alumni, four-star generals. it was a unique institution. that concept was important in terms of understanding why equality demanded that women should have access to this opportunity and i think that helped may be convince more of her conservative colleagues to join a women's rights reform for the first time.
she's a very careful writer. she thinks a great deal about, stating their opinions of the case from seeniorseniors. she really listened to each thoughts and hold a big majority. she felt it was very important in that case. the other thing she did was to looked at justice o' conner, the language and previous opinions and found the phrase, when a state wants to have a gender classification and exclude women, they would have to have an exceedingly justification in doing that. and so she sort of gently
elevated the hurdle and gender equality cases. >> lisa, thank you so much for talking to us tonight. i feel like part -- i feel like her legacy, as a thinker at the time many are thinking. thank you for helping us understand it. >> my pleasure, rachel. thank you for having me. >> all right, we have much more ahead tonight. as you know justice ruth bader ginsburg having passed on friday, there will be memorials and those who are affected in terms of covid and how much that's all going to be and how many people are going to be allowed in person to pay their respects and where that'll happen. we do at this point expect that
she will be laying in state at the u.s. capitol and i believe that will make her the first woman to ever lay in state at the u.s. capitol ever. >> much more ahead tonight. senator elizabeth warren joins us next. stay with us. elizabeth warren js us next. stay with us no tomatoes.. [hard a] tonight... i'll be eating four cheese tortellini with extra tomatoes. [full emphasis on the soft a] so its come to this? [doorbell chimes] thank you. [doorbell chimes] bravo. careful, hamill. daddy's not here to save you. oh i am my daddy. wait, what? what are you talking about? (vwith your next new vehicle? what kind of value are you looking for with subaru, you get kelley blue book's 2020 best resale value brand, 2020 lowest 5-year cost to own brand, and most trusted brand for 6 consecutive years.
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his men believe they can ram through a supreme court justice only 45 days from the election. 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 congress. as soon as donald trump was
sworn in and republicans have control of the house and senate and the white house, they said we are going to repeal the affordab affordable act. we'll repeal healthcare coverage for millions of americans and they lost again. that was the vote in 2016. now they're trying again through the court. this november, the affordable care act will be in front of the united states supreme court. they'll have to decide if it is constitutional and what donald trump and mitch mcconnell are hoping if they can get another justice 5-4, they may now be able to flip 5-4 the other way, denying millions of people access to healthcare and cutting out people who have diabetes or cancer or people who had serious
preexisting condition. that's just a start of what's at stake here. >> do you believe that roe v. wade will be over turned if a tru trump nominee is put on court. this is something we are worried about for 20 generations now. it seems to me that the mask is unequivoc unequivocal. >> he says he'll only no, ma'am mate justices he believes will over turn roe. >> that's a sure thing, the right to abortion will disappear the first time they can get a case up there to do it. >> i think it may be. that's why we need to fight. >> this is about women's health carrie. this is about women's ability to make a decision, over our own bodies. we heard from senators who says
they're not voting anyone who have not made it clear that they're over turning row verses wade. understand on healthcare on row verses way. >> on the right to june a union and on gun safety and everyone of these issues. the republicans have tilted the supreme court and they want to tilt it further so it does not reflect the values of the majority of americans. most americans want to see row verses warow ver roe v. wade preserved. we want to see our dreamers protected. yes, by carefully filtering who
gets the first seat. what donald trump and the republicans plan to have that court imposed of the american people. that's not who we are and not the america we want to be. >> what do you think within the ars ars arson that senator democrat, chuck schumer have said nothing is off the table if they force through this nomination, if they get it done. >> what options do you think you have tactically in order to stop them from doing what they want to do. as he said everything should be on the table. we'll use every thing we have gotten. understand this, think back the
affordable care act twice in 2017. i still remember. when donald trump was sworn in, i went home that night, this is it. they can repeal the healthcare by next friday. sure enough, they roll through that repeal in the house of representatives. did you remember that, rachel? they celebrated and high-fives. what to celebrate about taking healthcare away from tens of millions of people. what happens? enough people across the country made their voices heard. enough people showed up, mamas with complex medical needs, people in their wheelchairs rolled up. people who said my voice will be heard in this congress.
we did that together for tens of millions of people. look at where we are now? we are in the middle of a pandemic and republicans want to take away healthcare? they want to make covid a preexisting condition. this is not right. this is not who we want to be as people. the biggest tool is the people in this country who make their voices heard. >> senator elizabeth warren of massachusetts. that point on which you ended is the exact place i am in terms of thinking about it tactically as well. that's the key in siesights her. this is not a washington game, it is a national game. this is a fascinating time to be in the center of it. thank you for being here with
us. happy to have you here. >> all right, we got much more ahead, the person who organized the protest that senator warren was talking about there. stay with us. introducing the all-new 2021 gla suv. starting at just $36,230. it's the biggest thing that ever happened to small. lease the gla 250 suv for just $399 a month at your local mercedes-benz dealer.
i want you to use my words against me. if there is a republican president in 2016 and a vacancy occurs, then the last year of the first term you can say lindsey graham says let's let the next president to make that nomination. you can use my words against me and you would be right. >> if an opening comes and the last year of president trump's term and the primary process started, we'll wait until the next election. i have got a good chance -- >> you are on the record. >> hold the tape.
nev senator graham says he's happy to go ahead with plans to fill this vacancy in the supreme court, never mind what he said in the past. lindsey graham's predecessor grassley confirmed he too now supports filling the vacancy as soon as possible in starke contrast to what he said. i want to ask about it in 2016 and 2018. >> people deserve to be heard and they should be allowed to be decided for the next president of the type of person they should be on the supreme court. as i stated previously. this is a reasonable approach. it is a fair approach. >> you can't have one rule for democratic president and another rule for republican president. >> yeah, that's an interesting concept. that sentiment was echoed in a
letter addressed to lindsey graham today. there could not be one set of rules for a republican president and one for the democratic president, we urge you to adhere to your own words and you won't consider any nominees until after the next president is inaugurated. regardless of how many of them publicly committed to that kind of an approach. it seems like republican senators written large after no compunction whatsoever about going back on their own words on this. >> how do you move forward? joining us now is rhode island, members of the judiciary committ committee. senat senator whitehouse.
thank you for being us. >> republicans do not seemed to be bothered about being called hypocrit hypocrites. how did that affect how you and your colleague be observe this fight. why all the hypocrisy and why has mitch mcconnell eliminated legislation in the senate. why all of the secrecies and the attacks. it points to the operation that's been run for some sometime that unfortunately we d democrats have not paid enough attention to. the biggest behind the republican party wants to control the court. they want that more than anything else. that's why they stuck through brett kavanaugh and that's why
they blew out garland gorsuch. pho pho so, focus on that ought to give us some leverage and help clue in on the american public. these are not colleagues that are doing it because of their nature. >> senator, you have been in trumtal and trying to talk about the dynamic at work for judicial nomination throughout the federal court systems. explain why mitch mcconnell have prioritized nomination. what do you think the public
should understand about the real forces here. what's the way that you pitch this and el gator pitch for americans who don't understand thr and who are we calling the shots here? >> in tboth of them like to kw r quarrel about it. the feedback the batter is a maul group of big donor interests powered up by citizens united dark money. has now the power to pull strings and to drive behavior and they determine they want to control the clerk. the clerk as senator warren says we'll do undemocratic things. >> we'll do things that legislatures would never vote for, for instance, unlimited
money and to politics and corporation. nobody would vote for that. >> at this point it goes up to 80, and we learned at the worse ones but we missed the pattern. there is a pattern here and there is an organization behind it. >> and pe won't take that on, we are make a huge trick humanismi. >> you will be roigt in the heart of the swiek. >> indeed. >> thank you for being here. >> up next, something we have been talking about over the ours of this hour. the only thing that's known to work, it feels like democrats don't have to power to stop them. >> one thing that does work is the tusubject of our next segme. .
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the republican plan to repeal obamacare, to repeal the affordable care act in 2017 would have resulted in more than 20 million americans losing their health insurance. just like senator warren was saying earlier this hour, in 2017 with republicans in fresh control of the white house and the house and the senate, it absolutely seems like a done deal that they would pass a law to take away health insurance from tens of millions of people. but then something started to happen. the constituents of these members of congress, they started showing up big to tell them to abandon that bill and that plan. people held die-ins on the ground, people held sit-ins in the lobbies of their senator's district offices. grass roots organizers channelled all that fear and worry and human outrage and
turned it into constructive action. and it worked. the republican plan which was absolutely a done deal to scrap the affordable care act that died in the senate without enough republicans to support their own party's bill. that's the idea behind this behind of organizing. the idea is not to pressure congress, but for people to push their own senators and their own members of congress individu individually. find out who your member of congress is, put their office on your speed dial. hold up signs outside their office windows. be relentless. pressure works. it worked in 2017 to help save the affordable care act when nothing else in politics says it should have worked. now with this next big fight underway, indivisible is breaking out that fight as well. ezra, it is nice to see you. thanks for being here tonight.
>> great to be here tonight. >> so we have been talking tonight with a couple of democratic senators and others about what tactics are available to the democrats to try to stop trump from putting a nominee on the court before the election. those are washington-centric questions. should we see this as a washington-centric fight, or is this one of those fights that's going to happen all over the country? >> yeah. the sad fact of the matter is that mitch mcconnell and the republicans have the power to appoint a new justice, to confirm a new just dis. they can, indeed, do that. remember, as we discovered, they had the power back in 2017 to repeal the affordable care act. the reason why they didn't do that was because people showed up, like you said, all throughout the country to tell their individual senators, represent me. that's what's got to happen right now. look, there have been 200,000 deaths from covid. and mitch mcconnell now, after doing nothing for months and months and months can't move
fast enough by appointing another justice. but the good news is mitch mcconnell is not master of the universe or even master of the senate. in fact, he has to coral all of his patriots in the senate to actually vote with him. and if you can count to four, you can figure out our legislative strategy. we need four senate republicans to vote for the rule of law, to actually vote to uphold the constitution and protect the courts in the long term. and we got two already. we got susan collins and lisa murkowski. we need two more. this will be a hard fight, but it's not an impossible fight, and that's why we're in it. >> talk to me about your tactical strategy. obviously one of the key insights that you and your colleagues brought to bear on the fights of the early trump presidency was this idea that even if you have a democratic senator or even if you have got a relatively progressive or moderate member, if you want to stop the conservative program in the congress, you have to target
your own member. you have to target the person who sees you as a constituent to not just vote the right way but to hold the line to create the sort of wall that's going the be needed to stop the conservative from doing what they want. is it the same approach here or do you want everybody in the country to call corey gardener, to call one of these other senators who could potentially be the decisive vote here? >> yeah. it is a great point, rachel. so you shouldn't call joanie ernst. that's because mitch mcconnell and joanie ernst don't care what you think. it is just the fact that we live in a representative democracy. and that means your representation in congress are your two senators, your representatives. it is important to use your power, your constituent power to focus on your own representatives. if you are looking on what to do, if you are focussed on this
and worried about the future of your republican, i am too, there is power you have in this moment. individual 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. capital. we're not advising people to make the trip out to the u.s. capital to go to that event. we are asking folks and individual groups are bringing flowers or momentos 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 friday, after you show up in person at your own congressional district office, on saturday we are doing a national phone bank to flip the senate. we had more voter contacts than literally ever before in the history of indivisible on a single day the day after ruth bader ginsburg passed away. we need to flip the senate so
that we can confirm a justice that can live up to the legacy that ruth bader ginsburg lived up to. >> the coexecutive director of indivisible. thanks for being here helping us understand what you are doing. appreciate it. >> thank you so much, rachel. >> all right. we'll be right back. stay with usment back. stay with usment . ♪ don't know what it is ♪ ♪ get a dozen double crunch shrimp for one dollar with any steak entrée. only at applebee's. tonight, i'll be eating a veggie cheeseburger on ciabatta, no tomatoes.. [hard a] tonight... i'll be eating four cheese tortellini with extra tomatoes. [full emphasis on the soft a]
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more dangerous and corrupt president than trump. he's harming our basic values, giving rise to hate, and he's selling out america to big corporations. i'm working to protect immigrants, women, communities of color, and lgbtq people. and i'm making corporations like pg&e and insurance companies play by our rules. we need experienced leadership to wipe away trump's stain on america for good. that is going to do it for us tonight. i'll see you again tomorrow night. but now it is time for "the last word with lawrence o'donnell". >> i'm so glad you began with a former clerk of justice ginsburg because she was so lucky. she was so, so lucky. i think that's what we were all