Transcript for Remembering Justice Ruth Bader Ginsburg
For more than 25 years, supreme court justice Ruth Bader Ginsburg served on the high court. Her passionate dissents wide ranging. I bring in Dan Abrams, Sarah Fagen and Terry Moran. And Terry, we're going to start Ruth Bader Ginsburg was an absolute giant. How will she be remembered? As a towering figure in there's no question about it. You know, you call her a giant. The word that occurs to me, there was this wonderful contradiction about her. She was diminutive, a legal intellect and force of character that helped her change American society through the law. She saw the problems in the law. Ridiculous discrimination, barriers of discrimination against women and men. She said they made no sense, and she developed a strategy to knock them down. Then when she got on the supreme court, she took that same long, strategic view and a broad view of equality and liberty. And in the early years was able to join opinions and advance that causena the leadership position as well. In the later years, in fierce dissents, she's calling out to the future, saying this is not the way the conservatives are going. So her legacy is phenomenal. It is something that helped to change America. Sarah, this tends to be a fierce political fight. Lisa murkowski has already said she will not vote for a supreme court nominee until after the inauguration. How much pressure does this put on other senators, either moderates or in tough reelection fights to not vote for a nominee before January? I certainly think this is going to be a debate that plays out over the next week. I don't expect, though, that this vote won't go forward. I think many people believe strongly that one of the biggest reasons Donald Trump was elected in 2016 was because he was so forward-leaning on the courts. It's where the base of Republican party thinks the most important issues lie. And so I don't think many of these Republican senators will agree with Lisa murkowski. There will be some. There will be pressure in states like Colorado and certainly, Maine, with Susan Collins, who's battling a tough race because of her vote for Brett Kavanaugh. So I think it will be a discussion, but ultimately, leader Mcconnell came out very early tonight and said this vote will go forward. It will go forward before the election. So I suspect it will. And Dan, rbg's death clearly tips the balance on the court if she's replaced by a conservative. Is roe V. Wade under threat of being overturned? Absolutely. This is a fundamentally different kind of appointment than the other two that Donald Trump has had thus far, where you're replacing Scalia and even Kennedy and you get a little more conservative with Kavanaugh than with Kennedy. But you're still in the same ballpark. If Ruth Bader Ginsburg is replaced by any of the people that Donald Trump has announced he's considering, you're talking about a sea change on the court, yes, it is likely that roe versus wade would be overturned but you're talking about voting rights, immigration, health care, et cetera. I think you're going to see a real change on a lot of the 5-4 opinions. The fundamental question will be how much does the court care about the fact that they've already or recently ruled on a lot of those issues. And Terry, Mitch Mcconnell was singing a very different song about five years ago when president Obama was considering, had the chance to appoint someone to the court. What kind of world will we wake up to tomorrow now that that justice has passed? It's power that counts. Elections have consequences. The Republicans are in the presidency and senate, the constitution says that's who gets to choose justices. I expect this vote to go forward as well. As that supreme court changes as it will if president trump succeeds. The swing vote is likely to be Brett Kavanaugh, if you can imagine that. Ruth Bader Ginsburg's legacy is something they will all have to reckon with, because she changed the country that they will preside over. Terry, Dan, Sarah, thank you all so much.
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