WEDNESDAY NIGHT. >>> GOOD EVENING ONCE AGAIN FROM
OUR NBC NEWS HEADQUARTERS HERE
IN NEW YORK.
THIS WAS DAY 524 OF THE TRUMP
ADMINISTRATION.
ADMINISTRATION. AND THIS, ACCORDING TO OUR
FRIEND THE HISTORIAN JOHN
MEACHEM WAS THE DAY THE AMG OF
RONALD REAGAN OFFICIALLY ENDED.
IT WAS THE DAY SUPREME COURT
JUSTICE ANTHONY KENNEDY
ANNOUNCED HIS RETIREMENT.
AND BEFORE WE GO ON HERE, JUST A
FEW THINGS ABOUT ANTHONY
KENNEDY.
KENNEDY. HE’S BEEN ON THE COURT FOR 30
YEARS.
YEARS. HE WAS REAGAN’S THIRD CHOICE
AFTER THE FIRST TWO FAILED.
IN THE END, REAGAN WENT WITH A
NORTHERN CALIIFORNIAN, A
CONSERVATIVE, TO BE SURE, BUT
WITH A LIBERTARIAN STREAK.
CLASSICALLY TRAINED AT STANFORD,
LONDON SCHOOL OF ECONOMICS AND
HARVARD LAW, KENNEDY EMPLOYED AN
EFFORTLESS INTELLECT AND A
RESPECT FOR LIBERTY.
HE WAS NEVER SHOCKING.
HE WAS SOMETIMES SURPRISING, BUT
HE WAS MOSTLY A HIGHLY RELIABLE
CONSERVATIVE.
CONSERVATIVE. IT SHOULD NOT BE FORGOTTEN THAT
DURING THE SUPREME COURT TERM
THAT JUST ENDED TODAY, 14 CASES
WERE DECIDED BY A 5-4 VOTE.
KENNEDY VOTED WITH THE
CONSERVATIVES EVERY TIME.
AND NOW COMES THE FIGHT OVER
WHAT WILL BE DONALD TRUMP’S
SECOND JUSTICE ON THE COURT.
THE REPUBLICANS IN THE NAME OF
MITCH McCONNELL JAMMED UP AND
HELD UP OBAMA’S COURT CHOICE TO
WAIT EIGHT MONTHS FOR THE
PRESIDENTIAL ELECTION.
PRESIDENTIAL ELECTION. .
. NOW THE DEMOCRATS, WHO ARE THE
MINORITY IN THE SENATE, WANT TO
WAIT THE FOUR MONTHS UNTIL THE
VOTERS DECIDE THE MAKEUP OF THE
NEW U.S. SENATE.
WELL, TONIGHT, PRESIDENT TRUMP
SPOKE TO SUPPORTERS AT A
CAMPAIGN-STYLE RALLY IN FARGO,
NORTH DAKOTA, WHERE HE PRAISED
JUSTICE KENNEDY AND SPOKE ABOUT
THE IMPORTANCE OF THIS
REPLACEMENT.
REPLACEMENT. >> JUSTICE ANTHONY KENNEDY, A
VERY SPECIAL GUY, ALSO JUST
ANNOUNCED A LITTLE WHILE AGO HIS
RETIREMENT FROM THE UNITED
STATES SUPREME COURT.
AND I’M VERY HONORED THAT HE
CHOSE TO DO IT DURING MY TERM IN
OFFICE, BECAUSE HE FELT
CONFIDENT IN ME TO MAKE THE
RIGHT CHOICE AND CARRY ON HIS
GREAT LEGACY.
GREAT LEGACY. THAT’S WHY HE DID IT.
AND REMEMBER THIS, SO WE HAVE A
PICK TO COME UP.
WE HAVE TO PICK A GREAT ONE.
WE HAVE TO PICK ONE THAT’S GOING
TO BE THERE FOR 40 YEARS, 45
YEARS.
YEARS. WE NEED INTELLECT.
WE NEED SO MANY THINGS TO GO --
YOU KNOW, THERE’S SO MANY
ELEMENTS GO INTO THE MAKING OF A
GREAT JUSTICE OF THE SUPREME
COURT.
COURT. YOU’VE GOT TO HIT EVERY ONE OF
THEM.
THEM. >> FOLLOWING JUSTICE KENNEDY’S
ANNOUNCEMENT TODAY, PRESIDENT
TRUMP SPOKE AT THE WHITE HOUSE
AND SAID THE PROCESS TO FIND HIS
REPLACEMENT WOULD BEGIN
IMMEDIATELY.
IMMEDIATELY. HE SAYS HIS REPLACEMENT WILL
COME FROM A LIST THE WHITE HOUSE
HAS COMPILED OF MOSTLY
CONSERVATIVE JUDGES.
CONSERVATIVE JUDGES. EARLIER TODAY, YALE LAW SCHOOL
PROFESSOR AKILA MAHR SPOKE TO
ALI VELSHI ABOUT THAT LIST AND A
SUPPOSED SWING VOTE POSITION ON
THE SUPREME COURT WITHOUT
JUSTICE KENNEDY.
JUSTICE KENNEDY. >> I’M A DEMOCRAT, BUT THE LIST
IS A DISTINGUISHED LIST AND EVEN
IF THE PERSON PICKED IS TO THE
RIGHT OF JUSTICE KENNEDY ON SOME
ISSUES, SOME OF THEM ARE
ACTUALLY HIS FORMER LAW CLERKS,
THAT WOULD ONLY MEAN, FRANKLY,
FROM JUST A POLITICAL SCIENCE
PERSPECTIVE THAT THE MIDDLE OF
THE COURT SHIFTS TO JOHN
ROBERTS.
ROBERTS. IT DOESN’T SHIFT ALL THE WAY TO
THE FURTHEST RIGHT PERSON ON THE
COURT.
COURT. THAT’S THE NEW SWING JUSTICE.
THERE WILL ALWAYS BE A SWING
JUSTICE, IT’S JUST WHERE THAT
SWING HAPPENS.
SWING HAPPENS. AND JUST TO REMIND EVERYONE,
JOHN ROBERTS IS A VERY GOOD MAN.
>> HE H WENT ON TO POINT OUT
CHIEF JUSTICE JOHN ROBERTS SIDED
WITH THE LIB RAT COURT JUSTICES
TO PRESERVE OBAMACARE.
NOW ALL EYES TURN TO THE U.S.
SENATE AND THE EXPECTED
POLITICAL CONFRONTATION OVER
WHOMEVER THE PRESIDENT CHOOSES.
PHIL RUCKER REPORTS TONIGHT THAT
BOTH DEMOCRATS AND REPUBLICANS
WILL USE THE SUPREME COURT VA
CANDY AS A RALLYING CRY.
QUOTE, THE ALREADY FEROCIOUS
NOMINATION BATTLE IS LIKELY TO
CLARIFY THE CHOICES FOR VOTERS
IN SENATE RACES ACROSS THE
COUNTRY, STRATEGISTS SAID.
AND IMPACT OTHER CONTESTS DOWN
THE BALLOT.
THE BALLOT. AND EVEN IF REPUBLICANS INSTALL
A REPLACEMENT FOR KENNEDY BEFORE
THE NOVEMBER ELECTION, THE
DEBATE IS STILL LIKELY TO THRUST
TO THE FOREFRONT, ISSUES THAT
HAVE LIKELY BEEN OVERLOOKED ON
THE CAMPAIGN TRAIL UNTIL NOW.
SENATE DEMOCRATS ARE GEARING UP
FOR A BATTLE, BUT EARLIER TODAY,
THE SENATE MAJORITY LEADER GAVE
THIS CRYSTAL CLEAR MESSAGE ON
THE SENATE FLOOR.
>> WE WILL VOTE TO CONFIRM
JUSTICE KENNEDY’S SUCCESSOR THIS
FALL.
FALL. >> THERE YOU HAVE IT.
LET’S BRING OUR LEADOFF PANEL
FOR THE AFOREMENTIONED PHIL
RUCKER, THE WHITE HOUSE BUREAU
CHIEF FOR "THE WASHINGTON POST,"
BARBARA McQUAID, FORMER U.S.
ATTORNEY FOR THE EASTERN
DISTRICT THE STATE OF MICHIGAN.
AND WE’RE THRILLED TO HAVE TOM
GOLDSTEIN WITH US, WHO HAS
ARGUED 41 CASES BEFORE THE
SUPREME COURT.
SUPREME COURT. HE IS ALSO PUBLISHER OF SCOTUS
BLOG, WHICH COVERS THE COURT.
ADDITIONALLY, HE’S A LECTURER
FOR HARVARD LAW SCHOOL IN HIS
SPARE TIME.
SPARE TIME. HOW BIG WAS THIS TO WITNESS IN
REAL TIME?
REAL TIME? HOW BIG WILL THIS BE?
GIVE US 50 YEARS AS WE LOOK BACK
AT THE SCOPE OF AMERICAN
JURISPRUDENCE.
JURISPRUDENCE. >> WELL, IT’S REALLY IMPOSSIBLE
TO OVERSTATE.
TO OVERSTATE. WHAT YOU’RE LOOKING AT HERE IS
THE JUSTICE WHO REALLY WASN’T SO
MUCH A SWING JUSTICE, BUT HE WAS
A FIFTH VOTE FOR THE LEFT ON
SOME CRITICAL THINGS, LIKE
ABORTION, AFFIRMATIVE ACTION,
GAY RIGHTS.
GAY RIGHTS. AND THAT VOTE NOW WILL GO A STEP
TO THE RIGHT.
AND SO THE BIG BARRIER TO MAKING
A BIG LEAP TO THE RIGHT IN
AMERICAN CONSEQUENCE
AMERICAN CONSEQUENCE CONSTITUTIONAL LAW AND OTHER
ISSUES IS NOW GOING TO BE GONE.
AND YOU’RE GOING TO GET SOMEBODY
WHO’S MUCH MORE LIKE A NEIL
GORSUCH WHO WE GOT THIS TERM.
SO IT’S A PIVOT POINT, AND IT’S
ONE THAT WE WON’T GET TO COME
BACK THROUGH AGAIN FOR AT LEAST
ANOTHER QUARTER CENTURY, GIVEN
HOW LONG PEOPLE STAY ON THE
COURT.
COURT. >> PHIL RUCKER, THE PRESIDENT’S
RESPONSE WAS CLOSELY WATCHED
TONIGHT.
TONIGHT. TELL US ABOUT THE DONALD TRUMP
YOU SAW ON DISPLAY AND THAT PART
WE JUST AIRED ABOUT HOW KENNEDY
DID THIS NOW BECAUSE OF HIS
CONFIDENCE IN DONALD TRUMP TO DO
THE RIGHT THING.
>> WELL, BRIAN, THERE WAS A LOT
OF CHEST THUMPING FROM PRESIDENT
TRUMP.
TRUMP. THAT’S TO BE EXPECTED.
THIS HAS BEEN AN EXTRAORDINARILY
POSITIVE COUPLE OF DAYS FOR HIM.
THE TRAVEL BAN WAS UPHELD
YESTERDAY, AND THEN TODAY HE HAS
THIS TREMENDOUS GIFT IN THE
VACANCY ON THE COURT THAT HE’S
GOING TO BE ABLE TO FILL.
AND HE DESCRIBED IT AS AN
OPPORTUNITY FOR HIM.
BUT HE ALSO TRIED TO USE IT AS A
RALLYING CRY FOR REPUBLICAN
VOTERS IN THE MIDTERM ELECTIONS.
HE SAID THAT THE VACANCY OF
KENNEDY ON THE COURT MAKES THE
SUPREME COURT AND THE BATTLE FOR
CONTROL OF THE SENATE THE MOST
IMPORTANT ISSUE OF OUR TIME.
HE WENT ON A TEAR ABOUT HEIDI
HEITKAMP WHO AT ONE POINT WAS
HIS FAVORITE DEMOCRAT IN THE
SENATE.
SENATE. HE BROUGHT HER ON THE ROAD LAST
TIME HE WAS IN NORTH DAKOTA.
BUT TODAY HE WENT AFTER HER ON
ISSUE AFTER ISSUE AFTER ISSUE
AND WARNED HIS BASE VOTERS THAT
IF YES LET DEMOCRATS TAKE
CONTROL OF THE SENATE, AND IF
THEY HAVE A SAY IN WHO REPLACES
JUSTICE KENNEDY ON THE COURT,
THINGS COULD BE VERY BAD FOR
THEM.
THEM. >> BARBARA, I’M CURIOUS TO HEAR
YOUR TAKE ON WHAT’S AT STAKE
WITH THIS NOMINATION THE
PRESIDENT GETS TO MAKE.
>> WELL, I THINK ONE OF THE
REALLY KEY ISSUES THAT’S LIKELY
TO CONFRONT THE COURT IN THE
COMING YEARS IS THE ABORTION
QUESTION, ROE VERSUS WADE.
IS THERE A CHANCE IT COULD BE
OVERTURNED?
OVERTURNED? I DON’T KNOW.
AS TOM SAID, WE HAVE JUSTICE
ROBERTS NOW AT THE CENTER OF THE
STORM HERE.
STORM HERE. AND HE HAS ALWAYS SAID THAT
STARE DECISIS, THE IDEA THAT YOU
RESPECT THE PRECEDENCE THAT CAME
BEFORE IS IMPORTANT TO HIM.
AND SO YOU WOULD THINK THAT HE’S
UNLIKELY TO WANT TO REVERSE ROE
VERSUS WADE, BUT AS PRESIDENT
TRUMP SAID IN THAT CLIP YOU
PLAYED, THIS JUSTICE HE WANTS TO
NAME IS LIKELY TO SERVE FOR 40
TO 45 YEARS.
SO EVEN IF IT DOESN’T HAPPEN
WITH THE NEXT MAKEUP OF THE