SO MY LAST NAME IS HAMPTON, AND
OUR FAMILY WE
>> PEOPLE WHO ARE FAMILIAR WITH
THE JUSTICE’ THINKING -- WE SHOULD CLARIFY WE HAVEN’T HEARD
SHOULD CLARIFY WE HAVEN’T HEARD
FROM JUSTICE BREYER.
HE’S MADE THE DECISION WITHIN
THE PAST COUPLE WEEKS TO STEP
DOWN AND HAS TOLD THE WHITE
HOUSE THEY’RE FULLY PREPARED NOW
TO TAKE THE NEXT STEPS THAT WILL FOLLOW.
AS YOU SAID, LESTER, HE HAS BEEN
REPEATEDLY URGED DURING THE PAST
TERM TO STEP DOWN WHILE DEMOCRATS CONTROL BOTH THE WHITE
DEMOCRATS CONTROL BOTH THE WHITE
HOUSE AND THE SENATE SO HIS
NOMINEE CAN BE CONFIRMED WHILE
HIS DEMOCRATS ARE STILL IN
CONTROL TO MAINTAIN THE CURRENT 6-3 SPLITS ON THE COURT, SIX
6-3 SPLITS ON THE COURT, SIX
CONSERVATIVES TO THREE LIBERALS.
THAT’S WHAT RETIREMENT WOULD DO.
ACCORDING TO PEOPLE WE TALKED
TO, SEVERAL OFFICIALS FAMILIAR WITH HIS THINKING, HIS INTENTION
WITH HIS THINKING, HIS INTENTION
IS TO RETIRE AT THE END OF THIS
TERM.
SOMETIMES WHEN JUSTICES STEP
DOWN, THEY SAY THEY’LL RETIRE AT A POINT WHERE THEIR SUCCESSOR IS
A POINT WHERE THEIR SUCCESSOR IS
CONFIRMED
CONFIRMED.
APPARENTLY HE’S DECIDED TO STEP
DOWN AT THE END OF THIS CONTENTIOUS TERM WHICH WILL BE
CONTENTIOUS TERM WHICH WILL BE
DOMINATED BY TISSUE OF ABORTION
WITH THE QUESTION OF VO V WADE,
GUN RIGHTS, RELIGIOUS FREEDOM
AND MANY OTHER HOT-BUTTON ISSUES.
IT WILL BE A BARN BURNER FOR THE
JUSTICES.
28 YEARS ON THE SUPREME COURT AS
ONE OF THE COURT’S LIBERAL
DEPENDABLE VOTES, ALTHOUGH HE’S VOTED WITH CONSERVATIVES WHEN IT
VOTED WITH CONSERVATIVES WHEN IT
COMES TO ISSUES OF
ADMINISTRATIVE LAW.
HE’S A FORMER FEDERAL APPEALS
COURT JUDGE, SERVED IN BOSTON AN BORN IN SAN FRANCISCO.
BORN IN SAN FRANCISCO.
PRESIDENT BIDEN SAID HE’S
COMMITTED TO NOMINATING A BLACK
WOMAN TO THE SUPREME COURT AND ALONG THE POSSIBLE NOMINEES, THE
ALONG THE POSSIBLE NOMINEES, THE
NAMES THROWN AROUND ARE JUDGE JACKSON, A FORMER BRAYEYER LAW
JACKSON, A FORMER BRAYEYER LAW
CLERK.
HE CAME TO THE SUPREME COURT IN
1984, SPENT 28 YEARS ON THE
COURT AND THERE WAS LOTS OF SPECULATION THAT HE WAS STEPPED
SPECULATION THAT HE WAS STEPPED
DOWN AT THE END OF LAST TERM.
HE SAID HE WOULD NOT, HE WANTED
TO STAY ON THE COURT.
HE WAS CONCERNED IN THAT
ENVIRONMENT, IF HE WOULD STEP
DOWN, IT WOULD MAKE THE COURT APPEAR TO BE TOO POLITICAL.
APPEAR TO BE TOO POLITICAL.
APPARENTLY HE’S MADE A DECISION
NOW THAT ENOUGH TIME HAS PASSED
THAT IT WON’T BE PERCEIVED THAT
WAY.
WE EXPECT AN OFFICIAL ANNOUNCEMENT WILL COME WITHIN
ANNOUNCEMENT WILL COME WITHIN
THE NEXT DAY OR SO, LESTER AND
THEN THE PROCESS WILL BEGIN OF
TRYING TO FIND SOMEONE TO
SUCCEED HIM.
>> PETE, I WANT TO CLARIFY THE TIMING A LITTLE BIT.
TIMING A LITTLE BIT.
YOU SAID THE END OF THE TERM.
WHEN I THINK OF THE END OF THE
TERM, I THINK OF OCTOBER.
OF COURSE, THE COURT TAKES A
BREAK IN THE EARLY SUMMER.
I GUESS THE POINT BEING THE
MIDTERM ELECTIONS LOOM LARGE
HERE.
>> YES, YOU’RE RIGHT.
AS A FORMALISTIC MATTER, ONE SUPREME COURT TERM DOESN’T END
SUPREME COURT TERM DOESN’T END
UNTIL THE NEXT ONE BEGINS, AND
THE NEW ONES ALWAYS BEGIN THE
FIRST MONDAY IN OCTOBER.
BUT AS A FUNCTIONAL MATTER, THE TERM REALLY ENDS IN JUNE.
TERM REALLY ENDS IN JUNE.
I THINK THAT’S THE EXPECTATION,
THAT HE WOULD STEP DOWN AT THE
END OF THE TERM -- HEN THE COURT
IS FINISHED HANDING DOWN
DECISIONS IN EITHER LATE JUNE OR
EARLY JULY.
>> PETE, I’LL ASK YOU TO STAND BY.
I WANT TO GO TO OUR CAPITOL HILL
REPORTER GARRETT HAAKE.
GARRETT, AS PETE NOTED, THERE’S BEEN SOME PRESSURE CERTAINLY
BEEN SOME PRESSURE CERTAINLY
FROM DEMOCRATS FOR THIS DECISION
TO COME DOWN WELL BEFORE THE
MIDTERMS.
HAS THIS WORD BEGUN TO CIRCULATE
ON THE HILL?
WHAT ARE THE EXPECTATIONS GOING
FORWARD?
>> Reporter: MEMBERS OF CONGRESS
OUT THIS WEEK, BUT WHEN THEY
COME BACK NEXT WEEK, THIS WILL
BE TOPIC ONE. THIS WILL BE A BITTER
THIS WILL BE A BITTER
CONFIRMATION SITE ALMOST CERTAIN
REGARDLESS OF WHO PRESIDENT
BIDEN NOMINATES.
IN 2017 REPUBLICANS CHANGED THE
RULES FOR SUPREME COURT JUSTICES SAID THEY COULD BE CONFIRMED
SAID THEY COULD BE CONFIRMED
WITH A BARE MAJORITY, 51 VOTES.
THE LAST THREE CONFIRMED DURING PRESIDENT TRUMP’S TENURE HAD 54,
PRESIDENT TRUMP’S TENURE HAD 54,
52 AND 53 VOTES BETWEEN THEM.
WITH DEMOCRATS CONTROLLING JUST
50 VOTES, EVERY DECISION WILL BE CRITICAL, CONFIRMATION HEARINGS
CRITICAL, CONFIRMATION HEARINGS
WILL BE CRITICAL AND THE
TIMELINE WILL BE RELATIVELY
SHORT, AS YOU SAID, TO GET THIS
DONE BEFORE THE MIDTERMS.
I EXPECT THIS WILL BE, AGAIN,
THE ISSUE IN THE SENATE SIDE ONCE THEY’RE BACK IN TOWN.
ONCE THEY’RE BACK IN TOWN.
I EXPECT A BITTER CONFIRMATION
FIGHT AHEAD, LESTER.
>> WILL REPUBLICANS HAVE MANY
MECHANISMS ASSUMING DEMOCRATS STAND TOGETHER, WILL REPUBLICANS
STAND TOGETHER, WILL REPUBLICANS
HAVE ANY MECHANISMS TO SLOW THIS
BUS DOWN IF NOT STOP IT?
>> ABSOLUTELY.
WE’VE SEEN DELAYS TACTICS USED
BY THE MINORITY TO SLOW THE PROCESS DOWN.
PROCESS DOWN.
IF ALL 50 SENATE DEMOCRATS
STAYED TOGETHER, THERE WON’T BE
ANYTHING REPUBLICANS CAN DO TO
STOP IT.
YOU LOOK AT SOMEBODY LIKE JOE
MANCHIN WHO VOTED IN FAVOR OF -- I BELIEVE ALL THREE OF PRESIDENT
I BELIEVE ALL THREE OF PRESIDENT
TRUMP’S SUPREME COURT
NOMINATIONS, PERHAPS
CONSERVATIVES MIGHT LOOK AT HIM
AS SOMEONE THEY CAN PEEL OFF.
WE KNOW DELAYING TACTICS ONLY WORK SO WELL.
WORK SO WELL.
DEMOCRATS TRIED TO SLOW THE AMY
CONEY BARRETT NOMINATION DOWN IN
LEAD UP TO THE LAST ELECTION.
THAT WAS A RECORD-BREAKING
CONFIRMATION, JUST 30 DAYS FROM
NOMINATION TO CONFIRMATION.
>> GARRETT, THANK YOU.
I’LL ASK YOU TO STAND BY AS
WELL.
I WANT TO GO TO NBC NEWS WHITE
HOUSE CORRESPONDENT PETER ALEXANDER.
THIS WOULD SET UP THE PRESIDENT
TO BE ABLE TO FULFILL A CAMPAIGN
PROMISE AND THAT’S TO NOMINATE A
BLACK JUSTICE.
>> NO FORMAL COMMENT FROM THE WHITE HOUSE AT THIS TIME.
WHITE HOUSE AT THIS TIME.
THAT IS ONE OF THE HEADLINES
THAT WE’LL BE REFOCUSING ON OVER
THE COURSE OF THE NEXT SEVERAL
WEEKS, THE PRESIDENT SAYING HE WOULD NOMINATE THE FIRST AFRICAN
WOULD NOMINATE THE FIRST AFRICAN
AMERICAN JUSTICE TO THE SUPREME
COURT.
IT’S LIKELY HE WOULD BE LOOKING FOR A YOUNGER JUSTICE.
FOR A YOUNGER JUSTICE.
EACH OF THE LAST SEVEN
This is a potential opportunity
to really put some legacy. His legacy into the laws that
His legacy into the laws that
relates to the court. Obviously
the balance still 63 in favor
of the conservatives. The next the oldest justice right now is
the oldest justice right now is
Justice Clarence Thomas who
is 73 years old. But were this
to play out over the course of
the next several weeks. The
president would helped by the
fact that his chief of staff is Ron Klain Klain has been
Ron Klain Klain has been
playing a pivotal role in terms
of these confirmations for
Democratic administrations over
the course of the last 3
decades. He worked side by side
in the counsel’s office here at the White House under President
the White House under President
Clinton for the selection of
routes. Gator Ruth Bader
Ginsburg. Several decades ago
and it is the nomination and her death in the last couple
her death in the last couple
of years. It really has been
a provider of PTSD for many
Democrats. The fear that justice briar may stay on the
justice briar may stay on the
court until there was no longer
a Democrat in office. The
concern being that by having
having done that justice
Ginsburg allowed for Donald
Trump to nominate Amy Coney Barrett for that role that she
Barrett for that role that she
now serves on the court at this
time of the White House pushed
back initially against those
calls for pressuring briar
saying that it would politically effectively
politically effectively
undermine the court and was not
the way to go. So this is news
that will be welcomed by the
White House. And at this point,
still no formal comment from
them about any plans
going forward.
>> All right, Peter, thank you for me to die. Just quickly
for me to die. Just quickly
clarify the president made the
commitment to nominate a
African American woman has as a
justice on the Supreme Court.
I want to go now to the phone. Former federal prosecutor.
Former federal prosecutor.
An NBC News analyst Chuck
Rosenberg joins shot kind of
set up for where we go from
here.
>> Sure. an interesting
development but not terribly
surprising.
If justice retires and is by a selection by
selection by
President Biden. The overall
sort of ideological split on the court will not change one
the court will not change one
iota a it is generally speaking
a 63 conservative majority
court. The liberal wing of
which justice briar is an
important part shrunk with the passing of justice, Ruth
passing of justice, Ruth
Bader Ginsburg if he retires
and he is It will still be a 6 to 3 split on the Supreme
to 3 split on the Supreme
Court.
>> Has a check as the of
nominating and confirming as
that process of change for over the last few years of as to how
the last few years of as to how
it works and and the political
winds.
>> I think it has less or I
think that’s an excellent question. You’re just on my
question. You’re just on my
I’ve been looking at past
confirmation hearings. And if
you go back many years,
many decades, a lot of the justices were elected by or I’m
justices were elected by or I’m
confirmed, I
should say, by a significant
majority is support from both
parties. And I hate to say it and I hope I’m wrong. But that
and I hope I’m wrong. But that
seems very much to be a thing
of
the past. We have closely
divided Senate a 5050 right
now with the vice president of the
United States, perhaps a
casting the tie
breaking vote. As is her
constitutional duty and obligation. I wouldn’t be
obligation. I wouldn’t be
surprised to see a vote right
at that margin. Lester, I
imagine acrimonious hearings
for anybody, anybody that
President Biden nominates to
justice prior.
>> Chuck Rosenberg, thank you.
Let me go back to Garrett hake
on the
Hill. Garrett, I kind of have
to assume that the Senate has
been playing, you know, members of Democrats and Republicans
of Democrats and Republicans
have been kind of a what if
game on this for some time.
>> That’s absolutely right.
Lesser. And you know, he he mentioned can touchy Brown
mentioned can touchy Brown
Jackson misses federal judge
who was nominated to fill
the seat vacated by Merrick
Garland when he became attorney
general. I think that’s one
of the names that’s been most bandied about remember, that
bandied about remember, that
was back in the South Carolina
primary quite some time.
Ago that then candidate Biden
made this promise to nominee an
African American woman to the
Supreme Court. Should the
opportunity present itself, the federal
present itself, the federal
judiciary has only so many
people who fit that
description. And so I think
we’re operating from a
relatively short short list. It will be incumbent on the
It will be incumbent on the
Judiciary Committee that’s led
by Illinois senator Dick Durbin
to move quickly on confirmation
hearings. We saw a little bit
of this over the last couple weeks where a single member of
weeks where a single member of
the Senate being out for a time
period with covid. Even a minor
infection can stop sending
Democrats from doing any of the business they need to do on
the business they need to do on
narrow majorities so speed will
be of the essence here once the
hake, thank you. We will have
much more on this breaking
news. The retirement of Supreme
Court Justice Steven