IMMIGRATION FACILITIES AS EARLY AS TODAY.
AS TODAY. >> KRISTEN WELKER, THANK YOU.
>>> CHUCK TODD IS WITH US HERE
IN NEW YORK TO TALK ABOUT THE
POLITICS OF THIS.
FROM WASHINGTON, WE HAVE TOM
GOLDSTEIN, A LAWYER WHO
SPECIALIZES IN SUPREME COURT
LITIGATION.
LITIGATION. HE’S ALSO THE FOUNDER OF THE
AWARD-WINNING SCOTUS BLOG.
GOOD MORNING TO YOU.
>> MORNING.
>> MORNING. >> TOM, YOU GOT THE SUPREME
COURT WIRED.
COURT WIRED. I KNOW YOU KNOW EVERYTHING THERE
IS TO KNOW ABOUT IT.
FOR FOLKS WHO DON’T FOLLOW IT AS
CLOSELY, EXPLAIN WHY THIS
PARTICULAR RETIREMENT IS SUCH A
BIG DEAL.
BIG DEAL. IN THE PAST, YOU’VE HAD A
LIBERAL REPLACING A LIBERAL.
CONSERVATIVE REPLACING A
CONSERVATIVE.
CONSERVATIVE. THIS HAS THE POTENTIAL TO
RESHAPE THE COURT.
>> THAT’S EXACTLY RIGHT.
JUSTICE KENNEDY IS THE VOTE IN
THE CENTER.
THE CENTER. HE’S A CONSERVATIVE.
BUT ON QUESTIONS OF, DO YOU
PERMIT AFFIRMATIVE ACTION, CAN
SAME-SEX COUPLES GET MARRIED,
HE’D JOIN WITH THE LIBERALS
SOMETIMES.
SOMETIMES. NOW, PRESIDENT TRUMP AND
CONSERVATIVES HAVE THE CHANCE TO
MAKE A REALLY SOLID FIVE JUSTICE
CONSERVATIVE MAJORITY THAT COULD
CHANGE THE LAW IN THOSE AND
OTHER AREAS.
OTHER AREAS. >> TOM, I THINK THAT’S THE ISSUE
FOR A LOT OF PEOPLE.
THEY LOOK AT THE ABORTION
RULING.
RULING. THEY LOOK AT THE GAY MARRIAGE
RULING.
RULING. DEPENDING ON WHERE YOU SIT,
YOU’D LIKE TO SEE SOME BIG
CHANGE THERE.
CHANGE THERE. IS IT POSSIBLE THE COURT COULD
REVERSE THOSE DECISIONS?
>> WELL, ANYTHING IS POSSIBLE.
TECHNICALLY, ROE V. WADE COULD
BE OVERRULED.
BE OVERRULED. EVEN IF IT ISN’T, IT COULD BE
CUT BACK A LOT.
CERTAINLY, AFFIRMATIVE ACTION IN
HIGHER EDUCATION IN PUBLIC
SCHOOLS COULD BE ELIMINATED.
YOU COULD HAVE MORE RESTRICTIONS
ON VOTING RIGHTS CLAIMS,
EMPLOYMENT DISCRIMINATION
EMPLOYMENT DISCRIMINATION CLAIMS.
CLAIMS. EVEN THOUGH THE SUPREME COURT IS
VERY CONSERVATIVE, IT STILL HAS
A LONG WAY IT COULD GO FURTHER.
>> CHUCK, LET’S TALK ABOUT THIS
NOMINATION PROCESS NOW.
SENATE MAJORITY LEADER MITCH
McCONNELL SAYS WE’LL HAVE A VOTE
BY THE FALL.
CHUCK SCHUMER AND OTHER
DEMOCRATS SAY, LET’S PLAY IT BY
YOUR RULE FROM 2016 AND SAY WE
HAVE TO WAIT UNTIL AFTER THE
ELECTION BEFORE THIS NOMINEE IS
VOTED ON.
VOTED ON. WHAT’S THIS NEXT THREE, FOUR
MONTHS GOING TO LOOK LIKE?
>> I THINK IT IS GOING TO BE
EXTRAORDINARILY UGLY.
EXTRAORDINARILY UGLY. I THINK YOU HAVE A BUNCH OF
SENATE DEMOCRATS STILL ANGRY AT
HOW THE SUPREME COURT OPENING,
THE SCALIA SEAT, WAS HANDLED IN
’16 AND ’17.
I THINK THERE’S GOING TO BE SOME
FORM OF ATTEMPTED REVENGE, BUT I
DON’T KNOW WHAT THAT IS.
I DON’T KNOW OTHER THAN BEATING
YOUR CHEST AND JUMPING UP AND
DOWN, WHAT MORE CHUCK SCHUMER
AND SENATE DEMOCRATS CAN DO.
THAT SAID, I DO THINK IT IS
INTERESTING HERE.
INTERESTING HERE. MITCH McCONNELL WANTS TO MARCH
FORWARD.
FORWARD. YOU COULD MAKE A CASE
POLITICALLY, IT’D BE BETTER FOR
THE REPUBLICANS TO HAVE THE OPEN
SEAT ON THE BALLOT.
NOTHING RALLIES THE RIGHT LIKE
AN OPEN SEAT.
>> BUT THERE IS A GAMBLE.
>> RIGHT.
>> RIGHT. >> IF THEY LOSE THE SENATE.
>> IF THE LEFT WAS ENERGIZING
PEOPLE, SAYING, I’LL VOTE IN THE
MIDTERMS.
MIDTERMS. NOW I CARE BECAUSE I SEE WHAT
THE STAKES ARE.
I MEAN, YOU ONLY NEED 51 VOTES
TO CONFIRM A SUPREME COURT
JUSTICE NOW.
JUSTICE NOW. I MEAN, IS THERE REALLY ANY
SUSPENSE?
SUSPENSE? >> SURE.
>> SURE. I THINK SUSAN COLLINS IS GOING
TO CARE WHAT THE JUSTICE HAS TO
SAY ABOUT ABORTION.
I THINK JEFF FLAKE IS A WILD
CARD, A RETIRING SENATOR,
THREATENING TO BLOCK SOME
JUDGES, ALL THREE REPUBLICANS.
HE COULD GUM THINGS UP.
LET’S SAY MUELLER HAS NEW THINGS
COMING OUT.
COMING OUT. HE COULD BE SOMETHING THAT GUMS
THINGS UP.
THINGS UP. REMEMBER, WITHOUT JOHN McCAIN’S
VOTE SITTING THERE, THEY CAN
ONLY LOSE ONE VOTE ON THE
REPUBLICAN SIDE AT ALL AND STILL
HOPE TO GET THERE.
YES, THERE WILL BE SOME PRESSURE
ON DEMOCRATS, LIKE JOE MANCHIN.
IN NORTH DAKOTA AND INDIANA,
THERE WILL BE PRESSURE THERE.
THOSE WILL BE, I THINK, THE SIX
SENATORS THAT WILL FEEL THE MOST
PRESSURE.
PRESSURE. >> TOM, YOU SAID LAST NIGHT, I
BELIEVE IT WAS, THAT THIS
NOMINEE COULD GET 56 VOTES IN
THE ACCEPT GNAT.SENATE.
WHEN DO YOU THINK THE VOTE WILL
TAKE PLACE?
TAKE PLACE? IS THERE ANY CHANCE THIS NOMINEE
IS NOT ACTUALLY SAT ON THE
BENCH?
BENCH? >> WELL, I THINK THERE IS A
CHANCE, IF SOME UNEXPECTED
DISCOVERY CAME OUT.
BUT THIS LIST HAS ALREADY BEEN
VETTED PRETTY WELL OVER THE PAST
COUPLE OF YEARS.
I THINK THAT YOU’LL GET TO THAT
NUMBER OF VOTES IN ALL
LIKELIHOOD.
LIKELIHOOD. WHEN DEMOCRATS REALIZE THEY
CAN’T BLOCK THE NOMINEE UNLESS
THERE’S SOME GREAT SURPRISE,
THEN THE DEMOCRATS RUNNING FOR
OFFICE RIGHT NOW IN STATES THAT
TRUMP CARRIED REALLY HAVE NO
REASON NOT TO GO AHEAD AND VOTE
FOR THE PERSON.
I DO THINK YOU’LL SEE SOMETHING
WHERE IT IS NOT A RAZOR THIN
VOTE IN THE END.
>> TOM GOLDSTEIN, ALWAYS GOOD TO
HAVE YOU.
HAVE YOU. CHUCK, YOU, AS WELL.
THANK YOU SO MUCH.