tv Your World With Neil Cavuto FOX News June 27, 2018 1:00pm-2:00pm PDT
>> we will begin our search for a new justice of the united states supreme court that will begin immediately. >> our republican colleagues in the senate should follow the rule they set in 2016 not to consider a supreme court justice in an election year. senator mcconnell will tell anyone that listened that the senate had the right to advise and consent. that was every bit as important as the president's right to nominate. >> neil: the battle is on. so are we. justice anthony kennedy is leaving the supreme court. that's got everybody plotting. it's our biggest issue today. it's our only issue this hour. it is that important right now. welcome, everybody. i'm neil cavuto. this is "your world." get ready for a summer to remember as the supreme court justice is getting ready to hang up his robe.
we've got you covered with joe lieberman on the very big battle to come. religious leader bob vanderplaid said the holy war yet to come and rand paul on whether any of this gets done. first, to shannon bream at the supreme court where the search is now on. hi, shannon. >> this is an interesting day. the term closed out, closed it up and said see you back october 1. no hint of any retirements. what we didn't know, anthony kennedy made up his mind. he wanted to talk to president trump before issuing a simple letter to the president and went public. he said please permit me to express my gratitude to confirm to the mandates and promises of the law. he has been a swing vote. he doesn't like that term but he's been a key in the 5-4 decisions.
many in landmark consequences, even in the last week. over time we think about him being a key vote in cases involving abortion, lgbtq rights. he's been celebrated by those camps. they're lamenting fact that he's going to be gone. they're worried about the person that the president will pick. other unhappy with neil gorsuch. now the president getting another seat in the senate. a number of reaction. we've heard from chuck schumer. they don't want the seat filled. they said they'll do what they can to block it but there's limits to what they can do. senator harris out of california, viewed as progressive and liberal said this. she says we should not vote on confirmation until they have voted at the ballot box. she said the president's list of potential nominees are complete nonstarters. we cannot and will not accept them to serve on the highest
court in the land. the president has prepared a list of 25. not clear how she plans to stop them. as long as this is done before the mid-terms and the republicans maintain at least a 51 vote margin there in the senate, it's going to be tricky for democrats have have anything to do with shutting this down, neil. >> neil: this i do know, you'll have a long, long day. you've had one. i can't wait till your show tonight. thank you very much, shannon. great work. >> thank you. >> neil: john roberts is in the white house where this went down. the president is optimistic that he will move very quickly on this. john? >> the president has done a lot of leg work on this, neil. last year, i think probably sometime in the spring and later on in the fall, the president released a list of a number of names for which he would draw a nomination from the supreme court. conservative groups are very happy with every name on that list. we talked with kerry sevrenson.
she said we're pleased that the white house has a list of justices that we don't have to worry about. she said she could throw her support behind any of the people on the list. the president, when he was meeting with the president of portugal in the oval office paying the expected tribute to justice kennedy who he said had come down to see him and spent about a half an hour talking with him. listen here. >> justice kennedy will be retiring. he's a man that i've known a long time and a man that i've respected for a long time. he's been a great justice of the supreme court. he's a man who is displaying great vision, displayed tremendous vision and tremendous heart. he will be missed. he will be retired. >> the president said in the oval office that nominating a person to the supreme court is one of most important things a
president can do. short of sending troops to battle, it is the most important thing. the president has an opportunity to cement a 5-4 majority for years to come. clarence thomas is 70 years old. could serve ott 10, 15 years. you look at justices gorsuch and roberts, they're relatively young. they could serve for potentially a generation. the two leading candidates the president is looking at, justice cavanaugh from the d.c. circus and justice bare wrote from the seventh circuit, leading candidates for men and women, barrett is in her mid 40s and cavanaugh is 53 years hold. the president has to take the list of 25 and narrow it down to a single person. the president said that discussion began today with justice kennedy. listen here. >> we had a deep discussion.
i got his ideas on things including, i asked him if he had certain people that he had great respect for that potentially could take his seat, which is a very hard seat to fill. so we talked about different things. he was here a half an hour. >> the president knows he has a battle getting his nominee through the senate. chuck schumer said none of the people on the list should be acceptable to congress. so the gauntlet has been thrown. neil? >> neil: it has. thanks, john roberts. when they told me that tom dupree was coming in and will be here in person and i said, am i'm wearing this silly outfit? the former justice department maestro, good to see you. >> good to see you, neil. >> neil: what are we looking at here? >> you cannot under state the
importance of, this is a transformational development. >> neil: it is. >> it is. justice kennedy has been on the supreme court for the last decade plus. we'll be replacing someone with a conservative. that will have massive ramifications for everything from economic cases, business cases, abortion. second amendment. everything. changes the dynamic of the supreme court for a generation. >> neil: what is interesting, too, whether the president is re-elected or not, by the stroke of this move, he could be and would be consequential for generations to come. >> that's right. it's striking that he appreciates the fact that this is one of the most somber, significant sacred responsibilities that he has. the justices that a president appoints to the court are things that will outlive his tenure. the way the court is constituted
at this point in time, 4-4 with justice kennedy in the center, this is a really big deal. >> neil: how do we know he won't -- whoever is picked, morph to something else? president bush thought he was picking a conservative with sutor and turns out he was more liberal. this list that is out there, what do you think of that? is a hard and fast right list? >> it's a fantastic list. the president will not go wrong choosing anybody from the list. there's no guarantees. >> neil: it would be from that list no surprises -- >> that's what he said. he could expand the list. he's been firm and consistent that he will choose from this list. while there's no guarantees that somebody will adhere to the ideology and thinking about the constitution that he or she brings to the office, at the same time the vetting process is different today than it was back during the first president bush
when justice suitor was confirmed. >> neil: and he was warned. >> and that's right. they said he was a home run. he wasn't. and right now we're sophisticated in the process. people advising the president can look at the track record what has they written, what have they said about the constitution. so by the time the president makes his decision, he can have a good degree of confidence that this person is as advertised. >> neil: it's a 50-49 senate given john mccain's absence. you need every republican on board. assuming every democrat rejects. >> there's not much margin for error. that will play a huge role. this is not a slam dunk. >> neil: gone are the days where we had 97 votes. >> yeah. justice scalia was confirmed unanimously. can you imagine that happening today? whoever he chooses, it's a safe
bet, 51-49 tight vote. they need to manage the confirmation process the same as gorsuch. very professional and successfully. >> neil: yeah, that was well done. thanks, tom. >> thank you. >> shepard: rand paul's read on this. he's his own man on this. what he's thinking, what his colleagues will be thinking after this.
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hi.i just wanted to tell you thdependability award for its midsize car-the chevy malibu. i forgot. chevy also won a j.d. power dependability award for its light-duty truck the chevy silverado. oh, and since the chevy equinox and traverse also won chevy is the only brand to earn the j.d. power dependability award across cars, trucks and suvs-three years in a row. phew. third time's the charm... >> neil: all right. we'll know soon what the president wants to do about this, replacing justice kennedy on the supreme court here. much of this was telegraphed. it was a matter of when we were told, not even if. as we indicated, the justice wanted to talk to the president and tell him in person that he wanted to step down. now the choices. the president has a list. he's going to use that list.
on that list, which happens to be the utah senator, mike lee, i want to get the read on that from kentucky senator rand paul what he makes of that. one senator on the list, senator, your colleague mike lee. how do you feel about that? >> i think he would be a great pick. i would hate to lose him in the senate. he and i are allies are so many things. constitutional war powers, criminal justice reform. personal privacy. all of these issues mike lee has been there with me. i would hate to lose him from the senate. he's a very thoughtful guy. well-read, well-spoken and knows the law better than anybody i've ever met. would be a great pick. i'd be of divided loyalties because we need him in the senate. >> neil: it would be convoluted, too. he would have to leave the senate and then obviously the governor of that state would replace him. that would be confusing.
do you think that there's any one on that list that could surprise folks because some people look on the conservative side and said we have been disappointed before. they used the souter example and how anthony kennedy could go from swing to an important vote. what do you think? >> i don't know anybody on the list. but i know that neil gorsuch is amazing. i read his opinion in the carpenter case. whether the government can track your location without a warrant. his was the only dissent that said when you give your records to a third party, gorsuch said the fourth amendment should comply completely and always. that you still have a privacy or property ownership in information when you let somebody hold it.
gorsuch's opinion was better than anybody else's on the court. you're talking to a guy that is a big fan of gorsuch on the fourth amendment and property and a lot of other issues. he will probably end up being the most libertarian justice that we. have so if anybody else is in the mode of neil gorsuch, i'm for them. >> neil: some of the close decisions have prompted people to say we need a more decisive court, one more conservative vote could make 6-3 rulings. the other side laments that process. this will be a very divisive summer and fall. what do you through? >> if i'd have to predict the vote, no matter who the president picks will be divided among party lines. the democrats have dug in. i don't think they're willing to look at each individual person. they're so angry, they're now talking about violence, people in the capitol pushing people,
yelling kidnapper. it's out of hand. you have members of congress -- they're going to dig their heels in and yell and scream and vote against anybody the president picks. there's eight states where democrats are running for the u.s. senate where president trump won by between 20 and 40 points. so if they want to yell and scream and say they hit everything about trump and they're not going to do anything and not listen to anything republicans have to say, their voters might think otherwise in november. i think they're tired of democrats making everything so partisan, frankly. >> neil: this other view of oh, what's the rush. you hear that from the left. what's the rush. chuck schumer said, maybe i'm paraphrasing, that mitch mcconnell used that argument in holding off on a barack obama appointment for the security position that was ultimately filled by judge gorsuch, that the same applies here. so they wonder why -- >> i would say it's completely
different situation. when senator mcconnell said we need to wait until after the election, it was a presidential election. the president gets to pick the supreme court. so you can see when you're in the middle of deciding who the president is, you shouldn't -- when the president is not running, you shouldn't have them pick. how the election might be important to decide who the next president will be. we're not going through a presidential election. we're going through a congressional election. so no, i think we should proceed forth with. if president trump nominates someone half as good or nearly as good as neil gorsuch, it will -- >> neil: and there's a good likelihood in the senate republicans could pick up seats. way too early to say. we've gotten into this before. the math might improve. right now it's as close as you can get. >> it's very likely the republicans keep their majority in the senate or expand that
authority or majority. i think in the house, it's going to be historic. typically throughout history when a president wins one party, the other party takes over. 30 seats or more. i think it's looking less likely than that. the democrat's problem, they're the party of social sort of small percentage -- sort of victim groups spread out throughout society but they have lost track of being for the working man. the general working man not part of some sort of special class or special group, victim group, that just wants a good job is starting to say gosh, the economy is picking up, wages are picking up. this may be the most rapid growth we've seen in a decade or more. i think we'll hit 4% gdp growth. i think we could hit 5% if we could just sort of calm the waters on the trade front. if we can get beyond this trade car and it doesn't escalate, the tax return is just starting to get into the economy and i think you're going to see some amazing
economic growth. >> neil: you mentioned the economic growth and the wind at the back of the president. we had the market trip-up today. but is it your concern, senator, that a chief justice should be a strict constitutionalist? in other words, just following what our forefathers intended and not trying to reinterpret that or add to that? by that definition, a lot of modern-day decisions were a part from that. even so-called conservatives, now swing vote justices, have veered from that. what does the rand paul want to see out of the supreme court pick? >> someone that reads the constitution as intended, aware of the original intent of the framers of the constitution and understands that they wanted a very small government that did very little in the marketplace and had a modest and moderate
foreign policy that made it difficult to go to where. we only went to war when congress voted on it. a constitution that was not only thought it was important to protect privacy but john adams said that james ottis' arguments against general warrant said it was the spark that led to the revolution. fourth amendment privacy issues are big for us. i don't know everyone on the list but i think that neil gorsuch at the top of the list turned out to be a great justice. if we can get any more similar to neil gorsuch, i'll be exceedingly happy. >> shepard: thanks, senator paul. >> thank you. >> neil: and then there's the religious issue, the right to life. roe v. wade. what is at stake with bob vanderplatts after this. ico... (harmonica interrupts) how they could save 15% or more by... (harmonica interrupts)
>> neil: all right. you can market it consistently like clock work. every time a supreme court position opens up, the first issue comes up is roe v. wade, right to life. the whole abortion issue comes back and what role and what thoughts that particular justice had or potential justice had on these matters. the president and ceo of "the family", bob vander platts. very good to have you. how crucial is that issue to you? i mean, above others, with others, among others. what? >> it's the cornerstone of all of the issues, neil. this is an opportunity to restore a culture of life in this country that honors god and blesses people. we see this as an answer to prayer. i think it marks that this might be the most consequential election, 2016, at least in my
lifetime, hillary and president trump. if gorsuch is the standard, we would like to see another one of him. >> neil: you might be surprised, those on the left feel differently. they urged that this be put off. how you feel about that? >> well, i don't think it should be put off. we're thrilled to have our own senator, iowa's senator, being chaired of the judiciary committee, chuck grassley. he pushed it back until we had the presidential election. this is not a presidential election. we have president trump. he's going to appoint the next supreme court justice nominee. and i believe this senate is going to confirm his desire. even if it got pushed off, neil, you'll see a rallying of the base. they thought the base on the right was not going to be energized this time, they'll be very energized. they see what is at stake. as you mentioned, the culture of life is at stake. >> neil: they might be careful
what they wish for. there's a possibility that if they waited, the number of republicans in the senate could increase regardless of what happens in the house. so that's where the action will be on this appointment. having said that, there is a sense that do we just reverse roe v. wade? what do we do going forward? what is your preference going forward? >> well, in iowa, we took major step this past legislature. the heartbeat legislation was aimed to take down roe v. wade. the crux of the roe v. wade argument was, if we could ever determine if that baby was a person, that whole case collapses. a heartbeat does that. we knew the courts would be changing. we didn't know kennedy was would be requiring. but if gorsuch was there or
ginsberg stepped off, we knew trump would be a constitutional conservative president that would appoint constitutional conservative judges. we have a chance to take down roe v. wade. this is a historic moment in the pro life community today. >> neil: let me go on to gay marriage. there's a sense that that is now settled law. the supreme court has settled it not once but twice, technically three times. do you agree with it? >> no, i don't. i think god's design for marriage and family, we will revert back to that. the reason you're seeing senator schumer and others so upset about what is taking place today, everything that they have run through and got passed has been through the courts. it's not been through the people or the elected office holders and now the courts are changing. marriage needs to be debated again. >> neil: when you say revert back, it can only be accepted
between and man and a woman? >> i do believe that. >> neil: so all the same sex marriages we've seen, would it be your view then that that -- this new configured supreme court down the road, assuming it's more conservative should recognize that as well and upend these gay marriages? >> as a culture, we should return back to the gay god designed and intended it, between and a man and a woman. >> neil: that would be big news to the gays that welcome these three decisions that have seen marriage in that expanded light. you don't think we should? >> no. i don't think we should. i think we're going to continue to have this conversation as a country but do it in the right process. that's what you saw with your previous guest, rand paul, wanting a justice that understands it's not their job
to make law. it's not their job to rewrite the constitution. a constitutional amendment is done by we the people, not by five justices. a lot of issues up for debate. but this is a very exciting day for those that believe in the fabric of the constitution today. >> neil: bob vander platts, thanks. good seeing you. >> good seeing you. thank you. >> neil: he was a democratic vice presidential candidate, independent united states senator after being the democratic senator, prominent leader on this whole issue that is about to come up to his old colleagues in the united states senate. what does joe lieberman make of what ron paul has been saying and a royal battle to come. joe lieberman is next. [music playing] (vo) from the beginning,
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>> neil: forget whether the was caught after guard by justice kennedy's departure from the supreme court, it's all about the list. we're back in 60 seconds. i tend to play the tough guy. but i wasn't tough enough to quit on my own. not until i tried chantix. chantix, along with support, helps you quit smoking. it reduced my urge to smoke to the point that i could stop. when you try to quit smoking, with or without chantix, you may have nicotine withdrawal symptoms. some people had changes in behavior or thinking, aggression, hostility, agitation, depressed mood,
or suicidal thoughts or actions with chantix. serious side effects may include seizures, new or worse heart or blood vessel problems, sleepwalking or allergic and skin reactions which can be life-threatening. stop chantix and get help right away if you have any of these. tell your healthcare provider if you've had depression or other mental health problems. decrease alcohol use while taking chantix. use caution when driving or operating machinery. the most common side effect is nausea. my favorite role so far? being a non-smoker. no question about it. talk to your doctor about chantix. >> the next step is to wait for the president to make a decision. i don't have an idea who that is but we know what the president has said in the past. that properly nominees would come off of a list that he put forth. it would be better to say that
that would be the type of person that he might select. >> neil: pay attention to that man. chuck grassley runs the judiciary committee. it's the committee that all of these options will run and candidates will be accepted or rejected. the president given the time crunch here has to hope for sooner or later. he can't make a bad choice. that will compound this. the more controversial it drags into next year and god know what's else. former democratic senator, former presidential candidates, joe lieberman on this. good to see you, senator. >> good to see you, neil. >> neil: he can't afford to make a mistake if you're the president or a nominee that doesn't click, right? >> yeah, right. this circumstance, there's a lot on the line. we say in america nobody is above the law. what we really mean nobody is above the law as interpreted by the supreme court. this is important to our future.
you might think the president would look for a moderate here to try to engage a few moderate democratic votes. i don't think so. i think he made a commitment during the campaign, he's going to take his nominee off of the list provided be i the federalist society or the heritage foundation and it's going to be a real conservative. what they have to watch out for, obviously the person doesn't have anything in their personal background that would lead to members of the senate to vote against them. >> neil: and you need all 50 republicans. usually 51. but john mccain battling brain cancer won't be there for that. so every single 1 of them assuming you don't get a democratic vote will be needed. >> it will be needed. it's going to come down -- i heard the last segment, your discussion. if this nomination looks to be somebody that will definitely or
probably overturns roe v. wade, that's a direct challenge to susan collins and lisa murkowski that have a pro choice voting record. my guess is the president avoids that kind of person and the nominee avoids that kind of disclosure -- >> neil: and gorsuch was good at this. most of the candidates are, on the left or right, avoiding direct answers to those questions. dianne feinstein has a statement. we're four months to determine the senate. there should be no nominee until the americans have a chance to way in. you said the president when obama was considering a replacement, that was put off. what do you make of it? >> just what you said. this is the world cup, the super bowl of american government. it's going to happen in the middle of a closely contested
congressional election. so expect both sides to be firing at each other. interest groups spending a lot of money to make their case. as you said, neil, the arguments will be switched from where the republicans and democrats were last time around. the key is, really, who -- who the president nominates and then how that person performs during the confirmation hearings. >> neil: that is crucial. >> it is. you want to think -- my guess on that list are people that are smart. justice gorsuch is a conservative. he's clearly very intelligent. he's already surprised in one or two decisions. >> neil: he has. >> he hasn't gone -- i would say that justice kennedy was seen as a swing vote on the court. >> neil: he didn't get that in the beginning. >> that's right. right now the most likely to be be the swing vote, the lawyers will focus on in their arguments
is chief justice roberts. >> neil: that's right. >> he's very smart. i would say he's conservative but open-minded. remember, he cost the deciding vote to uphold obamacare in two separate decisions. >> neil: alienated the entire conservative community. >> i don't think he wants the roberts court to be seen as a reflexability conservative court. >> neil: did you go through the questioning process with souter with the first president bush? >> i did. >> neil: he was touted as conservative as they get. he was anything but. i'm not saying he was a wild liberal. but he was not what they thought. did you have a sense of that? did your colleagues have a sense of that? what do you look for in these nominees? that isn't telegraphed in their record.
>> you never know. maybe i said it to myself. the last supreme court nominee let it all out, said what he believed, the late robert vork. he was so district and so confrontational he didn't get nominated. justice souter, i knew him. he was the attorney general. i had no idealogical feeling. i thought he was a moderate balance and thoughtful guy. that's the way he came off in his confirmation procedure. i think he ended up voting the way his mind and heart took him. in other words, i don't think he was hiding anything. >> neil: i don't think -- i think it evolved. people say -- he didn't telegraph much in that. >> exactly. >> neil: hard to say. always good seeing you. >> you too. >> neil: joe lieberman. the president is on route to his north dakota rally. as senator lieberman pointed
out, this is his chance to change the supreme court and whether he's reelected or not, changing our society in the process for a generation to come. it's a big deal. more after this. benjamin franklin captured lightning in a bottle. over 260 years later as the nation's leader in energy storage we're ensuring americans have the energy they need, whenever they need it nextera energy.
>> it's up to the workers to decide what they want for themselves, not some other larger entity. >> neil: ben was arguing that he didn't want to feel forced as a nonunion member to pay union dues. the supreme court, as you heard, has agreed with that. if you see a conservative justice to replace anthony kennedy, will you see more business friendly decisions? mark watcher, gary hopes that we do. let's begin with you, stewart.
you're concerned about a business direction this court could take. >> i am. everything in public life has to be laid against the backdrop of 40 years of stagnant wages. here we're in this period with this supreme court where they gave power and say to corporations in the citizens united case. now in this case, reversed 40 years of precedence. remember, the ruling which made the precedent here was made in the late 70s. so they reversed precedence to further weaken the voice of the working people and further weaken labor unions which is part of the problem. it's the main part of the problem that we're losing our middle class. >> neil: that's been happening to your point with private union, that 6% of the work
force, 30% plus. that could change. gary, you're saying this is about free choice, right? >> free choice, freedom. i completely disagree. this strengthens workers what is the matter with workers having a choice? not have an entity taking their hand, sticking it in the pocket and taking money out when somebody disagreeing with what they're doing? let's be clear. the unions are political organizations right now. this is a great capitalist move. you talk about precedent. it's been a bad precedent for 40 years. it's about time something like this happened. i'm surprised -- not surprised, this should be 9-0. >> this is an anti free market move. you're talking the power and the right of workers and unions to decide for themselves together what they want and what direction. unions are not political organizations. they're primary --
>> neil: i just want to step back on what you're worried about with this now changing in the supreme court. stewart, you don't want to see more stuff decisions like this. it looks like you're going to. >> no, i don't want to see more decisions to weaken the voice of workers. >> neil: gary, you're welcome it in. >> wait, wait, neil. i have to correct something here. workers have -- cannot be charged union dues against their will in any workplace in america. they can be changed fees for collective bargaining. before i retired, every week i had to fill out a time sheet listing the categories of all of my duties, all of my work with a place for political, a place for collective bargaining -- >> neil: and a separate column. >> a separate column. >> neil: gary, i just want to focus on what is happening right now. we're going to a supreme court that will go more conservative
likely. stewart is worried -- >> i'm worried what happens right now, not just the future. >> neil: i got you. gary? >> the power should be in the people's hands. >> it is, gary. >> you talk about collectively. i'm talking about -- let me finish. >> a doctor shouldn't -- >> neil: let him finish. >> i'm talking about individual choice at this point. by the way, this is -- >> they do. >> this is a great opportunity for the unions. they have not earned their keep for years. now they have a chance to do that. if they have a great product, market it to the workers. >> we will, gary. just like -- >> and millions of people -- >> just like the public ploy union -- >> neil: we'll see the way the court -- >> if we want more teachers strike, that's what we have coming. >> neil: thanks very much. this is not --
>> take care, neil. >> neil: you can't always hit it out of the park each day and you save time with people talking all over each other. more after this. liberty mutual saved us almost $800 when we switched our auto and home insurance. with liberty, we could afford a real babysitter instead of your brother. >>hey. oh, that's my robe. >>is it? when you switch to liberty mutual, you could save $782 on auto and home insurance and still get great coverage for you and your family. call for a free quote today. you could save $782 when liberty stands with you.
>> neil: all right. i don't know if you have noticed, but we've had pretty divided parties and extreme thought and people, you know, kicking people out of restaurants or going after them online and tweeting. and also in this mix, we have a chance at a new supreme court justice. you know that whole thing and the divisiveness that could get added. so what are we in for? let's get the read from robert, a democratic strategist. alex smith, political action committee. and doug weed. doug, usually history tells us that any time we're looking at a
supreme court justice, it gets nasty even in relatively calm times. what are we looking at here? >> yeah, this is going to look like the german russo front in world war ii. if you think shouting down sarah sanders is uncivil. it's just the whole corporate media and the culture of america is at stake the next 30 years. it's going to be tough and bitter. >> neil: robert, a lot of democrats are saying they don't think this process is fair what is the rush? of course, they argued on behalf of president obama having to right to get his supreme court appointment. maybe they didn't understand mitch mcconnell wanting to punt and wait. what do you think? >> i think it's important that we follow the mcconnell rule. he said no supreme court justices ahead of elections.
>> ahead of a presidential election. >> look, we have three co-equal branches of government. the senate and house elections are the same as a presidential election. the senate has a right to confirm judges. the american people have to have their voices heard by electing -- >> neil: i hear you but it was based on a presidential election, not a mid-term. >> when you make up rules out of midair, of course you'll say it's based on a presidential election. let's follow that rule now. push it off -- >> neil: you just made it -- go ahead with that one. alex, what do you think of this? what we're looking forward to or not? >> if you look at the not so distant past in 2010, when was obama had a supreme court pick come up, you know, he nominated kagan in may and she was confirmed by august. so i think the president will pick another qualified juris
like justice gorsuch. these senators in red states are not going to allow democratic senators to stone wall these kind of dleliberationdeliberati. claire mccaskill, they won't get away with jamming up the president on the judicial nomination process. >> neil: or they can just reject. in the end, that's another thing. doug, we're assuming here that everyone is in sync and monol h monolithal. there's a possibility among some republicans and there's not much wiggle room here. two or three will be concerned about overturning roe v. wade or any hint of that. what do you think. >> you're absolutely right. and then the idea that he will automatically pick another gorsuch. he made it look easy. ronald reagan picked a conservative that turned out to be a liberal and picked a
conservative that turned out to be a swing vote. george h. bush picked a conservative that turned out to be a liberal. so to pick another gorsuch, he will try. and then there's what you just mentioned. the fact that the media will go after these senators. it's not just the nominee that will have every bad thought he's ever had exposed. it's one by one these senators. they're going to be on the spot. the media will hold their feet to the fire. >> neil: yeah. robert, what are you looking for in whoever the president chooses? what are they looking for? >> what we have to look at, a fair jurist and similar to anthony kennedy. i don't understand at what point we got to the supreme court justices picking a team and voting with that team 100% of the time. let's get justices in place that
follow tradition of the sandra day o'connor that can analyze facts, sometimes vote liberal, sometimes vote conservative. we're getting the best rules and best laws out of it. >> neil: sometimes the candidates to doug's point will surprise you and not be predictable. we've seen it out of this court. the gorsuch vote. some of the roberts votes. justice roberts that was infuriated conservatives by keeping obamacare alive. so they can surprise you. what do you look for in the hearings for a hint of that? >> in a nominee, i look for someone that chooses fidelity to the constitution, interpret it as originally intended. i think that is what is on display in the list of 25 very qualified jurists that the president put out to evaluate. we got justice gorsuch out of
that list. as you mentioned, chief justice roberts is an incredibly adept and narrowing these decisions -- >> neil: he made a swing vote, a real possibility there. doug, his name has been mentioned as becoming the new kennedy, the new swing vote. i don't know how this will morech and who will become what. that does happen in history, doesn't it? >> it sure does. it seems like when you think the court is going to tilt one way or the other, one of these justices starts rethinking. i'll just say this. that's what this election was all about. you can hear all of these theories about jobs and wisconsin, pennsylvania, why the conservative catholic labor were voting for trump and why a few more hispanics than normal, why the evangelicals -- this is what
they wanted. >> neil: no, you're right. this is what he can do. robert, is it your belief that all democrats will vote one way, democrats another for the most part? that's gotten to be the routine with these votes. gone are the days of 100-0 votes what do you think of that? >> what we've seen on the democratic side is leadership having no ability to marshall their troops for get people in line. so you won't see 100% of democrats vote against this nominee based party lines. you
♪ >> dana: i am dana perino with kimberly guilfoyle, juan williams, jesse watters and greg gutfeld. it's 5:00 in new york city, and this is "the five" ." this is a fox news alert. it's the decision that could supreme court for a generation and be a defining moment for the trump presidency. justice anthony kennedy announcing hours ago that he is retiring at the end of the next month. president trump reacting to the ne