hello everyone i'm kimberly guilfoyle along with juan williams chris sterile
dana perino and tom Shalu it's five o'clock in New York City and this is the
five
the white house vamping up his communications team today as the battle
for the Supreme Court heats up we are one week away from President Trump
announcing his nominee for the High Court to replace retiring Justice
Anthony Kennedy this as the president says he interviewed four candidates
today and plans to meet two to three more Trump is rolling up his sleeves
gearing up for a fierce fight with Democrats who are vowing to block his
pick it's probably going to be vicious because the other side all they could do
is obstruct and resist you know the whole thing is resist but and maybe
someday we'll be able to get along with the other side I don't know but right
now it's only resist that's all they want to do is stop things from happening
so they're going to try very hard but I think it's going to go actually very
quickly if I pick the right person and this comes amid growing concerns from
the left that the new makeup of the court could lead to the reversal of the
Roe versus Wade ruling legalizing abortion the president also weighing in
on that in his sit-down with Maria Bartiromo
are you going to ask your nominees beforehand how they might vote on Roe
versus Wade well that's a big one and probably not they're all saying don't do
that you don't do that you shouldn't do that but I'm putting conservative people
on and I'm very proud of Neal Gorsuch he has been outstanding his opinions there
you know is so well written so brilliant and I'm gonna try and do something like
that but I don't think I'm going to be so specific and the questions I'll be
answering and I'm actually told that I shouldn't be Maine Republican Susan
Collins a swing voter in the sent in the Senate vows to oppose a nominee who
would overturn the ruling I believe very much that Rovi way is settled law as it
has been described by Chief Justice Roberts a candidate for this important
position who would overturn roe v wade would not be acceptable to me because
that would indicate and activist agenda that I don't want to see a judge have
okay so obviously they know this is a key issue and I've concerned you know
both sides talking about this but president in his interview with Maria
Bartiromo was saying that he wouldn't necessarily you know ask that specific
question it's not something that he personally is looking for in a nominee
my sir conservatives have said that we we're not asking for any nominee this is
going back many decades to say specifically how they would rule on any
one issue what conservatives say that they want if somebody who will rule
based on how they on a strict reading of the Constitution's not like interpreting
well maybe the founders could have thought about something and good and
they didn't understand and and this particular issue of roe v wade is one
where even Ruth Bader Ginsburg I went back and read today her thoughts about
that actual decision being one that was probably outside the realm of what the
Constitution was saying and that's what riled up conservatives about this issue
for a long time is that that decision itself was one that they would look back
and say that was not decided well now that doesn't mean it isn't precedent
okay or or some people might call it settled law or but it so it is going to
be a major sticking issue but go back and look at it I remember when I was a I
was a spokesperson like Raja the deputy press secretary is going to move over
and do full-time communications for this nominee I was a spokesperson for Justice
Roberts I this new roe v wade kind of based on the general idea of what I knew
growing up but I'd never gone to law school and I was getting all these
questions about the right to privacy and I remember going to the staff secretary
at the time who happened to be Brett Kavanaugh and saying can you help me
understand I thought this was supposed to be about abortion rights and
everyone's asking me about the right to privacy and he said it's a great
question let me walk you through it and that's
how I that's when I first understood how the decision was actually made I do
think there's a lot of hysteria around it however it doesn't mean that people
don't feel extremely passionately and of course it's going to rally up the
president's base but we'll rally up the Liberals base as well and I think that
the president is right and he will probably be cautious and he will say
this over and over that I'm not going to ask the nominee how he or she would rule
specifically on this issue but it will be the undercurrent of all the fights
for the next several weeks okay mr. star Walt she she's right Oh smart
we'll start with that she's right thank you guys for having me here today happy
happy Independence Day week yay yay for the record so Quinnipiac University has
a new poll out today that looks at Americans attitudes on this issue and
guess what overwhelmingly Americans don't want to see Roe vs. Wade
overturned that's not that's a 2 by a two-to-one margin and even a majority
among men so the hysteria here is it's damaging
because nobody's saying that the way that abortion and the way that access to
elective abortions has been rolled back in the United States hasn't been by an
effort I'm telling you you're the lawyer hasn't been rolled back through big
we're gonna knock it over it's gonna be kaput instead what's happened is states
have found ways conservative states have found ways to put different limitations
on access to abortion in Texas in Alabama there are 20 states or so in
which getting an abortion is almost impossible it's extremely difficult
where they've met where states have matched the voters in those places and
done it and none of that has had to do with overturning roe v wade right it's
had it's been about taking the long track back conservatives started this 30
and 40 years ago a long track back to before Roe when how can we make this a
federal issue how can we make this for the states
how can federalism apply here and that's what's happening but what you've heard
and what I've read from Jeffrey Toobin and other people that have said that
african-americans will no longer be welcome in elite universities than all
of this stuff it's worse even than the stuff I heard when Robert Bork was the
nominee many many many moons ago and it's not good for the discussion number
one but number two they're creating prom for Democrats they create this monster
they say well this terrible evil human being is going to rise up out of the
belly of the swamp and come and ruin your lives and then this person is going
to walk out and you know what they're gonna say
alright she seems nice and that's what that happened with Roberts than what
happened with gore such these heinous expectations are met with a nice
competent person and people go okay Wow it's interesting that yeah heinous
expectations met with nice competent person so that sounds a
lot like it's just the rhetorical hype the vitriol one really we've seen in the
past that this type of thing has happened and then you see in terms of
the person who comes forward like in the case of Neal gorgeous somebody who has
been you know well respected and admired and complimented in terms of how he's
comported himself thus far well I could make the same argument you know going
back to Merrick garland he was well respected highly rated and never given
the opportunity to have even a hearing much less a vote but I think the big
point here is that we live in different times Kimberly I was talking with Abby
Huntsman today on and she said to me she said she had Justice Scalia son on and
on Fox & Friends and that he said to her you know his dad was approved 98 to
nothing yep now you think about this 98 to
nothing he's a qualified competent jurist one so called Liberal Democrat
voted against Justice Scalia but in 2018 we live in a situation that's far
different in terms of how polarized our countries and we have a far different
president so my colleagues here on this panel say oh but he could be a nice guy
and of course Neil Gorsuch was a nice guy and don't worry about it they make
they have all these terrible things my pal Chris Tyrell comes from DC he says
what what's all this black people won't be in elite institutions well
affirmative action is a big deal for the Supreme Court and they set the rules for
how schools can consider young people especially young people coming from
underprivileged conditions but the larger point to my thinking is this that
what you're looking at now is approving a fifth conservative justice in
polarized political times potentially creating a rubber stamp in the Supreme
Court for a conservative agenda and people say well but you know President
Trump says he's not gonna ask about abortion it's not a litmus test for the
Conservatives so let me read you a quote that comes from Donald Trump
he says that'll happen automatically in my opinion because I'm putting pro-life
justices on the it'll go back to the states and the
states then can make the determination so this is not a secret to liberals and
it's not a secret to conservatives he wants justices who will undo roe v--
wade latter if he wants to undo but that pro-life or in the terms of their their
viewpoints but he was pretty specific with Maria saying that he wasn't going
to ask that question or single it out the requirements verses a
constitutionalist that is yeah that is would actually just uphold the
Constitution and construe and read the the case but he said that during the
campaign right correct right what he said is I'm going to put I will I will
work to nominate a conservative justices Senator McConnell has worked to confirm
conservative justices then and and even if the president never even asked them
what their limit the litmus but it is also one of the factors that he
campaigns Arnie but he promised him to put justices on the bench like Neal
Gorsuch and that is you know widely lauded by the Republicans and
conservatives that he put somebody that was in keeping with his campaign promise
also yes that's what you want to instead of going back to what he said during the
campaign look back to Gorsuch looked back to the way that was handled the
president he has no problem turning up the temperature on issues but on this
issue I think he approaches things in a fairly normal establishment kind of a
way you know he's got he's appointing people that I think most people are he's
gonna appoint people that most people are comfortable with and he's probably
going to get it passed it's not gonna be 98 to nothing but he'll probably get it
done and I'm not even concerned by what the kind of things like that Susan
Collins says the kind of judges that get appointed now are not the kind of judges
like in the judge Bork days that were advocates for overturning roe v wade
most of them keep kind of mom on their personal views on these things and so I
think it's gonna be non-controversial all right so we shall see this ad one
little thing which is that you know the left uses the idea of Roe being
overturned as the right uses the idea of guns being abolished and it is the way
to fire up your base neither of those issues are actually on the table right
but that is what people will use so we can be quite calm about like the
types of judges that are gonna get out there and how they might rule but that
the the spin is going to be what it is but the forwardable infrastructure
around conservative nominees I think is really in place because of how Robert
Bork was treated in the 80s and the Conservatives figured it out that they
are not going to let this happen to another nominee the Democrats had to do
the same thing for Elena Kagan and Sotomayor
during the Obama administration and the judicial confirmations have been a real
bright spot for conservatives with this administration and so I think that you
know the timing is everything in politics and President Trump seems to
have great luck when it comes to one last point on this which is I hear
conservatives say you know Rovi weights pretty settled Chief Justice Roberts who
says it's pretty settled so stare decisis which means that you don't
overturn things without cause is going to hold but what did we see a see from
gorse that you say he's highly praised Kimberly he came on and I think it's a
week or two ago Chris he just voted to overturn a 40-year law that had regard
to how unions were able to collect so-called agency fees or dues from
people who may disagree with their political agenda he overturned it but
there no one saying right no one's saying that these people aren't
conservative yes and these are the kind of justices that any Republican
president would be picking because this has been as dana says a 40-year project
this is the most important thing to many many many conservatives is retaking
control the Supreme Court and they they have not hidden that and that was one of
the main deciding factors for many of the people including Oracle's a quarter
yeah of them that cast a vote on the ballot for now president Trump will
Democrats urgent calls to abolish ice backfire on them in the midterm
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