Fox News Alert for you now on the next steps to confirmation now the President
Trump has nominated Brett Kavanaugh to be the next Supreme Court justice as you
see here judge Cavanaugh is on Capitol Hill today with vice president pence
and Senate Majority Leader Mitch McConnell as he makes the rounds and
some Democrats launched their effort to block his confirmation this is
outnumbered and I'm Melissa Francis here today is Harris Falkner town hall editor
and contributor the birthday girl herself Katie Pavlich
there you go former deputy spokesperson for the State Department Fox News
analyst and host of Benson and harf Marie harf and joining us today on the
couch Fox News senior judicial analyst Judge Andrew Napolitano did you pick
today knowing what was going to happen
from Supreme Court nominee Brett Cavanaugh's on Capitol Hill today vice
president pence escorting the nominee this morning to milla Senate Majority
Leader Mitch McConnell as the quest begins for the votes he needs to be
confirmed and president Trump weighing in this morning before he departed
departed for Europe to attend the NATO summit the president reflecting on his
announcement last night and sounding optimistic last night was an incredible
evening Brett Kavanaugh got rave reviews rave reviews actually from folk side and
I think it's going to be a beautiful thing to watch over the next month but a
lot of money already spent on both sides of the aisle on ads for and against
Cavanaugh Democrats say they're going to do all they can to stop this
confirmation here's Senate Minority Leader Chuck
Schumer President Trump with the nomination of Judge Cavanaugh has
fulfilled or is fulfilling two of his campaign promises first to undo women's
reproductive freedom second to undo ACA and so I will oppose him with everything
I've got and here is Vice President Mike Pence from just a short time ago with
judge Cavanaugh and leader McConnell we look forward to working very closely
with you leader to advance the Senate's proper role and considering judge Brett
Kavanaugh as the president's nominee to the Supreme Court of the United States
doug McElwee is live on Capitol Hill with more big day Doug no doubt about
that for Republicans this is all about expediting this confirmation prompt
says as quickly as possible to see that the confirmation is done in advance of
the midterm elections in November they met a timeline of 66 days for the
confirmation of Neil Gorsuch and they'd like to meet that with the confirmation
of judge Cavanaugh for Democrats it's all about obstructing all about holding
up this confirmation as long as possible until after the midterms at which point
they hopefully could regain control of the house and potentially to a lesser
extent a smaller chance of regaining control of the Senate and to that end
all eyes are now on a handful of Democratic senators facing re-election
battles in states where Trump won big in 2016 we're talking about Heidi Heitkamp
of North Dakota Joe Donnelly of Indiana Claire McCaskill of Missouri Joe Manchin
of West Virginia three of those people actually voted for Neal Gorsuch were
talking about Heitkamp Donnelly and also mentioned again they are being torn
between to intense pressure from the leadership of the Democratic Senate and
intense pressure from their constituents back home who voted for Donald Trump
here's the joe Manchin whom we caught up with earlier this morning I'm not
speaking on any other senator except I know what I feel in my hearts right to
give everybody the benefit the doubt look at it do deep dive study it having
come in and sit down go over the constant concerns I might have I'm gonna
go back home to townhall meetings how many people he knows going to a town
hall meeting there are also two GOP senators who will play absolutely
pivotal roles given the gops razor thin margin of a majority in the Senate we're
talking about Lisa Murkowski of Alaska and Susan Collins of Maine both of them
moderate both of them pro-choice both eagerly awaiting their one-on-one
interviews with Brett Kavanaugh Collins has already hinted that if he is a
die-hard when it comes to anti-abortion stances that she will be of no vote
Democrats already tried to make this a referendum on reproductive rights as you
heard Chuck Schumer just say also the ACA health care rights and then this
novel approaches well we heard this from Cory Booker last night he is saying that
Judge Cavanaugh is president Trump's get-out-of-jail-free card this is not
we know that this person president that has already nose deep in legal matters
before he even became president and was settling with millions of dollars
beforehand but now he has a lot of other legal trouble and the challenges that
this president could have caused for himself now he's got that insurance
policy he's got this get-out-of-jail-free card if you if you
will in the in him was sifting through 20-plus names as well as all the other
people he could have considered a judge Kavanagh has written opinion an opinion
which is widely subscribed to in legal circles that the proper punishment for a
wrongdoing president is not through the judicial system it is through what the
founders wrote in the Constitution through the process of impeachment he's
also written that once the president is properly impeached for wrongful conduct
that he would be available for judicial punishment through the court system so
that kind of fighting we're sitting just in the past 24 hours or so
a real taste of what lies in store for the rest of the summer in the early
months of fall back to you no doubt all right Dec thank you lawmakers are
probably well on their way starting to go through judge Cavanaugh's background
in his extensive legal writings the 53 year old has been a judge on the US
appeals court in Washington and has clerked for retiring Supreme Court
Justice Kennedy he worked on the report that led to the impeachment of President
Bill Clinton and later served in the George W Bush White House conservatives
are split over whether he's expressed support for the Constitution
constitutionality of Obamacare and there are lingering questions over Cavanaugh's
potential decision on the future of roe v wade as Doug just mentioned moderate
GOP senator Susan Collins and Lisa Murkowski who declined to attend the
White House announcement last night say they need to examine Cavanaugh's wreckin
record on the issue and libertarian-leaning GOP Senator Rand
Paul has
express concerns over Cavanaugh's ruling on bulk collection of America's metadata
I'm going to go to the judge first what do you think of all those various legal
questions well I think they're all in play and I will glad you mentioned Rand
Paul because if all the Republicans - John McCain vote yes then it doesn't
matter what Chuck Schumer does but if Lisa Murkowski or Susan Collins on the
pro-life issue vote no and if Rand Paul votes now you originally said he wasn't
no and now he's a neutral and he's going to be open and he's going to interview
the judge extensively but he has written not only on metadata I'm holding up my
iphone he has written that the NSA is not bound by the Fourth Amendment and
can gather anything we put in here where the Harris and I are talking in her
office and this happens to be in my pocket it's recording what we say or
whether we're talking on the phone whether what rounds did he say that that
was okay ah because it's not going to be used as evidence in court in his view
the Fourth Amendment only regulates law enforcement it doesn't regulate
intelligence my view and Senator Paul's view is that the Fourth Amendment
doesn't distinguish between the two it prohibits the government not just law
enforcement the government from engaging in search he said a more narrow
interpretation and isn't that what you're interested in if you're worried
about the government doing that shouldn't rand paul go write a law that
addresses it as opposed to relying on judge Kavanaugh to read that into the
Constitution unfortunately the law goes the other way unfortunately the law that
Judge Cavanaugh upheld in his opinion permits the warrantless searches so then
they should change that of course they should but but it's awesome but it's yes
it is because it defies the Fourth Amendment anyway this is the argument
that libertarians will make and have been making all morning and quite
frankly this is why I believe that President Trump has not fulfilled his
campaign promise about draining the swamp by appointing judge Kavanaugh
interesting that's right can we see Senator Rand Paul fall on
this issue often yes we go was perched to filibuster when they were
considering the FISA section 702 I believe it was yes and and made all
sorts of comments about how maybe the president and he needed to talk I think
they did they do about that issue they went forward but this is not new
territory for them it's just interesting because coupled with a couple of other
unknowns and it could be problematic well because the numbers are so razor
thin John McCain doesn't vote if Rand Paul abstains or votes no then they have
to pick off a Democrat or - I mean you've got you've got Doug and I love
this one pick Doug Jones and Alabama do we know enough about him caite to
even know what he would do now remember he's facing re-election again after he
couldn't you know after he bumped off Remora a flawed candidate so it's
interesting do we know what he might do we know based on what he has said what
he might do would just consider the nominee based on their credentials
thoroughly vet them listen to their constituents back home it doesn't seem
like Doug Jones is willing to just get in line with the far-left Democratic
Party in the Senate right now which is a good thing you had Joe Manchin and in
the soundbite earlier saying I'm going to go home fact that he is qualified and
has extensive credentials in the area of the law and the the questions that have
been thrown out about Cavanaugh or on policy they're not necessarily just on
constitutionality when it comes to what his qualification
you
our pre-existing conditions for example as one that's been thrown out there
rather than the constitutionality of Obamacare that's been questioned by
Republicans one more thing is
but Democrats are more
burned I'd say Democrats more concerned
about Republicans like Rand Paul
you
putting now are abstaining then Republicans are because they don't want
to be the deciding vote in an election here in a red state and be the hanging
in the balance of vote going into November absolutely and taking it back
to the social conservatives and to see if that promise is fulfilled or not
here's what Tony Perkins had to say I'm actually a little surprised I thought
the president would want a bigger fight I think this is a safe pick for the
president I thought he would go a little stronger with maybe with Barrett or
Hardiman but I think it's a solid pick social conservatives aggressively pushed
Barrett yeah intellectual conservatives aggressively pushed Catholic the where
the president's sister aggressively pushed Hardiman the Washington
establishment aggressively pushed Cavanaugh they prevailed yeah it's
interesting and to speak to doug jones for a second he is from a red state but
he's a former ACLU attorney i think on legal philosophy he's a little farther
to the left than some of the other red state Democrats but it's not actually
just a question of policy it's a question about judicial philosophy and
judge Kavanagh is clearly a very smart jurist but I think there are some
Democrats who disagree with his philosophy of how he interprets the
Constitution whether it's issues like women's health whether it's the role of
the federal federal government in regulations and how are the federal
government can go that has the you know potential to impact our lives in a whole
number of ways whether it's the environment or or other places as well
there's a very long table some of these substantive issues and I tell you how
judges hate having to explain judicial advance that therefore it would be
better than the litmus test of can you tell us how you would fall down on these
issues based on what is important record what not and I what Maria's platform
meaning Democrat but what Maria was referring to a conversation we had
before the show started when you have 300 opinions
these are appellate opinion now it's a lot complex there's something in there
for everybody they like and something in there for everybody to hate can I ask a
question because and and I thought it was really interesting his his remarks
last night Cavanaugh's were very inclusive he started talking about his
mom who had worked with two predominantly african-american schools
there was a little bit in there for everybody to kind of go okay wait a
minute that's not what probably Democrats had expected to hear and
you're not hearing a lot about that inclusion use your common sense
what rings true what rings false that's good advice for a juror and for a son
well the irony to me in all of this is that our future justice Cavanaugh
hopefully clerked for Justice Kennedy and Justice Kennedy for decades has been
upheld by Democrats and even the far left as this hero for civil rights for
human rights for women's rights for gay rights and yet now we have someone who
clerked for him has been in close contact with him there's some reports
out now saying that Justice Kennedy actually helped advocate for Kavanagh to
get into this position so he is there right from Kennedy when you sure but the
idea that he is so far removed from Kennedy when he is talking about in his
remarks how he learned from Justice Kennedy and his dedication to Liberty
and the Constitution and equality for the less to be so visceral over his
nomination just it just doesn't make a lot of sense and I'm just wondering
where they come down when it comes to painting him is this far right
appointment when he follows in the President Kennedy well quite frankly I'm
still going through a lot of the opinions and a lot of the given there so
much that he's waiting on me you're going through them you're sending them
to me to read working for Judge Napolitano right now you know I'm
surprised by some things he has written about certain issues but then there are
others particularly women's health particularly Obama care particularly the
federal government I keep coming back to that issue but that's all of the
regulatory state I actually think is a very interesting one and so I don't read
everything he's ever written and automatically recoil as a Democrat I
think I have a different judicial philosophy from him not being an expert
like but oh yeah interesting how the screaming has been all about roe v wade
and abortion and now that we're seeing some of the opinion it's an issue
Goldie's are moving to oh well now like racing though I mean that's what
jumped out at me judge I mean you say that he's part of the Washington
establishment or that the Washington loved him when you look at a lot of his
work it's about limiting that regulatory
administrative state that in my opinion is so far overreaching for this type of
unit let me give some comfort to my conservative we're not elected the rule
of people who are not elected I do not like so here's what the law says when an
administrative agency the Food and Drug Administration the EPA the SEC issues a
ruling interprets its own ruling enforces its own ruling and the person
who loses challenges them they do not go into court as equals the court is
supposed to defer to the administrative agency and assume it was correct this is
called Chevron deference under Lee Justice Scalia believed in the deference
because that's what the statute says justice Gorsuch and judge Kavanaugh
reject Chevron deference I do as well and say when you're in court everybody's
equal the judge hears one side the judge hears the other side and rules honor he
doesn't assume that the bureaucrats are correct so in that respect he is great
solace to those of us who believe the administrative state the unseen unheard
bureaucrats so much of our law except for the intelligence can't you see
that's where he's back to give them the benefit based on his national security
argument yet the president has the authority to here's here's character
country in terms of national security and foreign threats yeah here's the
argument the NSA most people don't know this the NSA is in the military and
because it's in the military their bosses the president is
commander-in-chief and therefore they don't have to follow the Fourth
Amendment I believe this is nonsense but this is the argument and if they don't
have to follow the Fourth Amendment they can spy away and I thought that's the
argument I judge Cavanaugh made in his opinion that rankles Rand Paul and
people like a judge Cavanaugh wasn't working in the White House on 9/11
quickly is because we moved on off of it was there something there that Democrats
could at least a grab on to last night as positive in terms
inclusion language I mean I'm not hearing it all today but but I am seeing
it from black conservatives that they were even surprised that he would start
there I'm just curious about because everything is being attacked most of it
on the grounds of something that we haven't even seen come forth and that's
Roe versus Wade this was real last night this this pitch to everybody was real so
here's it's a good question because I I watched his personal story being told by
him last night and I was very impressed by it he talked about coaching his
daughters he's their basketball coach I texted my dad who also coached me in
basketball and said dad you know it will be an interesting question to see if
that personal story impacts his judicial philosophy because the end of the day
senators are voting on judicial philosophy not on the fact that he said
nice things about his family okay so it'll be interesting we'll move on yeah
well you won't want to miss this vice president Mike Pence will join our own
Bret Baier on special report tonight at 6:00 p.m. Eastern right here on the fox
news channel fnc for the cool kids don't miss it president Trump is ripping
America's NATO allies calling on them to pay for their fair share this is a theme
we've seen it before he's headed to Belgium for the military alliances
summit whether the president has a point and whether those allies will meet his
financial demands and more on the Supreme Court showdown the Swift media
reaction to president Trump's choice as critics say it threatens women's rights
is that fair or is it playing to the extremes we'll debate it
stay close everyone here know what is that steak what is that steak
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