Supreme Court, Donald Trump And Senator Mccain discussed on All In with Chris Hayes


Evening from washington dc. I'm zelina maxwell in for chris hayes from the very beginning from when democrats. I started talking about universal healthcare up until president. Obama signed the affordable care act into law in march two thousand ten dismantling that law has been the number one policy agenda item for republicans congressional republicans tried and failed to repeal obamacare at least seventy times before republican senator john mccain of arizona quite dramatically. Shut down the last major effort to repeal it and replace it with nothing but they did not just try in congress. They took it to the supreme court where it was shot down multiple times. In two thousand twelve chiefs chief justice roberts surprise everyone and sided with the more liberal justices in a five to four decision upholding the law and then again in two thousand fifteen. It's arrived another challenge but the margin expanded to six to three when donald trump became president. He made repealing obamacare his number one policy goal and even after senator mccain's late nights thumbs down trump and the republicans. They kept trying to find new ways to dismantle the law they landed on getting rid of protections for people with preexisting conditions even in the middle of a pandemic a pandemic that killed hundreds of thousands of americans it is donald trump nominated amy coney barrett to the supreme court and it's also why republicans rushed to confirm her only weeks before the two thousand twenty presidential election. Something democrats were very very clear about during Nomination hearings this well could mean that judge barrett is confirmed american. Stand to lose the benefits that the provides ginger return. You weigh in on gallery of this statute you come to one conclusion affordable care because constitutional republicans are scrambling to confirm this nominee as fast as possible because they need one more trump judge on the bench before november ten to win and strike down the entire for care act for her part bear. Dodge just about every question that came her way but donald trump has had has happy was happy to admit that he expected the supreme court to toss out obamacare even as he claimed he wanted to protect people with preexisting conditions for the pre existing conditions. This is such a big issue for voters who is a big issue. In point of fact your administration is about to go to the supreme court to argue to throw out the rest of obamacare which includes the protections for plagiarizing conditions such so your administration is in court right now trying to get rid of that protection order to replace it with a much better healthcare at a much lower price and always under all circumstances we are going to protect the republicans. I mean maybe. I changed the party a lot over the last three years but we will protect people with preexisting conditions. Well today. the supreme court announced its decision. In that case trump was referring to an obamacare survived again. It was the largest margin of defeat for republicans so far with trump nominees wreck cavanaugh namie coney barrett agreeing with With the majority to preserve the law in a seven to two decision. Now this decision does not permanently guarantee the affordable care act or protect it going forward and republicans. They're not sure how to gut. It tried to gut it again but the decision is a victory nonetheless. Former minnesota senator. Al franken was one of the key votes in the passing of the aca. He is now the host of the al franken podcast and he joins me now. Thank you so much for being here. Your senate win obamacare possible. Your senate be worth three hundred twelve. Russell i apologize order light delays. So let me just ask the question. And then i'll let you give your complete answer. The lessons learned in your view in terms of how to pass progressive legislation. That will be upheld in courts will. That's that's a tall order to figure that out because they say they stack the court. They packed the court with federal society judges during trump and with really a partisan unqualified judges. And so they are this. The federal court now is very partisan Part of what we have to do is We have to confirm our own judges We you know unfortunately Mitch mcconnell made it very clear that if in twenty two day pick up the majority That he will not allow abide nominee for the supreme court to get to a will heard just like garland and that puts a lot of pressure. I think on unjust brier You know. In retrospect i think Justice ginsburg probably should've retired. So we wouldn't have coney barrett we'd have someone a lot a more even-handed or perhaps progressive So that's one of the lessons we learned is that they packed the course it was all federal society one hundred per centers and So we better confirm judges fast and and consider getting back to the two judges that they stole on the supreme core in terms of that mcconnell strategy essentially what he did to. Your point is packed. Federal bench with conservative jurists. Does that complicate the potential for a progressive biden agenda. If were able to see the biden administration pass some of the things that are on the table. What happens when they're challenged in court. And we have all these conservative judges on the bench. I think it's a real fear of this. This was they got rid of the blue slip. You know the blue slip is that if a for example president trump nominated a circuit court. Judge for my ad minnesota circuit is. I didn't hand in my blue slip. Which tra- saying i don't want this guy normally i would go back to my state form. Committee the select Someone is respected by everybody as a republican because it was republican president but that created a federal court that was respected. They got rid of that. And as a result this court is extremely partisan including People like justice cavanaugh. Who during his question. Answer in the second around there. S-she said he was going to take revenge. I mean this is a very very hard anticipate what that kind of what those kind of judges are going to do and in terms of a looking forwards right that in some ways we're looking forward than the laws are passed in. They're going into into the court system but in order to even get there the laws have to be passed so in order to pass laws. We need to change the filibuster. And you have a plan to do that. and you. you've said changing the threshold to fifty five votes is the way to go. Senator mansion is actually interested in this idea. Tell us how that would work Joe has said that he will not Get rid of the filibuster. But he's open to modify it. That's one a modification. Going fifty. Five when i have been suggesting is that instead of requiring sixty to stop filibuster bussers. We do now right now. Takes one senator of filibuster and sixty to stop. It will were suggesting as you need. Forty one senators in this case would be republicans to go to the floor and not and stay on the floor and do a talking. Filibuster means i'd have to stay there. And i know my colleagues. They don't wanna do that. And so and joe also in this tape was reveal by the intercept. A where he spoke to no labels Suggested a sad that he was open to that and that was very hard. Yeah it seems to me that anytime he saying. He's open to an idea that's progress from where we currently stand which is nothing is happening on many of the items on the biden agenda. And what in your view needs to happen in the last minute. Here for all the democrats. The senate democrats to get on the same page. I in order to pass some of this critical legislation. That's also a piece of this to the democratic party needs to be locked in

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