Two Years, Three Days discussed on CNN's The Daily DC

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The first supreme court nomination of modern history that starts out without the filibuster option because they changed the filibuster rules for supreme court nominees during the neal gorsuch one in april of two thousand seventeen so the republicans go in already needing only a majority simple majority and they have fifty one votes so they're they're close to it already and they might pick up a they might pick up one or two red state democrats because three of them voted for neal gorsuch north dakota joe manchin of west virginia joe donnelly of indiana right exactly right and you know i'll share my theory with you on this by the way told me if you i think it was really smart of mitch mcconnell once again i'm talking about pure political plays here i know the democrats are still enraged that he held open the seed didn't give garland to hearing and all of that but by going nuclear and changing the rules and making it fifty only fifty one under with gorsuch instead of trying to do enough democrats and get to sixty right which may have been a tough tallorder anyway a closely divided senate at the beginning of the trump era but by choosing the of the former and going nuclear he did it on the easy low stakes gorsuch substitute for scalia one for one of a of a conservative had he had mitch mcconnell waited for the kennedy vacancy to go nuclear and change the senate rules it would have ignited i think he's still would have done it he would have had the votes to get it done but the backlash i think would have been so much greater and charged around this vacancy than the one around the gorsuch favorites the exclusion i completely agree and you know why i have been tracking mitch mcconnell on judges forever and just like three days after president obama was sworn in on january twentieth two thousand and nine mitch mcconnell already was calculating what he was going to do to block the force of president obama for lower court nominees and as you and i both know within within an hour of him secretly finding out that justice scalia had died he found out through a family connection he was ready to do exactly what he did that night of february thirteen two thousand sixteen saying we ain't gonna act on this person who it is and now the payoff for him is going to happen this phone terms of potentially really having this this real ideological shift from sw potential swing five four to a much more conservative holding in let's just bring five circle full circle for why it matters this is a man who does not like campaign finance regulation and he has and this court has come through that way this court will forever come through to continue lifting campaign finance regulations you know mitch mcconnell has a lot of issues that matter but that's one that that the court has delivered on is there anything else we talked about abortion but just before we go is there any other issue where kennedy played a role where the notion of precedent as you said is potentially at risk yeah i'll say one right away and that's on racial affirmative action and there's a case already in the works a challenge to harvard you know usually we see these cases challenges like the university of california challenges to the university of texas public public universities but there's been a challenge since november of two thousand fourteen against harvard private university brought in the name of asian americans even though it's actually been coordinated by conservatives who are trying to get rid of affirmative action for traditionally disadvantage blacks and hispanics that case is percolating along i think that justice kennedy might have been interested in trying to preserve affirmative action on campus because that's what happened two years two years ago in the texas case i think by the time that harvard case gets up to the supreme court or any other there will easily be a majority to get rid of yet another racial remedy amazing just the ramifications are endless and they're so huge joan biskupic thank you so much for bringing it down with us i really appreciate it thank you david that does it for this addition of the daily dc thank you so much for listening hope you'll tune in again right here next week.

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