Justice Kennedy announced his retirement Wednesday, and the ramifications sent the media into a frenzy over all things Supreme Court. On MSNBC Live with Katy Tury, stand-in host Steve Kornacki did not speculate on the best replacement for Kennedy but instead asked four different guests about the possibility of Republicans failing to confirm President Trump’s nominee to the high court.
Talking to MSNBC Legal Analyst Danny Cevallos, Kornacki suggested that there was, “a risk, here, of this administration overreaching, if Roe v. Wade is an issue.” He then asked, “is there a Republican out there who, you think about John McCain and that thumbs down moment with health care about a year ago. Is there a Republican who could draw a line here and say no that’s too much, let’s go with a more moderate nominee?”
Kornacki then turned to ask Republican strategist Mike Murphy the same question, beginning by painting the picture of a fractured party: “You know this Republican party well. You know the divide in this Republican party, especially with sort of the establishment folks, for lack of a better term, in Washington.” Fishing for any indication that the nomination would not go smoothly, Kornacki then asked: “Could you see some resistance there from a Susan Collins, from a McCain, from somebody who a Trump pick here?” Murphy failed to provide such assurance.
The anchor immediately turned to NBC Justice Correspondent Pete Williams and asked the same question yet again. Reiterating the image of a fractured GOP, Kornacki recalled that, “a decade ago, a little bit more, we did see a Republican revolt against a Republican Supreme Court nominee, Harriet Miers, with George W. Bush.” He then suggested that history could repeat itself, asking Williams: “Are there any names that you see in circulation that could prompt some sort of backlash from Republicans?” Williams, like Murphy, said that there are not.
Still not satisfied with the answers, Kornacki brought on Hardball’s Chris Mathews to talk about the possibility of blocking the confirmation. Kornacki asked: “Republicans have 51 votes right now, 50 if McCain is sidelined. Still enough with Pence sitting there. If Republicans stay together, is there anything Democrats can do?” Mathews took a very combative stance as he had all day, saying, “I think they have to fight eye for an eye for what happened in '16 where the Republicans, led by Mitch McConnell, refused to even consider or even meet with Merrick Garland.”
During Kornacki’s coverage of Kennedy’s retirement, the question that most preoccupied his mind seemed to be how the confirmation of a new justice could be stopped. None of his guests could imagine such a scenario, and Matthews could only urge Democrats to delay in any way possible.
The full transcript is below, just click "expand"
MSNBC Live With Katy Tur
6/27/18
2:28:13- 2:36:18STEVE KORNACKI: If Republicans don't have much of a margin for error in the Senate on this, 51 votes with McCain, 50 if he remains sidelined, if it’s that, they have a margin of error of one on this. Is there a risk, here, of this administration overreaching, if Roe vs. Wade is an issue, a Republican like, I don't know, Susan Collins, Lisa Murkowski, is there a Republican out there who, you think about John McCain and that thumbs down moment with health care about a year ago. Is there a Republican who could draw a line here and say no that’s too much, let’s go with a more moderate nominee?...
You know this Republican party well, you know the divide in this Republican party, especially with sort of the establishment folks, for lack of a better term, in Washington. Could you see some resistance there from a Susan Collins, from a McCain, from somebody to a Trump pick here?...
A decade ago, a little bit more, we did see a Republican revolt against a Republican supreme court nominee, Harriet Miers, with George W. Bush. When you look at the different names that are out there being bandied about for this opening, are there any names that you see in circulation that could prompt some sort of backlash from Republicans?...
Republicans have 51 votes right now, 50 if McCain is sidelined. Still enough with Pence sitting there. If Republicans stay together, is there anything Democrats can do?