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Get live if we could -- to the vote in Washington DC.
Where a majority of senators have now voted to confirm a -- -- as long as the 112 Supreme Court justice.
The voting is continuing now -- I was told -- meant well never mind.
But I know that the vote is ongoing which is already gotten over the threshold our senior judicial analyst judge entered a -- it was -- -- -- judge.
This is this is not a surprise at all is exactly what we expect well yes I mean there are a number of Republicans who said they vote for her -- -- and Democrats are voting against -- the Democrats -- 59.
Members of the Senate there was no filibuster they only need 51 votes and as you pointed out exceptions are -- that 51 vote threshold.
Can they change their votes before the final tally yes -- that like gonna happen no Harry Reid has a personal commitment from every Democrat.
Who has agreed to vote for her so effectively.
She has been confirmed all that remains is the swearing in which shall schedule the time in the next few weeks.
What were those specific concerns of those who voted against her was just politics -- -- wasn't.
I think it was more the politics in this case she she acknowledged without using the terminology affection reject this term I'm bringing you this.
That she is a big government progressive meaning a person who thinks the constitution authorizes the congress to make personal choices for individuals.
There -- a lot of people in the country and then the and the Senate who believe the constitution doesn't give.
The congress that kind of authority but she thinks it does this is consistent with the president's.
Philosophy of government this is the type of nominee the president said he would he would nominate.
Gave you did in other words he did exactly what he told he was gonna do before -- elect yes he did yes he did now she is replacing and another person of like mind.
But she's fifteen and he's 92 a -- obviously at that they -- this is not a game change and the outcome of votes.
It's a game change -- dynamics of personality which mean things when -- Trying to create a coalition on the court and of course she's far you more useful than Justice Stevens.
Is there -- initiation ceremony is there hazing involved and what have either as an initiation ceremony.
And that consists of champagne in front of the fireplace.
-- -- -- there's right there's not -- involved she'll actually have to swearing in said.
Her official legal formal swearing in will be with the Chief Justice shall also be sworn in in the presence of the president in the White House -- -- -- They a photo up the case that's all top of mind right now that this report most likely well they'll get a chance to hear they might reject it.
But but is this case at a California the proposition eight.
Right right down where they're now in what amounts to review of the thing where they'll be able that the -- of the proponents of proposition eight will be able to come forward and say.
That the judge was wrong on the law most likely he'll rule that he wasn't wrong on the law that it'll go the ninth district Court of Appeals in San Francisco.
They'll most likely affirm it then they'll last -- Supreme Court to take it if they take it I heard you say yesterday you think this court.
Would pass it.
I do you have for liberals of which she will shortly be one right at the one for one swap.
Correct -- -- just their last names no disrespect intended -- Sotomayor Ginsburg -- you have for conservatives again no disrespect intended.
Roberts the chief Justice Scalia.
Thomas and Alito you have the swing vote justice Anthony Michael Kennedy.
Justice Kennedy has some writings that some opinions you were to which you -- yes there are two major gay rights decisions in the past twenty years and he -- both of them.
And both of them were decided as a result of his vote and both of them went in the direction of the gay rights one of them eliminated.
The -- the anti sodomy laws in Texas and basically said.
Consenting adults can have any kind of sex they want as long as -- -- adults and as long as they're consenting and the state can't interfere with that.
That's Texas versus Laurence.
The other was a very interesting one at a Boulder, Colorado in which the city of boulder.
And excuse me had enacted legislation that granted protection to homosexuals basically saying you can't discriminate against someone before there homosexuals.
Because for homosexuals the legislature Colorado.
Said you can't enact when -- you any legislation that protects homosexuals.
And Supreme Court threw that out and said.
The state shouldn't be in the business of taking protections away from people are doing things on the basis of animosity -- making decisions on the basis of sexual orientation.
So when you predict what the Supreme Court is going to do you look at what they've done in the past if Justice Kennedy is consistent.
With his views on those two cases.
I would think he would side.
With judge Vaughn walker on this one now that's a long way off -- Junior walker has to review his own work the ninth Circuit Court of Appeals -- to review whichever way they go only three of them a look at it.
The losing side -- -- or 33 of them to look at right now we're two years into this process.
Then they have to ask the Supreme Court losing sight for permission to hear.
-- has to decide whether or not -- grant permission and if they do with another six to eight months before they roll so this is not going to end.
Before a couple of.
Years from now we'll -- -- -- some argue about her fears which is always nice to have it in fact there's also this matter of Flemming versus Virginia.
Which was an old case and I've been hearing about and reading about which was about.
An African American and a white who wanted to marry okay and this is under the equal protection clause that's sort of how they're routing this thing and they're.
It's a civil rights cases is is that as one of the arguments.
Until recently as late as the late 1960s.
The state of Virginia prohibited.
And won these this couple married how stupid does that look now what a wonderful -- or that others can look -- look absurd and it was except -- on the theory of states rights the states regulate marriage and the federal government doesn't the car where you always go for bigoted stuff correct congress wouldn't get involved Supreme Court got involved and said we don't do that anymore consenting adults have the right to marry each -- it's a very interesting case.
It is it was cited by judge walker and his opinion yesterday for the following proposition.
The right to choose with whom you will co habit.
And share your life is the most intimate personal choice in person makes.
What business is it of the government who they choose that's essentially what he said yesterday when he said the government can't tell you you must choose someone.
Of the opposite sex and I guess part of what they were saying is.
If if you can't still straight couples here's how you gotta do things that you can't tell gay couples.
Because that there's equal protection under the law and to have a specific amendment which says.
Gay marriage is okay would be something special that I guess the opponents of prop eight don't want in this case while the constitution requires that the states treat similarly situated people on a similar way you use the phrase equal protection.
So you can't have one set of laws for straights and another set of laws for -- that's basically what he argued when he said.
-- to the argument that 52% of California voters don't want this he said you know what.
We have certain natural rights like speech and privacy and fought and they do not depend upon the popularity of our neighbors for their existence they come from our humanity.
That's basically the argument that judge.
Walker made yesterday which I suspect the majority of the Supreme Court will accept.
We'd still be in the middle of three fifths in the women's suffrage if we -- who went by the us we will that we want and it's hard to believe that the in the intimacy -- -- And the reasons from -- -- horrific -- must take them on the air that's listed in your lifetime and mind and what went out challenge until the Supreme Court got involved.
Well what we're waiting for that's one of the things that this court or or we don't even know -- be this exact court any changes can happen at any moment of any day but that's one of the things that the court will be over over.
Deciding whether to hear Mr.
-- -- Well no.
So called -- Trish turner is are that one of the people you you whose work you hear about and in whose whose findings you get every day -- you don't hear her that often.
-- Trish turner is a terrific producer up on Capitol Hill for us and she she works it's so hard and she's in there today watching this vote what's happened -- That's where coming and closing in -- Spinal -- -- -- confirmation for Elena Kagan and we should be about five Republicans of creating -- With all the Democrat but one that now an underground that though that the convertible getting -- I think we're just the third woman but it.
We're on the roll call now right trees as that finishes what will happen would be some sort of gavel to gavel celebration so we wanna -- and.
You got a he's given subsidies that bad -- anything.
Want the gavel clashes this what evolved that -- -- that that at all though.
She will we -- told on Saturday.
The warhead over at the Supreme Court though I doubt that celebration Italy -- in thumping at the White House.
You know sort of unofficially welcome -- and then.
On Saturday we understand -- spindle -- again we'll have.
When -- when is that champagne at the fireplace.
I think we're popping it around here -- -- -- -- it was a great court justice we've -- but this Bill Clinton about five years.
-- if it has been quite a busy process you know you know one thing I didn't it isn't happening now -- and -- did that hurt a person of approval or disapproval.
The tally is 6337.
A motion to reconsider this -- is considered made and laid on the table.
The president shall be notified of the Senate's action and the Senate shall resume legislative session.
And and -- -- -- -- respect to this esteemed gentleman from Minnesota.
It is always weird -- Michigan to see him do things like this when he should be popping out of a cake or something.
You know change.
And -- suspected all the -- senator from Minnesota you know you do -- thing but it's just it's just weird little -- -- just got -- gavel from imminent.
Then that would be the information bubble above my head -- everyday what -- be evident that ethnic.
I had a really good but active this -- Somalia or whatever let you do it that's pretty it up.
Smart enough but if we -- from California things do change make out what one more thing now as as this -- one thing I've noticed about this what is there wasn't a lot of vitriol all regarding this candidate.
-- if I could be allowed to go a little bit further -- down right boring.
I had just absolutely now that's rings that's not normal for these people they love apply.
I'll bet it really -- -- but when.
You know -- he's just got.
It's pretty low key issue -- -- though while they get of the court not the critic of the year replacement on the court though.
He couldn't light the fires under many people like that person Obama be extreme but he provided the equation because they always -- a underrated as having your cat though.
What they what they get these accommodation they really have to use that opportunity to build up -- -- these are some fiery rhetoric but we knew from the very beginning she was.
He was sailing through.
And and you mentioned one Democrat Ben Nelson I believe you said of Nebraska what what's his function -- here.
Well he is as -- -- -- are both conservative democratic.
Couldn't get over come -- first and he is they.
Our so called pro life side Democrat and so it just couldn't get beyond -- -- -- obviously I believe one of -- -- certainly wouldn't -- Second Amendment.
Stand right to bear arms -- -- concerns in that area.
-- Senator Mel and of course -- -- underground guy he's really that -- -- concerned NRA definitely oppose this abomination that that it that -- -- heavily adequately.
All right on the other side of the hill on Saturday Nancy Pelosi bring -- all the troops back fly demand for big voter think.
You have to work and what and what we expected out of that.
-- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- And great threat that credit Hamburg I think now mostly the -- -- -- has -- debate back to that -- they eat out that there's nothing bigger.
Ahead of -- this term in which they really didn't stand to lose the house Democrats still.
Been heading back home with a Taiwanese political billion dollars to wave around here did did you had today I help the poor and I help.
-- features are really Actividentity term.
Especially with voter turnout so that'll be a really big deal for these guys to take -- moment out at your on the camp.
Little walk around money is always helpful for Paula for that act and really got it.
Well Trish turner we sure appreciate you your colleagues there from Fox News keeping us updated and all the hard work all the time of the season.
One of the many people you don't see.
Does the work.
And Trish is a fixture up -- on Capitol Hill she's the one who's in and out of senators' offices all the time find out what's really going on.
Then put it into the people who make up on their faces mouth so that we can tell you we don't do anything actually -- -- all the luck I promise.
Just a volatile thank you here we go again here we go again -- she'll be sworn and then the the court starts -- second Monday in October.
And I can tell you Trish turner provides me with so much help and so much information.
That never gets the credit for all of you both regret whenever I do think they're pitching applies every time no she does what -- one thing that I mentioned earlier was I mentioned Flemming versus Virginia and that's bring in that case and the biracial marriage case is actually loving versus Virginia thank you very much of the volatile don't screw that I don't know anybody case law but I saw it somewhere for math and that their last name was.
Loving the there's there's it's all wrapped up an irony is that.
Judge I almost called you Jim upon couple dozen of all our remaining.
Does the volatile act acres in new program over what's not -- who's been around few weeks doing real well called freedom watch.
-- special time this -- -- on the Fox Business Network 9 eastern 8 o'clock in Oxford right down the dial on the FB and.
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