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X-TIMESTAMP-MAP=LOCAL:00:00:00.000,MPEGTS:0

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THIRD’S "JUSTICE APPOINTED BY

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THIS PRESIDENT, DONALD TRUMP.

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NO ASPECT OF THAT.

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FOR MORE OF WHAT THIS MEANS FOR

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THE COURT AND THE COUNTRY WE

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TURNED UP BRET BAIER, FOX NEWS

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CHIEF POLITICAL CORRESPONDENT,

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THE ANCHOR OF "SPECIAL REPORT"

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ON THIS CHANNEL EVERY NIGHT.

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IT IS FAIR TO SAY NOBODY

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EXPECTED THIS ON MANY LEVELS BUT

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ARE YOU SURPRISED ON A POLITICAL

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MITCH McCONNELL WAS ABLE TO

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HOLD THESE VOTES?

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>> YOU KNOW WHAT, TUCKER, I’M

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NOT.

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BECAUSE OF THE SUPERIOR DELIVERY

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AND THE HEARING OF

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JUDGE BARRETT, SHE CONVINCED

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THE COUPLE OF WAVERING

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REPUBLICANS LIKE MITT ROMNEY AND

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LISA MURKOWSKI THAT SHE WAS SUCH

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A GOOD JURIST, SUCH A GOOD

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JUDGE, THAT SHE DESERVED THIS

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VOTE TONIGHT.

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IT’S HISTORIC.

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THIS IS THE THIRD SUPREME COURT

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JUSTICE FOR PRESIDENT TRUMP.

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SHE’S THE YOUNGEST SUPREME COURT

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JUSTICE AS OF TONIGHT.

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IT’S HAPPENING 38 DAYS AFTER THE

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DEATH OF THE LIBERAL ICON

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RUTH BADER GINSBURG.

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DEMOCRATS ARE APOPLECTIC.

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CHUCK SCHUMER SAID THIS IS THE

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DARKEST DAY IN THE HISTORY OF

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THE U.S. SENATE.

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231 YEARS.

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>> Tucker: [LAUGHS]

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>> HE POINTED HIS FINGER AT

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REPUBLICANS ON THE OTHER SIDE OF

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THE WELL.

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MITCH McCONNELL SAID THE

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REASON WE WERE ABLE TO DO IT IN

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2016, 2018, AND 2020 IS BECAUSE

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WE WON THE MAJORITY AND WE HAVE

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THE WHITE HOUSE.

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SO HE MADE HIS POINT.

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>> Tucker: MAN, IT’S A SWEET

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MOMENT FOR REPUBLICANS BUT ALSO

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MAY BE A BITTER MOMENT FOR SOME

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REPUBLICAN VOTERS BECAUSE IT

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ILLUSTRATES THAT THE

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REPUBLICAN-LED SENATE CAN

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ACHIEVE THINGS WHEN IT WANTS TO.

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YOU THINK OF ALL THE POLICIES

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THAT VOTERS RATIFIED IN THE 2016

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ELECTION THAT DIDN’T MAKE THEIR

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WAY THROUGH THE SENATE.

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BUT WHEN THEY WANT TO DO

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SOMETHING, THEY CAN DO IT WITH

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SPEED AND CERTAINTY.

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WHAT WILL THE DEMOCRATIC

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RESPONSE BE?

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>> IT’S THEIR BIGGEST.

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IT’S THE BIGGEST WON BY FAR.

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NOT KNOWING THE SUPREME COURT

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JUSTICES BUT THE DOZENS AND

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DOZENS OF FEDERAL JUDGES ON

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DIFFERENT COURTS THAT

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PRESIDENT TRUMP AND

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SENATOR McCONNELL HAD STEERED

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INTO NOMINATION AND CONFIRMATION

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CONFIRMATION.

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THE DEMOCRATS RESPONSE TO THIS

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WAS SIGNALED BY SENATOR SCHUMER

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WHO SAID YOU HAVE LOST YOUR

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CREDIBILITY, POINTING TO

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REPUBLICANS, AND YOU HAVE LOST

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YOUR ABILITY TO TELL US HOW TO

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RUN THE MAJORITY.

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IT SORT OF A FORESHADOWING TO

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WHAT’S BEEN TALKED ABOUT.

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DOING AWAY WITH THE FILIBUSTER

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AND POSSIBLY PACKING THE COURT

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OR DOING SOME OTHER MAJOR

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SYSTEMIC CHANGES TO THE JUDICIAL

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BRANCH.

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>> Tucker: YEAH.

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I’M NOT JUST JUDICIAL.

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BRINGING PUERTO RICO AS A STATE

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AND MAYBE OTHER THINGS AS WELL.

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IT’S INTERESTING.

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WE DIDN’T SEE THE ATTACKS ON

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JUDGE BARRETT THAT A LOT OF US

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PREDICTED.

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WHY DO YOU THINK THAT WAS?

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>> BECAUSE WE WERE JUST DAYS

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AWAY FROM AN ELECTION AND THERE

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WASN’T -- THERE WAS A FEAR OF A

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BACKLASH FROM PEOPLE WHO LOOKED

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AT JUDGE BARRETT, THE MOTHER OF

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SEVEN, REALLY ACCOMPLISH JURIST,

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AND SAID WHY ARE YOU GOING AFTER

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THIS PERSON?

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I THINK THEY LOOKED AT THE

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ELECTORAL FALLOUT OF TALKING

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ABOUT HER RELIGION AND THEY

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STAYED AWAY FROM IT.

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REALLY FOCUSED ON OBAMACARE AND

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THE CASE COMING BEFORE THE

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SPRINKLER IN JUST A MATTER OF

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DAYS.

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>> Tucker: THE VOTE IS STILL

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OPEN BUT REPUBLICANS HAVE

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SECURED 52 VOTES.

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IT’S A FAIT ACCOMPLI.

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WHAT HAPPENS NEXT?

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>> NEXT THERE WILL BE A

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SWEARINGEN THAT WILL BE DONE BY

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JUSTICE CLARENCE THOMAS,

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CEREMONY AT THE WHITE HOUSE AND

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WE DON’T HAVE ALL THE DETAILS OF

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THAT, THIS FIRST CEREMONY OF HER

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NOMINATION CAUSED QUITE A STIR

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WHEN ALL THOSE FOLKS GOT SICK.

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AFTER THAT ROSE GARDEN EVENT.

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I THINK THERE’S A LOT OF

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PROTOCOLS IN PLACE.

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IT WILL BE TONIGHT SOMETIME.

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AND THEN THERE WILL BE

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UNOFFICIAL SWEARING IN AT THE

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COURT.

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SHE WILL GO TO WORK RIGHT AWAY.

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JUST TONIGHT, THE SUPREME COURT

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RULED 5-3 IN FAVOR OF THE G.O.P.

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BLOCKING EFFORTS TO EXTEND THE

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ABSENTEE BALLOTS IN WISCONSIN BY

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SIX DAYS.

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SO JUST TONIGHT THE

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SUPREME COURT IS OPERATING ON

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ELECTION CASES THAT JUSTICE

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BARRETT WILL BE PART OF AS OF

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TOMORROW.

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>> Tucker: I CAN’T RESIST

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ASKING.

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DO YOU THINK IT’S POSSIBLE SOON

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TO BE JUSTICE BARRETT COULD

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WEIGH IN ON ELECTION RELATED,

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POSTELECTION RELATED CASES?

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>> I THINK IT’S CLEAR FROM HER

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HEARING THAT SHE’S NOT RECUSING

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HERSELF.

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NOR DO LEGAL EXPERTS THINK SHE

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HAS TO, MANY OF THEM.

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SOME DO AND THE DEMOCRATS THINK

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SHE SHOULD BUT I THINK SHE’LL BE

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PART OF ALL THESE CASES AND IF

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IT COMES TO STATES HAVING

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CHALLENGES ABOUT THEIR ELECTORS,

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DECEMBER, IF THERE IS A

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SECRETARY OF STATE THAT’S ONE

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PARTY IN A STATE LEGISLATURE

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THAT’S ANOTHER PARTY AND THEY

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ARE BATTLING OVER WHO THE

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ELECTORS WILL BE IN AN UNDECIDED

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ELECTION BECAUSE OF WHO DIDN’T

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SIGN ABSENTEE BALLOTS, YES, SHE

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COULD VERY WELL BE PART OF A

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SUPREME COURT DECIDED IN THE

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NEXT PRESIDENT.

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>> Tucker: [LAUGHS]