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BURNETT: OUTFRONT now, Democratic member of the Judiciary Committee, Senator Richard Blumenthal.
Senator, I appreciate your time.
So, you know, Senator Barrasso on just before you were. He says Democrats will do anything to defeat and delay. So, what -- will you do anything? I mean, really will you consider impeachment to stall this process or is that appropriately off the table?
SEN. RICHARD BLUMENTHAL (D-CT): Erin, we're going to fight like hell because the American people deserve a say. Their voices should be heard in this election and that's what the polls overwhelmingly show. They want the next president and the next Senate to choose the next Supreme Court justice.
And, by the way, delay is his word. Senator Barrasso may call it delay. But it really is about the democratic process working and that's what we want it to be.
BURNETT: So, you know, he said a vote will happen this year. I asked him just to be very clear, right, is there a situation in which he would think that is inappropriate, right, say a situation in which it was truly a lame duck, right? You are going to have the Joe Biden wins and the Senate turns. Would you still be committed to having a vote?
And he didn't take a vote off the table in any scenario. In fact, he very clearly said there will be a vote this year, right, while there is a Republican Senate. What do you say to that, there's no scenario in which he took that off the table?
BLUMENTHAL: If the American people are heard, there will be no vote until after the inaugural. Let's be very blunt. We're going to take our case to the American
people, and tell them what is at stake here literally in the midst of a pandemic, the president is about to nominate someone who would strike down and overturn the Affordable Care Act.
Don't believe me. Listen to the president. He said that issue would be a strong test. He said it was a disappointment -- Chief Justice Roberts was a disappointment because he gave us Obamacare. That's almost an exact quote.
He is going to appoint someone who will strike down the Affordable Care Act when we should be right now taking advantage of this opportunity to pass another pandemic relief program, strengthening health care not weakening it.
BURNETT: So, Senator, what can you do? I mean, just to do the math and give our viewers a sense, right? You helped lead the fight against Justice Kavanaugh's nomination, all kinds of procedural tactics to slow it down. But that confirmation still took 89 days with the incredibly fraught, unique nature of those hearings.
We have 121 days now until Biden or Trump is sworn in as the next president. Would you possibly be able to draw the process out that long?
BLUMENTHAL: There are only 45 days or less now until the next election.
BURNETT: Yes.
BLUMENTHAL: People are already voting in a number of states. And we have tools that we can use not to delay but assure that the American people's voice is heard.
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Senator McConnell really should be putting the HEROES Act on the Senate floor. Give us a chance to vote on better health care, more testing, aid for those families that are still struggling to put food on the table, businesses trying to keep their doors open.
And instead, we are rushing recklessly and treacherously to a vote that excludes the will of the American people and the dying wish of Justice Ginsburg herself who said, wait for the next president and the next Senate after the inaugural, and, by the way, also, undermining the legitimacy of the court.
I've argued cases before the United States Supreme Court, three cases before Justice Ginsburg and I've spent three decades just about my whole career working as a litigator, as a prosecutor, and believe me, the legitimacy and credibility and trust of the court is really at stake here and that is critical to their authority and power.
BURNETT: All right. Thank you very much, Senator Blumenthal. Good to speak with you.
BLUMENTHAL: Thank you.
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