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HAYES: I`m joined now by another Democratic Senator who objected to the Kavanaugh hearing today, Senator Cory Booker of New Jersey. Senator, Kavanaugh who`s reprising a line from John Roberts about balls and strikes. The job is an umpire. I don`t know any politics, I just call them as I see them. What do you think of that argument particularly now that we`ve seen John Roberts make that argument and actually rule on the court?
BOOKER: You know, there`s a clear pattern of the decisions in which he`s been that conservative majority, a 5-4 majority constantly and consistently ruling against the interests of workers` rights, against the interests of employees, against large corporations, working against women`s rights, curtailing voting rights. You see the pattern of who they`re serving in that five to four majority and it`s not balls and strikes. They`re not ending up on both sides often. It`s a court that is tipping and this nomination we have right now will change the dynamics of the court in a way that we haven`t seen in generations and frankly begin to roll back many of the gains that we made during the civil rights movement so worker`s rights movements, the women`s rights movement and more.
HAYES: People are watching this on both sides, right? Both support and an oppose Kavanaugh are having their mind made up and I think they`re wondering about what is the end game strategy here. I mean, it seems two things. One is a commitment by Dem -- no Democrats to vote for them giving the Republicans to vote and then persuading two Republican Senators. Is that how you understand it?
BOOKER: Well, ultimately you need to move exactly that. You have to hold the Democrats move some of the Republicans over. But I remind people over and over again, this is just like the same setup we had when we were facing down the barrel of the destruction of the Affordable Care Act going back to the days where people at the pre consisting condition can be denied health and coverage or that the number one reason for personal bankruptcies were that you couldn`t afford your medical bills and yet it was the efforts not just in the Senate and the House but really the outrage of the American people not right or left but just Americans who saw this as an issue of right or wrong.
And so we all have to consider what`s at stake here and I think that that`s often not being seen as clearly. We have enough of a pattern of his decisions about a woman`s right to choose his decisions about worker`s rights is the decisions about corporate consolidation or what corporations can do to employees or to our environment, enough of a pattern to know that the stakes are not just as high as they were with losing health care or losing access to health care but they`re actually higher when you consider all the other issues.
And so what my hope is maybe perhaps we can see this being an ignition point especially as we the Democrats try to draw a lot of these truths out from the candidate that we can get more people motivated and activated to let their voices be heard and let a lot of the moderate conservative Republicans begin to understand that they are effectively voting to overturn Roe or at least severely constrained women`s access to abortion rights and a number of other issues.
HAYES: You know, there`s polling out today from ABC Washington Post on the support for his confirmation which is really surprisingly low. It`s a bit split 39-38 percent, lowest number since Harriet Miers and Robert Bork, of course, both of whom -- one of whom was voted down, one of whom was withdrawn. There`s a final question here about his role in overseeing some case that may go to the Supreme Court regarding the President in the criminal investigation. Are you curious about Kavanaugh`s views of executive power because he has suggested they are even more expansive perhaps than any other member of the court currently sitting?
BOOKER: Yes, I`m not just curious, I`m sort of alarmed by what he has already said about this kind of supremacy of our president. We don`t have a king, we have a president, and he seems to suggest in his past statements and the past writings that a president is above the law and above the checks and balances that were built in by our Constitution. And remember, this one -- this Judge Kavanaugh was not on the original federal society list. He was added later. Surprise-surprise he was added after the Mueller investigation had already begun.
And remember, he then -- Trump picked him for the list and picked him off of the list, the only person that had such an expansionist view of presidential powers and potential presidential immunities. This is outrageous and it`s something that we should all be talking about that the president`s not above the law and he should not be allowed to pick his lawyer -- pick his judge.
HAYES: Is there anyway -- I mean, we`ve watched this now happen -- what happened with Roberts it very much happened with Gorsuch where the nominee comes in and just says I`m not going to tell you anything about my views because it might come before the court. You`re already -- you`re already grimacing at that but--
BOOKER: You know, it`s very difficult for him to say that when he`s already opined especially before right-wing or very conservative organizations about all his thoughts on this. He gave numerous, numerous speeches in front of the federal society trying out to get on their list before the president and opined about many, many different things. We at least have those.
Now there`s a lot of documents that he was right in the center as issues on torture, on privacy were being debated in the White House. It`d be nice to see and have access to the fullness of his record. Remember, we`re doing a job interview for somebody and can only see ten percent of their resume. But besides that fact, we -- this is a guy that has already opined and felt comfortable enough even as a judge to talk about his views. It would be -- it would be me incredibly insulting if he suddenly clammed up which again I don`t -- that doesn`t say he`s not going to try that strategy tomorrow.
HAYES: All right, we will see. Senator Cory Booker, stay tuned. Thank you very much.
BOOKER: Thank you.
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