'Beyond heroic': Hannity praises RBG for battling cancer with 'incredible courage'

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'Beyond heroic': Hannity praises RBG for battling cancer with 'incredible courage'

Seam Hannity discusses the distinguished legacy of Justice Ruth Bader Ginsburg

This is a rush transcript from “Hannity" September 18, 2020. This copy may not be in its final form and may be updated.

SEAN HANNITY, FOX NEWS HOST: All right. Welcome to FOX News. It is a FOX 
News alert on this Friday evening, 9:00 on the East Coast, 6:00 on the West 
Coast. 

U.S. Supreme Court Justice Ruth Bader Ginsberg is dead at the age of 87. 
Justice Ginsberg battled cancer on and off for decades, was fighting 
pancreatic cancer at the time of her passing. 

Now, Justice Ginsburg leaves behind a long legacy at the Supreme Court 
where she served since 1993. She was appointed by then President Bill 
Clinton, known as one of the most liberal leaning judges on the bench. 
Justice Ginsburg had a distinguished legal career, the first Jewish woman 
to serve on the highest court in our land. 

Our thoughts and prayers, by the way, tonight are with the entire Ginsburg 
family, her colleagues at the U.S. Supreme Court and everyone who knew and 
loved Justice Ginsburg.

Sources on the ground tonight -- we'll put up a box of the president. He is 
in Minnesota tonight in the middle of a rally. They have confirmed to 
"Hannity" that the president has not yet been informed of her death prior 
to going on stage.

Interestingly, while they did have a deep philosophical divide, Justice 
Ginsburg was well known to have a great deep friendship with Antonin 
Scalia, who passed away a short time ago. They were close friends. By the 
way, my own father died from pancreatic cancer, in a very short period of 
time. It is an insidious cancer. 

She battled this cancer with incredible, inspiring courage, beyond heroic. 
She will be missed by many. Now, with just 46 days until the presidential 
election, we are about to experience a political hurricane the likes of 
which -- well, we've probably never seen.

Although she spoke softly, Justice Ginsburg was a giant on the Supreme 
Court. Her legacy will live on in the days weeks and months and years 
ahead, and breaking just moments ago, Senate Majority Leader Mitch 
McConnell mourned the loss of Justice Ginsburg and announced, quote, 
President Trump's Supreme Court nominee will receive a vote on the floor of 
the United States Senate.

Here with more tonight, we begin with our own John Roberts from the White 
House -- John. 

JOHN ROBERTS, FOX NEWS CHIEF WHITE HOUSE CORRESPONDENT: And, Sean, it is 
interesting to note that the president was about minutes into his speech 
there in Bemidji, Minnesota, up there on the Iron Range, when news of Ruth 
Bader Ginsburg's death came so the president does probably not yet know 
what has happened.

But just moments ago just as part of his standard speech the president 
started talking about the issue of the Supreme Court in terms of the 
election, saying that he will nominate justices and judges who interpret 
the Constitution as written, says the Supreme Court is so important the 
next president will get maybe up to four justices that will be appointed 
for a long, long time. 

So the president now has a decision to make does he as President Obama did 
in 2016 after Anthony Scalia's passing nominate someone to succeed Ruth 
Bader Ginsburg on the bench or does he hold back. I think that the betting 
is that the president probably will make a nomination sometime in the not 
too distant future because, obviously, tonight is a is a night to pay 
tribute to the legacy of Ruth Bader Ginsburg and a giant on the Supreme 
Court, but then we'll begin the process of replacing her.

And as you pointed out right at the top of this, Sean, that is going to be 
a battle royal between now and Election Day. Ruth Bader Ginsburg said that 
it was her fondest wish that uh if she were to pass or if she were to leave 
the court, that she'll not be replaced until a new president is installed. 

So, the president has got this decision to make. And I would be if I were a 
betting man, Sean, I would bet that the decision will be made to make a 
nomination. Mitch McConnell as you pointed out at the top here, has said he 
will bring that nominee to the floor and then the clock will be running do 
you get it done before the election, or do you get it done before the end 
of the year, do you get it done before the end of the term, depending on 
how the election goes?

Don't forget, the Senate's going to turn over at the beginning of January. 
So there is a finite period of time to get a nominee through, should the 
president decide to make a nomination. The -- we have not heard anything 
yet from the White House I'm told we probably won't hear anything until the 
president is on his way back. 

The closest we've got is Kellyanne Conway who recently left the White 
House, tweeted out, quote: Justice Ruth Bader Ginsburg led a remarkable 
life of consequence. She worked with a passion and conviction inspired many 
women offered hope to other cancer survivors, prayers to her loved ones. 
May she rest in peace.

Ruth Bader Ginsburg may rest in peace but America is not going to be 
peaceful in any way, shape or form, Sean, because this will be on top of 
everything else that we've got going in this election a battle right 
through to November the 3rd, will probably likely also force Joe Biden to 
come out with a list of potential nominees as well. That's something that 
he's been resisting -- Sean.

John, I just want to go back because I -- my sources on the round with the 
president confirmed that his speech had already started about minutes in, 
other news outlets reported the opposite. We are right in our reporting, is 
that correct, that he did not know?

ROBERTS: I talked to somebody on the ground there just a few a couple of 
minutes before I came out here and was told that the speech was underway 
when the news came down. I actually talked to somebody uh from the White 
House immediately after I heard the news myself as soon as the bulletin 
went out here at FOX News and the president was already up and speaking 
when I spoke with that person.

So it's likely that he does not know. You would think, Sean, that if he 
knew, he would have said something.

HANNITY: Well, I was told very specifically he did not know. He had already 
started his speech before the news had passed.

Stay with us throughout the hour. John Roberts, we're going back to you.

ROBERTS: Sure.

HANNITY: Thank you.

Joining us now with more on how tonight's sad news is being received on 
Capitol Hill as our very own Chad Pergram is with us, all things 
hitchhiker's guide to the Supreme Court right now -- Chad.

CHAD PERGRAM, FOX NEWS CORRESPONDENT: Hey there, Sean.

Well, here's what we have to look at here. Mitch McConnell, the Senate 
majority leader, he came out here within a matter of a few minutes after uh 
it was announced that justice Ginsburg had died and this is very similar to 
what he did in 2016 after Justice Antonin Scalia passed away. Mitch 
McConnell unilaterally back in announced that they would not consider 
Merrick Garland or whoever President Obama was going to put forth. 

What he has announced this evening -- and I'll just read you the statement 
here -- he says, quote, President Trump's nominee will receive a vote on 
the floor of the United States Senate. 

Now, there are some metrics here that we need to pay attention to. The 
average for Supreme Court nominees once they are nominated to when they get 
to their hearing is about 40 days, 40 to 45 days. It's 67 days from their 
nomination until they are confirmed.

Now, some other metrics here with Brett Kavanaugh was 57 days from his 
nomination to his hearing and 89 days from his nomination to confirmation. 
So you can see we're kind of on the cusp whether or not they can properly 
vet a Supreme Court nominee, get a confirmation hearing through, and then 
put it on the floor before the election. I think probably putting it on the 
floor before the election is almost an impossibility based on the metric 
used for Brett Kavanaugh and Neil Gorsuch.

Here are the other phenomenon to look for. You have Lindsey Graham who has 
an increasingly competitive Senate race in South Carolina the chair of the 
Judiciary Committee, he will be asked to shepherd through this nominee. 
Kamala Harris, a Democratic vice-presidential nominee, she is on the 
judiciary committee as well and as I say it's always about the math on 
Capitol Hill. Lisa Murkowski, Republican senator from Alaska has indicated 
that she thinks that we should probably wait until January. 

A new president, whoever that is, whether it be President Biden or 
President Trump to consider that nominee and you wonder how these other 
Republican senators in battleground states how they will shape up. Will 
they be on board here? Remember Mitch McConnell, he needs votes to be able 
to overcome a filibuster. This was the precedent change that he initiated 
with Neil Gorsuch to confirm him back in 2017, and then also at least 51 
votes to confirm the nominee.

So, look at Susan Collins in Maine, Thom Tillis in North Carolina, Joni 
Ernst in Iowa, Cory Gardner in Colorado, probably a couple of others, and 
certainly, Mitch McConnell, don't forget that he's up here too, but they 
need 51 votes. So in other words, you could lose two.

Right now, there are Republican 53 yea's, and 53 Republicans in the Senate. 
So you can get down to 51. But if it's a 50-50 vote, keep in mind that Mike 
Pence, the vice president, he has broken ties they've never confirmed it 
justice uh with a vice president breaking the tie. In fact, Mike Pence 
confirmed the first executive branch nomination with Betsy DeVos, the 
education secretary in early 2017 on a 51-50 vote.

So as John Roberts said, you know, we are in for a real roller coaster. But 
I want to direct everybody back to that timeline which is so critical. If 
you follow the history here, it would be very hard probably to put that 
nominee on the Senate floor to have a vote and do some of these other 
senators. Sean, do they agree with Mitch McConnell that they should push 
through as quickly as he is suggesting in this statement.

HANNITY: Al right, Chad. Let's go to Minnesota where the president is just 
wrapping up his speech and -- as our sources told us, the president did not 
-- has not been notified yet of what has happened tonight, the breaking 
news that Supreme Court Justice Ruth Bader Ginsburg had died. He was just 
wrapping up his speech before a capacity crowd in Minnesota, about 25,000 
people I'm told on the ground there. 

John Roberts also confirming with his sources with the Trump team on the 
ground of Minnesota he was not made aware of the death before he was about 
minutes into a speech when news crossed the wires about it. We'll keep 
those images up.

Joining us now with more, she covered the U.S. Supreme Court for FOX for 
many, many years, very friendly with and knows all of the justices, "FOX 
News @ Night" host Shannon Bream is with us Shannon.

SHANNON BREAM, FOX NEWS ANCHOR: Yes, Sean, her colleagues are grieving 
tonight because what they know better than anyone else is that this is a 
family and this is a very unique position that no one else could possibly 
understand unless they have served on that bench. We've talked a lot about 
the unorthodox friendship that she had with the late Justice Scalia. They 
couldn't have been more different ideologically they didn't see the 
constitution and the way to interpret it the same way, but they actually 
were very close. Their families socialized together. They both loved opera 
and cooking together.

So there are deep, deep roots there of friendship despite the ideological 
divides and that was a good example that probably our country could use 
right now. She was a trailblazer. I mean, we've talked about the fact that 
when she came out of law school, one of nine women in her Harvard Law 
School class, she couldn't find a job. She actually had people tell her I 
can't hire you because you're a woman. 

I mean she was married. She had children. She has two children. She leaves 
behind four grandchildren and she was always devoted to her family. They 
were her number one priority.

But the court was clearly her life's mission, her life's work. I've told 
the story about the day after her husband died, she was there in court. I 
showed up to court and saw her on the bench and I was shocked. But she was 
so devoted to her work and she has always said, despite the numerous 
battles with cancer and other physical challenges, that she was going to 
keep serving as long as she possibly could.

And there were people you'll remember during the last election on the left 
who asked her to step down before the possibility of a Republican president 
was elected and she said no to her critics on the left and the right. I 
have a position to do. I have work to do and she kind of intimated that 
someone like her could not be nominated in what has become a very partisan 
and very difficult environment now for these nominees. And she's probably 
right about that. 

So she left a trail behind her of showing working women how to be strong 
voices in the legal field to also have a family, to have friendships with 
people that you might disagree with. 

And you know, just a few weeks ago, she's always been very transparent 
about her health. She had put out a statement through the court saying that 
she had a recurrence of her cancer but talking about the different 
treatments that she tried and how she felt good that chemo was working, and 
she was very positive moving into the summer and into the fall term. 

We know she officiated a wedding just within the last few weeks. So we know 
that she had been feeling good and doing better. So this news does come as 
a bit of a shock tonight, and as we have to think about what comes next, as 
someone who's covered the court for years, I think about the fact that 
there are a number of election-related disputes that have been bubbling up 
to the Supreme Court. If we had another year like Bush v. Gore, we'd have 
eight justices on the court that would be exceptionally difficult on the 
court and on the justices.

So there are so many things to think about tonight, but most importantly, 
the legacy of this woman who has made history in so many ways and is now 
gone at the age of 87 -- Sean.

HANNITY: You know, it's interesting and I mentioned earlier, my dad had 
pancreatic cancer. It took him very quickly -- a very, very tough cancer. 
She was heroic in her fight about it.

A couple of interesting notes, he talked about her mom who instilled in her 
education and dignity, taught me to be someone who holds fast to 
convictions, self-respect, a good teacher doesn't snap back in anger, 
recriminations do no good. Her mom actually died of cancer the day before 
her high school graduation back in 1948, how sad that is.

Tell us give us a little bit of the insight, the friendship that everyone 
talks so often about between Justice Ginsburg and somebody that I just 
thought was an icon on the court, Justice Scalia.

BREAM: Yeah, and he talked about there were things that were more important 
than swaying people to your vote on the court he really valued their 
friendship and it's funny because you -- it's hard to think of two who were 
serving on the bench at the same time that were more different than the two 
of them, but they were able to look past their positions and to bond on 
things they didn't care about -- 

HANNITY: Hold on, Shannon, hang on one second. Let's listen to the 
president, he just -- 

DONALD TRUMP, PRESIDENT OF THE UNITED STATES: Thank you very much.

HANNITY: They'll rerack back in New York if you can, we'll get it up there. 

Let's go back to the -- Shannon was -- we'll find out what the president 
just said there, we'll replay that in just a second.

Shannon, go back to the story because, you know -- and I understand Justice 
Thomas. Same thing, there's a great respect and friendship with Justice 
Thomas and Justice Scalia.

BREAM: Yeah, the families all really spent time together. They ate meals 
together, they fellowship together. And so, they know, it's sort of the 
Secret Society that only the nine who are on that bench or those who have 
served before will really understand the pressures on their families, on 
their spouses, on their children's. Just what they all face.

I remember particular one holiday party which they were sort of still 
calling a Christmas party at that point, and there is a point at which uh 
they're in the court, in one of the great halls, that they have a piano and 
somebody leads carols. And usually, it's done by the chief. 

But I remember this particular year that Justice Scalia was really very 
animated and he was sort of assigning people parts and he was singing at 
the top of his voice and I remember seeing her at one moment sort of this 
bemused look on her face sort of like that's Nino, they really were close. 
And they seemed to really stick up for each other to have each other's 
backs, and to genuinely enjoy each other's company -- not that it was 
something they felt like they had to do, but that they actually wanted to 
do, just to spend time together and to support each other personally.

HANNITY: All right. Shannon Bream, I know you'll be covering this at 11:00 
Eastern tonight. Thank you for taking time to be with us.

Joining us now with more reaction, he is the chief counsel at the American 
Center for Law and Justice, also the president's attorney, Jay Sekulow is 
with us -- Jay.

JAY SEKULOW, PRESIDENT TRUMP'S ATTORNEY: Well, it's quite a day and, you 
know, I just thought back over the fact that I had the privilege in honor 
of presenting oral arguments before Justice Ginsburg since the day she was 
sworn in and confirmed and became a justice of the Supreme Court 27 years 
ago.

So, I've had a long history with justice Ginsburg and, you know, all I can 
say is, first of all, our thoughts and prayers for her family.

But let me say this about Justice Ginsburg, whether you agreed with the 
legal position or not, she was a very, very smart, brilliant lawyer, 
advocate and justice. And even when she disagreed with me, which was 
frequent, but not always, I always remembered fondly that my mother went to 
the same high school as Justice Ginsburg, James Madison in Brooklyn, New 
York. And when I was making oral arguments in front of the Supreme Court 
with justice Ginsburg it reminded me of arguments. I would have with my 
mother growing up.

It was never hostile. It was aggressive but not hostile and there's a 
difference. So I'm going to -- I think this is a day where you reflect on 
the on the good things and that is that this is a -- the woman who made 
some real history. She also -- whether you agreed with her legal position 
or you disagreed with it, you knew where she stood.

Let me say this is someone that argued in front of her, you had to be very, 
very on your game when it was time for justice Ginsburg to ask those 
questions. And she always got right to the heart of it. As recently as May 
when we were up before her on a series of three cases, so I want to think 
about that right this moment. But again, it's a historic moment for the 
country, it's a historic moment for really the United States Senate now, of 
course, the president.

And I think, Sean, one of the things we have to remember is that the 
Constitution lays out the framework of how this works. President nominates 
as with the advice and consent of the United States Senate. That's how it 
works.

It doesn't change -- the Constitution doesn't change when you're five 
months before an election, two weeks before an election, or after an 
election for that matter. It's going to be up to the Senate on the advice 
and consent portion of this, and that that will be the debates that take 
place.

But I think we have to realize that this is also a monumental appointment 
if the president decides to go in that direction because this is not simply 
a liberal justice for a liberal justice or conservative justice for a 
conservative justice support switch, both sides know that, and I think 
that's going to make this all the more significant and, of course, it is 
right before an election. So I suspect it's going to motivate both sides in 
that sense.

HANNITY: How many how many times total, Jay, did you argue before the court 
with Justice Ginsburg? And tell me about the type of question she would 
throw at you?

SEKULOW: So I think 12, if my memory is right on this, 12 or 13 times, and 
I'll never forget one in particular in case it was part of the campaign 
finance case, and it was -- I was representing a group of miners who were 
prohibited from participating in political campaigns. We actually got -- we 
actually won that unanimously, so she ruled in our favor.

But what was so interesting about that one, I knew she was going to ask a 
question regarding suffrage because obviously women did not have the right 
to vote until there was a constitutional amendment and here we had miners 
were being denied the right to participate in elections, supporting 
candidates under the McCain-Feingold.

So I became an expert in the suffrage movement and there was not much I did 
not know about that, and sure enough I was able to utilize that. And I 
think it obviously was effective enough that she agreed with the other nine 
justices on our legal position.

But, look, there were other times where she was you know dead set against 
me especially on a lot of the religion clause cases but you knew her 
question was going to be the critical question, not that you were going to 
sway her vote, not that you were going to necessarily get her vote, but you 
had to give an honest answer with integrity to a legal position that even 
if she might disagree with it you could respect or she could respect.

And I think that was always my -- and my colleagues who have done this 
numerous times before the court.

HANNITY: Hey, Jay -- 

SEKULOW: Yeah.

HANNITY: I'll get back to you in a second. The president was asked as just 
as he was boarding Air Force One as I rightly reported, and John Roberts 
rightly reported at the top of the hour tonight, the president was told 
just before getting back on Air Force One that she -- he said she just 
died, wow, I didn't know that, just telling me now for the first time, she 
led an amazing life and what else can you say about such an amazing woman.

We'll turn that tape around in just a minute.

I also have the statement, Jay, from Senate Majority Leader Mitch 
McConnell, that the Senate and the nation mourn the sudden passing of 
Justice Ruth Bader Ginsburg in the conclusion of her extraordinary American 
life. Justice Ginsburg overcame one personal challenge and professional 
barrier after another. She climbed from a modest Brooklyn upbringing to a 
seat on our nation's highest court, and into the pages of American history. 
Justice Ginsburg was thoroughly dedicated to the legal profession and to 
her 27 years of service on the U.S. Supreme Court, her intelligence and 
determination earned her respect and admiration throughout the legal world 
and indeed throughout the entire nation which now grieves alongside with 
her family friends and colleagues.

I'll add this -- apparently her family was around her at the time of her 
death.

And then Senator McConnell goes on: In the last midterm election before 
Justice Scalia's death in 2016, Americans elected a Republican Senate 
majority because we pledged to check and balance the last days of a lame 
duck president's second term. We kept our promise since the 1880s, no 
Senate has confirmed an opposite party president Supreme Court nominee in a 
presidential election year. 

By contrast, Americans reelected our majority in 2016 and expanded it in 
2018, because we pledged to work with President Trump and support his 
agenda particularly as outstanding appointments to the federal judiciary. 
Once again, we will keep our promise and President Trump's nominee will 
receive a vote on the floor of the United States Senate.

Within -- this being the election year obviously uh I would assume tonight 
obviously people mourning the death of Justice Ginsburg but by probably 
Tuesday of next week, the latest this battle will begin, Jay Sekulow.

SEKULOW: Yes, but normally, you know, normally, within Judaism, she should 
be buried within 24 hours. But this is the Jewish New Year, it's Rosh 
Hashanah. So -- it's probably going to be Monday.

And I think what Mitch McConnell said is actually where the battle is going 
to be fought and that is this -- Merrick Garland was nominated by President 
Obama and that vote never made it to the floor of the United States Senate 
for a vote, why? And that's exactly what Mitch McConnell was talking about.

And that is going to be an issue for the Senate to decide, whether that 
there are votes sufficient to have a nominee and obviously the president 
has a constitutional authority to nominate, no one questions that. It's 
whether then the with advice and consent of Senate whether the Senate will 
move that forward.

But let me say this -- I mean, I don't think it it's it goes, it should not 
go without mentioning that Justice Ginsburg who fought valiantly, I mean, I 
don't think anybody could deny that. My goodness she was asking me 
questions on May 12th from a hospital to some of my colleagues. I think she 
was out of the hospital by the time she did my case.

But so she was fighting right until the end here, and as in Judaism, you 
say, may her memory be a blessing. I think that's going to be the takeaway 
of this historic life. The battle will be pitched on Monday, and I don't 
think there's any doubt about it.

And look, this is one of these moments in U.S. history where you're going 
to be five and a half weeks out from an election, the president still 
serves until the next president sworn in. So if the president wins 
reelection, it's obviously it's his nominee. If the nominee is confirmed 
before the election, it's his nominee who's then confirmed as a justice. 
There's no rolling that back.

But again, that's going to be the job. Starting Monday, you're going to 
hear a lot about that. That you're obviously and they're going to draw this 
exactly what Mitch McConnell was talking about this parallel between what 
happened to Merrick Garland and what happened here. Difference is you 
didn't have the same party controlling the presidency and the Senate and 
that, of course, is a significant issue.

HANNITY: Just as a side note as also -- not only a dear friend for so long, 
my own personal attorney, how many times have you -- have you argued before 
the court?

SEKULOW: Thirteen times and I just was calculating. I think all but one, 
she was -- I think all but one she was on. Maybe two -- 

HANNITY: How many cases were you involved? And you were involved in over 
that like over 20, right? 

SEKULOW: Yeah, about 23, because a lot of cases get decided primarily.

HANNITY: All that really matters, how many did you win, Jay?

SEKULOW: Well, about 90 percent, but I will tell you this what's 
interesting, Sean, is Justice Ginsburg ruled with me probably about 60 
percent of the time, listen, if it was baseball, I'd have a great batting 
average, right? It'd be .600 in front of Justice Ginsburg.

But look, as I said earlier, she was a tough, tough justice on questioning 
she was just by the way there's no doubt why Scalia -- justice -- the late 
Justice Scalia, now the late Justice Ginsburg were so close. They were a 
very similar personality. They were both brilliant. They both asked really 
hard questions and they were not going to be -- they didn't want a -- there 
was no answer in front of Justice Ginsburg or Justice Scalia that was this, 
"I don't know". It was yes or no, and then explain yourself. There was 
never "I don't know". And that's one thing you learned by practicing in 
front of them.

But, Sean, look, this is going to be a big battle come Monday. We know 
that. Right now, you honor the memory. That's the right thing to do. Monday 
is going to be when the attention turns to the nominee and if there is a 
nominee and how that moves forward and that's going to be the president's 
determination under the Constitution, and then the Senate's role in advice 
and consent.

HANNITY: Hey, Jay, we asked Shannon Bream about this relationship. I mean, 
it was such a judicial philosophical divide, both Justice Scalia, Justice 
Thomas, had very friendly, cordial relationships with Justice Ginsburg, 
ideological opposites in terms of the court.

By the way, did you say that she ruled with you 40 percent of the time? 
That would be a good batting average.

SEKULOW: It was calculated once, it was like 6 -- I don't think it ended up 
at 67 percent, was something it somewhere along the way here was about 67 
percent, but I think about at least half. 

HANNITY: Oh, I agree. 

SEKULOW: A little bit less than that in the end. But let me say -- 

HANNITY: And for those who have never heard oral arguments and there's 
always the question of whether or not we should have cameras in the -- in 
the court. Just listening is phenomenal and the way the justices all have 
the unique style. I mean, Justice Scalia -- you get two words out, he's at 
you. He's going at -- you know, throwing questions at you.

(CROSSTALK)

HANNITY: Yeah, Justice Thomas, usually very quiet, takes it all in. Yeah.

SEKULOW: Yeah, but you know, it's interesting because of COVID, we had to 
argue the cases via telephone. Now, I had a podium in my office and I stood 
up and I wore a suit. My son Jordan was with me. We both stood up when the 
court called the case and we presented the argument. But I will tell you 
this they did it in a very different way. 

You got two minutes uninterrupted which I don't think I ever went 37 
seconds uninterrupted before COVID, and then each justice could ask a 
couple of questions. Let me tell you one really quick, quick story here, 
and it's a Justice Ginsburg memory, and I'm glad it happened. They 
basically got two questions each, and came to justice Ginsburg and she 
asked me one I answered it. She asked me two, I answered it. 

She was starting another question. The chief justice came in, was going to 
go to the next justice, but she finished saying that kind of talked over 
him. 

And you're really supposed to not respond unless the chief justice gives 
you permission, and I just answered the question anyways. I figured this 
woman was in a hospital two weeks before answering questions, this justice 
deserves that honor and respect. I was going to answer her question. She 
may not have liked my answer and evidently she did not because she ruled 
against -- she ruled against my position, but I answered the question with 
honesty and stood for our legal position.

I think she respected that even when she disagreed.

HANNITY: Amazing, it's a very small group of people that ever make it to 
that top position. Of course, checks and balances, co-equal branches of 
government, very different judicial philosophies. Jay Sekulow, thank you 
for being with us and giving us all that insight.

Here with reaction from the Trump administration, White House Press 
Secretary Kayleigh McEnany.

Kayleigh, I had contact with people with the president on the ground in 
Minnesota. They were very clear. They also conferred with their own John 
Roberts, he was not aware of it, for the brief moment in fact that they -- 
the president was told about it, he was told about it as he was getting 
back on Air Force One, and the conversation went like this. 

He said he heard one of the reporters. He said: She just died, wow, I 
didn't know that, just telling me now for the first time, led an amazing 
life. What else can you say about an amazing woman?

KAYLEIGH MCENANY, WHITE HOUSE PRESS SECRETARY: Yeah, that's right, and he 
mentioned that he was saddened to hear the news. President Trump did not 
know while he was on the stage, but I've heard him in private quarters say 
that he admired her tenacity. How could you not? 

When you look at Justice Ruth Bader Ginsburg, she had a history of 
overcoming. You've heard Shannon talk a little bit about that. She lost her 
older sister. She lost her mom before graduating high school, went on to go 
to Harvard Law where she began her legal studies.

Nine women in the class out of 500 -- I mean, people -- many people do not 
know, her husband actually got cancer during her time at law school. So, 
she was raising a three-year-old daughter, taking care of her husband, on 
the law review and worked to the top of academic excellence. 

She was a trailblazer for women. I had the privilege to attend that same 
university and when I went it was roughly half, or more than that women. So 
she really paved the path, and tonight, we honor her legacy. 

Just over the shoulder to my left at the White House, we've lowered the 
flag to half-staff, and I've heard the president say just how much he 
admired her career and her trajectory.

HANNITY: You know, it's amazing, Kayleigh. I did not know your whole story 
until you gave an incredible and inspiring speech at the RNC convention, 
and a very difficult decision. I mean -- because of DNA and genetics you 
were able to determine the odds that you might get breast cancer at 84 
percent, which had to be frightening. 

You know, so many tough decisions, you explained your decision and how you 
made it and why you went through it, what your mom had gone through. I 
learned about Justice Ginsburg which was incredible because she really was 
inspired by her own mom and that her mother had died from cancer literally 
just the day before she graduated high school.

MCENANY: Yeah, that's exactly right. Her mother died of cancer. Her husband 
Marty plagued by cancer, overcame it, when she's just a young legal 
student, nine women of class of 500, and then a Ruth Bader Ginsburg who 
passed of cancer this evening.

We're praying for her. We're holding her family close to our hearts at this 
time. 

If you could sum up this woman in one word, she was an overcomer. That's 
what she was and she will have a place in American history.

HANNITY: Yeah, and she battled, by the way, bravely, two forms of cancer. 
My dad had passed away from pancreatic cancer -- underwent a pulmonary 
heart operation that was malignant apparently at one point. And in July of 
2019, missed oral arguments only for the first time since she joined the 
court, appointed by Bill Clinton in 1993, and apparently wanted to be an 
opera singer. 

Born in Brooklyn, New York, very humble beginnings, 1933, and at the time, 
she was 60 years old, known for her soft-spoken, quiet manner.

Kayleigh McEnany, thank you for sharing your personal story too. Appreciate 
you being with us.

MCENANY: Thank you, Sean. Thanks.

HANNITY: All right. We go now to Texas Senator -- Ted Cruz of Texas is with 
us. 

Senator, thank you for joining us such late notice on a Friday night.

SEN. TED CRUZ (R-TX): Well, Sean, it's good to be with you. 

Tonight, we and the entire nation mourn the passing of an historic justice. 
She was only the second woman ever to serve on the court. She served 27 
years. 

Before she was on the court, she was a court of appeals judge. And before 
that, she was a legendary advocate. She was one of the most accomplished 
Supreme Court advocates to have ever lived. I argued before her nine times. 

She was brilliant and she was a very careful lawyer and she was a 
trailblazer, and she leaves a large legacy. Heidi and I are lifting up her 
family and prayer as they mourn her loss, but she led an extraordinary 
life.

HANNITY: Yeah. Senator, and we're mourning in her life and legacy tonight 
and her family. We want to be respectful, but there will be a big political 
fight on Monday or Tuesday probably, at least by Tuesday of next week. I 
know how Washington works, we all do.

And it raises -- I mentioned earlier Mitch McConnell's segment. Hang on one 
second of being told.

OK, well hang on, Senator, right there. 

Let me go -- the president was asked very briefly, my sources and John 
Robert confirming as well, had told me the president was not aware of the 
justice's death prior to going on stage in Minnesota for his rally tonight, 
but as he was walking back to Air Force One as he now makes his way back to 
Washington. 

He was informed by the media. We have that exchange.

(BEGIN VIDEO CLIP)

REPORTER: Ruth Bader Ginsburg has died. Justice Ginsburg has passed away.

TRUMP: She just died?

REPORTER: Yes.

TRUMP: Wow, I didn't know that, I'm just -- I'm just hearing this now for 
the first time. 

She led an amazing life. What else can you say? She was an amazing woman, 
whether you agree with her or not, she's an amazing woman who led an 
amazing life.

(INAUDIBLE) 

Thank you very much.

(END VIDEO CLIP)

HANNITY: The president was surprised. He had not known before he went up. 
He said, wow, I didn't know that. I'm just hearing this now for the first 
time. She led an amazing life. What else can you say about it? An amazing 
woman.

There is this cordiality, this -- these cordial relationships that emerge 
on the court, you know, you -- I would say you and I are fully in sync on 
the issue of judicial philosophy, Senator, I believe in the Constitution. I 
want to say I'm an originalist. That would be an accurate statement as what 
as are you, as is Justice Thomas, and Alito, and -- as was Justice Scalia.

Then you have this other judicial philosophy, one of activism from the 
court -- very, very different, and it is a big campaign issue. 

Your thoughts on what is the right course moving forward?

CRUZ: Well, I think the court, we are one vote away from losing our 
fundamental constitutional liberties, and I believe that the president 
should next week nominate a successor to the court. And I think it is 
critical that the Senate takes up and confirms that successor before 
Election Day. 

There's going to be enormous pressure from the media. There's going to be 
enormous pressure from Democrats to delay filling this vacancy. But this 
election, this nomination is why Donald Trump was elected. This 
confirmation is why the voters voted for a Republican majority in the 
Senate.

And I'll tell you one reason in particular, Sean, why I think it is 
tremendously important that not only does the nomination happen next week, 
but the confirmation happened before election day, because Democrats and 
Joe Biden have made clear they intend to challenge this election, they 
intend to fight the legitimacy of the election.

As you know Hillary Clinton has told Joe Biden under no circumstances 
should you concede, you should challenge this election, and we cannot have 
Election Day come and go with a 4-4 court. A 4-4 court that is equally 
divided cannot decide anything, and I think, and I think we risk a 
constitutional crisis if we do not have a nine justice Supreme Court, 
particularly when there is such a risk of a contested litigation, and a 
contested election. 

Twenty years ago, I was part of the legal team that litigated Bush versus 
Gore and went to the Supreme Court. Thirty-seven days, the country did not 
know who the president was going to be, and if we had a 4-4 court, it could 
have dragged on for weeks and months.

And so I think we have a responsibility -- a responsibility to do our job. 
The president should nominate a principled constitutionalist with a proven 
record, and the Senate -- it's going to take a lot of work to get it done 
before election day, but I think we should do our job and protect the 
country from the constitutional crisis that could result otherwise.

HANNITY: Very well-argued as usual. 

So, you argued before the Supreme Court, how many times, Senator?

CRUZ: Nine times.

HANNITY: How many times did you win?

CRUZ: Depends how you count it, but probably five is the best count.

HANNITY: I'm sorry, you know, it's funny because one of the -- one of the 
most interesting stories that Alan Dershowitz, your former professor at 
Harvard, said is -- Ted Cruz was one of my best students ever of all time 
and obviously, you guys have some political disagreements.

All right. Senator, thank you for your time tonight on this breaking news 
Friday night. We appreciate you being with us.

Justice Ginsburg's death creates an opening on the court as we were just 
discussing and got to remind everyone what Senator Mitch McConnell said 
about a potential vacancy back in February.

(BEGIN VIDEO CLIP)

BRET BAIER, FOX NEWS ANCHOR: If a Supreme Court seat were to open up before 
the November election, would you hold that seat open like you did for 
Merrick Garland, that rule, to let voters decide which presidential 
candidate should pick the next justice?

SEN. MITCH MCCONNELL (R-KY), SENATE MAJORITY LEADER: Let me remind you what 
I said in 2016. I said you'd have to go back to the 1880s to find the last 
time a vacancy on the Supreme Court occurring during a presidential 
election year was confirmed by a Senate of a different party than the 
president. 

That was the situation in 2016. That would not be the situation in 2020. 
I'm not aware of any vacancy, but if you're asking me a hypothetical about 
-- 

BAIER: I am.

MCCONNELL: -- whether this Republican Senate would confirm a member of the 
Supreme Court to a vacancy that created this year -- 

BAIER: Before November.

MCCONNELL: Yeah, we would fill it.

(END VIDEO CLIP)

HANNITY: And as we previously reported, Senator McConnell releasing a 
statement tonight, praising Justice Ginsburg and her life, saying, quote: 
President Trump's nominee will also receive a vote on the -- United States 
Senate -- of the United States Senate.

Here on the phone is FOX News chief political anchor, that's Bret Baier 
himself.

A good question at the time, now quite relevant. I heard you earlier 
tonight, Bret, and your comments I think we're dead on. This is going to 
now play a major role in this election 46 days from now.

BAIER: It will, Sean, good evening.

Let me first say, I've never argued before the Supreme Court as opposed to 
other of your guests -- 

HANNITY: Well, we still don't mind having you on. I mean, you are the chief 
-- you know, you do have a big title at FOX News and a very successful 
show, I think, "Special Report".

BAIER: But I did actually, just to say a word about Justice Ginsburg see 
her around town at different events, and I also saw the relationship 
between Justice Scalia and Justice Ginsburg.

And at one event, I went up to Scalia and I said, how does this work? I 
mean, you're diametrically opposed on the court. And he said, you know, 
Bret, she's just a lot of fun.

And Ginsburg was doing an interview with Scalia and she was explaining why 
she had fallen asleep during the State of the Union Address a few weeks 
before that -- and she said that she wasn't going to have wine with dinner, 
only sparkling water. She was going to stay away from the wine, and then 
the dinner came and she said, it just was so delicious, it needed wine to 
accompany it, and Scalia pipes up and says, well, that's the first 
intelligent thing you've done.

You know, so they had this relationship where they went back and forth at 
each other and -- 

HANNITY: Almost sounds like antagonistic colleagues, you know, sort of like 
a Fox -- 

(CROSSTALK) 

BAIER: There you go, but little tweaks here and there, and it was fun, and 
we need more of that in this country, I think.

Listen, this is going to be a huge, huge issue. You know this, and it could 
get ugly in this battle to -- you know, McConnell's saying he's moving 
forward, there are going to be tough, tough fights here, and Democrats are 
already quoting -- what Nina Totenberg quoted Justice Ginsburg saying on 
her deathbed that she wished that -- with all her fervent wish that -- 

HANNITY: Hey, Bret Baier, let's Joe Biden -- excuse me for interrupting. 
He's now about to make a statement live.

JOE BIDEN (D), PRESIDENTIAL NOMINEE: -- Bader Ginsburg who is not only a 
giant in a legal profession but a beloved figure. And my heart goes out to 
all those who cared for her and cared about her.

And she practiced the highest American ideals as a justice, equality and 
justice under the law. And Ruth Bader Ginsburg stood -- stood for all of 
us. 

As I said, she was a beloved figure. As a young attorney, you all know the 
story, she persisted overcoming a lot of -- a lot of obstacles for a woman 
and practicing law in those days, as well as she continued until she moved 
herself in a position where she could end up changing the law of the land, 
or leading the effort to provide equality for women in every field, and she 
led in the advance of equal rights for women.

It's hard to believe it was my honor to preside over her confirmation 
hearing. I got to meet her at the time, and she -- and her ascent to the 
Supreme Court. 

The decades since, she has been absolutely, consistently reliable and a 
voice for -- for freedom and opportunity for everyone. And, you know, and 
she never failed she was fierce and unflinching in her pursuit of the civil 
and legal rights of -- civil rights of everyone.

Her opinions and her dissent are going to continue to shape the basis for a 
law for a generation. And, you know, tonight and in the coming days, we 
should focus on the loss of her -- the justice and her enduring legacy. 

But there is no doubt, let me be clear, that the voters should pick the 
president and the president should pick the justice for the Senate to 
consider. 

This was the position of the Republican Senate took in 2016, when there 
were almost 10 months to go before the election. That's the position the 
United States Senate must take today and the election is only 46 days off. 
I think the fastest justice ever confirmed was 47 days and the average is 
closer to 70 days. 

And so, I should do this with full consideration and -- and that is my hope 
and expectation what will happen. 

Thank you all and I'm sorry -- such a -- we had to learn it on the plane 
ride, but thank you very much.

HANNITY: Joe Biden just getting off a plane, making a case -- we'll go back 
to Bret Baier, saying -- you know, obviously, talking and focusing now on 
the enduring legacy of Ruth Bader Ginsburg. No doubt voters picked, the 
president picks the justice, and you know, basically saying that this 
election should be about this issue and -- but the voters actually have 
picked the president and he's called President Donald Trump and it 
contradicts obviously what Mitch McConnell told you back when and also 
where Mitch McConnell's -- when he mentioned it in his statement tonight 
the Senate will have a confirmation hearing after the mourning of the loss 
of Justice Ginsburg.

BAIER: This will be the battle, Sean, and you're already seeing all the 
quotes being pulled up from 2016, and these various Republican senators 
saying that the American people need a voice and McConnell saying that's 
because the party in the White House and the party controlling the Senate 
were two different parties, and that's the distinguishing factor that he's 
making.

I'm already seeing a lot of conservatives use the argument that Senator 
Cruz used to you just moments ago that the court must be at its full 
compliment for any election disputes like Bush V. Gore and I spent days and 
nights in Tallahassee with hanging chads. It's very possible this time, if 
we look at all of the different times it was come together.

HANNITY: Hey, Bret, it was -- it was dimpled, it was pimpled, it was 
swinging, it was dented, it was perforated. It -- you know?

BAIER: Yeah.

HANNITY: And I thought Ted Cruz made a very good point on that, you know, 
we've been reading an awful lot -- I mean, Hillary Clinton's comments were 
somewhat chilling I think to everybody when she said under no circumstances 
should Joe Biden concede the election of Donald Trump. That was a little 
frightening at least from my perspective.

So if you -- if you have a 4-4 on a Supreme Court, and you found yourself 
God forbid in a position like 2000, both of us covered that night after 
night after night -- 

BAIER: Right.

HANNITY: -- that would then become mission impossible probably.

BAIER: Yeah. Sean, I think what is going to happen politically and again 
we're focused on the life and legacy of Ruth Bader Ginsburg, but 
politically, there's going to be a lot of pressure on moderate Democrats 
like Susan Collins of Maine who's up for re-election in a tight race of 
Maine.

HANNITY: Moderate Republicans, yeah.

BAIER: And she will feel a lot of pressure and has said previously, if it 
got to October, that it might be a little bit too close for her. So look 
for those moderates like Murkowski and Collins to really, you know, see -- 
read between the tea leaves about what they're going to do.

HANNITY: All right, Bret Baier, thank you, host "Special Report", thanks 
for your reporting tonight. Thanks for joining us.

Joining us now outside the U.S. Supreme Court is our very own Kevin Corke 
who's been there.

And I see a crowd gathering, Kevin.

KEVIN CORKE, FOX NEWS CORRESPONDENT: Yeah, you're right about that, Sean.

I can tell you, we've been here for about two hours now and there are 
certainly more than a thousand people here, and what really strikes me is 
this may be the first time in my life where I've been surrounded by maybe a 
thousand people and not a single word. We have heard an occasion uh where 
the folks near the top of the stairs will break into applause. There are 
obviously people who are speaking about the life and legacy of the late 
Justice Ginsburg.

But, by and large, you're seeing people here considering not just her great 
legacy and her impact on the court, but I think it's also fair to say, 
Sean, they're wondering what her passing will mean for the future not just 
of the court but for the country. 

I'm going to step over here for just a second, Carrie (ph), I want you to 
show -- this is something else that really struck me, we've seen flowers 
and candles and that sort of that aroma the sweet aroma has been wafting 
down the stairs here.

Again, this is a moment unlike any other -- we've seen other justices, 
Sean, pass. RBG perhaps unique among them, certainly in my lifetime. And 
so, it sets up for what should be a very interesting and that's putting it 
mildly, 46 days, Sean.

HANNITY: All right, Kevin, thanks for reporting live, getting down there so 
quickly from the U.S. Supreme Court, outside of there.

We go back to our colleague at the White House tonight, John Roberts.

And, John, we had both confirmed rightly so, other networks have gotten it 
wrong, that the president was out there about 10 minutes before the news 
broke, and you could see when he left and was about to board Air Force One, 
he made those comments about an amazing woman, an amazing life and was 
surprised to hear the news.

ROBERTS: Yeah, and the one point that we should make too, Sean, is that one 
of my colleagues under the wing of Air Force One as the president began to 
walk away said, are you going to put a nominee forward, and the president 
ignored the question and kept going.

You know, this is clearly a night and it will be a weekend as well to honor 
the legacy of one of the true giants of the jurisprudence here in the 
United States. But not just behind the scenes but publicly, people are 
laying down positions, and you've got to wonder what the conversation is 
aboard Air Force One right now on the way back from Minnesota.

They're obviously involved in discussions about the way forward here. Mitch 
McConnell has said, you know, he'll put the nominee on the floor. So if you 
were the president of the United States and you were facing the possibility 
of what Ted Cruz was laying out for you, why would you not put forward a 
nominee? But if you do, there is going to be a political conflagration that 
consumes this country, that adds on top of the conflagrations that we've 
already been dealing with here, since the beginning of this year.

I mean, you heard Ted Cruz say the president should put up a nominee next 
week. Dianne Feinstein has said under no circumstances should a nominee be 
put forward. Joe Biden just a moment ago said voters should pick the 
president and the president should pick the nominee, and then it gets down 
to the political action committees as well, which are funding a lot of uh 
the politics on the periphery. The Center for American Progress saying that 
we must honor Ruth Bader Ginsburg's dying wishes.

HANNITY: OK, that's John Podesta's group. We really need to hear -- as if 
we're shocked -- 

ROBERTS: No, no, no. But no -- but no -- but I'm just saying, Sean, these 
are the arguments that we're going to be hearing.

HANNITY: Oh, I agree, you're right.

ROBERTS: Yvette Simpson from Democracy for America, the progressive group, 
saying tomorrow and for every day until January 20th, we're committed to 
fighting like hell to ensure that Donald Trump and Senate Republicans don't 
destroy Justice Ruth Bader Ginsburg's legacy.

These are the arguments that we are going to be hearing on -- you know, as 
Spinal Tap said, you know, my amplifier goes to 11, which is better than 
10. All of these voices are going to be on 11 between now and November the 
3rd, making the case why and why the president should not put forward a 
nominee for Justice Ruth Bader Ginsburg's replacement.

Now, if he does make that nominee, Katy bar the door. All bets are off. 
This -- this is -- this -- if -- if we haven't already seen vitriol across 
America like we've not seen since probably the 1800s when people were 
beating each other with canes in Congress, we're going to start to see 
something like we haven't seen for decades, Sean.

HANNITY: All right. John Roberts at the White House tonight, John, thanks 
for staying up late with us. We appreciate it.

Joining us now with more, former congressman, FOX News contributor, Jason 
Chaffetz, Congressman Steve Scalise, the House majority -- house minority 
whip.

Congressman, I know a lot of your colleagues in the House and Senate. You 
know, we've heard so much chatter that is actually very unsettling. I 
mentioned Hillary Clinton, but that's only one part of the equation. Under 
no circumstances should -- should Joe Biden ever concede the race, reading 
about these armies of attorneys that have been now sent to every swing 
state in the country, beyond alarming, which creates a set of circumstances 
that would be beyond chilling if we don't have a nine-member Supreme Court 
at some time. 

I don't really want to get too deep into that tonight, because it's a night 
to honor the life, the legacy, the trailblazing legacy of Ruth Bader 
Ginsburg, but -- there -- I thought Ted Cruz very articulately pointed out 
that that could be a very serious concern.

REP. STEVE SCALISE (R-LA): Well, Sean, first, it's going to be with you, 
and my thoughts and prayers are with the family of Ruth Bader Ginsburg. I 
think everybody has made the poignant comments about her life and her 
legacy, and look, she left a dramatic impact on the court. She played a 
powerful role on the court, we all know that.

She was also a tough lady, Sean, very tough -- battling cancer multiple 
times, not just recently with pancreatic cancer, but she's had multiple 
doubts. She would have chemo treatments and then still go back to the court 
to serve as a jurist.

And so, you know, I think we have a lot of a tribute to pay to her as 
you've mentioned, you know.

And then, unfortunately, this has been a year of so much chaos from what 
we've seen with COVID, shut down of our country, our economy, deaths from 
this disease all across the globe, to the civil unrest, to riots in the 
streets, to now what you're seeing in so many states -- lawsuits being 
filed where people with their own agenda trying to get judges to change 
voting laws that have been debated for years, which could create a lot of 
chaos in a number of swing states .

And then, yes, you don't want the backdrop of a 4-4 court with an uncertain 
election at the same time. 

So, you know, there's a lot -- 

HANNITY: Yeah.

SCALISE: -- already on our plate. 

We first put our prayers with Ruth Bader Ginsburg and her family.

And, obviously, the president made I thought some very warm remarks as 
well. But then, of course, ultimately, he's going to have an obligation 
under the Constitution, Article II and Section 2 of the Constitution does 
require that he fill vacancies on the court. That's something that every 
president has done and -- 

HANNITY: Let me -- 

SCALISE: -- this president won't be any different.

HANNITY: Jason, her background is incredible. I mentioned her mom, first in 
her class at Cornell undergrad, law school, one of nine women at Harvard 
Law. She later transferred to Columbia, made law review. One professor 
asked the nine women of the class of how it felt to take the spots that 
should have gone to more qualified men, ouch. That seems in today's day and 
age like a pretty vicious comment.

JASON CHAFFETZ, FOX NEWS CONTRIBUTOR: Well, God bless her and her family. 
She led a lifetime of service appointed by President Carter to serve on the 
D.C. Court of Appeals, I believe, appointed by President Clinton to serve 
on the Supreme Court.

And while I may disagree with her judicial philosophy, she fought for 
America, she's an iconic American and she should be thanked for all of her 
service and prayers and blessings upon her family.

But I do want to also add, Sean, that Donald Trump was elected to serve for 
four years until January 20th. The senators were elected to serve until 
January, and I do concur with Ted Cruz and saying we need this court to be 
at its full strength by the time the election rolls around because the 
Democrats have already foreshadowed that they're going to contest any 
election. 

And I think there needs to be nine justices sitting on that court to deal 
with whatever might come.

HANNITY: Yeah. I think you'd make a very good point, both of you, 
fascinating analysis. 

Congressman thanks for staying up so late. 

Jason Chaffetz, it's always good to have you as well.

Joining us now with more reaction, Jeanine Pirro. 

Let's stay focused, Judge Pirro, one to nine women at Harvard Law. I mean, 
law review of Columbia she transferred. First in her class at Cornell, you 
know, grew up in Brooklyn, humble beginnings, wanted to actually be an 
opera singer. Interesting side note, her relationship with Scalia and 
Thomas well known, affable in spite of fierce differences in judicial 
philosophy.

JEANINE PIRRO, FOX NEWS HOST, "JUSTICE": Well, you know, that gives us some 
hope that maybe in society we can have different ideologies and different 
opinions and get along.

But, you know, Ruth Bader Ginsburg was a cult figure. I mean, she was known 
as among young people as the Notorious RBG, a woman who pioneered in the 
area of women's rights, gender equality, as well as equal pay. One of her 
biggest decisions, United States versus Virginia, involved a single sex 
admission -- a military academy that became open to both sexes.

I mean, this was a powerful woman in spite of her size in spite of her 
height and I had been to work out so where she was present as well in some 
of the spas that I have gone to. She was always determined and we must give 
her credit and her family our sympathies for the great figure that she was.

Whether we agreed with her or not, she believed in political activism on 
the bench and it benefited so many women and so many people in the country. 

HANNITY: Yeah.

PIRRO: But at the same time, she was someone who was very, very strident 
about her political views and, you know, I hope that this country will not 
be split even further because of her death and the appointment of another 
Supreme Court justice.

HANNITY: I'd like to say that's a possibility. Perhaps it's -- the realist 
in Sean Hannity that sees it very differently. But again, you know, 
mourning her loss, best to her family. I can't stand when people pass away 
and immediately, you know, people, you know, forget the human side of this 
and she has a family and she served her country and she gets along with -- 
got along so well with Justice Scalia, Justice Thomas.

Tammy, your thoughts?

TAMMY BRUCE, FOX NEWS CONTTRIBUTOR: Yes. So, look, I think that she's a 
perfect example of what's possible in this country, right? We talk about 
what she accomplished, but really, only possible in this nation. And her 
own commitment to her work tells us that this court is important, that she 
would not want the court to be split four to four and even, yes, her 
relationship with Scalia indicates clearly that she believes and lived a 
life where you get along with the people you disagree with where you 
negotiate with them where you deal with them in a human way without being 
aggressive or ugly or looking to burn things down or to hurt them.

So if we're going to really honor Ruth Bader Ginsburg's legacy, it is to 
handle this as she would want us to handle it. And I think that this entire 
discussion tonight has been fabulous. It's touched on all those issues. But 
for women as a role model, separate from ideology, but as an indication for 
every American about what the individual can do, what we can accomplish as 
individual people, Donald Trump shows us that, and from a very different 
life growing up to Ruth Bader Ginsburg, moving up out of some level of 
poverty and out of, you know -- also in New York. 

But showing us that no matter who you are, you can make the rest of what 
your future is it's in your own hands and we have heard as an excellent 
example of that.

HANNITY: All right. Judge, thank you. We'll be watching you tomorrow night 
on this and much, much more. Tammy, thank you.

Unfortunately, that's all the time we have left this evening. Our thoughts 
and prayers with Justice Ginsburg's family.

Let not your heart be troubled, here's Laura.

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