TONIGHT: Senate Set To Confirm Barrett to SCOTUS

Today on Jay Sekulow Live, the US Senate set to confirm Judge Amy Coney Barrett to make her Justice Barrett, and Ambassador Bill Hagerty joins us in studio today on Jay Sekulow Live.

Live from Washington DC, Jay Sekulow Live. The Senate moving forward with plans to confirm Judge Amy Coney Barrett to the Supreme Court today after yesterday's vote to limit debate setting up before a final vote for her confirmation this evening. Democrats taking to the Senate floor through the night and into this morning to speak out against her confirmation just days before the election. Phone lines are open for your questions right now.

Call 1-800-684-3110. She really ought to get at least as many votes as Ruth Bader Ginsburg got, 96. Ought to get 100 to 0, but that won't be the case.

It'll be a partisan vote. And now, your host, Jordan Sekulow. Hey, welcome to Jay Sekulow Live. This is Jordan Sekulow. We are taking your phone calls.

1-800-684-3110. We've got a special guest in the studio right now with us. A former ambassador to Japan and current Senate candidate in Tennessee. Bill Hagerty is joining us. He's been on the broadcast a number of times before. We are eight days out from the election, so we thought it'd be great to have him in the studio because he's been campaigning across the state.

He was with the President when the President was here for the final debate. And so, Bill, it's great to have you again. It's great to be back, Jordan. Good to see you. Let's, you know, my dad is now, he's back in the studio too with us, and I know we're both interested to know, just right off the top, you've been campaigning in this state.

What's your sense kind of on the ground? What are people excited about? What are people nervous about as well? What are the issues that really you're hearing from your folks in Tennessee, which I think will translate to a lot of the country? Well, the most immediate issue is that people in Tennessee want to see Judge Amy Coney Barrett confirmed today. That's going to happen.

That will happen. Broader, though, I would say jobs in the economy by far are what's on people's minds. They're very concerned about getting this economy turned back around again. They've responded very well to my message because they know I'm a businessman for my entire life. I understand how this economy works.

I was the Secretary of Commerce here in Tennessee when we turned out of the last recession, so that has resonated. They also want to see law and order, and they want us to put this pandemic behind us. Yeah. One of the things I was curious on yours from you, Bill, is, you know, obviously the election's going to be close. I mean, the country is divided. So, Tennessee, I think you're in great shape. Don't take anything for granted.

You should not. And I've got to tell you, folks, you've got to go out and vote. Now, the voting numbers are good.

I mean, people are turning out and voting, but you make sure you're, if you want your vote to count, you need to get out there and vote. When you talk about the economy, we had the strongest economy probably in U.S. history. And then we got hit with the coronavirus, and then we had the shutdown, which I think the President did the right thing.

I think he had no choice at that point. Now you have the reopening. How are people feeling right now, though? Is there still this kind of anxiousness to get this thing back to the— I think there's still a tremendous amount of anxiousness, and we've reopened.

Tennessee's been one of the earlier states to reopen. But we still have a lot of ground to cover. And I tell you this, a lot of business owners that I talk to across the state were very frustrated by the fact that the Congress put in a disincentive to go back to work with a $600 a week bonus that they put into the unemployment. I mean, there's some things that we do to shoot ourselves in the foot have slowed the economy down, but we're moving in the right direction. We're now below 8 percent on a national basis on unemployment. In Tennessee, we're about 6.3.

So we are better than the average. But you've got states like California at 11 percent unemployment that are really weighing us down as a nation. And the city of Nashville, the businesses down with the tourists—I'm more of the hottest tourist areas in the world—and they are getting clobbered. They really are. They really are.

And the businesses that are on lower Broadway have really suffered tremendously. Yeah, I'm very concerned, and obviously I think we all are. Can I ask one more question? I know you've got—well, we only have a minute here.

All right. The Amy Coney Barrett situation is going to be resolved tonight. She will be the next Supreme Court nominee. How significant do you think that is?

It's very significant. People here in Tennessee want to see a constitutionalist judge on the bench. What they don't want to see is what the Democrats have been threatening, and that's packing the court, putting four more activist, liberal judges that will make the law up. It'll make the Supreme Court a super legislative body. Unaccountable to voters with lifetime appointments. That's not what we want to see here in Tennessee.

Absolutely not. So when we come back, we'll have more time with Ambassador Hagerty. We're taking your phone calls to 1-800-684-3110. We'll of course get into Judge Barrett and that confirmation vote, which is scheduled for this evening.

It could happen earlier if Democrats kind of give up on the delay tactics, but no later than probably 730 p.m. Eastern time, even with all the delays the Democrats are putting in place. And it looks like she has, of course, the votes to be confirmed. And we'll talk more with Ambassador Hagerty. If you want to find out about his campaign, teamhagerty.com.

We'll be right back on JCECO Live. The challenges facing Americans are substantial at a time when our values, our freedoms, our constitutional rights are under attack. It's more important than ever to stand with the American Center for Law and Justice. For decades now, the ACLJ has been on the front lines protecting your freedoms, defending your rights in courts, in Congress and in the public arena. And we have an exceptional track record of success.

But here's the bottom line. We could not do our work without your support. We remain committed to protecting your religious and constitutional freedoms.

That remains our top priority, especially now during these challenging times. The American Center for Law and Justice is on your side. If you're already a member, thank you. And if you're not, well, this is the perfect time to stand with us at ACLJ.org, where you can learn more about our life-changing work.

Become a member today. ACLJ.org. Only when a society can agree that the most vulnerable and voiceless deserve to be protected is there any hope for that culture to survive. And that's exactly what you are saying when you stand with the American Center for Law and Justice to defend the right to life. We've created a free, powerful publication offering a panoramic view of the ACLJ's battle for the unborn.

It's called Mission Life. It will show you how you are personally impacting the pro-life battle through your support. And the publication includes a look at all major ACLJ pro-life cases, how we're fighting for the rights of pro-life activists, the ramifications of Roe v. Wade 40 years later, the play on parenthood's role in the abortion industry, and what Obamacare means to the pro-life movement. Discover the many ways your membership with the ACLJ is empowering the right to life. Request your free copy of Mission Life today online at ACLJ.org slash gift. All right, welcome back to Jay Sekulow Live. This is Jordan Sekulow.

We are going to start taking your phone calls, 1-800-684-3110. We've got a very special guest in studio who has been on the broadcast a number of times before, Bill Hagerty, former ambassador to Japan. This is someone that President Trump endorsed very early. In fact, the first candidate that President Trump endorsed in this election cycle, even in the primary. And this was for U.S. Senate in Tennessee. If you're outside of Tennessee, again, to learn more about him, go to TeamHagerty.com. That's TeamHagerty.com because he's someone, again, who I think is going to make immediate impact in Washington, D.C. And, of course, as we're talking politics eight days out before the election, having someone who's campaigning statewide, that was with the President last week during the debate, welcomed the President to Tennessee, has had to do it through COVID, too. I mean, last time you were in, Bill, I think it was July, and we were talking about how campaigning had changed. And it changed considerably, even in a state like Tennessee, which has been one of the more open states throughout this process. So what's it like now, these final, you know, final stretch, people out early voting, you know, you're seeing people, you go to meetings, you go to groups. What's it been like? Well, I've never campaigned for anything before. I'm not a politician, so this is the first time I've ever run for office. But it's very different from the plan that we laid out in the beginning, I've got to say that. What I've seen, though, is that people have been resilient.

They want to get out. We've been doing events outdoors. I was in Shelby County Saturday night. We had an amphitheater.

Everybody was sitting outside. It was a beautiful evening. And it worked out just fine. So we've had to adapt. I hope that when the book gets written and they write the chapter about our campaign that we will have been one of the most rapidly adapting campaigns. We certainly succeeded and hit our goals. But the terrain has changed. And on the voting, I hope that everybody here in Tennessee realizes that if you see a long line, a lot of that has to do with the fact that everybody's staying six feet plus apart. Yes.

I did early voting. That was exactly the... By the way, it was very orderly. But clearly people were staying six feet back.

It makes the line look really long and it's not as long. It moved very quickly. I think I was in and out of there in 15, 20 minutes. You were here for the debate. I thought the takeaway in the debate was... Let's see if we have the sound from this.

I want to play the... Let's see if we can find it. The comment that the Vice President made about oil and gas. So that became, I think, a major talking point. What was your sense, first of all, before we get to the particulars, what do you think of the debate overall? I thought the debate was a great success. The President did a terrific job. And even though they tried to shift the focus from foreign policy, which was supposed to have been the topic, that generally is the topic of the third debate, they tried to put it into a framework that would have suited Biden in every respect. But the President did a wonderful job on the debate in Biden when he came out with the hit on the oil industry.

I'm looking forward to this. Would you close down the oil industry? By the way, I would transition from the oil industry, yes. Oh, that's a big statement. It is a big statement because I would stop... Why would you do that? Because the oil industry pollutes significantly.

My favorite part there is Kristen. Coming in and saying, oh, why would you do that? Almost like she's a Democrat saying, why would you do this? Why would you say this, Joe, in front of everybody and tell everybody this even if we support it? What are you doing two weeks out before the election?

Tell everybody you want to get rid of oil. But that's what he said because that's what he believed. And his party is even more radical than he is on that. And he's trying to walk it back, which isn't working. How big of a moment was that?

That was huge. And I think that Joe Biden has done his best not to tell us his plans. I've often wondered whether he can remember what his plans are. But you know Kamala Harris and Bernie Sanders know what the plan is. But this was something that really revealed the fact that he doesn't understand how the economy works.

He's willing to take both our economic security and our national security and throw them to the wind. And who makes these solar panels? China. Who's going to make the turbines for the wind?

China. He's going to put us back into dependency on China again. And we know the families' financial relationships, the Biden families. That's a really important point.

The financial relationship. Yeah, it's a point that probably people don't immediately make is that these other sources of energy they're talking about, we're not at the manufacturing level yet in our country to produce it here, right? I mean, I know that that's a big part of your campaign has been getting our country to the point where we can manufacture like that. But we can't immediately. We've had to do a lot of work to get to that point. No, we've talked about it. I want to see Made in the USA the theme of America again. And a lot of it has to do with dealing with standing up to China. But you just said something that I'm going to reiterate it.

Because I don't think most people are. I wish there was another way to get another debate question. So who's going to be making the turbines? Who's going to be producing the solar panels? It's going to be China.

Exactly. So that makes the dependency on China. We're now energy independent for the first time in our lives.

And now we're going to go back and be dependent upon them to produce the solar panels and the turbines that we need for solar and wind. That is our national security at risk. That's why this election is so critical.

Also what's important too. And then you've got the national election. Of course the Presidential election which takes. But the elections happening at your level too. At the US Senate level.

This is critical. Because if President Trump is re-elected. If the Senate does remain. If even small margins in Republican hands.

You're able to get things done. Even though I think what Nancy Pelosi has done has just been horrific in not moving forward with the COVID relief that Americans need. The Senate will be there. And it will be there in a way one to stop endless investigations. So that this President can move forward. But also two to put the policies. He's got a whole second round of policies ready to be put in place. And also to get us out of the place we are now. I think people understand that with this President and the right team in the US Senate. We can be out of the COVID kind of situation. We're already starting to see that recovery happen. And that we don't want to re-shut down our economy like Joe Biden says he wants to do.

Start shutdowns again. And people don't want to go back to that. Even in blue states.

Yeah I agree with you. And the President put me on the White House Economic Recovery Task Force. During this pandemic. To already get started working on the policies that will help us rebound our economy more rapidly. Our goal is to make America rebound faster than other nations, faster than Europe, faster than China, Japan. Also to come back stronger. And by that I mean getting our supply chains back home.

Strengthening our nation from a national security and an economic security standpoint. In Tennessee people have until Thursday to vote early. And then it goes back to election day voting. We talked about the early voting. I think this is important for all of our listeners. But it seems like we've all done it. And it was done in a very safe way. Took us all about that 30 minutes.

It looks a little bit longer than that when it's outside. Because of the way they're doing it. But what are you encouraging people out there who are listening to this radio broadcast wherever they are in the country.

But in Tennessee as well. To do, you know, to spend this final week if they want to assist campaigns, if they want to help. What should they be doing? I mean the first thing is obviously making sure they get their vote in. And get 10 friends, get 10 relatives, get your friends to go to the polls. Because the Democrats are very organized too.

They are. People need to understand that. There's one point I make as well.

You all were there. My mother is 88. And when she went to vote, they came and they take people that are older, that are infirm. If you happen to have a crutch or a cane, they will take you right to the front of the line.

I want people to know that too. So if a person pulls up, they've got a wheelchair, they're going to go straight to the front of the line. Don't think that you're going to have to be at the very back of the line and wait for 30 minutes.

They'll put you right there. And I think people are trying to make this work. I mean I think it's a good thing for the United States of America as citizens of the United States. Regardless of your party, that even with the pandemic, people are able to vote in person. I think, you know, it's good that you have early voting too.

But that people are exercising their right, their constitutional obligation, I call it, to vote. But I think important for everybody is what is on the minds of the citizens. You mentioned the economy. So Nashville, Tennessee generally, the state of Tennessee has had a very robust economy. What's been the impact of COVID on that economy and how do you see it turning around?

I tell you, COVID has been devastating right here in Nashville. What we've seen is a lot of construction that's been able to continue. You know, Nashville has been booming.

Construction projects have continued to move forward. But everything in the tourism industry has been just cratered. What we've seen is a huge decline just a complete drop off in the tourism and the hospitality industries here. Every place else is beginning to come back. If you go up to Sevierville, up in East Tennessee, it's booming up there, not so in Nashville.

People are dying to get outside and to recreate. We've got great assets here in Middle Tennessee to do that right here in Nashville. That's not been allowed to happen.

Yeah, that has been a real challenge. We do have a call from Tennessee. Yeah, that's right. Julie's calling from Tennessee on Line 3. Hey, Julie, welcome to JCECU Live. Thank you.

Thank you for taking my call. First of all, my main question is in direct to Vice President Biden's comment about the oil industry. My first question is who are the benefactors if there's a dive in the oil industry?

And my second question is who are those benefactors' donations going to? Well, I think what Ambassador Hagerty said is right, and I want to repeat it. And that is if you go to solar and wind as the primary, we lose our energy independence. It sounds like we won't lose our energy independence. Everybody gets sun. Everybody gets wind. But you have to make equipment. And who makes the equipment? China.

I mean, think about that. So we go away from energy independence to immediately systems dependence for energy. Instead of what your plan has been in this final minute, which I think is important, which I think has resonated with Tennessee voters, but also voters across the country, they want Made in the USA for real. So if we do want to install these solar panels one day, if we want to go with these wind power one day, then we don't have to rely on China. But to do that, we have to get our manufacturing up to speed.

We're not there yet. And so you've got plans, too, to kind of get America back up to speed when it comes to manufacturing. I think our manufacturing capacity can and will be the strongest in the world. And I think Tennessee can be right at the forefront. We've got a great business climate. We have a great location. We have the strongest balance sheet in the nation. And we need to work harder and harder on occupational training, vocational training here in Tennessee so that we have the strongest workforce as well.

That's the direction we want to take it. Listen, Bill Hagerty served our country already as ambassador to Japan. He's well versed in the issues that are facing our country. We'll make a great United States senator.

And as the ambassador said, tonight we will see the confirmation and the swearing in of the next Supreme Court justice of the United States, Amy Barrett. To find out more about Bill Hagerty's campaign, teamhagerty.com. Only when a society can agree that the most vulnerable and voiceless deserve to be protected is there any hope for that culture to survive. And that's exactly what you are saying when you stand with the American Center for Law and Justice to defend the right to life. We've created a free, powerful publication offering a panoramic view of the ACLJ's battle for the unborn.

It's called Mission Life. It will show you how you are personally impacting the pro-life battle through your support. And the publication includes a look at all major ACLJ pro-life cases, how we're fighting for the rights of pro-life activists, the ramifications of Roe v. Wade 40 years later, the play on parenthood's role in the abortion industry, and what Obamacare means to the pro-life movement. Discover the many ways your membership with the ACLJ is empowering the right to life.

Request your free copy of Mission Life today online at ACLJ.org slash gift. The challenges facing Americans are substantial. At a time when our values, our freedoms, our constitutional rights are under attack, it's more important than ever to stand with the American Center for Law and Justice. For decades now, the ACLJ has been on the front lines protecting your freedoms, defending your rights in courts, in Congress, and in the public arena. And we have an exceptional track record of success.

But here's the bottom line. We could not do our work without your support. We remain committed to protecting your religious and constitutional freedoms.

That remains our top priority, especially now during these challenging times. The American Center for Law and Justice is on your side. If you're already a member, thank you. And if you're not, well, this is the perfect time to stand with us at ACLJ.org, where you can learn more about our life-changing work.

Become a member today, ACLJ.org. Hey everybody, welcome back to the broadcast. Taking your calls at 800-684-3110.

That's 1-800-684-3110. We had Ambassador Bill Haggerty with us. Andy O'Connell is now joining us.

Than Bennett in Washington, D.C. Let's go right to Than. Because in hours, literally, we are going to see the confirmation, and you will see tonight the swearing in of Amy Coney Barrett as an Associate Justice of the Supreme Court of the United States. By the end of today, Jay, Judge Amy Coney Barrett will be Justice Amy Coney Barrett, and it's going to happen by a margin that actually has some breathing room. There's going to be 52 votes in the United States Senate.

Lisa Murkowski of Alaska has announced that she is going to support the confirmation of Judge Amy Coney Barrett because of her qualifications. Jay, she did vote against a procedural motion earlier in the weekend, so that vote was 51 to 48. Interestingly enough, Senator Kamala Harris, who thought this was such an important issue to oppose, she didn't show up in Washington, D.C. to cast an opposing vote, so that margin was 3 as well. Jay, there was debate throughout the night last night.

It went through the weekend. A credit, in my view, to Leader McConnell and Senator Graham for putting this on a track that would bring that vote today. But, Jay, if Democrats take all of the time that is allotted to debate today, roughly around 730 East Coast time, they will take a full vote on the floor of the United States Senate, and it sure looks like that final tally is going to be 52 to 48.

But one way or another, Jay, at the end of today, there will be a full complement of nine justices on the United States Supreme Court, and Judge Barrett will be Justice Barrett. All right, let's take Roberta, who's calling from Colorado, because she's got a question about Susan Collins, who's up for reelection. Roberta, welcome to the broadcast.

You're on the air. Thank you. I just wanted to know when she's up for reelection and why she would not vote for Amy Coney Barrett. Because she's up for reelection right now, and she's in a really close race, and her vote is not going to be decisive, Andy, in the turnout of the confirmation.

Amy is going to be – Judge Barrett will be confirmed. So the question then becomes, does Susan vote the way her constituents probably, which would be opposed – she opposed the process. She opposed the process, said that the President should not be nominating this close to an election, and when Lisa Murkowski of Alaska decided to vote in favor of Judge Barrett, that gave the Republicans the 52 votes, which is more than they needed, and they gave Senator Collins essentially a pass to go back to be able to say to her constituents, and she is, to answer your question directly, she is up for reelection right now. She is in a race right now that's very tight and very close in Maine.

This may help her. Look, she voted against impeachment. She generally votes with – talk about the politics of what – you and Than talk about the politics of what this is.

Yeah, I mean, listen, the votes are there to confirm. Susan Collins' vote is not going to be the vote that is necessary to put Judge Barrett – to make Judge Barrett Justice Barrett, and if she's in a very tight race, and you're talking about ultimately whether or not you like the politics of Susan Collins or not, she would – if she wins, she assists in the Republicans keeping the majority, and the majority of Republicans don't adopt Susan Collins' politics, but she is a Republican. And so I think you look at it just straight up strategically at this point when you've got an election eight days out, that if it benefits her or helps her or just doesn't hurt her to take that vote this way, and it's not also going to be a vote that Judge Barrett has to have, in this political environment, you make the tough political decisions that are best. Do I think that if her vote was absolutely necessary, Susan Collins would be there for Judge Barrett? I think she would. I think she's proven that in the past. She took the hit by standing with Kavanaugh. She took the hit on impeachment. So if she was – if it was necessary. But she's got – you know, you've got Murkowski, you've got Romney, you've got Gardner, the votes are there.

You don't need – the vice President's going to be there to preside over it. So it's a completely political decision. Yes, and I think that, again, it's not that you have to support the politics of Susan Collins or of Maine Republicans, but remember that she contributes to that overall number of whether Republicans retain control of the U.S. Senate and fan. That is key, especially if President Trump is – well, either way, if President Trump's re-elected, they are the wall that stands in between the out-of-control House Democrats. And I think it looks pretty tough to switch the House right now. It's – but you take a big wave election that the polls aren't showing at all.

But who knows? They're all up for grabs, every House seat. But in the Senate, I mean, it becomes the wall. And if President Trump were not to be re-elected and you've got a President Joe Biden, but a Republican Senate, they even become that much more important.

It's so true, Jordan. I mean, it very well could be the deciding vote in the United States Senate. A 50-50 Senate is entirely possible, which would obviously make the vice President the tie-breaking vote, but it's also quite possible this seat in Maine could either take Republicans or Democrats to 51 seats. And look, I would – when I look at the Amy Coney Barrett situation and Susan Collins' vote, you know, she has said that she thinks Judge Barrett is qualified. I happen to disagree with Senator Collins' analysis on the procedure. I think the Senate is perfectly entitled to proceed as she wants. But I think you're exactly right that it has become a political decision for her. So I would tell voters in Maine, look at what a Susan Collins vote in Maine would mean for the United States Senate, as opposed to not Amy Coney Barrett, as opposed to Sara Gideon, her opponent, the former speaker of the House. The difference, Jordan, as you pointed out, won't just be on issue by issue and vote by vote. It could very well be the entire control of the United States Senate, and whether you have Leader McConnell or Leader Schumer.

I was going to say the same thing and throw that to Andy, because here's the reality. This is – listen, this is practical politics. This is what you're dealing with, practical politics. Susan Collins, when we were doing that impeachment proceeding, she also asked for witnesses. When she didn't get them, though, she didn't say, well, now I'm going to vote for impeachment, like Mitt Romney did for his one count. She voted the right way. She voted the way the evidence showed, which was the President was not guilty of the – was acquitted of the charges put against him. And Susan Collins is making – it's a political decision in a political moment.

I understand that fully, and I think it's a wise political decision. Look, the important thing right now is twofold, to get Amy Barrett confirmed on the Supreme Court and to get Susan Collins reelected in Maine. Well, we've got the votes to confirm Amy Barrett, so why jeopardize the possibility that Senator Collins, who, by the way, I watched very carefully during the impeachment and was fully engrossed and listened. Let me say, I was impressed with the acumen with which she listened and the care that she took and the notes that she took and the attention that she paid to everything that was going on on the floor. And I think she is a good senator. She is running in a very tight race. And I think that this may be what tips the scales, Jay.

I tend to think so, too. Now, the question, I think, for a lot of people – and this is, you know, this is the politics of it – she gets confirmed. She's being sworn in tonight. That is now behind us. That's going to fade off the news quickly because we are now literally eight days out from the election, which we're going to get into in the second half of the broadcast. But looking at where we are right now, and this is a preview of the coming attractions in the next 30 minutes, the one that's got me worried, Jordan – and you've done politics there – is Georgia. Yeah, I mean, I still look at the real clear politics average has Trump up at.4. He carried the state by five points in 2016, so it wasn't like he carried it by 20.

Right. Georgia certainly – it's just that there's a demographic shift. It's not just the African-American vote there.

It's actually just demographics of people moving from the Northeast, the growth of Atlanta and metro Atlanta and these cities around. And so the suburban voter there is a little bit different than the suburban voter was there maybe 10 years ago. I still think it's one of those states that, like, if Republicans were to lose – I mean, President Trump were to lose – that's a sign of bad things on election night. It's a state that needs to go President Trump's way, not because you can't get to the electoral votes. Right.

It's like a Texas. You should win it. You should win it by four or five points. And if you don't win it, it's a sign of things coming. I think that, again, that's one of those states where you might see – you want the Biden campaign to be spending resources in right now because I still think it's too difficult for them to win.

And I'd rather them there than Pennsylvania. Become a member today. ACLJ.org. Live from Washington, D.C., Jay Sekulow Live. And now your host, Jordan Sekulow.

Welcome back to Jay Sekulow Live. We're taking your phone calls. 1-800-684-3110.

That's 1-800-684-3110. A little breaking news. Yes. You just got it? Yeah. Aaron sent it. Yep.

Branson from our team. Go ahead. Rasmussen poll has Trump plus one nationally. Yes. That as of any – how long ago of that – when did that come out? Ten minutes ago. Ten minutes ago. Wow. I say it's a tight race. It's a tight race. This is when it moves too, right? I mean, I was going to ask both of you.

You do that. This is the – we're basically eight days out. Well, not basically. We are eight days out. So this is when it starts to really tighten up. This is not what Democrats wanted to see.

They did not want to – now, it always tightens. Democrat strategists know that. People have been around the block in these campaigns. They understand that when it comes to a national campaign, at least the polls tighten. That doesn't mean that your candidate won't win by a landslide, by the way.

Right. But the polls will tighten. Now, who needed the polls to tighten, though?

Who needed that kind of boost, I think, to the energy? It was President Trump. And it was not – Joe Biden wanted that idea of that I'm inevitable.

You're going to be dealing with me. My people are going out to vote early. So the Trump people, it's going to be whether or not they show up on election day for a lot. And, of course, I'm seeing polls too that show that about 97 percent of Trump voters say they're going to – that haven't voted yet say they're going to vote on election day.

So they're a motivated group that's going to wait hours in line to vote. But the question was who needs the momentum shift to where it just shows your base, that you're within striking distance in every single state that matters and nationally. And those polls weren't the case for President Trump two weeks ago. And what we know is that he typically overperforms. And if he overperforms the way he – Five-six is the last time.

Yeah, right. So let's say this time he overperforms only by four. It's still a landslide. So no polls are going to show that. But if they show that tightening, it's the real – it's the kind of check on reality for the Democrats and the left and the mainstream media. That I think what you'll start seeing this week is they will start going into crisis mode because they've realized for the last two weeks they've played up how Joe Biden can get to a landslide four different ways and how Donald Trump can't win.

He just can't get reelected. Now they're going to go into crisis mode because they're going to have to figure out how do you get people motivated to get out and vote if they've missed their early voting or if they've missed the mail-in timeline, which a lot of secretaries of states and blue states have said, don't do that anymore. Like if you've got a mail-in, you need to go drop it off in person.

So you either in-person vote or go drop that off in person because they just cannot guarantee – and some of the states don't – the rules are not clear. So I think you'll see crisis mode kick in probably within the next 24 to 48 hours because the Democrat media cannot preach to their own choir that this is in the bag because the choir won't show up to vote. And if that's the case – and this happens to them over and over again.

They love – they are Washington insiders and they get overconfident and the people out there say, well, why am I going to risk – because they've preached this too – risk my life going to vote and waiting three or four hours in some urban areas when Joe Biden's got this in the bag. And see, that's where I think their problem comes in, in places like Georgia and in places like Florida and in places probably like North Carolina. But we all agree that if Georgia were to go against the President, that the election would be in unbelievable jeopardy. Well, I personally would feel very bad because being a Georgian, it would really upset me tremendously. But I hear that Vice President Biden is going to Georgia one more time. But what I thought was interesting is that he's going to Warm Springs. And that doesn't make – well, it doesn't make any sense politically because – well, I don't know about that.

He called him boneheaded when he said he wanted to add on to the Supreme Court, so he's going to FDR. But let's talk about the area, Jay. I mean, we're talking about where I live, Meriwether County. We're talking about Pine Mountain, Waverly Hall.

We're talking about Chattahoochee. We're talking about a solid Trump area. He's going there for national symbolism, though. And it may be symbolism, but as far as getting votes from Georgia from that area, that's not going to happen. It will get media that day. It gets media in Georgia, but he's not turning out – he's not encouraging the vote in Georgia.

No, that's right. And I think Barack Obama's events were pretty flat. They were very flat in Miami.

We haven't gotten into that, but like the weird drive-up events. In Miami. Barack Obama was an awesome campaigner.

I'll give him that excellent order. It's flat when he doesn't have the crowd like President Trump has had. And guess who's dominating the media right now?

President Trump because he's going state by state by state, rally by rally. The challenges facing Americans are substantial at a time when our values, our freedoms, our constitutional rights are under attack. It's more important than ever to stand with the American Center for Law and Justice. For decades now, the ACLJ has been on the front lines protecting your freedoms, defending your rights, in courts, in Congress, and in the public arena. And we have an exceptional track record of success.

But here's the bottom line. We could not do our work without your support. We remain committed to protecting your religious and constitutional freedoms.

That remains our top priority, especially now during these challenging times. The American Center for Law and Justice is on your side. If you're already a member, thank you. And if you're not, well, this is the perfect time to stand with us at ACLJ.org, where you can learn more about our life-changing work.

Become a member today. ACLJ.org. Only when a society can agree that the most vulnerable and voiceless deserve to be protected is there any hope for that culture to survive. And that's exactly what you are saying when you stand with the American Center for Law and Justice to defend the right to life. We've created a free, powerful publication offering a panoramic view of the ACLJ's battle for the unborn.

It's called Mission Life. It will show you how you are personally impacting the pro-life battle through your support. And the publication includes a look at all major ACLJ pro-life cases, how we're fighting for the rights of pro-life activists, the ramifications of Roe v. Wade 40 years later, Planned Parenthood's role in the abortion industry, and what Obamacare means to the pro-life movement. Discover the many ways your membership with the ACLJ is empowering the right to life. Request your free copy of Mission Life today online at ACLJ.org slash gift.

Welcome back to Jay Sekio Live. We are taking your phone calls 1-800-684-3110. That's 1-800-684-3110. I want to start taking calls too because people...

If you start getting this information too, give us a call because we could check quickly state by state. So we got a caller from Colorado about voting there, and Mary's calling online for... Hey, Mary, welcome to Jay Sekio Live. You're on the air. Hi.

Hey, Jordan. Yeah, I just moved here from Illinois in the beginning of the month, so I did qualify to register to vote here, and I knew my vote in Illinois meant nothing, so I wanted to register here for Cory Gardner and other Republicans. So I went and registered to vote, and the woman at the registration... First of all, I didn't have a Colorado driver's license yet, and she told me, well, you have to have that in order to register.

And I was like, oh, and she goes, but don't worry about it. I'll register you anyway. And I thought, huh, okay. Most states, usually if you have sub four federal ID, also because of COVID especially, new people... I haven't been able to switch my driver's license yet over to where I live now, and so I use my passport, and that works as a federal ID plus I have an address and been registered, but go ahead.

Yeah, okay. So I had a Medicare card, so that allowed me to register. But then she said to me, I said, now, will I get something showing me where to vote in person? And she said, oh, you can't vote in person in Colorado. And I said, what do you mean I can't, because I've been voting 48 years on election day in person. And she said, no, we are an all mail-in state. You can either use the ballot, the boxes outside, or you can mail it in. That's all. I said, I can't vote in person.

She said, absolutely not. So when I came home, I went online and I looked and guess what, lo and behold, I can vote in person. Yeah, I actually pulled up the same. Your Secretary of State's website is very clear. It takes one Google search, which is why this misinformation is wrong from these election workers. So here's what... Colorado did the mail-in ballots to everybody. So what you do if you want to vote in person, it's actually, you may return... You can take your mail-in ballot and say, here's my ballot, I didn't use it, and vote in person at a polling center. And even if you don't return your mail ballot, you can still vote in person. Now, that's where you get some bizarre things, because you could have a ballot out there that you did send in, and plus a vote in person, so how are they going to handle that? But again, you do have the ability to vote in person until 7 p.m. on election day on November 3rd. So let's look at this, though.

I want to get... But you see the misinformation coming from people, and some of it's intentional, some of it's not. I think the mischief going on right now is in Pennsylvania. I think Pennsylvania's got... there's mischief. I think there's probably mischief in every state that's a major battleground and where there's a major Senate race. But yes, there's some big states... Pennsylvania, they're changing all... the judges, Harry, are changing the rules. Like as we speak. Absolutely, and the United States Supreme Court has refused to intervene so far.

But that was just a stay. I agree, but certainly if you look at the statutory language in Pennsylvania, the Pennsylvania either legislature or the governor does not have the right to change the voting date or when the ballots have to be postmarked. I mean, it is clear as the sun is orange that they don't have the right to do this, but yet they continue to overuse the coronavirus pandemic as an excuse for special circumstances when I think it is clear beyond question that all voters can either vote in person or they can request an absentee ballot and they can mail it in by November the 2nd or the very latest November the 3rd. People have asked me if I think there's going to be a Bush versus Gore. Is there going to be the one case that decides the election?

It's very hard to tell a week out. Now, during the week, the day of the election and the hours afterwards, Andy, you're going to have a better sense on how the counts are going to look. Now, Bush versus Gore, it was very close. So every hanging chad, every way it was counted made a big difference.

So the question is going to be in these various states, Clooney, Pennsylvania, is one of the candidates up by, say, plus 50,000 or plus 100,000 or 120,000? Then it makes it harder. Then those ballots may not have much of an impact. If it's less than 50,000, which it was last time, how it's counted and what the court does becomes a really big factor. Yeah, it does become a very big factor.

And, you know, resort to the courts is not unusual. We had it in Gore versus Bush. We may very well have it again. We'll have it with a different combination of court members, though, this time. And that's going to make a tremendous difference.

And I think that the confirmation of Justice Barrett, I think, is very good. We don't know. We don't know.

You never know. I mean, you know, thank you, John Sununu, for David Souter. You know, he was one thing and he turned out to be something else.

I mean, three Trump judges on a case out of the Fourth Circuit this last week ruled against the position that the Trump campaign was advocating. So, I mean, you don't know. Yeah. But let me ask this question to you and to Fan. Yeah.

Okay. We are eight days out. We got a Rasmussen poll, which I'm sure they're going to say is an outlier, right?

Because that's an outlier. Or was that post-election? Was it post-debate, rather?

What was the dating of the poll survey? Somebody needs to tell me. Or we don't know. Okay, that's the key.

Well, I think that, listen, the key is this. If for President Trump, polls tighten, that is a bad sign for Joe Biden. Now, I don't put a lot of weight into national polls, but I think that it's a sign that says that if you have national polls coming out that even show President Trump in the lead at all, what it means is that it is as close as we thought it is.

It's just like 2016. And let's remember that in 2016, four years ago, Hillary Clinton was up in Florida. She was up in all these places in the RealClearPolitics average by more than what ended up being. So she was up by four. Biden's only up by one.

In Georgia, other than Georgia, when I look at these states, Hillary Clinton was up in every one of these battleground states. And she was up sometimes outside the margin of error, and then she lost it by five, six points. That means a ten-point swing.

Ten-point swing. So the polls that show this tight are good for President Trump leading into this day because his voters are extremely motivated. So this Rasmussen poll that we're checking out, that was done today. These are the daily polls. Post-debate. First daily tracking post-debate. So, Than, what impact do you think that debate had? I think it had a lot.

I would just tell you a couple of things. I think the Rasmussen poll, which is very fresh, I think it's confirmation of a trend we've seen at state-level polls for a while now. Now, obviously, those state-level polls bounce around a little bit, but if you look at a long enough trend, there's no doubt that the polls in the key states are tightening.

And, Jay, you said earlier that this is the clutch critical time, and it really is because you start to see the trend on the state level. But the thing that I noticed today, though, Jay, and I just really was baffled by it, Joe Biden has no campaign events scheduled for today. It's just staggering to me that eight days before, what is he doing? He's choosing the Hillary Clinton coasting strategy that clearly feels like it's indescribable to me. I cannot for the life of me figure out why they did not learn from last time, Andy and Harry, as to the strategy of not showing up in the last week, even if they do it the way they do it.

I can understand that. The speech is by, use a teleprompter, don't make gaffes, don't do interviews, but show up places. It is, to me, so frustrating as a Democrat activist, a Democrat organizer, where you turn on the TV, and Donald Trump's already been in three cities today in Pennsylvania, in a key state, and Joe Biden's back in his basement. But they are doing that as an intentional move. I think it's definitely an intentional move. He made a gaffe yesterday when he said we're running against George, we can't have George again for another four years, and then he corrected himself and said, I don't know if you saw this, but it was, oh, I mean, President Trump. So it could be that he's gotten to the point now where his handlers are saying it's better not to put him up. I think that's been the strategy from the beginning on this, is to keep him away from the cameras unless it's scripted.

Harry? I think that is correct, but I think fundamentally the issue, which is different than the issue that confronted Hillary Clinton, Biden people do not trust Biden to be the best advocate for his candidacy. They believe he's very, very weak, and generally speaking, if he's unscripted, that is clearly the case. I also think they are a bit spooked by the fact that there is a laptop circulating somewhere with information. I don't know anything about the laptop, but I think the Biden people are a little leery of the questions that he might get.

Is that playing anything? I don't know, is that moving the needle on the votes? Maybe keeping them away from the media. Is it moving the needle on the voting?

Well, I think it does. If it keeps him away from the media, and he's scared to do interviews, and he's not going out giving speeches because the media will then shout questions out to you. Yeah, it is moving the needle in the sense that it's keeping Joe Biden in his basement. To be President of the United States, you've got to show people that you've got it in you to go harder than anyone else in the country. You've got to have something that drives you, because that's what you need to be as President. So, President Trump, already as we speak, has been in three cities.

Done three massive rallies today, and will do more. And he is President of the United States, having to make those decisions as well. And the contrast there, the contrast there between someone who's not in the battleground states. This is actually worse than what Hillary Clinton was doing.

Hillary Clinton was not going to the right places, but she was still out there. Joe Biden is not out there. This is eight days out. I mean, eight days away, and he's going to do events like Andy said, these events like in Hot Springs, Georgia, but no one's going to actually be there. That's just an event to show up and get some footage at, but it's not encouraging people to get out the vote. That is the core problem. It's all going to be about turnout.

That's how tight this election is. Only when a society can agree that the most vulnerable and voiceless deserve to be protected is there any hope for that culture to survive. And that's exactly what you are saying when you stand with the American Center for Law and Justice to defend the right to life. We've created a free, powerful publication offering a panoramic view of the ACLJ's battle for the unborn.

It's called Mission Life. It will show you how you are personally impacting the pro-life battle through your support. And the publication includes a look at all major ACLJ pro-life cases, how we're fighting for the rights of pro-life activists, the ramifications of Roe v. Wade 40 years later, Planned Parenthood's role in the abortion industry, and what Obamacare means to the pro-life movement. Discover the many ways your membership with the ACLJ is empowering the right to life.

Request your free copy of Mission Life today online at ACLJ.org slash gift. The challenges facing Americans are substantial. At a time when our values, our freedoms, our constitutional rights are under attack, it's more important than ever to stand with the American Center for Law and Justice. For decades now, the ACLJ has been on the front lines protecting your freedoms, defending your rights in courts, in Congress, and in the public arena. And we have an exceptional track record of success.

But here's the bottom line. We could not do our work without your support. We remain committed to protecting your religious and constitutional freedoms.

That remains our top priority, especially now during these challenging times. The American Center for Law and Justice is on your side. If you're already a member, thank you. And if you're not, well, this is the perfect time to stand with us at ACLJ.org, where you can learn more about our life-changing work. Become a member today. ACLJ.org.

Welcome back to JCQ Live, where you write your phone calls, 1-800-684-3110. So we know there's one thing that appears certain today, and that is that this evening at the latest, Judge Barrett will be confirmed by the U.S. Senate and then be sworn in as Justice Barrett to the U.S. Supreme Court and immediately begin serving on the court. Like you said, Dad, they'll do the quick kind of swearing in, and you do the more ceremonial one later. You can do the nice ceremonial one later, but she's going to be sworn in tonight at the events at the White House, and they'll swear her in.

There'll be a limited number of people there, and she will start serving on the Supreme Court this evening as an Associate Justice of the Supreme Court. When does this thing go until the debate? Yeah, if they use all the debate, Jay, the vote will take place around 730. I mean, you know, the United States Senate, there might be some procedural roll call votes that could push it a little bit later. I actually think the Democrats might be back in overtime, too. I heard it may be over. Yeah, exactly could be, but 730 is the expected vote time at this point.

Okay, all right, let's go ahead. I think, you know, if the Democrats want to put that in primetime, go right ahead. I think that they are making some missteps along the way. People, it was like Lisa Murkowski. She was dead set. She just did not like the way this was going, but she met with Judge Barrett. Judge Barrett won her over, so she's going to vote yes for Judge Barrett. The American people, she polls over 50-something percent. This is while they were doing this whole thing of they shouldn't have nominees before the election, all that polling. So if you want to put her in primetime eight days out to have that vote, please, let's show all the Democrats voting against her and the Republicans voting for her, and then that's eight days away from when people, the vast majority of people will still end up casting their vote. They made a big deal about their early vote.

Yes, it's big, but the vast majority of people are going to be voting at the very end of this race. Yeah, no, I think that's right. All right, let's take these calls. Yes, let's go to Donna in Pennsylvania.

She has a question about Judge Barrett being confirmed. Donna, welcome to Jay Sekio Live. Oh, hi.

Good afternoon, gentlemen. I love your show. I support it every month.

I watch it daily, and I'm a big Trump supporter. And being from Pennsylvania, I'm very upset about this extension to the voting, and I wondered, once Judge Barrett is confirmed, is there any way that she would be able to reverse the PA voting extent? Well, first of all, there was not a subset. I'm going to be clear on something. What happened in Pennsylvania last week at the Supreme Court of the United States was an order on the stay, and it was 4-4.

So Roberts joined with Kagan, Sotomayor, and Breyer, and then you had Alito, Thomas, Gorsuch, and Kavanaugh, so it was split 4-4, and they didn't leave the stay in place, which involves the counting of these ballots. But, of course, that wouldn't be an issue. It's not really an issue right now, because we're not post the election day. The merits of the case are up there now. Just went up latter part of last week.

I mean, I think on Friday. So when she is sworn in, she will be a judge that can sit on any case that's before the Supreme Court of the United States. So the Pennsylvania case is up there. She will be able to sit on it, whether it will be done on papers or just briefing or the call for oral argument, I don't know, but that's the merits decision. So there's been no merits decision yet whatsoever. So you could have a situation where Justice Roberts on the merits goes, Andy, in favor of, I mean, it could change. Yeah, I would be surprised, however, by Justice Roberts' Well, not necessarily. He's voted no on stays before, and substantively when the merits have come up, he's decided it. He has, but I'm becoming increasingly uncertain about how he's going to do this.

Well, I'm not so pessimistic. I think that, look, when you're dealing with the stay, you're dealing with a different legal standard. When you're dealing with the merits, you're dealing with the law as it relates to this issue. Still may defer to the states.

He may not. Judge Barrett will be on there. I want to get to Wes for a second, Jordan, then we'll go ahead and take another call.

And, Wes, you've been traveling a bit. I want to get your sense of where you think things are right now. With the election.

Yeah. You know, I think it's going to be sort of a replay of 2016. Right now, so many people in the Democratic Party and on the left are talking about polls, which are historically unreliable. But they also, the latest thing they're using is early voting stats. And this is notoriously not reliable. For example, you know, four years ago, North Carolina said that, you know, the Dems had a 13.1 percent advantage.

Now they have a 10.5, less than four years ago. And yet they're trying to claim this as a victory and that somehow- Trump won the state. Yeah, exactly. They're predicting Trump's going to lose, which they did this thing four years ago. Similar thing in Florida and in Nevada. They're all- what is happening, the mainstream media takes these stats and these polls, which are mere speculation, and they're presenting them as scientifically based, you know, politics and news, and it's really not.

So I'm going to ask Jordan and Than this. So you're getting these 63 percent of the early voting in Florida is Democrat. They said it was 65 percent of the early voting it would appear to be in Georgia was Democrat. Do these things mean anything?

I mean, of course it matters. It shows that what's happened has been a bit of a shift, but I think that's because of the message of President Trump to Republican voters. So typically in the past, there were more Republicans would vote early because they were a more motivated group. They got out there, they get out to vote.

But President Trump has said, you know, if it's by mail, don't do it. Show up and actually vote. So the early voting really has only begun in person in the last week in most places. Now, we're down to the last week of it, but it started last week.

It wasn't for like the last two or three weeks. That is what I think you start seeing Republican numbers. I think you're going to see a massive turnout. Democrats know it. I was listening to MSNBC this morning driving in, yes, listening to the enemy radio. And Mike Steele, who used to be the chair of the RNC, who's endorsed Joe Biden as part of that group, but he said, no, you'll see on Election Day a massive turnout of Republicans because they've listened to their President who says don't trust that mail-in system. And by the way, Democrat secretaries of state are telling people now, don't trust the mail-in system. It's too late now. So you're going to see a massive amount of Republican turnout on Election Day. All right, let's go to Kathleen Maryland. Yeah, Kathleen on Line 3.

Welcome to JCECCO Live. Hi, I actually had a question, but after listening to your comments, I also have a comment. The question I have is if Donald Trump didn't win Georgia, would that really impair his electoral win? Oh, yes. I mean, it's not only does it – first of all, it's electoral votes. It would be, but then it also would be a – Jordan said this earlier – it would be a – it's a bad sign for the night. It's an East Coast state, so then you'd have to replace it with someplace else. Sixteen electoral votes. Yeah.

Dan? It'd probably be a sign of things that were happening elsewhere. But look, I expect President Trump's going to win Georgia. I really do. The one thing I would say about the last question, though, is I actually see the proportion of Democrat to Republican early voting where I would expect it to be.

And I think the increased volume, I really think that has to do more with COVID than anything. Okay. Yeah, go ahead. Final call of the day. This is a call I'd like to take because Allen, South Carolina is in one of my favorite places, Gatlinburg, Tennessee. Hey, Allen, welcome to JCECCO Live. Thank you for taking my call.

I just want to encourage everybody. We were just in Gatlinburg and Pigeon Forge last week. There were multiple people were in Trump gear, Trump stuff, and went into a store of selling that. And I said, you know, they were also selling some Biden stuff. And they said, I asked her, how is this working? And she said, well, who do we have the most paraphernalia for?

Who do you think is buying most of this stuff? So I feel pretty good about Pigeon Forge and Gatlinburg. Well, you know, we had Bill Hagerty on with us and he's running for U.S. Senate in Tennessee. He's the nominee. This is the second person you vote for in your ballot here after the President. So obviously this is a red state. But it does show in these red states where people could just be kind of like, hey, we're going to win with Republicans. But you got to vote because he said his opponent had a million dollars. Right. People do have to still show up to vote.

It's not just all about buying hats and T-shirts. You do have to do what in some places will be a two-hour line. Now, in most places, the line looks longer than it is. But honestly, you might, if you wait till Election Day, you might be waiting two or three hours. And that's usually what determines who wins.

Whose people, if it's raining, if it's cold, the weather's bad, will wait those two or three hours, even during COVID, to cast their vote on Election Day. That will be very important. We'll talk to you tomorrow on Jay Sekio Live. For decades now, the ACLJ has been on the front lines, protecting your freedoms, defending your rights, in courts, in Congress, and in the public arena. The American Center for Law and Justice is on your side. If you're already a member, thank you. And if you're not, well, this is the perfect time to stand with us at ACLJ.org, where you can learn more about our life-changing work. Become a member today. ACLJ.org.