1 00:00:00,080 --> 00:00:02,880 Speaker 1: Democrats are attempting to turn the Supreme Court into a 2 00:00:02,960 --> 00:00:07,400 Speaker 1: campaign issue. After decades of seeing Republican candidates rally voters 3 00:00:07,440 --> 00:00:11,879 Speaker 1: to reshape the court with Conservatives, some Democratic presidential candidates 4 00:00:11,880 --> 00:00:16,400 Speaker 1: are making promises. Here's Ramont Senator Bernie Sanders. I will 5 00:00:16,520 --> 00:00:22,239 Speaker 1: not appoint anyone to the United States Supreme Court unless 6 00:00:22,320 --> 00:00:27,320 Speaker 1: that man or woman is prepared to defend roll the Wade. 7 00:00:28,680 --> 00:00:32,600 Speaker 1: Joining me is sa Hill Kapoor Bloomberg News national political correspondent. 8 00:00:32,920 --> 00:00:37,520 Speaker 1: So Hill, what's driving this focus on the Supreme Court? Well, 9 00:00:37,520 --> 00:00:40,280 Speaker 1: a number of things. Democratic candidates are more and more 10 00:00:40,360 --> 00:00:42,920 Speaker 1: focused on the Supreme Court as a result of what 11 00:00:43,000 --> 00:00:47,040 Speaker 1: I would call a perfect storm of events. Now, roversus 12 00:00:47,040 --> 00:00:52,200 Speaker 1: Wade is basically that ruling, that holding is at stake 13 00:00:52,240 --> 00:00:54,440 Speaker 1: at this point of almost half a century after it 14 00:00:54,600 --> 00:00:58,920 Speaker 1: was decided in three I think with the new Conservative 15 00:00:58,920 --> 00:01:01,120 Speaker 1: Supreme Court, many for wrests as are worried that that's 16 00:01:01,160 --> 00:01:04,120 Speaker 1: going to dissipate. There's a lot of anger that remains 17 00:01:04,200 --> 00:01:07,279 Speaker 1: from Republican leader Mitch McConnell's refusal to let President Obama 18 00:01:07,360 --> 00:01:10,600 Speaker 1: phill a Supreme Court seat in for the last ten 19 00:01:10,680 --> 00:01:12,560 Speaker 1: months of his presidency. So there are a number of 20 00:01:12,600 --> 00:01:16,520 Speaker 1: things that are waking up Democratic voters to the importance 21 00:01:16,560 --> 00:01:18,680 Speaker 1: of the Supreme Court in ways that we haven't seen 22 00:01:19,200 --> 00:01:23,600 Speaker 1: in frankly decades. You mentioned Senator Mitch McConnell, who helped 23 00:01:23,600 --> 00:01:27,640 Speaker 1: transform the Supreme Court with President Trump, but with a 24 00:01:27,760 --> 00:01:31,679 Speaker 1: sent if the Senate is still controlled by McConnell, how 25 00:01:31,720 --> 00:01:35,480 Speaker 1: can a Democratic president get liberal justices on the Court 26 00:01:35,560 --> 00:01:38,759 Speaker 1: when he might do the same thing. Again, Well, they're 27 00:01:38,800 --> 00:01:43,400 Speaker 1: not conceding that they won't win the Senate uh majority 28 00:01:43,560 --> 00:01:46,959 Speaker 1: in the election. Democrats are not conceding that. But of course, 29 00:01:47,319 --> 00:01:50,040 Speaker 1: if McConnell remains majority leader, then that's going to have 30 00:01:50,080 --> 00:01:53,320 Speaker 1: a big impact on what the potential next Democratic president 31 00:01:53,360 --> 00:01:55,920 Speaker 1: can do in terms of appointing justices. There may be 32 00:01:56,080 --> 00:02:01,280 Speaker 1: some moderate figures that you know, allowed a vote in 33 00:02:01,320 --> 00:02:04,400 Speaker 1: a McConnell led Senate, but some of the more progressive 34 00:02:04,440 --> 00:02:08,040 Speaker 1: types that UM advocates want will have a very hard 35 00:02:08,080 --> 00:02:11,640 Speaker 1: time getting through. Are any of the candidates going as 36 00:02:11,680 --> 00:02:14,600 Speaker 1: far as to support packing the court, which you know, 37 00:02:14,760 --> 00:02:17,800 Speaker 1: adding new adding a number of justices, or limiting the 38 00:02:17,919 --> 00:02:22,000 Speaker 1: terms of the justices. Yes, well, there are several candidates 39 00:02:22,000 --> 00:02:25,000 Speaker 1: who have expressed openness to that. Idea, most recently Senator 40 00:02:25,080 --> 00:02:28,760 Speaker 1: Kamala Harris of California, who is one of the one 41 00:02:28,800 --> 00:02:32,160 Speaker 1: of the high polling contenders in this massive field. There 42 00:02:32,240 --> 00:02:36,120 Speaker 1: are others like Mayor Pete Buddha Judge and Better Rourke 43 00:02:36,200 --> 00:02:40,680 Speaker 1: that suggested some openness, some willingness to expand the size 44 00:02:40,720 --> 00:02:42,480 Speaker 1: of the Supreme Court. And again this is being pushed 45 00:02:42,520 --> 00:02:47,400 Speaker 1: by progressive activists who believe that the Neil Gorset seat 46 00:02:48,000 --> 00:02:51,560 Speaker 1: was basically stolen from Democrats from President Obama by Mitch 47 00:02:51,680 --> 00:02:56,200 Speaker 1: McConnell's refusal to allow a vote on any nominee. So hell, 48 00:02:56,320 --> 00:03:00,760 Speaker 1: so the Conservatives basically got what they've been looking for 49 00:03:00,760 --> 00:03:04,000 Speaker 1: for so many years, and more conservative Supreme Court. So 50 00:03:04,160 --> 00:03:07,920 Speaker 1: is that issue going to be as important to them 51 00:03:08,320 --> 00:03:11,640 Speaker 1: come this presidential election as it was in past elections? 52 00:03:11,960 --> 00:03:14,480 Speaker 1: Do you issue of abortion? You mean the issue of 53 00:03:14,560 --> 00:03:20,040 Speaker 1: changing the court? Ah? Well, the anger is increasingly on 54 00:03:20,800 --> 00:03:23,440 Speaker 1: the left end of the spectrum, more so than the 55 00:03:23,480 --> 00:03:25,919 Speaker 1: conservative end. I think ever since Row, specifically since the 56 00:03:25,960 --> 00:03:29,919 Speaker 1: nineteen eighties, when Republicans decided to you know, reach out 57 00:03:29,960 --> 00:03:34,440 Speaker 1: to evangelicals with a very anti abortion platform, um it, 58 00:03:34,440 --> 00:03:36,880 Speaker 1: conservatives have been more tuned to the Supreme Court and 59 00:03:36,920 --> 00:03:39,920 Speaker 1: the importance of it at the ballot box. That may 60 00:03:39,960 --> 00:03:43,600 Speaker 1: be changing, I stress, may be changing. We don't know yet, 61 00:03:43,760 --> 00:03:46,520 Speaker 1: but we are seeing signs that Democrats are more tuned 62 00:03:46,560 --> 00:03:48,920 Speaker 1: to the importance of the importance of the Supreme Court 63 00:03:49,000 --> 00:03:52,360 Speaker 1: and the courts at large this election than any other 64 00:03:52,400 --> 00:03:55,040 Speaker 1: election probably in any of our lifetimes. It's true, I 65 00:03:55,080 --> 00:03:57,640 Speaker 1: don't I don't remember the last time a Democratic presidential 66 00:03:57,680 --> 00:04:02,080 Speaker 1: can it really stressed the court. Now, Republicans, as you write, 67 00:04:02,240 --> 00:04:06,200 Speaker 1: also use the courts to motivate voters in Senate races. 68 00:04:06,240 --> 00:04:09,560 Speaker 1: Explain what they're doing there, well, they draw a line, 69 00:04:09,640 --> 00:04:14,080 Speaker 1: as one source put it to me, between electing Republican 70 00:04:14,120 --> 00:04:20,479 Speaker 1: senators and electing Republican or appointing Republican appointed judges. You know, 71 00:04:20,520 --> 00:04:23,040 Speaker 1: they make the accurate point that if you want conservative 72 00:04:23,120 --> 00:04:26,720 Speaker 1: judges up and down the judiciary, you need a Republican 73 00:04:26,800 --> 00:04:29,760 Speaker 1: led Senate. And they're correct about that. And this is 74 00:04:29,760 --> 00:04:32,960 Speaker 1: a level of, uh, you know, communication to voters that 75 00:04:33,320 --> 00:04:36,440 Speaker 1: Democrats don't really engage in. Democrats, for the most part, 76 00:04:36,440 --> 00:04:38,760 Speaker 1: as you kind of alluded to, you know, have talked 77 00:04:38,800 --> 00:04:41,440 Speaker 1: about the courts as much more of an a political 78 00:04:41,480 --> 00:04:45,720 Speaker 1: institution than Republicans have and the lower courts are not 79 00:04:45,800 --> 00:04:51,200 Speaker 1: as visible as the Supreme Court, but Trump and McConnell 80 00:04:51,480 --> 00:04:55,440 Speaker 1: and the Judiciary Chairman have succeeded in making them more 81 00:04:55,520 --> 00:04:58,520 Speaker 1: conservative as well. Is there any indication that Democrats are 82 00:04:58,520 --> 00:05:01,880 Speaker 1: paying attention to that? There is a lot of indication 83 00:05:01,960 --> 00:05:03,680 Speaker 1: of that. I mean, starting with the two Supreme Court 84 00:05:03,720 --> 00:05:06,560 Speaker 1: justices that President Trump is appointed. Um, there are a 85 00:05:06,640 --> 00:05:10,080 Speaker 1: hundred and five other federal judges that this president and 86 00:05:10,120 --> 00:05:15,320 Speaker 1: Republican led Senate have installed just in you know, two 87 00:05:15,320 --> 00:05:17,880 Speaker 1: and a half years of as presidency. It's an extraordinary pace. 88 00:05:18,520 --> 00:05:22,359 Speaker 1: Most of these are young conservatives in their forties and fifties, 89 00:05:22,560 --> 00:05:24,640 Speaker 1: picked with the help of the Federalist Society, which is 90 00:05:24,680 --> 00:05:28,279 Speaker 1: a group of judicial advocates that wants to dramatically curtail 91 00:05:28,360 --> 00:05:30,520 Speaker 1: federal power. Some of them don't believe there should be 92 00:05:30,520 --> 00:05:33,680 Speaker 1: things like federal minimum wage or child labor laws, um, 93 00:05:33,680 --> 00:05:35,240 Speaker 1: and that those things should be sent back to state. 94 00:05:35,320 --> 00:05:37,719 Speaker 1: So what they're looking for, what they're trying to do 95 00:05:37,960 --> 00:05:41,839 Speaker 1: is um incubate a massive change in the way the 96 00:05:41,920 --> 00:05:46,920 Speaker 1: courts approached law and sharply curtail what the federal government 97 00:05:46,960 --> 00:05:49,239 Speaker 1: can do as a matter of legislating. Yeah, they're close 98 00:05:49,279 --> 00:05:53,719 Speaker 1: to flipping some circuits, so, um say, hell, the Supreme 99 00:05:53,760 --> 00:05:59,120 Speaker 1: Court could rule on some really controversial cases this upcoming term, 100 00:05:59,240 --> 00:06:04,240 Speaker 1: right in the mid love presidential electioning electioneering. Correct Now, 101 00:06:04,320 --> 00:06:06,880 Speaker 1: the cases that could come up. The issues that could 102 00:06:06,880 --> 00:06:11,120 Speaker 1: come up are the Affordable Care Act, the constitutionality of that. 103 00:06:11,200 --> 00:06:13,680 Speaker 1: It would be a major, major case if it lands 104 00:06:13,760 --> 00:06:16,720 Speaker 1: and on the docket in the midst of election. There 105 00:06:16,800 --> 00:06:19,640 Speaker 1: is a case that could come up on immigration and 106 00:06:19,960 --> 00:06:23,200 Speaker 1: uh the validity of the president's decision to end the 107 00:06:23,279 --> 00:06:27,000 Speaker 1: doctor program for young undocumented people. Um also a case 108 00:06:27,080 --> 00:06:29,800 Speaker 1: on LGBT rights that could make it up. There potentially 109 00:06:29,839 --> 00:06:33,839 Speaker 1: a case on gun rights. Even so, as one Democratic 110 00:06:33,880 --> 00:06:35,640 Speaker 1: activist put it to me, next year is going to 111 00:06:35,680 --> 00:06:40,359 Speaker 1: be an apocalyptic term. That is a little bit scary. 112 00:06:40,440 --> 00:06:42,360 Speaker 1: Thank you so much to Hill. That's a hill coup 113 00:06:42,400 --> 00:06:44,880 Speaker 1: for Bloomberg News national political correspondent