1 00:00:00,120 --> 00:00:03,440 Speaker 1: Get ready for a whirlwind of judicial confirmations this week. 2 00:00:03,560 --> 00:00:06,840 Speaker 1: Under pressure from Republicans in the prospect of ads running 3 00:00:06,840 --> 00:00:10,200 Speaker 1: against him, Senate Majority Leader Mitch McConnell is ramping up 4 00:00:10,280 --> 00:00:13,760 Speaker 1: confirmations this week. He set up votes for four nominees 5 00:00:13,760 --> 00:00:16,800 Speaker 1: to the federal appellate courts less than two weeks ago. 6 00:00:16,800 --> 00:00:19,680 Speaker 1: At a press conference in the Rose Garden, President Trump 7 00:00:19,760 --> 00:00:22,639 Speaker 1: complained that the Democrats were holding up votes on his 8 00:00:22,760 --> 00:00:26,320 Speaker 1: judicial nominees, but he bragged about the number of judges 9 00:00:26,400 --> 00:00:30,360 Speaker 1: he's had confirmed. They are obstructing, they're doing. It's really 10 00:00:30,400 --> 00:00:32,640 Speaker 1: what I'm telling you. They're not good politicians, but they're 11 00:00:32,720 --> 00:00:36,160 Speaker 1: very good at obstruction. Something that people aren't talking about 12 00:00:36,320 --> 00:00:39,159 Speaker 1: is how many judges we've had approved, whether it be 13 00:00:39,200 --> 00:00:42,960 Speaker 1: the Court of Appeals, circuit judges, whether it be district judges. 14 00:00:44,240 --> 00:00:48,239 Speaker 1: Nine of Trump's judicial nominees, including Supreme Court Justice Neil Gorstch, 15 00:00:48,320 --> 00:00:50,639 Speaker 1: have been confirmed by the Senate. At the same time, 16 00:00:50,720 --> 00:00:55,279 Speaker 1: during his administration, President Obama had five judicial nominees, including 17 00:00:55,320 --> 00:00:59,480 Speaker 1: Supreme Court Justice Sonya Sotomayor, confirmed, joining us as Carl 18 00:00:59,560 --> 00:01:02,840 Speaker 1: Tobio S Professor at the Union University of Richmond School 19 00:01:02,840 --> 00:01:06,960 Speaker 1: of Law and an expert on judicial nominations, Carl in 20 00:01:07,040 --> 00:01:10,600 Speaker 1: one week votes on four nominees to the federal courts 21 00:01:10,640 --> 00:01:13,600 Speaker 1: of appeals. That's one level below the Supreme Court. How 22 00:01:13,680 --> 00:01:18,639 Speaker 1: fast is that? It's very fast? Um, way ahead of 23 00:01:18,840 --> 00:01:22,520 Speaker 1: I think Obama and Bush. Um. And it's it's important 24 00:01:22,520 --> 00:01:25,440 Speaker 1: to remember. And I think Senator fine Signed, a ranking 25 00:01:25,440 --> 00:01:32,000 Speaker 1: member on Senate Judiciary Committee, said and criticized moving nominees 26 00:01:32,080 --> 00:01:37,920 Speaker 1: that quickly. I think the Democrats never did that, undrew Obama. Uh. 27 00:01:38,000 --> 00:01:41,640 Speaker 1: In terms of stacking so many in one week, it's 28 00:01:41,760 --> 00:01:45,520 Speaker 1: very difficult to prepare, as she said, Um for that 29 00:01:45,560 --> 00:01:48,960 Speaker 1: many nominees study their records and be ready to actually 30 00:01:49,000 --> 00:01:51,800 Speaker 1: debate it in a substantive manner when you have all 31 00:01:51,840 --> 00:01:56,360 Speaker 1: of those in one week, Carl, taken as a group, 32 00:01:56,520 --> 00:01:59,720 Speaker 1: how would you characterize Donald Trump's nominees? Maybe let's just 33 00:01:59,720 --> 00:02:03,120 Speaker 1: start with the appeals court level. How conservative are these 34 00:02:03,160 --> 00:02:06,120 Speaker 1: people that he is putting up there? Well, I think 35 00:02:06,160 --> 00:02:08,919 Speaker 1: they are very conservative. I don't think there's much question 36 00:02:08,960 --> 00:02:12,400 Speaker 1: about that in a number of them. Of course, we're 37 00:02:12,480 --> 00:02:18,120 Speaker 1: recommended or even compiled um by the Federalist Society and 38 00:02:18,639 --> 00:02:23,600 Speaker 1: Heritage Foundation for the initial group of twenty from whom 39 00:02:24,240 --> 00:02:28,799 Speaker 1: Justice Coursage was selected. Uh. Many of those have been 40 00:02:28,840 --> 00:02:33,760 Speaker 1: nominated now to the appeals courts. Uh. They're very conservative, 41 00:02:33,960 --> 00:02:37,120 Speaker 1: but most of them are very well qualified as well, 42 00:02:37,160 --> 00:02:41,000 Speaker 1: except for one. Uh we just found out yesterday who 43 00:02:41,200 --> 00:02:46,960 Speaker 1: received a unanimously not qualified rating by the American Bar Association. 44 00:02:47,240 --> 00:02:51,960 Speaker 1: Which judge is that or which perspective judge? It's Steve 45 00:02:52,320 --> 00:02:57,200 Speaker 1: graz who is from Nebraska, nominated to the A Circuit 46 00:02:57,320 --> 00:03:00,760 Speaker 1: and he has a hearing tomorrow. UH, and we'll see 47 00:03:00,760 --> 00:03:04,960 Speaker 1: how that goes. To Carl, talk about the two nominees 48 00:03:05,000 --> 00:03:09,800 Speaker 1: that were subjected to intense criticism by Senate Democrats. One, 49 00:03:10,320 --> 00:03:14,760 Speaker 1: Amy Coney Barrett is on track to be confirmed today 50 00:03:14,880 --> 00:03:17,320 Speaker 1: to the U. S. Court of Appeals for the Seventh Circuit. 51 00:03:19,720 --> 00:03:24,040 Speaker 1: Tell us what the objections were. Uh. I think the 52 00:03:24,120 --> 00:03:31,080 Speaker 1: objections were that she had not had any appellate experience 53 00:03:32,040 --> 00:03:37,120 Speaker 1: UM as a lawyer. Uh. And there were concerns about 54 00:03:38,240 --> 00:03:48,200 Speaker 1: questions that she might not be unbiased on certain questions UM. 55 00:03:48,360 --> 00:03:52,760 Speaker 1: And there was some questioning in the Judiciary committee about 56 00:03:54,360 --> 00:03:58,720 Speaker 1: whether she could put aside her her faith. I think 57 00:03:58,960 --> 00:04:01,720 Speaker 1: was away. It was phrased, and I think it was 58 00:04:01,760 --> 00:04:06,600 Speaker 1: awkwardly asked by a couple of senators. UM, and someone 59 00:04:06,680 --> 00:04:09,400 Speaker 1: said that's a religious test. I don't think that was 60 00:04:09,440 --> 00:04:15,559 Speaker 1: what anybody had in mind. UM. But she has um 61 00:04:16,000 --> 00:04:19,000 Speaker 1: a very strong record of scholarship, and I think she 62 00:04:19,560 --> 00:04:24,000 Speaker 1: handled the questions very well in her hearing. So I expect, 63 00:04:24,040 --> 00:04:28,080 Speaker 1: as you suggest, that she will be confirmed. She had 64 00:04:28,120 --> 00:04:31,800 Speaker 1: a cloture vote yesterday, and UH is on track, as 65 00:04:31,839 --> 00:04:37,279 Speaker 1: you suggest, for confirmation today or tomorrow, Carl. The Alliance 66 00:04:37,320 --> 00:04:40,880 Speaker 1: for Justice, which is a liberal group, put out a 67 00:04:40,880 --> 00:04:45,520 Speaker 1: statement yesterday that said that because of all the Russia investigation, 68 00:04:45,600 --> 00:04:51,040 Speaker 1: because of questions about whether the Trump campaign was involved 69 00:04:51,080 --> 00:04:54,800 Speaker 1: in collusion with with the Russian government in the campaign, 70 00:04:55,600 --> 00:04:58,599 Speaker 1: the group said, this is no time for lifetime appointments 71 00:04:58,640 --> 00:05:03,160 Speaker 1: to the bench. Is there something to that? Is there? 72 00:05:03,200 --> 00:05:06,080 Speaker 1: If we get to the point where there are, um, 73 00:05:06,120 --> 00:05:11,159 Speaker 1: you know, real questions about either this president's legitimacy or 74 00:05:11,160 --> 00:05:13,920 Speaker 1: you know, whether impeachment might be around the corner, our 75 00:05:14,000 --> 00:05:17,240 Speaker 1: democrats justified in taking that into account in really trying 76 00:05:17,279 --> 00:05:22,400 Speaker 1: to slow down judicial nominations. Well, I don't think we're 77 00:05:22,440 --> 00:05:25,520 Speaker 1: there yet. I didn't. If we get to that point, UM, 78 00:05:26,279 --> 00:05:29,240 Speaker 1: people need to discuss it and debate it. But I 79 00:05:29,279 --> 00:05:31,880 Speaker 1: think as long as the Republicans have a majority, they're 80 00:05:31,920 --> 00:05:36,200 Speaker 1: not likely uh to do very much about that. Um. 81 00:05:36,320 --> 00:05:39,279 Speaker 1: And it does seem rush this week, to be sure, 82 00:05:40,240 --> 00:05:43,840 Speaker 1: in terms of stacking the four in one week, I 83 00:05:43,880 --> 00:05:48,200 Speaker 1: don't think there's any question about that Republican. Has anyone 84 00:05:49,160 --> 00:05:52,400 Speaker 1: has McConnell addressed the fact that he held up there? 85 00:05:52,480 --> 00:05:54,680 Speaker 1: They're blaming the Democrats for holding these up. He held 86 00:05:54,760 --> 00:05:59,480 Speaker 1: up and killed Merrick Garland's nomination to the Supreme Court. Well, 87 00:05:59,480 --> 00:06:05,000 Speaker 1: amaze the people like Amy Coney Barrett are nominated for 88 00:06:05,680 --> 00:06:11,560 Speaker 1: seats that very highly qualified Obama nominees were nominated for 89 00:06:11,839 --> 00:06:15,000 Speaker 1: and had no hearing because they were blue slipped by 90 00:06:15,360 --> 00:06:20,000 Speaker 1: Republican home stage senators. Uh. And McConnell was the foremost 91 00:06:20,080 --> 00:06:24,720 Speaker 1: leader of that group. Uh. So that's I think the 92 00:06:24,760 --> 00:06:29,280 Speaker 1: fact that we all know Carl only about thirty seconds left. 93 00:06:29,360 --> 00:06:32,680 Speaker 1: But should we be concerned that the president has firmed 94 00:06:32,680 --> 00:06:35,120 Speaker 1: out so much of the process of selecting these prospective 95 00:06:35,200 --> 00:06:39,240 Speaker 1: judges to the Federalist Society and other conservatives, Well, I 96 00:06:39,279 --> 00:06:43,360 Speaker 1: think it is a real question. Um. It seems to 97 00:06:43,400 --> 00:06:44,760 Speaker 1: me it ought to be done in the White House 98 00:06:44,960 --> 00:06:48,440 Speaker 1: completely by the White House, Uh, not by interest groups 99 00:06:48,800 --> 00:06:51,760 Speaker 1: of any sort. So I think that's unfortunate. I think 100 00:06:51,760 --> 00:06:55,400 Speaker 1: it's also unfortunate that McConnell seems pressed by the threat 101 00:06:55,440 --> 00:07:00,719 Speaker 1: that judicial confermation network or run ads. Again, Tim, that 102 00:07:00,800 --> 00:07:03,160 Speaker 1: doesn't seem like a very good way to run the government. 103 00:07:04,000 --> 00:07:06,640 Speaker 1: Thanks so much for being here, Carl. As always, that's 104 00:07:06,680 --> 00:07:10,119 Speaker 1: Carl Tobias, professor at the University of Richmond School of Law. 105 00:07:10,560 --> 00:07:12,600 Speaker 1: That's it for this edition of Bloomberg Long. We'll be 106 00:07:12,640 --> 00:07:15,200 Speaker 1: back tomorrow one pm Wall Street Time. Hope you'll be 107 00:07:15,240 --> 00:07:17,880 Speaker 1: as well. Thanks to our producer David Suckerman and our 108 00:07:17,880 --> 00:07:21,640 Speaker 1: technical director Chris try Comey. Coming up next Bloomberg Markets 109 00:07:21,640 --> 00:07:24,160 Speaker 1: with Carol Master and Corey Johnson. Carol's here to tell 110 00:07:24,240 --> 00:07:27,000 Speaker 1: us what's the top thing on their agenda. So June, 111 00:07:27,000 --> 00:07:29,200 Speaker 1: you've heard of Google, You've heard of Facebook, you've heard 112 00:07:29,240 --> 00:07:32,840 Speaker 1: of Twitter. Well, representatives from those big tech companies they're 113 00:07:32,880 --> 00:07:35,640 Speaker 1: testifying for Congress on the extent of Russian influence on 114 00:07:35,680 --> 00:07:37,760 Speaker 1: their networks and in in the election. So I'm gonna be 115 00:07:37,760 --> 00:07:41,120 Speaker 1: covering that. I'll be listening to that for sure. That's 116 00:07:41,160 --> 00:07:43,040 Speaker 1: coming up next on Bloomberg