WEBVTT - Trump Follows Through on Promise to Shift Judiciary (Audio)

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<v Speaker 1>Sometimes the president's greatest legacy is the judiciary he leaves behind.

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<v Speaker 1>When he was campaigning, now, President Donald Trump used the

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<v Speaker 1>Supreme Court in the judiciary as a way to convince

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<v Speaker 1>Republicans who were reluctant to support him. So the Democrats

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<v Speaker 1>would have an absolute free run. Probably you wouldn't even

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<v Speaker 1>campaign because it would be impossible to win. And what

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<v Speaker 1>does that mean. That means that automatically they are going

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<v Speaker 1>to appoint very, very very liberal judges. Trump has already

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<v Speaker 1>put conservative Justice Neil Gorsich on the Supreme Court, re

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<v Speaker 1>establishing the fine for conservative advantage. Now he's moving to

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<v Speaker 1>shift the federal, appellate and district courts to the right.

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<v Speaker 1>Joining me is Paul Barrett, editor for Bloomberg business Week,

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<v Speaker 1>who has written an article entitled Trump begins shifting courts

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<v Speaker 1>right ward, just as Republicans hoped. Paul, only one other president,

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<v Speaker 1>James Garfield in one, had a Supreme Court vacancy to

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<v Speaker 1>fill as soon as he took office, and Trump also

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<v Speaker 1>has a hundred and seven vacancies on try and appellate courts.

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<v Speaker 1>Why is that vacancy lists so high? Right, and the

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<v Speaker 1>number of openings has actually increased to a hundred and

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<v Speaker 1>thirty six since he took office. And a big part

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<v Speaker 1>of the reason why it's so high is the Republican

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<v Speaker 1>strategy under Senator Mitch McConnell of holding open those seats

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<v Speaker 1>not confirming UH President Obama's nominees. And that was UH

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<v Speaker 1>put into effect most dramatically with the Supreme Court opening. UH.

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<v Speaker 1>You had Justice Scalia who died unexpectedly in February of

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<v Speaker 1>UM and hit and that seat just stayed open even

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<v Speaker 1>though Obama nominated Judge Merrick Garland to fill it UM

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<v Speaker 1>and it was held open until President Trump took office.

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<v Speaker 1>When people think of presidential judicial appointments, they usually think

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<v Speaker 1>about the Supreme Court, but explain the importance of the

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<v Speaker 1>appellate and district court judges. Sure, there are eight hundred

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<v Speaker 1>and ninety slots, and the lower federal courts and the

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<v Speaker 1>district courts are the place where trials criminal and civil

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<v Speaker 1>take place, and the federal circuit courts are the appellate

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<v Speaker 1>courts where the losing party can can appeal. And from

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<v Speaker 1>the circuit courts, a small number of cases are filtered

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<v Speaker 1>up to the Supreme Courts, some seventy or seventy five

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<v Speaker 1>A year. So because the Supreme Court takes so few cases,

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<v Speaker 1>a lot of matters for for all practical purposes are

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<v Speaker 1>resolved in the lower courts. So if you have an

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<v Speaker 1>individual dispute um, that's likely where it's going to get resolved.

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<v Speaker 1>And even if you have a test case um where

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<v Speaker 1>there's some big question of law a foot, still it's

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<v Speaker 1>likely to be one of the courts of appeals that

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<v Speaker 1>has the final word because the Supreme Court, you know,

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<v Speaker 1>all likelihood will simply decline to review the case. Trump

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<v Speaker 1>outsourced the Supreme Court pick to two establishment conservative groups.

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<v Speaker 1>Is he doing the same with the other vacancies. Yes.

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<v Speaker 1>The Heritage Foundation in waw Shington and the Federalist Society,

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<v Speaker 1>which has chapters all over the country based at law

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<v Speaker 1>schools and elsewhere, are playing a significant role in advising

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<v Speaker 1>uh President Trump's White House staff, as they have played

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<v Speaker 1>that role for past Republican president So this is not

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<v Speaker 1>anything new. These outside groups basically are kind of recruitment vehicles. Um,

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<v Speaker 1>they're familiar with lawyers all over the country who might

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<v Speaker 1>not be immediately familiar to the White House. Liberal judicial

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<v Speaker 1>activists are concerned that Trump shaping the judiciary is going

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<v Speaker 1>to mean cutbacks, you know, going backward on hard for

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<v Speaker 1>rights and liberties. Can he accomplish that in four years?

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<v Speaker 1>He can, if if he moves aggressively to fill these

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<v Speaker 1>these open slots. And he's just beginning to do that now.

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<v Speaker 1>He's made fifteen nominations to the lower courts so far. UM.

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<v Speaker 1>If he moves quickly, he can begin to shift the

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<v Speaker 1>balance back towards the red and away from the blue. UM.

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<v Speaker 1>And UH, I think the liberal groups are uh, you know,

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<v Speaker 1>justified in their fear because UH, with advice from the

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<v Speaker 1>Federal Society and Herrihage Foundation, UH, the White House has

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<v Speaker 1>been choosing impressive uh, particularly courts of appeals UH nominees.

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<v Speaker 1>And these are people who in many cases have had

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<v Speaker 1>a scholarly background and then have served in lower court

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<v Speaker 1>or or or themselves law professors. And they're the kind

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<v Speaker 1>of people who will have influence if they get on

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<v Speaker 1>the court. I take it they're all very conservative. Is

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<v Speaker 1>there any chance that some of them will not get through? Well? Yes,

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<v Speaker 1>I mean in in any administration, there's usually at least

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<v Speaker 1>at the fringes. UM, some nominee judicial nominees who become

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<v Speaker 1>the focus of controversy and that is already true. Um

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<v Speaker 1>with the Trump nominees. Uh, there's a guy named Damien

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<v Speaker 1>Schiff and a Kentucky lawyer named John Bush, and both

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<v Speaker 1>of them, as it happens, were prolific bloggers in their

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<v Speaker 1>earlier life and gave expression to what I think it's

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<v Speaker 1>uh safe to say or some rather far right political views,

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<v Speaker 1>which is fine if you're just a blogger, but can

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<v Speaker 1>become embarrassing if you're up for confirmation. And I think

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<v Speaker 1>those two in particular, UM may find themselves with a

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<v Speaker 1>fight to get through the Senate. It's a very important topic,

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<v Speaker 1>a great article. Thanks as always for being here, Paul Barrett,

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<v Speaker 1>Editor for Bloomberg business Week,