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Speaker 1: You're listening to Bloomberg Law with June Grassoe from Bloomberg Radio.

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Speaker 1: Who is eighteen year old Kyle Rittenhouse, a hero defending

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Speaker 1: law and order or a vigilante taking the law into

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Speaker 1: his own hands. The jury will hear starkly different portrayals

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Speaker 1: of Rittenhouse at his trial for killing two unarmed protesters

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Speaker 1: and injuring a third during a turbulent protest against racial

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Speaker 1: injustice and Kenosha, Wisconsin, last August. Here are the prosecutor,

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Speaker 1: Thomas Finger and the defense attorney, Mark Richards. The evidence

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Speaker 1: will show that hundreds of people were out on the

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Speaker 1: street experiencing chaos and violence, and the only person who

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Speaker 1: killed anyone was the defendant, Kyle Rittenhouse. It isn't a

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Speaker 1: who done it, when did it happen, or anything like that.

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Speaker 1: It is was Kyle Rittenhouse's actions privileged under the law

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Speaker 1: of self defense. The jury may also here Rittenhouse his

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Speaker 1: own words to a reporter on the night of the shooting.

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Speaker 1: Our jobs to protect this business. Part of my job.

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Speaker 1: There's somebody heard I'm running into Harm's leg Joining me

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Speaker 1: is Stephen Wright, a professor at the University of Wisconsin

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Speaker 1: Law School. So a seventeen year old drives half an

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Speaker 1: hour from home across state lines to Kenoshaw with an

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Speaker 1: illegal weapon, a military style semi automatic rifle, and joins

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Speaker 1: a group of armed people. He shot and killed two

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Speaker 1: men within hours. What are the different narratives that we're

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Speaker 1: going to here? I think there are two narratives that

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Speaker 1: have already started to play out. The prosecution makes the

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Speaker 1: argument that Mr. Rittenhouse traveled across state line, that he

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Speaker 1: obtained a weapon, that he state out past curfew, and

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Speaker 1: that he was basically here to cause trouble. The defense

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Speaker 1: began their opening statements by showing lots of pictures of

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Speaker 1: the protests or as they say, the looting and rioting

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Speaker 1: that we're happening, and they want to portray a young

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Speaker 1: man that was very much concerned about the Kenosha community

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Speaker 1: with which he had some ties, you know, and many

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Speaker 1: people who support him want to portray him in some

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Speaker 1: ways as a hero. That he's a young man exercising

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Speaker 1: his Second Amendment right to bear arms, and that he

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Speaker 1: was defending property when the local government, when the police

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Speaker 1: failed to do something. So is the question going to

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Speaker 1: be purely whether he fired in self defense? That's largely

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Speaker 1: going to be the question, you know, there's no question

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Speaker 1: that he fired the shot. The defense showed the jury

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Speaker 1: several photographs, and these photographs portray Mr. Rittenhouse as a

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Speaker 1: peaceful young man who ultimately was chased down an attacked.

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Speaker 1: The question basically, who started this fight. There's a big

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Speaker 1: debate about what happened before the chase. What's also in

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Speaker 1: dispute is how much danger Mr. Riddenhouse should have felt

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Speaker 1: during the chase. Should he have felt that his life

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Speaker 1: was in danger to the point where he needed to

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Speaker 1: use lethal force to defend himself. Those are sort of

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Speaker 1: the core questions at the self defense argument, especially that

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Speaker 1: relates to the first man that was shot and killed.

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Speaker 1: What is the lawn Wisconsin on the use of deadly force? So,

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Speaker 1: Wisconsin in some ways has a very traditional self defense

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Speaker 1: statute that somebody can use lethal force if they believe

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Speaker 1: that it is reasonable to do so to protect their

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Speaker 1: lives or someone else. A large part of what we're

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Speaker 1: going to ask the jury is whether Mr. Riddenhouse had

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Speaker 1: a reasonable fear that his life was in danger and

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Speaker 1: whether using that any automatic weapon to kill two people

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Speaker 1: was reasonable under the circumstances. Wisconsin does not have a

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Speaker 1: standard ground law, but One of the things the jury

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Speaker 1: can consider when determining the reasonable nous of Mr. Riddenhouse's

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Speaker 1: fear and the reasonableness of the amount of force that

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Speaker 1: he used was whether he could have fled, whether this

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Speaker 1: depth ultimately could have been avoided. So there is or

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Speaker 1: is not a duty to retreat if you can, there

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Speaker 1: is no legal duty to retreat. But the way that

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Speaker 1: the reasonableness inquiry works is that the jury gets to

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Speaker 1: consider many different facts. And one of the factors that

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Speaker 1: they consider, of course is in this case the decedent,

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Speaker 1: how aggressive the person was, or what was going through Mr.

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Speaker 1: Riddenhouse's mind at that moment. Another fact that they can

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Speaker 1: take into account is whether Mr Riddenhouse should have retreated.

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Speaker 1: So there's no legal duty to retreat, but it's something

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Speaker 1: that the jury should and can't consider during their deliberation.

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Speaker 1: What about the fact that the first victim he shot

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Speaker 1: four times? In any self defense case, the jury is

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Speaker 1: going to consider the reasonableness of the defendants response, and

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Speaker 1: so in this case, you know, the jury will consider

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Speaker 1: whether firing that many times from a semi automatic weapon

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Speaker 1: was necessary. But you know, as a general rule, when

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Speaker 1: juries tend to be barely forgiving once they've determined that

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Speaker 1: a defendants life was in danger. In my experience, they

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Speaker 1: don't make a lot of differentiation between firing one time

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Speaker 1: versus firing four times when somebody really feels that their

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Speaker 1: life is in danger. There is a lot of video

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Speaker 1: of that night and some video of him. Is that

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Speaker 1: going to be a large part of the either prosecution

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Speaker 1: or defense case. I think it's going to be an

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Speaker 1: essential part of the defense. The parties gave opening statements.

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Speaker 1: The defense wanted to show several pictures and videos of

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Speaker 1: what was going on that night. In particularly, they selected

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Speaker 1: some pictures and videos that they say suggest that Mr.

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Speaker 1: Riddenhouse was in danger, that he was being chased by people.

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Speaker 1: I know among the more provocative photos or some of

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Speaker 1: the photos of individuals with skateboards winging or trying to

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Speaker 1: hit Mr. Ridden House. The state very much objected to

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Speaker 1: those being included in the opening, but the defense was

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Speaker 1: very adamant. So as Rittenhouse ran away from the scene,

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Speaker 1: a criminal complaints states that he told someone on the phone,

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Speaker 1: I just killed somebody. Does that have any impact it? Could?

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Speaker 1: You know? Once again, it could be evidence of what

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Speaker 1: his state of mind was around the time of the shooting.

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Speaker 1: You're absolutely right. I believe after the shooting of the

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Speaker 1: first decedent, Mr Riddenhouse got on the phone and called

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Speaker 1: and told somebody that he had shot somebody. You know,

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Speaker 1: that will be evidence to what his state of mind

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Speaker 1: was at that time around when he pulled the trigger,

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Speaker 1: but it won't necessarily be depositive of one issue. Well,

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Speaker 1: the jury year that video of ritten House explaining why

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Speaker 1: he was there on the night of the shooting, so

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Speaker 1: it will probably come in, but you know, it may

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Speaker 1: actually come in for the defense. Mr Rittenhouse says a

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Speaker 1: couple of things, but he basically says, I'm here to

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Speaker 1: defend property and to defend human lives. But he also

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Speaker 1: makes clear that he brought a mad kit with him,

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Speaker 1: and so that's been part of the defense narrative the

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Speaker 1: entire time, that he was actually there to help to

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Speaker 1: do good. In the video, Mr Rittenhouse suggests that he

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Speaker 1: brought the medicis specifically me to help anyone who had

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Speaker 1: been hurt, and he sort of says at the end,

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Speaker 1: I also have a gun in case I need to

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Speaker 1: defend myself while I'm helping. So, you know, I think

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Speaker 1: for many people that video is actually evidence that he

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Speaker 1: came here to do good and to help others, and

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Speaker 1: to help others, The biggest question in the defense is

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Speaker 1: whether or not the defendant is going to testify. Do

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Speaker 1: you think in this case, in order to show that

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Speaker 1: he really feared for his life, that he should take

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Speaker 1: the stand. In the United States, the defendant almost always

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Speaker 1: is the person who testifies last. They're the closing act,

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Speaker 1: and so generally defense attorneys don't make up their mind

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Speaker 1: about whether defendant will testify until relatively late into the trial.

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Speaker 1: You know, there's always tremendous risk putting your client on

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Speaker 1: the span. I suspect if the defense feels fairly confident

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Speaker 1: based upon their witnesses and based upon the pictures and

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Speaker 1: videos that they've shown, that they've got a sympathetic jury,

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Speaker 1: he probably will not testify. But you can imagine there's

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Speaker 1: tremendous risk about putting a seventeen year old on the

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Speaker 1: stand in this type of case. You know, the prosecutor,

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Speaker 1: I'm sure would be chomping at the bit for the

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Speaker 1: opportunity to cross examine a young man who came here

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Speaker 1: definitely for audiological reasons and ended up killing two people

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Speaker 1: and wounding a third. So that brings up two questions

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Speaker 1: of mine. First of all, the look of the defendant.

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Speaker 1: The jury is going to be staring at this teenager.

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Speaker 1: He has a baby face. He doesn't look much like

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Speaker 1: a killer, and that's too that you know, that's obviously

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Speaker 1: to his benefit. Um. You know, one of the things

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Speaker 1: that I think a lot of people have been paying

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Speaker 1: attention to is, you know, he's a very young looking

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Speaker 1: I believe he's now eighteen. The shooting happened when he

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Speaker 1: was seventeen. But you know, he has a very he's

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Speaker 1: a baby faced, young white man. And the jury here,

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Speaker 1: I think, is predominantly, if not overwhelmingly white, So I

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Speaker 1: think that there's a possibility that some jurors will see

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Speaker 1: themselves and see their children in him. I was surprised

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Speaker 1: that the jury is, except for one man, it does

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Speaker 1: appear to be an all white jury. That surprised me

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Speaker 1: that there's no racial diversity at all on the jury. So, uh,

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Speaker 1: you know, the juries often reflect their communities, and uh,

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Speaker 1: Kenosha is a largely white community. You know, my understanding

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Speaker 1: that there were a couple of people of color who

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Speaker 1: were who were considered, Um, you know, we don't know

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Speaker 1: specifically who we weren't able to see jurors, and there

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Speaker 1: has been a lot of reporting about, you know, which

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Speaker 1: jurors of colors were dismissed and why. But I wasn't

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Speaker 1: terribly surprised that in the community like Kenosha, which you know,

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Speaker 1: it is diversifying, like a lot of Wisconsin. But I

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Speaker 1: do think at least it's very much still perceived and

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Speaker 1: very much probably is a majority white community. Well, the

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Speaker 1: jury here about his background, the causes he supported. I

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Speaker 1: suspect that it will. You know, part of the narrative

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Speaker 1: that the state will try to build is that Mr

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Speaker 1: Rittenhouse was in some ways of digil auntie. He very

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Speaker 1: much was a supporter of Blue Lives Matter. He had

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Speaker 1: posted a lot on social media supporting police officers. You know,

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Speaker 1: he also had recently graduated from sort of a junior

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Speaker 1: police academy, something for teams where the police offer some

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Speaker 1: instructions on young people on what law enforcement does. You know,

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Speaker 1: I suspect those things will sort of very much come in.

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Speaker 1: What I wonder will come in is you know, he

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Speaker 1: was a very adamant supporter of President Trump. I think

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Speaker 1: he was very much influenced by the President's language during

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Speaker 1: this time where the president was villainizing many peaceful, peaceful

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Speaker 1: protesters that may not come in. But I do very

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Speaker 1: much think that, you know, his past support and his

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Speaker 1: sort of adamant support of Blue Lives Matter will most

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Speaker 1: likely the jury will most likely see it. The judge

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Speaker 1: fan prosecutors from referring to the men shot by Ritten

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Speaker 1: House as victims, but he said defense lawyers can refer

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Speaker 1: to the men as looters or rioters as long as

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Speaker 1: there's evidence. So obviously that's been one of the more

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Speaker 1: controversial pre trial rulings that the court has made. I

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Speaker 1: don't think it's all that unusual for defense attorneys to

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Speaker 1: ask that the two men who were shot and killed,

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Speaker 1: and that the third man who was wounded, Um, it's

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Speaker 1: not unusual for defense attorneys at least to ask that

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Speaker 1: those individuals not be called victims. You know, victims tends

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Speaker 1: to be a very very loaded word in our society. Um.

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Speaker 1: You know, it implies to some degree that the individuals

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Speaker 1: who were harmed were harmed as a result of wrongdoing.

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Speaker 1: And you know, in this case where self defense is

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Speaker 1: so pivotal to the question that the jury is being

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Speaker 1: asked to decide, you can understand why the defense would

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Speaker 1: want to portray Mr. Rittenhouse as the victim in these

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Speaker 1: three individuals, two of whom were shot and killed, one

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Speaker 1: who was wounded, that they were the aggressors. And so,

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Speaker 1: you know, I wasn't terribly surprised that the defense made

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Speaker 1: that motion, and the court has had that has been

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Speaker 1: there sort of long existing policy not to use the

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Speaker 1: word victim for the similar reasons. You know. I think

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Speaker 1: what's more interesting is that the court did decide to

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Speaker 1: permit the defense to potentially use the words you know,

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Speaker 1: looters and rioters. But the court said is that, you know,

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Speaker 1: if the defense is putting up enough evidence in the

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Speaker 1: record that these individuals were engaged in looting or rioting

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Speaker 1: or arson or things like that, then towards closing, the

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Speaker 1: defense could use those type of words. Part of its

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Speaker 1: almost constitutionals the defendant has the right to present his defense,

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Speaker 1: and part of presenting his defense is you know, being

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Speaker 1: able to portray in this case, the two individuals that

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Speaker 1: were shot the one who was wounded, it in this lens,

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Speaker 1: and so the judge had to be particularly sensitive to

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Speaker 1: not infringing upon Mr. Riddenhouse is right to present a

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Speaker 1: defense and his right to sort of present a narrative.

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Speaker 1: As he sees, part of what makes this case interesting

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Speaker 1: is that Mr. Riddenhouse, I think, wants to portray almost

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Speaker 1: You know, I think Mr. Riddenhouse was inspired in part

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Speaker 1: by the President's rhetoric that was accusing all of protesters,

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Speaker 1: all Black Lives Matter protesters in particular, as writers and

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Speaker 1: ANTIFA and as stubs. You know, the defense will point

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Speaker 1: out that many of the individuals there that night were

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Speaker 1: there in defiance of the curfew. The status quick to

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Speaker 1: point out that Mr. Ridden House was also there well

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Speaker 1: past the curfew. So I think we're gonna have to

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Speaker 1: wait and see what exactly the defense will say about

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Speaker 1: these three individuals. You know, one of the things about

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Speaker 1: Wisconsin laws that the defense doesn't necessarily have to signal

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Speaker 1: all the details of their plans. But at this point,

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Speaker 1: I haven't seen that these three individuals were looters or rioters.

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Speaker 1: But that doesn't mean that, of course, the Wridhouse team

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Speaker 1: won't try to paint them all with the same brush.

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Speaker 1: Thanks so much. That's Professor Stephen Wright of the University

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Speaker 1: of Wisconsin Law School. Historic confirmation allowed President Biden to

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Speaker 1: flip the Second Circuit Court of Appeals. He now has

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Speaker 1: three appointees on the Second Circuit, all women, giving the

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Speaker 1: court a majority of Democratic appointees, and he has more

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Speaker 1: seats left to fill. It's an important step for Biden

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Speaker 1: in making an impact on the federal courts. During his administration,

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Speaker 1: Donald Trump flipped the Second Circuit to a majority of

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Speaker 1: Republican appointees. The Second Circuit covers New York, Connecticut, and Vermont,

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Speaker 1: and he's a chief venue for cases involving corporations in

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Speaker 1: Wall Street. Joining me is Carl Tobias, professor at the

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Speaker 1: University of Richmond School of Law. The Senate confirmed Beth

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Speaker 1: Robinson to the Second Circuit this week. So tell us

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Speaker 1: about her and why that's historic. Well, it's historic because

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Speaker 1: she's the first lbgt Q person to ever be appointed

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Speaker 1: to the federal appellate bench. Uh and she has been

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Speaker 1: a judge for a decade on the Vermont Supreme Court

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Speaker 1: and is highly respected. And before that, she was an

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Speaker 1: advocate for lb g t Q rights both in the

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Speaker 1: state legislature and in the courts, and one some major

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Speaker 1: victories on both fronts um and so she is now

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Speaker 1: going to sit on the Second Circuit which, of course,

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Speaker 1: here's many important disputes involving all kinds of commercial and

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Speaker 1: other matters. She already has great experience as a judge

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Speaker 1: for a decade on an appeals court, and so she'll

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Speaker 1: be able to do a fine job. And her confirmation

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Speaker 1: flips the Second Circuit back to a majority of Democratic appointees. Yes,

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Speaker 1: because Peter Hall, who died in whose position she's assuming,

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Speaker 1: was an appointee of a Republican president, and so it

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Speaker 1: does change that back, and so that's important to some people.

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Speaker 1: Biden now has three appointees on the Second Circuit, all women,

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Speaker 1: and he has the opportunity to fill another seat, two

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Speaker 1: more seats. Yes, for if you remember a couple of

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Speaker 1: weeks ago, Judge Cabranis and Judge Pooler both said they

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Speaker 1: were attending the same senior status. So there are two

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Speaker 1: more vacancies. Is it happening on the second Circuit because

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Speaker 1: for many years it was a majority Democratic appointees and

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Speaker 1: they were holding out until a Democratic president was elected.

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Speaker 1: Well maybe to some extent though Judge cabran is considered

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Speaker 1: pretty moderate judge and something even considering conservative, but uh,

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Speaker 1: And Judge Poohler is one of the more liberal members

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Speaker 1: of the Court, I believe, but I think that to

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Speaker 1: some extent that is what happened. But it has just

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Speaker 1: been a situation where people are now assuming senior status.

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Speaker 1: Though in other appeals courts, I think some of the

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Speaker 1: Democratic appointees, for example, in the Ninth Circuit, may have

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Speaker 1: been waiting for a Democratic president to name their successors.

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Speaker 1: So Robinson received support from two Republican Women's Senators, Susan

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Speaker 1: Collins and Lisa Murkowski. The Senate also confirmed former Virginia

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Speaker 1: Sitor General Toby Heightens to the Fourth Circuit, and he

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Speaker 1: got support from four Republicans. Tell us about him well,

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Speaker 1: He had clerked for Chief Judge Becker on the Third

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Speaker 1: Circuit and Justice Ruth Vader Ginsburg, and then had taught

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Speaker 1: for a long time at the University of Virginia School

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Speaker 1: of Law and also worked in the US Solicitor General's

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Speaker 1: Office for a period of two or three years, and

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Speaker 1: then has been teaching off and on at the University

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Speaker 1: of Virginia, his alma mater, and was appointed Solicitor General

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Speaker 1: in Virginia in and won some big cases. They're the

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Speaker 1: one involving the Lee Monument and another big redistricting case

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Speaker 1: in the Supreme Court, and so he's considered to be

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Speaker 1: a consummate appellate advocate and certainly knows his way around

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Speaker 1: the federal appellate courts. So he is a great addition

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Speaker 1: to the Fourth Circuit. Do you remember how many circuits

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Speaker 1: Trump flipped three? I believe I think second, third, and

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Speaker 1: eleven and the third and eleventh. Have there been any

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Speaker 1: appointments my biden to them, not so far, though there

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Speaker 1: will be one because Beverley Martin from Georgia retired about

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Speaker 1: a month or two ago, and so there's a vacancy there,

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Speaker 1: and there's a vacancy in the third Circuit, for which

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Speaker 1: the President nominated Judge Stark on the Delaware District bench

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Speaker 1: to that vacancy in Delaware will slip anything. I don't

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Speaker 1: think it's enough yet because I believe Trump appointed four

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Speaker 1: people to that court, So it may not flip yet,

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Speaker 1: but it could in the future. Carl Lucy Co, who

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Speaker 1: is currently a district court judge in the Northern District

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Speaker 1: of California, was nominated to the Ninth Circuit Court of Appeals.

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Speaker 1: Where does that nomination stand. I believe she had a

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Speaker 1: committee vote last week and so she's on the floor,

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Speaker 1: and so I think would be the next appellate nominee

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Speaker 1: who could be confirmed. And my guess is that that

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Speaker 1: will happen perhaps later this week or next week before

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Speaker 1: they recess for Veterans Day. Uh though I believe Jennifer

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Speaker 1: Sung from the Oregon for the ninth Circuit was nominated

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Speaker 1: before Code, So maybe both of those will be paired

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Speaker 1: like Robinson and Heightens were, maybe you know, going leaving

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Speaker 1: on Thursday cloture vote that I haven't seen its schedule yet,

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Speaker 1: and then the Monday they come back, which would be

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Speaker 1: the following week, the two of them might be confirmed together. So,

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Speaker 1: in supporting Co's nomination, Republican Senator Chuck grab Slee said

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Speaker 1: he wanted to note that he had reservations about her

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Speaker 1: approach and reasoning in a number of cases, and one

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Speaker 1: was a case about home worship during the pandemic that

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Speaker 1: was later overturned by the Supreme Court. Tell us about

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Speaker 1: that and whether that might have any effect on her

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Speaker 1: confirmation votes, Well, I don't think so, because I think

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Speaker 1: Democrats have a majority, and she did come out of

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Speaker 1: committee and Rathly actually supported her in two thousand and

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Speaker 1: sixteen when she was a nominee of President Obama for

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Speaker 1: the Ninth Circuit, and so we'll see what he does

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Speaker 1: on the floor. Um. But Senators Holly and Crews were

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Speaker 1: concerned about the case, but she said she was following

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Speaker 1: Ninth Circuit precedent, and the panel to which the party's

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Speaker 1: appealed on the Ninth Circuit agreed with her. Two of

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Speaker 1: the appointees are Republican appointees that she would just following

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Speaker 1: circuit precedent. Then the Supreme Court split five four, with

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Speaker 1: Chief Justice Roberts, the Sante and the other Democratic appointees agreeing.

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Speaker 1: So it was a very close case. But in any event,

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Speaker 1: the GOP senators were concerned that she was not sufficiently

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Speaker 1: respectful of precedent, though she pointed out she was obligated

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Speaker 1: to follow the Nice Circuit precedent and the issue of

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Speaker 1: religious freedom and that she hadn't given it enough weight.

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Speaker 1: I read that last week was the busiest week yet

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Speaker 1: for Biden's judicial confirmations. Yes, there were I believe six

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Speaker 1: district judges confirmed last week, and then the cloture folks

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Speaker 1: for Robinson and Heightened were last week, so it was

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Speaker 1: very busy. And this week is very busy because we

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Speaker 1: had a hearing today for six people, one nice circuit

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Speaker 1: dominee and a couple from California and one from Minnesota

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Speaker 1: and one from New Mexico. So it has been busy,

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Speaker 1: and then tomorrow a couple of people will be up

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Speaker 1: for committee votes. Who's the ninth circuit nominee? Gabriel Sanchez

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Speaker 1: from California had his hearing today. He is on the

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Speaker 1: Intermediate Appellate Court in California, and he served in Governor

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Speaker 1: Jerry Brown's administration and was questioned today by the GOLP

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Speaker 1: senators about his role in Prop fifty seven, which had

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Speaker 1: to do with system set up to release certain prisoners

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Speaker 1: because of prison overcrowding in California, and GOP senators questioned

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Speaker 1: him about that, uh, And they also questioned him about

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Speaker 1: his being an advocate in his policy preferences and that

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Speaker 1: type of thing on the bench, and he very ably

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Speaker 1: and candidly said, I know the difference in being an

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Speaker 1: advocate or implementing policy and being a dispassionate, neutral arbitrator

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Speaker 1: as a judge. And I thought he gave very compelling

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Speaker 1: testimony to that effect. Was it so busy last week?

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Speaker 1: And this week because the Democrats are deliberately trying to

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Speaker 1: speed things up, considering the midterms are coming up. In

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Speaker 1: what happened in the elections yesterday. Well, yes, but I

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Speaker 1: think that the White Husband, President Biden, and Senate Judiciary

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Speaker 1: Committee have all been moving as expeditiously and carefully as

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Speaker 1: they possibly can, uh in light of the fact that

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Speaker 1: there's a possibility the Democrats would lose a very razor

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Speaker 1: thin majority that they have in the Senate, and so

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Speaker 1: they are moving quickly. As we said before, every two

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Speaker 1: weeks there's a hearing with five or six nominees. Has

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Speaker 1: happened today. The White House had a whole list of

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Speaker 1: new nominees nine more uh in a batch today um

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Speaker 1: so one for the third Circuit and then a number

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Speaker 1: in California for District Bench, one in Maryland, and two

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Speaker 1: more New Jersey, which would fill all the vacancies there.

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Speaker 1: So there especially, the White House is setting, as he

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Speaker 1: said before, priorities. If those two New Jersey nominees are confirmed,

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Speaker 1: all six of the emergency vacancies will have been filled.

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Speaker 1: Um and so I think they are very determined. As

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Speaker 1: I've said before, is a well oiled, very efficient machine.

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Speaker 1: That is moving nominees out of the White House in

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Speaker 1: two the Judiciary Committee and then onto the floor so

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Speaker 1: we can see more. And I think Biden is going

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Speaker 1: to be setting records. Um, there's a very good chance

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Speaker 1: that he could eclipse the most appellate judges ever appointed

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Speaker 1: in the first year for President, breaking Trump's record. He

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Speaker 1: had a dozen last year, and it certainly looks like

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Speaker 1: there may well be a dozen this year, if not more,

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Speaker 1: and so there's a chance he could could name thirteen

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Speaker 1: and set a new record. Speaking of judicial emergencies, there

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Speaker 1: were judicial emergencies in California, New Jersey, and Washington, but

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Speaker 1: Washington has had three vacancies filled. At the beginning of

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Speaker 1: Biden's tenure, there were five active judge ships vacant emergencies

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Speaker 1: out of seven judge ships, and so that was a

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Speaker 1: real problem for Washington State. But now they filled three

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Speaker 1: of them. There's still two more emergencies, and I think

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Speaker 1: it is a nominee for one of them. I guess

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Speaker 1: I would stress and emphasize just how effective the White

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Speaker 1: House has been all along and the Judiciary Committee, especially

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Speaker 1: Chair Durban, in moving people to nomination, working with home

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Speaker 1: state senators who moving him through the committee onto the

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Speaker 1: floor and then final debates and vote, and they're focused

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Speaker 1: like a laser on that and that's been a great

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Speaker 1: success story for this administration. Thanks so much for being

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Speaker 1: on the show, Carl. That's Professor Carl Tobias of the

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Speaker 1: University of Richmond Law School. And that's it for this

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Speaker 1: edition of The Bloomberg Law Show. Remember you can always

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Speaker 1: get the latest legal news on our Bloomberg Law Podcast.

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Speaker 1: You can find them on Apple Podcasts, Spotify, and at

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Speaker 1: www dot bloomberg dot com slash podcast Slash Law, and

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00:28:32,480 --> 00:28:35,200
Speaker 1: remember to tune into The Bloomberg Law Show every week

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Speaker 1: night at ten BM Wall Street Time. I'm June Grosso

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Speaker 1: and you're listening to Bloomberg