1 00:00:00,120 --> 00:00:02,360 Speaker 1: Donald Trump and his aid say he's narrowed down his 2 00:00:02,520 --> 00:00:05,920 Speaker 1: universe of potential Supreme Court nominees to a handful, perhaps 3 00:00:05,920 --> 00:00:08,400 Speaker 1: three or four or five. That's down from the twenty 4 00:00:08,440 --> 00:00:12,000 Speaker 1: one people he listed during the presidential campaign. A person 5 00:00:12,039 --> 00:00:15,160 Speaker 1: who's close to the process described Trump's criteria for Bloomberg 6 00:00:16,280 --> 00:00:18,920 Speaker 1: someone who has a long and distinguished conservative track record, 7 00:00:18,960 --> 00:00:22,400 Speaker 1: but ideally is no older than fifty eight. Mr Trump 8 00:00:22,520 --> 00:00:24,360 Speaker 1: is said to be willing to go outside what has 9 00:00:24,360 --> 00:00:27,160 Speaker 1: been the traditional box for Supreme Court nominees and consider 10 00:00:27,240 --> 00:00:30,200 Speaker 1: someone without an Ivy League pedigree, and possibly even a 11 00:00:30,200 --> 00:00:33,680 Speaker 1: state court judge. The announcement is likely only a few 12 00:00:33,720 --> 00:00:37,400 Speaker 1: weeks away, and I'm told could happen even before inauguration 13 00:00:37,479 --> 00:00:43,360 Speaker 1: day on September twenty excuse me, January. We're gonna talk 14 00:00:43,400 --> 00:00:46,960 Speaker 1: about those criterias, criteria and what it could mean for 15 00:00:47,080 --> 00:00:50,800 Speaker 1: Trump's Supreme Court announcement. Who will be the next Supreme 16 00:00:50,840 --> 00:00:54,480 Speaker 1: Court nominee. Our guest today is Stephen Vladik, a professor 17 00:00:54,520 --> 00:00:57,640 Speaker 1: at the University of Texas Law School. Steve, Thanks for 18 00:00:57,720 --> 00:01:02,640 Speaker 1: joining us, Steve. One name that keeps being mentioned is 19 00:01:02,680 --> 00:01:05,959 Speaker 1: that of William Pryor. He's a judge in atlant and 20 00:01:05,959 --> 00:01:09,800 Speaker 1: excuse me, in in Alabama. He's on the Atlanta based 21 00:01:09,840 --> 00:01:13,880 Speaker 1: Federal Appeals Court there. Donald Trump has mentioned his name. 22 00:01:14,120 --> 00:01:16,200 Speaker 1: He's fifty four, so he's right in the middle of 23 00:01:16,240 --> 00:01:19,160 Speaker 1: the the age range. Is it your sense that he 24 00:01:19,319 --> 00:01:21,160 Speaker 1: is the front runner and f so what kind of 25 00:01:21,160 --> 00:01:23,720 Speaker 1: Supreme Court justice would he be? Yeah? I mean, you know, 26 00:01:23,800 --> 00:01:25,640 Speaker 1: the two names credit that I keep here on the 27 00:01:25,680 --> 00:01:29,120 Speaker 1: most often are Judge Prior and also Judge Diane Psyche, 28 00:01:29,200 --> 00:01:31,000 Speaker 1: who I imagine we'll talk about in the minute, who 29 00:01:31,080 --> 00:01:34,080 Speaker 1: sits on the Seventh Circuit, the Federal Appeals Court in Chicago, 30 00:01:34,120 --> 00:01:36,480 Speaker 1: though chief keeps her chambers in Wisconsin. UM, you know, 31 00:01:36,480 --> 00:01:38,080 Speaker 1: with the guard to Judge Prior, I mean, I do 32 00:01:38,200 --> 00:01:41,800 Speaker 1: think that he meets almost all of the criteria that 33 00:01:41,840 --> 00:01:45,800 Speaker 1: have been offered by the Trump transition team. UM President 34 00:01:45,840 --> 00:01:49,400 Speaker 1: George W. Bush actually recess appointed him to the Eleventh 35 00:01:49,400 --> 00:01:52,320 Speaker 1: Circuit back in two thousand and four because he was 36 00:01:52,400 --> 00:01:55,520 Speaker 1: so controversial at the time. UM he was part of 37 00:01:55,520 --> 00:01:57,840 Speaker 1: the deal that was made between the so called Gang 38 00:01:57,880 --> 00:02:01,000 Speaker 1: of Fourteen that allowed his nomination to get to a 39 00:02:01,040 --> 00:02:03,680 Speaker 1: full Senate vote in two thousand five, where he was 40 00:02:03,720 --> 00:02:07,440 Speaker 1: confirmed very narrowly fifty three to forty five. Um. You know, 41 00:02:07,480 --> 00:02:10,680 Speaker 1: he's a former Attorney General of Alabama, UM, which I 42 00:02:10,680 --> 00:02:13,840 Speaker 1: think should tell folks quite a bit about his credentials. Um. 43 00:02:14,000 --> 00:02:16,560 Speaker 1: He's called Roe versus Wade. You know, the Supreme Court 44 00:02:16,560 --> 00:02:20,160 Speaker 1: decision recognizing a woman's right to an abortion, Um, the 45 00:02:20,240 --> 00:02:24,000 Speaker 1: worst abomination in the history of constitutional law. So I think, 46 00:02:24,040 --> 00:02:27,120 Speaker 1: you know, Judge Pryor is very much red meat um 47 00:02:27,240 --> 00:02:31,200 Speaker 1: for conservatives looking for, you know, someone to carry on 48 00:02:31,560 --> 00:02:34,040 Speaker 1: the legacy and the and the voting record of of 49 00:02:34,080 --> 00:02:37,040 Speaker 1: the late Justice antonin Scalia. We're talking about Donald Trump's 50 00:02:37,040 --> 00:02:40,360 Speaker 1: Supreme Court nomination. Our guests are University of Texas law 51 00:02:40,360 --> 00:02:44,560 Speaker 1: professor Steven Blantock and Carry Sabina of the Judicial Crisis Network. 52 00:02:45,200 --> 00:02:49,320 Speaker 1: Kerry Steve was talking a moment ago about Judge William Pryor. Um, 53 00:02:49,760 --> 00:02:53,120 Speaker 1: given all that's happened with this this nomination, would wouldn't 54 00:02:53,160 --> 00:02:55,680 Speaker 1: judge prior sort of being in your face kind of 55 00:02:55,919 --> 00:02:59,680 Speaker 1: kind of statement by this new administration towards the Democrats. 56 00:02:59,720 --> 00:03:03,280 Speaker 1: Surely he would be incredibly uh controversial and stir up 57 00:03:03,320 --> 00:03:07,240 Speaker 1: a lot of opposition. Well, frankly, anyone on Trump's list 58 00:03:07,520 --> 00:03:10,040 Speaker 1: is going to be controversial and stir up opposition because 59 00:03:10,880 --> 00:03:12,840 Speaker 1: they are all people who are going to be consistent 60 00:03:13,040 --> 00:03:16,480 Speaker 1: judicial conservatives. They're going to be people who have justice 61 00:03:16,520 --> 00:03:20,320 Speaker 1: scalias approach of originalism to the Constitution. And uh, and 62 00:03:20,360 --> 00:03:22,400 Speaker 1: I don't think that's something that that the liberals are 63 00:03:22,440 --> 00:03:24,680 Speaker 1: going to want to see on the court. Now. Prior 64 00:03:24,760 --> 00:03:27,679 Speaker 1: has some more explicit statements anythink we we talked about 65 00:03:27,760 --> 00:03:30,919 Speaker 1: his statement about Roe versus Wade earlier, but frankly, that's 66 00:03:31,040 --> 00:03:33,560 Speaker 1: that is presumably the position of everyone on this list. 67 00:03:33,560 --> 00:03:37,440 Speaker 1: And Frankly, the idea that roversus Wade is constitutionally unfirm 68 00:03:37,760 --> 00:03:40,360 Speaker 1: is something that is shared across the spectrum. You've got 69 00:03:40,360 --> 00:03:44,120 Speaker 1: people like Lawrence Tribe, who is a leading liberal constitutional 70 00:03:44,160 --> 00:03:47,200 Speaker 1: law professor, who says there is no substantive reasoning behind 71 00:03:47,200 --> 00:03:49,520 Speaker 1: this opinion, even though I think he agrees with um 72 00:03:49,640 --> 00:03:51,920 Speaker 1: the the end of it. So I think people are 73 00:03:51,920 --> 00:03:53,880 Speaker 1: people are trying to try to drum that up into 74 00:03:54,200 --> 00:03:56,680 Speaker 1: more than it is. But while he may have more 75 00:03:56,920 --> 00:03:59,600 Speaker 1: on the record than some people do, I think you'll 76 00:03:59,640 --> 00:04:01,880 Speaker 1: see that across the board. We're going to look at 77 00:04:01,920 --> 00:04:04,960 Speaker 1: people on this list who are going to be originalists 78 00:04:04,960 --> 00:04:06,960 Speaker 1: and text list when it comes to the Constitution, and 79 00:04:07,000 --> 00:04:09,920 Speaker 1: that means sticking with the Constitution rather than trying to 80 00:04:09,960 --> 00:04:13,040 Speaker 1: read into it um other kind of policy goals like 81 00:04:13,040 --> 00:04:16,839 Speaker 1: the Court did in ro versus. Wade. Steve is carry 82 00:04:16,920 --> 00:04:19,719 Speaker 1: right in the sense that that everybody on Donald Trump's 83 00:04:19,760 --> 00:04:21,600 Speaker 1: list is going to be pretty similar. Let's I mean, 84 00:04:21,640 --> 00:04:24,160 Speaker 1: let me ask you about Diane Sykes, for example, Uh, 85 00:04:24,200 --> 00:04:26,560 Speaker 1: somebody else you mentioned, somebody else Donald Trump has mentioned. 86 00:04:26,960 --> 00:04:30,760 Speaker 1: Is she going to be as conservative as as William 87 00:04:30,800 --> 00:04:34,640 Speaker 1: Prior would be, only with perhaps a bit of a 88 00:04:34,640 --> 00:04:37,880 Speaker 1: softer demeanor maybe. I mean, I guess you know, the 89 00:04:38,560 --> 00:04:40,680 Speaker 1: I resist the notion that that everyone on the list 90 00:04:40,760 --> 00:04:42,400 Speaker 1: is the same. I mean, I think that there are 91 00:04:42,440 --> 00:04:44,920 Speaker 1: there are subtle but important differences in all these folks. 92 00:04:44,920 --> 00:04:46,880 Speaker 1: And also, I mean, let's keep in mind that there's 93 00:04:46,920 --> 00:04:50,039 Speaker 1: a long history of lower court judges, you know, moving 94 00:04:50,120 --> 00:04:51,600 Speaker 1: one direction or the other once they put on the 95 00:04:51,640 --> 00:04:53,719 Speaker 1: Supreme Court. So I'm not sure that we should assume 96 00:04:54,240 --> 00:04:56,719 Speaker 1: that all of these folks are equal just because perhaps 97 00:04:56,760 --> 00:04:59,520 Speaker 1: they all share the view that Row is wrong. We decided, um, 98 00:04:59,600 --> 00:05:03,719 Speaker 1: you know, some almost what's different about her from um 99 00:05:03,760 --> 00:05:07,480 Speaker 1: a judge prior? Um. This is something with state court experience, 100 00:05:07,480 --> 00:05:09,919 Speaker 1: I mean, she's spent um the better part of thirteen 101 00:05:10,000 --> 00:05:12,320 Speaker 1: years on the Wisconsin state courts, first on the lower 102 00:05:12,360 --> 00:05:15,080 Speaker 1: courts and then on the Wisconsin Supreme Court. Um, you know, 103 00:05:15,160 --> 00:05:17,400 Speaker 1: this is someone who obviously from a different part of 104 00:05:17,400 --> 00:05:19,440 Speaker 1: the country, and so may you know, come with some 105 00:05:19,440 --> 00:05:22,080 Speaker 1: of these issues from that perspective as opposed to, you know, 106 00:05:22,160 --> 00:05:25,480 Speaker 1: the perspective of a state attorney general from Alabama. Um. 107 00:05:25,520 --> 00:05:27,520 Speaker 1: So you know, I guess i'd just be careful to 108 00:05:27,520 --> 00:05:30,200 Speaker 1: to not paint all these folks with the same brush, 109 00:05:30,560 --> 00:05:33,320 Speaker 1: just because in the broader scheme of things, they might 110 00:05:33,360 --> 00:05:36,080 Speaker 1: all be, you know, properly cast with the label conservative. 111 00:05:36,440 --> 00:05:39,640 Speaker 1: Carry Diane Sex just turned fifty nine. Is is she 112 00:05:39,760 --> 00:05:42,200 Speaker 1: too old to be a Supreme Court nominee? I don't 113 00:05:42,240 --> 00:05:44,720 Speaker 1: think anyone this list is necessarily too old. And remember, 114 00:05:44,800 --> 00:05:47,600 Speaker 1: of course women's women's lifespans are exceed those of men, 115 00:05:47,680 --> 00:05:49,480 Speaker 1: so you can subtract a few years right from her 116 00:05:49,520 --> 00:05:51,880 Speaker 1: age if you're comparing her to the guys in the list. Um, 117 00:05:52,080 --> 00:05:53,760 Speaker 1: I don't think so. I think all these people are 118 00:05:53,760 --> 00:05:56,840 Speaker 1: going to be incredibly qualified. Obviously, you want someone who's 119 00:05:56,839 --> 00:05:59,400 Speaker 1: gonna be on the court for a long time. But hey, look, 120 00:05:59,400 --> 00:06:02,800 Speaker 1: at Justice. She's in her eighties, she's still serving on 121 00:06:02,839 --> 00:06:06,479 Speaker 1: the court. So I think thirty twenty or thirty years 122 00:06:06,480 --> 00:06:08,960 Speaker 1: in the court is a really long tenure, however you 123 00:06:08,960 --> 00:06:12,479 Speaker 1: slice it. Carry, Um, who else should we be talking 124 00:06:12,520 --> 00:06:15,200 Speaker 1: about here? One thing that I've been told is that, uh, 125 00:06:15,240 --> 00:06:17,560 Speaker 1: somebody with a compelling personal story might have a little 126 00:06:17,560 --> 00:06:19,560 Speaker 1: bit of an edge. Is or is there somebody on 127 00:06:19,600 --> 00:06:22,320 Speaker 1: this list who has an especially good personal story you 128 00:06:22,360 --> 00:06:25,480 Speaker 1: think might might play well and add something to the court. 129 00:06:25,680 --> 00:06:27,680 Speaker 1: You know, there's there's a lot of great, great personal 130 00:06:27,720 --> 00:06:29,360 Speaker 1: stories in there. The one that first jumps to mind 131 00:06:29,360 --> 00:06:31,520 Speaker 1: when you talk about personal stories as Judge Grunder. He 132 00:06:31,600 --> 00:06:35,520 Speaker 1: has um a really you know, challenging background where he 133 00:06:36,080 --> 00:06:39,479 Speaker 1: had survived an attack on a domestic violence attack on 134 00:06:39,520 --> 00:06:43,279 Speaker 1: his family by his own father, um, and was injured 135 00:06:43,279 --> 00:06:45,680 Speaker 1: in the process. And it was really amazing to see 136 00:06:45,680 --> 00:06:49,159 Speaker 1: what he has overcome then to accomplish all the incredible 137 00:06:49,240 --> 00:06:52,120 Speaker 1: things he did. I think that's that's a really amazing 138 00:06:52,160 --> 00:06:55,160 Speaker 1: story and by all accounts, you know, a really great 139 00:06:55,160 --> 00:06:58,200 Speaker 1: guy as well. So, um, yeah, there's certainly and I'm 140 00:06:58,200 --> 00:07:00,400 Speaker 1: not saying everyone on this list is is identical. Obviously, 141 00:07:00,440 --> 00:07:03,200 Speaker 1: they all have slightly different you know, um backgrounds, You've 142 00:07:03,200 --> 00:07:05,520 Speaker 1: got You've got people who are state judges in this list, 143 00:07:05,520 --> 00:07:07,520 Speaker 1: which I think is so interesting. It's not just the 144 00:07:07,560 --> 00:07:10,880 Speaker 1: typical list of all federal polic court judges. You've got 145 00:07:10,920 --> 00:07:14,160 Speaker 1: federal district court judges, You've got state, um Supreme Court 146 00:07:14,200 --> 00:07:17,360 Speaker 1: justices on there, so that those all those people bring 147 00:07:17,440 --> 00:07:20,400 Speaker 1: a slightly different type of experience, and I think that's 148 00:07:20,600 --> 00:07:22,440 Speaker 1: it's going to be interesting to see how the President 149 00:07:22,440 --> 00:07:25,679 Speaker 1: weighs those different things, um, when he's deciding to do that. Steve, 150 00:07:25,680 --> 00:07:27,600 Speaker 1: I've only got about well twenty seconds left or so, 151 00:07:27,680 --> 00:07:30,520 Speaker 1: is there somebody on this list you recognizing you don't 152 00:07:30,520 --> 00:07:32,080 Speaker 1: don't agree with Mr Trump on a lot of things, 153 00:07:32,080 --> 00:07:33,760 Speaker 1: somebody you would you would pick out as being in 154 00:07:34,000 --> 00:07:36,160 Speaker 1: especially good choice for him. I mean, you know, I'm 155 00:07:36,160 --> 00:07:38,240 Speaker 1: a big fan of going against the grade here, and 156 00:07:38,280 --> 00:07:40,960 Speaker 1: so someone like Senator Mike Lee from Utah, who has 157 00:07:41,000 --> 00:07:42,920 Speaker 1: been very vocal in the opposition to President Trump and 158 00:07:42,920 --> 00:07:45,680 Speaker 1: who has you know, meaningful federal political experience. Some of 159 00:07:45,720 --> 00:07:48,280 Speaker 1: the great justice in American history were senators first, and 160 00:07:48,280 --> 00:07:50,160 Speaker 1: it would be nice to you know, get that kind 161 00:07:50,160 --> 00:07:53,200 Speaker 1: of cross branch dialogue back on the court. We're gonna 162 00:07:53,240 --> 00:07:55,640 Speaker 1: have to leave it there. Steve Lattick carry Savorino. Thank 163 00:07:55,680 --> 00:07:58,880 Speaker 1: you so much. Coming up on Bloomberg, we will talk 164 00:07:58,960 --> 00:08:02,480 Speaker 1: about police taking pictures of your draft, of your license plate. 165 00:08:03,000 --> 00:08:04,040 Speaker 1: This is bloomber