1 00:00:03,920 --> 00:00:10,520 Speaker 1: It's that time, time, time, time, luck and load. 2 00:00:11,200 --> 00:00:11,239 Speaker 2: You. 3 00:00:11,480 --> 00:00:21,560 Speaker 3: Michael Berry's show is on the air. It's Charlie from 4 00:00:21,560 --> 00:00:24,159 Speaker 3: BlackBerry Smoke. I can feel a good one coming on. 5 00:00:24,360 --> 00:00:25,680 Speaker 2: It's the Michael Berry Show. 6 00:00:27,040 --> 00:00:29,960 Speaker 4: Any attempt to restrict drinking and driving here is viewed 7 00:00:29,960 --> 00:00:32,159 Speaker 4: by some that's downright undemocratic. 8 00:00:32,720 --> 00:00:36,000 Speaker 3: Lugs, drax, you don't pay. Anthony felt you enough. That 9 00:00:36,200 --> 00:00:42,240 Speaker 3: man lied and people died everything they did. People died alone. 10 00:00:42,520 --> 00:00:45,560 Speaker 3: You know, every year in America, a certain number of 11 00:00:45,600 --> 00:00:47,640 Speaker 3: people are going to die. They age out, you know, 12 00:00:47,720 --> 00:00:51,040 Speaker 3: they die of cancer, they have a heart attack, but 13 00:00:51,080 --> 00:00:53,559 Speaker 3: they die with dignity. It's one of the things that 14 00:00:53,640 --> 00:00:58,120 Speaker 3: makes our society beautiful. They die with dignity, surrounded by 15 00:00:58,160 --> 00:01:01,080 Speaker 3: the people who love them, unless it's an accident, unless 16 00:01:01,080 --> 00:01:05,720 Speaker 3: it happened. But if they're old and they have a condition, 17 00:01:06,360 --> 00:01:08,520 Speaker 3: they die with their loved ones around them. And that's 18 00:01:08,560 --> 00:01:13,440 Speaker 3: a very powerful moment. Because of Fauci and people like him, 19 00:01:14,120 --> 00:01:16,520 Speaker 3: you were prohibited from holding the hand of your grandmother 20 00:01:16,560 --> 00:01:21,320 Speaker 3: as she slipped away, and I will never ever forgive 21 00:01:21,360 --> 00:01:28,000 Speaker 3: them for that. Anthony Fauci began COVID by saying, don't 22 00:01:28,000 --> 00:01:31,080 Speaker 3: wear a mask. There's shmuts, you'll get on it. You know, 23 00:01:31,160 --> 00:01:33,360 Speaker 3: a mask would just trap all the snot and everything 24 00:01:33,400 --> 00:01:36,200 Speaker 3: in your mouth, and that's not good for you. But 25 00:01:36,319 --> 00:01:39,839 Speaker 3: then they decided and he admitted even though the mask 26 00:01:39,959 --> 00:01:43,040 Speaker 3: doesn't stop you from passing into the particulates because they're 27 00:01:43,160 --> 00:01:47,840 Speaker 3: so microscopic. When everyone's wearing a mask, we all know 28 00:01:47,920 --> 00:01:50,520 Speaker 3: we're in the middle of a pandemic, and that's important. 29 00:01:50,560 --> 00:01:53,080 Speaker 3: We need everybody to be scared. And if everybody's not 30 00:01:53,080 --> 00:01:56,640 Speaker 3: wearing a mask, then everybody's not scared. And by the way, 31 00:01:58,200 --> 00:02:03,920 Speaker 3: you can't interact with people to stay three feet apart. Well, 32 00:02:03,920 --> 00:02:06,280 Speaker 3: why can't we do two? Okay, maybe two? What do 33 00:02:06,280 --> 00:02:08,280 Speaker 3: you do? What do you want to do? Let's do six? 34 00:02:08,919 --> 00:02:12,000 Speaker 3: Okay six. They literally just pulled it out. 35 00:02:11,840 --> 00:02:12,639 Speaker 2: Of a hat. 36 00:02:13,040 --> 00:02:13,320 Speaker 4: Six. 37 00:02:14,040 --> 00:02:17,520 Speaker 3: So schools moved the stuff away. You would go into 38 00:02:17,680 --> 00:02:20,320 Speaker 3: iny Goo, into two retail shops and they would have 39 00:02:20,360 --> 00:02:22,520 Speaker 3: signs you can stand here, and you can stand here. 40 00:02:23,240 --> 00:02:27,799 Speaker 3: It was all a joke. None of it was based 41 00:02:27,840 --> 00:02:30,519 Speaker 3: on the science. But I want you to listen here. 42 00:02:31,440 --> 00:02:33,960 Speaker 3: I want you to listen to this arrogant little bastard say, 43 00:02:34,480 --> 00:02:39,880 Speaker 3: trust me, I am the science. Lest I said, WOI 44 00:02:40,320 --> 00:02:44,120 Speaker 3: I am the state. I am the God, you know 45 00:02:44,200 --> 00:02:47,520 Speaker 3: this is This is Henry making himself the head of 46 00:02:47,520 --> 00:02:52,800 Speaker 3: the Anglican Church, crowning himself. This is Charlemagne having the 47 00:02:52,919 --> 00:02:56,200 Speaker 3: crowning ceremony where the crown is put upon the king, 48 00:02:56,680 --> 00:03:01,520 Speaker 3: and the only man worthy of crowning the king is Charlemagne. 49 00:03:01,960 --> 00:03:03,800 Speaker 3: So he took the crown and placed it on his 50 00:03:03,919 --> 00:03:07,440 Speaker 3: head as if it was somehow a transfer of power. 51 00:03:07,960 --> 00:03:13,040 Speaker 3: It was just an affirmation of his own arrogance. I 52 00:03:13,120 --> 00:03:15,280 Speaker 3: want you to think about how evil this man is. 53 00:03:16,080 --> 00:03:19,520 Speaker 3: Not because it's worth your time to, you know, to 54 00:03:19,600 --> 00:03:21,240 Speaker 3: make a what do you call those things that you 55 00:03:21,280 --> 00:03:25,400 Speaker 3: put needles in the dolls? Voodoo dolls or whatever, but 56 00:03:25,560 --> 00:03:27,760 Speaker 3: because you need to understand that a lot of people 57 00:03:28,120 --> 00:03:30,600 Speaker 3: are going to get you to do bad things on 58 00:03:30,720 --> 00:03:35,360 Speaker 3: the basis of their supposed power and your necessary obedience 59 00:03:35,400 --> 00:03:37,119 Speaker 3: to it. Resist. 60 00:03:37,560 --> 00:03:41,640 Speaker 5: But they're really criticizing science, because I represent science. 61 00:03:42,560 --> 00:03:45,240 Speaker 3: If you're vaccinated, you really don't need to worry about 62 00:03:46,480 --> 00:03:49,240 Speaker 3: getting it in a way that's serious or transmitting it 63 00:03:51,040 --> 00:03:53,040 Speaker 3: that is true, that is correct, Chris. 64 00:03:53,080 --> 00:03:56,440 Speaker 6: They to lead to protect you completely against infection, and 65 00:03:56,480 --> 00:03:58,680 Speaker 6: the chances are very likely that you'll not be able 66 00:03:58,720 --> 00:04:02,480 Speaker 6: to transmit it other people. The risk is extremely low 67 00:04:02,680 --> 00:04:04,360 Speaker 6: of transmitting it to anybody else. 68 00:04:04,600 --> 00:04:10,280 Speaker 5: Full stocksinated people are clearly capable of transmitting the infection. 69 00:04:13,120 --> 00:04:16,360 Speaker 5: When you're in the middle of an outbreak, wearing a 70 00:04:16,400 --> 00:04:19,600 Speaker 5: mask might make people feel a little bit better. If 71 00:04:19,640 --> 00:04:22,120 Speaker 5: people are not wearing masks, then maybe we should be 72 00:04:22,200 --> 00:04:22,760 Speaker 5: manned any it. 73 00:04:23,000 --> 00:04:26,000 Speaker 7: I often myself wear two masks, and I'm quoting it now. 74 00:04:26,240 --> 00:04:30,120 Speaker 8: At the population level, masks work at the margins, maybe 75 00:04:30,240 --> 00:04:33,080 Speaker 8: ten percent. To hear that they only work at the margins, 76 00:04:33,080 --> 00:04:35,239 Speaker 8: maybe ten percent would make a lot of people ask, 77 00:04:35,320 --> 00:04:36,480 Speaker 8: then why was I wearing a mask. 78 00:04:36,640 --> 00:04:40,200 Speaker 5: You're really attacking not only doctor Anthony Fauci, you're attacking 79 00:04:40,320 --> 00:04:42,600 Speaker 5: science when you say that this is going to go 80 00:04:42,600 --> 00:04:45,360 Speaker 5: away tomorrow like magic, when you know that there's no 81 00:04:45,480 --> 00:04:46,240 Speaker 5: chance it's going. 82 00:04:46,200 --> 00:04:47,000 Speaker 3: To just disappear. 83 00:04:47,120 --> 00:04:50,160 Speaker 1: We hope this just goes away, burns itself out. 84 00:04:51,960 --> 00:04:53,719 Speaker 8: So my question is, why weren't you straight with the 85 00:04:53,720 --> 00:04:55,640 Speaker 8: American people about this to begin with. 86 00:04:56,200 --> 00:04:58,520 Speaker 6: So the bottom line is it's a guestimate. 87 00:04:58,680 --> 00:04:59,679 Speaker 3: I gave a range. 88 00:05:00,120 --> 00:05:02,240 Speaker 4: It seemed in that quote to suggest that you were 89 00:05:02,279 --> 00:05:06,600 Speaker 4: basing your recommendation on pulling on what people could accept. 90 00:05:06,680 --> 00:05:07,599 Speaker 9: Is that not what you meant. 91 00:05:09,440 --> 00:05:11,120 Speaker 5: No, I mean it's a bit of that. 92 00:05:11,560 --> 00:05:14,520 Speaker 8: We're seeing all of these school closures around the country. 93 00:05:14,640 --> 00:05:17,719 Speaker 3: Is that the right move for children and families? Yeah, 94 00:05:17,720 --> 00:05:19,640 Speaker 3: I think what's going on right now is. 95 00:05:20,240 --> 00:05:23,720 Speaker 1: Generally an appropriate approach. You want to start doing something 96 00:05:23,800 --> 00:05:28,880 Speaker 1: to socially distance yourself. How dramatic that is, closing schools 97 00:05:28,880 --> 00:05:31,479 Speaker 1: and doing other things should be proportionate. 98 00:05:31,480 --> 00:05:35,480 Speaker 5: And it went too far that, particularly for kids who 99 00:05:35,560 --> 00:05:40,560 Speaker 5: couldn't go to school except remotely, that it's forever damaged them. 100 00:05:40,960 --> 00:05:44,200 Speaker 1: Well, I don't think it's forever irreparably damaged anyone. 101 00:05:44,400 --> 00:05:47,480 Speaker 4: The US Surgeon General has called it an urgent public 102 00:05:47,520 --> 00:05:50,640 Speaker 4: health crisis, a devastating decline in the mental health of 103 00:05:50,720 --> 00:05:54,320 Speaker 4: kids across the country. According to the CDC, the rates 104 00:05:54,360 --> 00:05:59,120 Speaker 4: of suicide, self harm, anxiety, and depression are up among adolescents. 105 00:06:00,240 --> 00:06:04,479 Speaker 5: Will show Neil that we didn't recommend shutting everything down. 106 00:06:04,800 --> 00:06:07,400 Speaker 7: First of all, I didn't recommend locking anything down. I 107 00:06:07,480 --> 00:06:11,040 Speaker 7: recommended to the President that we shut the country down, 108 00:06:12,440 --> 00:06:15,599 Speaker 7: and that was very difficult decision because I knew it 109 00:06:15,600 --> 00:06:18,800 Speaker 7: would have serious economic consequences, which it did. 110 00:06:19,400 --> 00:06:22,760 Speaker 5: Yeah, because if you look at the people that. 111 00:06:22,720 --> 00:06:23,919 Speaker 3: Are politicizing me. 112 00:06:24,360 --> 00:06:27,480 Speaker 5: There's somebody that are all the way over on one level, 113 00:06:27,920 --> 00:06:30,080 Speaker 5: but there are a lot of other people who look 114 00:06:30,160 --> 00:06:33,279 Speaker 5: upon me the way they should as a non political 115 00:06:33,320 --> 00:06:36,279 Speaker 5: person that I am. If they're not doing it because 116 00:06:36,279 --> 00:06:38,560 Speaker 5: they say they don't want to give up their Republicans. 117 00:06:38,560 --> 00:06:40,760 Speaker 3: They don't like to be told what to do, and 118 00:06:41,279 --> 00:06:43,440 Speaker 3: we got to break that. But now is the time 119 00:06:43,920 --> 00:06:50,440 Speaker 3: to do what you're told. Where did this virus come from? 120 00:06:50,480 --> 00:06:52,560 Speaker 3: Do you think today? Did it come from a lab? 121 00:06:52,680 --> 00:06:53,640 Speaker 3: Was it man made? 122 00:06:53,839 --> 00:06:57,520 Speaker 5: When you have the animal human interface and you have 123 00:06:57,640 --> 00:07:00,000 Speaker 5: animals that come out of the wild that are sold 124 00:07:00,680 --> 00:07:02,600 Speaker 5: that these open what they call them, what. 125 00:07:02,839 --> 00:07:05,800 Speaker 3: Market place of origin was not within the market though, 126 00:07:05,800 --> 00:07:06,720 Speaker 3: I don't think you could say that. 127 00:07:06,839 --> 00:07:10,000 Speaker 9: There's a report today that another intelligence arm of the 128 00:07:10,080 --> 00:07:13,520 Speaker 9: US government, this is inside our Energy Department, has joined 129 00:07:13,520 --> 00:07:16,720 Speaker 9: the FBI in concluding that COVID began with a lab 130 00:07:16,800 --> 00:07:21,240 Speaker 9: leak in China. 131 00:07:19,960 --> 00:07:23,560 Speaker 5: That the NIH has not eva and does not now 132 00:07:24,240 --> 00:07:29,080 Speaker 5: fund gain a function research in the Wuhan Institute. 133 00:07:29,120 --> 00:07:33,200 Speaker 10: We now know that a bat coronavirus was enhanced in 134 00:07:33,240 --> 00:07:35,440 Speaker 10: a lack The National Institute's. 135 00:07:34,920 --> 00:07:37,240 Speaker 3: Of help acknowledge that it funded. 136 00:07:36,920 --> 00:07:39,480 Speaker 10: Research of a virus that was studied at the Wuhan 137 00:07:39,560 --> 00:07:43,840 Speaker 10: Institute of Virology. The experiments, unexpectedly were told made a 138 00:07:43,920 --> 00:07:48,160 Speaker 10: bat coronavirus more contagious than the original naturally occurring one. 139 00:07:48,200 --> 00:07:51,400 Speaker 7: Take an animal virus and you increase the dressability to humans. 140 00:07:51,640 --> 00:07:53,000 Speaker 3: You're saying, that's not gain the fund. 141 00:07:53,040 --> 00:07:56,360 Speaker 5: That is correct, and Senator Poull, you do not know 142 00:07:56,400 --> 00:07:59,040 Speaker 5: what you are talking about, quite frankly, and I want 143 00:07:59,040 --> 00:08:02,440 Speaker 5: to say that, of officially, you do not know what 144 00:08:02,480 --> 00:08:05,960 Speaker 5: you are talking about. They took animal viruses that only 145 00:08:06,000 --> 00:08:09,800 Speaker 5: occur in animals and they increase their transmissibility to humans. 146 00:08:10,080 --> 00:08:12,040 Speaker 3: How you can say that is not Gaina Funk. 147 00:08:12,120 --> 00:08:15,240 Speaker 5: It is not what we're talking about now. Is the 148 00:08:15,360 --> 00:08:20,760 Speaker 5: gain of function research in studies that increase predominantly the transmissibility. 149 00:08:20,960 --> 00:08:24,880 Speaker 3: You've got the Michael Berrys Show. One of my favorite 150 00:08:24,880 --> 00:08:28,400 Speaker 3: people to have on our show. We don't do a 151 00:08:28,400 --> 00:08:33,480 Speaker 3: lot of guests, and these days especially, there is so 152 00:08:33,559 --> 00:08:36,559 Speaker 3: much for me to talk about, we just don't do 153 00:08:36,720 --> 00:08:38,800 Speaker 3: much of it. But there is a fellow by the 154 00:08:38,880 --> 00:08:42,640 Speaker 3: name of Professor Josh Blackman who is a professor of 155 00:08:42,760 --> 00:08:47,120 Speaker 3: law at the University of South Texas in Houston, and 156 00:08:47,200 --> 00:08:50,679 Speaker 3: he is a nationally renowned expert on the Supreme Court, 157 00:08:52,280 --> 00:08:53,800 Speaker 3: and I get a lot of emails we'll say you 158 00:08:53,800 --> 00:08:58,360 Speaker 3: need to have Professor Blackman back on and because he's 159 00:08:58,400 --> 00:09:02,120 Speaker 3: so knowledgeable about the Supreme Court. And I don't do 160 00:09:02,200 --> 00:09:04,880 Speaker 3: it that often because, truthfully, I worry how many people 161 00:09:04,960 --> 00:09:07,280 Speaker 3: really care about what the Supreme Court is up to 162 00:09:08,160 --> 00:09:12,000 Speaker 3: until there's a ruling that affects our lives regarding abortion 163 00:09:12,679 --> 00:09:18,040 Speaker 3: or gun rights or these sorts of things. And I 164 00:09:18,040 --> 00:09:21,760 Speaker 3: think it's important to understand who is on the court, 165 00:09:22,120 --> 00:09:25,360 Speaker 3: how they got there, why they rule the way they rule, 166 00:09:25,800 --> 00:09:28,640 Speaker 3: especially with John Roberts, why is he so wrong in everything? 167 00:09:29,080 --> 00:09:31,200 Speaker 3: Or Amy Cony Barrett. I mean, why do we fight 168 00:09:31,240 --> 00:09:33,880 Speaker 3: so hard to get her if she's going to end 169 00:09:33,960 --> 00:09:35,640 Speaker 3: up going against the president. We got a six to 170 00:09:35,640 --> 00:09:38,360 Speaker 3: three majority and we're losing five four decisions. This isn't 171 00:09:38,360 --> 00:09:42,160 Speaker 3: how this is supposed to work. Right, Well, there's nobody 172 00:09:42,400 --> 00:09:44,760 Speaker 3: better to talk to about the Supreme Court. And I 173 00:09:44,760 --> 00:09:46,200 Speaker 3: would tell you a lot of you are aware of 174 00:09:46,240 --> 00:09:48,120 Speaker 3: the importance of the Supreme Court because a number of 175 00:09:48,120 --> 00:09:51,680 Speaker 3: you during the first election in twenty sixteen were saying, Hey, 176 00:09:52,679 --> 00:09:55,480 Speaker 3: whether somebody likes Trump or not, we've got to control 177 00:09:55,520 --> 00:09:57,559 Speaker 3: the Supreme Court, and he put three justices on the 178 00:09:57,600 --> 00:10:00,160 Speaker 3: Supreme Court. It ended up mattering. Those people have a 179 00:10:00,280 --> 00:10:04,880 Speaker 3: lot of foresight. The Supreme Court is very, very relevant 180 00:10:04,920 --> 00:10:08,280 Speaker 3: to our lives, and we tend to see the Congressman 181 00:10:08,640 --> 00:10:11,080 Speaker 3: all the time. But you need to understand what's going 182 00:10:11,080 --> 00:10:13,640 Speaker 3: on with Supreme Court. So we will speak to Professor 183 00:10:13,720 --> 00:10:18,000 Speaker 3: Josh Blackman. Let's start with the aforementioned John Roberts. So 184 00:10:18,120 --> 00:10:21,040 Speaker 3: he's seventy years old. He was fifty when he came 185 00:10:21,040 --> 00:10:26,160 Speaker 3: on to the court, nominated by George W. Bush. Do 186 00:10:26,240 --> 00:10:28,720 Speaker 3: you expect him to how long do you expect him 187 00:10:28,720 --> 00:10:29,400 Speaker 3: to stay on the court? 188 00:10:29,559 --> 00:10:32,960 Speaker 2: Philie dies Really, I don't think he's ever gonna leave. Yeah. 189 00:10:33,080 --> 00:10:36,240 Speaker 2: Chief Justices tend not to retire him to die in office. 190 00:10:36,280 --> 00:10:38,679 Speaker 2: I mean Chief Justice Warrant retired early. But that's that's 191 00:10:38,679 --> 00:10:41,920 Speaker 2: why you can think of ease. We tend to. Yeah, 192 00:10:42,320 --> 00:10:44,319 Speaker 2: I think Rank was one. I'm sorry. Roberts quite like 193 00:10:44,360 --> 00:10:46,320 Speaker 2: his boss Ranquist, and they'll say till the very end. 194 00:10:47,120 --> 00:10:52,240 Speaker 2: I think Chief Justice Roberts has had a plan, he 195 00:10:52,280 --> 00:10:53,920 Speaker 2: had a mission. He wants to come to the court 196 00:10:54,000 --> 00:10:57,040 Speaker 2: and reduce Somember five four decisions is to reduce the temperature, 197 00:10:57,520 --> 00:11:00,720 Speaker 2: and he realized earlier on he couldn't do that himself, right. 198 00:11:00,760 --> 00:11:02,199 Speaker 2: The only way he could do this was by changing 199 00:11:02,200 --> 00:11:04,120 Speaker 2: out he votes to sort of make us alf look 200 00:11:04,160 --> 00:11:06,719 Speaker 2: less conservative. And that's become his usual philosophy, how to 201 00:11:08,200 --> 00:11:12,680 Speaker 2: rule against things he likes but still seem moderate. And 202 00:11:12,720 --> 00:11:15,040 Speaker 2: he always makes these decisions like the Obamacare case. He 203 00:11:15,040 --> 00:11:17,400 Speaker 2: havepheld the frutal Care Act as part of a taxing power. 204 00:11:17,440 --> 00:11:20,040 Speaker 2: You know, he rewrites statues all the time. He rules 205 00:11:20,040 --> 00:11:22,880 Speaker 2: against Trump on tax returns, rules against Trump bond doaka, 206 00:11:22,920 --> 00:11:24,640 Speaker 2: he rules against Trump and all these things, and he 207 00:11:24,720 --> 00:11:26,800 Speaker 2: rules for aun immunity. He sort of just keeps spling 208 00:11:26,880 --> 00:11:29,640 Speaker 2: the difference. And it's kind of this balance book. And 209 00:11:29,679 --> 00:11:31,240 Speaker 2: I think what you'll see here as well. I think 210 00:11:31,280 --> 00:11:33,000 Speaker 2: that Trump Shoff has powdered removed this guy. But I 211 00:11:33,040 --> 00:11:34,839 Speaker 2: don't want to be seeing as overly president for Trump, 212 00:11:34,840 --> 00:11:36,880 Speaker 2: So maybe I'll make up some new rule that also 213 00:11:36,920 --> 00:11:39,040 Speaker 2: deal with Later is always kicking the can down the road, 214 00:11:39,040 --> 00:11:41,480 Speaker 2: and eventually the cant so dented and banged up asn't 215 00:11:41,480 --> 00:11:42,480 Speaker 2: look like a can anymore. 216 00:11:43,320 --> 00:11:44,680 Speaker 3: I'm going to ask you to get a little more 217 00:11:44,720 --> 00:11:47,400 Speaker 3: touchy feely than you normally do. But do you think 218 00:11:47,480 --> 00:11:50,760 Speaker 3: that Roberts dislikes Trump? And do you think that drives 219 00:11:50,800 --> 00:11:52,520 Speaker 3: some of what he's done, because many people do. 220 00:11:52,960 --> 00:11:55,679 Speaker 2: I think Roberts resents the fact they to deal with Trump, right, 221 00:11:55,720 --> 00:11:57,960 Speaker 2: he would want like a Marco Rubio president or maybe 222 00:11:58,120 --> 00:11:59,800 Speaker 2: like you know Jeb Bush, that that would be more 223 00:11:59,800 --> 00:12:01,679 Speaker 2: of a cup of tea. Right. He had to preside 224 00:12:01,679 --> 00:12:03,640 Speaker 2: a Trump's peace print trial and he had to swear 225 00:12:03,679 --> 00:12:05,040 Speaker 2: the guy in. He didn't think he has to do that. 226 00:12:05,080 --> 00:12:06,520 Speaker 2: So I think he has no love for the guy. 227 00:12:07,040 --> 00:12:10,360 Speaker 2: But the problem is that the principles that Trump is articulating, 228 00:12:10,800 --> 00:12:13,520 Speaker 2: it's the same set that Reagan argued forty years ago. Right, 229 00:12:13,640 --> 00:12:16,080 Speaker 2: Roberts came of age with the Reagan White House, and 230 00:12:16,200 --> 00:12:19,640 Speaker 2: Trump is like the manifestation that you know, it's it's amazing. 231 00:12:19,679 --> 00:12:22,960 Speaker 2: Trump is what Reagan dreamed about. And Trump, he rob Wade, Right, 232 00:12:23,040 --> 00:12:26,079 Speaker 2: Reagan wants to do that. He's fighting for the executive. 233 00:12:26,120 --> 00:12:27,960 Speaker 2: Reagan wanted to do that just to have the court 234 00:12:28,000 --> 00:12:30,760 Speaker 2: for it. So in the abstract, in the in the 235 00:12:30,960 --> 00:12:34,040 Speaker 2: in the outside world, Roberts be saying, yes, go Trump, 236 00:12:34,360 --> 00:12:36,679 Speaker 2: But you know Trump is to crass and he insults 237 00:12:36,760 --> 00:12:39,600 Speaker 2: judges and these other things, and you know it's it's 238 00:12:39,400 --> 00:12:42,080 Speaker 2: it's just it's it can't be you know, it can't 239 00:12:42,160 --> 00:12:44,040 Speaker 2: can't be dealt with. We have this kind of person 240 00:12:44,040 --> 00:12:44,439 Speaker 2: in office. 241 00:12:44,559 --> 00:12:48,520 Speaker 3: Well, further to your point, Reagan went Trump one point 242 00:12:48,600 --> 00:12:51,480 Speaker 3: zero on the air traffic controllers, and I think that 243 00:12:51,640 --> 00:12:55,000 Speaker 3: ended up being something that he regretted, because I don't 244 00:12:55,000 --> 00:12:57,480 Speaker 3: I don't think he ended up stronger out of it. 245 00:12:57,600 --> 00:13:01,360 Speaker 3: Reagan wanted a deal on the border, the Amnesty Act, 246 00:13:01,360 --> 00:13:04,520 Speaker 3: which ended up making things a lot worse, whereas Trump 247 00:13:04,600 --> 00:13:06,880 Speaker 3: is actually doing something about it. I mean, I'm hearing 248 00:13:06,880 --> 00:13:09,880 Speaker 3: from border patrol that that you know, they're sitting around 249 00:13:09,960 --> 00:13:12,840 Speaker 3: going this is like a ghost town, thank goodness. So 250 00:13:13,120 --> 00:13:15,640 Speaker 3: I do think there is something to that. I want 251 00:13:15,679 --> 00:13:17,040 Speaker 3: to ask you a question before we move to the 252 00:13:17,040 --> 00:13:22,520 Speaker 3: next justice, the question as to whether Donald Trump must 253 00:13:22,559 --> 00:13:26,720 Speaker 3: always follow court orders. What is your thought on that. 254 00:13:29,120 --> 00:13:32,000 Speaker 2: I always tell my students never say always, and never 255 00:13:32,040 --> 00:13:35,080 Speaker 2: say never, because there's always gonna be exceptions. And I'll 256 00:13:35,160 --> 00:13:37,360 Speaker 2: just give you an example. Right, Trump fired the Chairman 257 00:13:37,400 --> 00:13:39,440 Speaker 2: of the Joint Chief of Staffs a week ago. Right, 258 00:13:40,200 --> 00:13:41,960 Speaker 2: Let's say some judge says no mi as a president, 259 00:13:41,960 --> 00:13:44,240 Speaker 2: you must keep this chairman in office. And he's a 260 00:13:44,240 --> 00:13:45,960 Speaker 2: guy who sent up in nuclear codes, and you know 261 00:13:46,000 --> 00:13:48,679 Speaker 2: you can't fire nuke without this guy in office. If 262 00:13:48,679 --> 00:13:51,839 Speaker 2: a judge actually ordered the president to reinstate the chairman 263 00:13:51,840 --> 00:13:54,599 Speaker 2: of the Joint Chief of Staffs and the president is 264 00:13:54,640 --> 00:13:59,560 Speaker 2: an article to power, a constitutional power to run the military. 265 00:13:59,840 --> 00:14:02,040 Speaker 2: You know, Trump can appeel the order, but I don't 266 00:14:02,040 --> 00:14:03,680 Speaker 2: think Guess will fly it right away. He say, you 267 00:14:03,679 --> 00:14:06,160 Speaker 2: know what, let's that Supreme Court. They think, judge, you're nice, 268 00:14:06,200 --> 00:14:08,280 Speaker 2: but I'm gonna I'm gonna keep my my own people 269 00:14:08,280 --> 00:14:10,679 Speaker 2: in office. I think there are a lot of examples 270 00:14:10,679 --> 00:14:13,719 Speaker 2: that can think of where the president may not have 271 00:14:13,760 --> 00:14:14,760 Speaker 2: to follow an order right away. 272 00:14:16,160 --> 00:14:17,640 Speaker 3: I think that was true of Biden, wasn't it. 273 00:14:19,320 --> 00:14:22,480 Speaker 2: Oh my goodness? The Supreme Court basically ruled that the 274 00:14:22,520 --> 00:14:24,360 Speaker 2: eviction work. Remember this thing, the COVID thing that you 275 00:14:24,400 --> 00:14:26,920 Speaker 2: couldn't evict people during the COVID. Remember this, The Supreme 276 00:14:26,920 --> 00:14:28,960 Speaker 2: Court said, you can't do this, but the program is 277 00:14:28,960 --> 00:14:30,400 Speaker 2: almost over, so we're not going to tell you not 278 00:14:30,440 --> 00:14:32,200 Speaker 2: to do it, right We'll just let this program wind down. 279 00:14:32,280 --> 00:14:34,840 Speaker 2: Then Biden renewed it. The streetwort said is illegal. He 280 00:14:34,840 --> 00:14:37,440 Speaker 2: did it anyway, right, So again, this stuff happens all 281 00:14:37,480 --> 00:14:40,320 Speaker 2: the time. I think Trump gets in trouble for saying 282 00:14:40,320 --> 00:14:42,360 Speaker 2: out loud other people I should do quietly. Biden did 283 00:14:42,440 --> 00:14:44,320 Speaker 2: sort of quietly on the on the DL and Trump 284 00:14:44,360 --> 00:14:46,440 Speaker 2: says I'm going to do this. I think Van susays 285 00:14:46,440 --> 00:14:48,400 Speaker 2: I'm gonna do this, and they get in trouble for it. 286 00:14:48,440 --> 00:14:50,920 Speaker 2: I think there's there's just a flagrant double standard. But look, 287 00:14:50,960 --> 00:14:54,400 Speaker 2: you you want to talk about I nor in court orders. 288 00:14:54,680 --> 00:14:57,480 Speaker 2: Courts shouldn't issue insane orders that can't be followed. And 289 00:14:57,600 --> 00:15:00,200 Speaker 2: the court issues in order that's flagrantly and constitutional, Well, 290 00:15:00,680 --> 00:15:02,880 Speaker 2: then I don't know the president has duty to follow it. 291 00:15:02,680 --> 00:15:05,000 Speaker 2: It's awful to say, but that depends on the court's 292 00:15:05,040 --> 00:15:05,600 Speaker 2: doing their job. 293 00:15:05,640 --> 00:15:11,000 Speaker 3: Also, right, more coming up with Professor Josh Blackman, I 294 00:15:11,080 --> 00:15:13,720 Speaker 3: want to go through You don't have to be a 295 00:15:14,040 --> 00:15:18,040 Speaker 3: jurisprudential expert to understand the way he breaks things down. 296 00:15:18,120 --> 00:15:20,040 Speaker 3: But let's talk about the Supreme Court. We've got a 297 00:15:20,040 --> 00:15:25,000 Speaker 3: president with four years ahead of him, God Willing, who's 298 00:15:25,000 --> 00:15:28,040 Speaker 3: in his last term. Do we start looking at later 299 00:15:28,080 --> 00:15:30,520 Speaker 3: in his term some of the guys, while we have 300 00:15:30,600 --> 00:15:33,720 Speaker 3: a majority do we even wait till his next term 301 00:15:33,800 --> 00:15:35,880 Speaker 3: in case the Democrats take control of the Senate. Do 302 00:15:36,000 --> 00:15:38,320 Speaker 3: we use these two years to replace some of our 303 00:15:38,360 --> 00:15:41,400 Speaker 3: older judges? Is that the play? This is where the 304 00:15:41,480 --> 00:15:45,040 Speaker 3: strategy comes in for the long term composition of the 305 00:15:45,080 --> 00:15:46,640 Speaker 3: Supreme Court. We'll talk about that coming out. 306 00:15:47,160 --> 00:15:49,239 Speaker 2: Listen to the Michael Berry Show podcast. 307 00:15:49,680 --> 00:15:53,120 Speaker 3: If you dare kid cassible for President Trump to get 308 00:15:53,120 --> 00:15:56,640 Speaker 3: a Supreme Court nominee through. So while he does have 309 00:15:57,280 --> 00:15:59,760 Speaker 3: a fifty three forty seven majority we saw this with, 310 00:16:00,680 --> 00:16:03,520 Speaker 3: he hasn't failed to get a single nominee through. That's 311 00:16:03,560 --> 00:16:06,600 Speaker 3: why the Matt Gates nomination was pulled back because that 312 00:16:06,640 --> 00:16:09,200 Speaker 3: one probably wasn't going to make it. But we've got 313 00:16:09,240 --> 00:16:11,640 Speaker 3: Cash Fattel through, we got these others. So does it 314 00:16:11,680 --> 00:16:14,760 Speaker 3: make sense because we could eventually have a Democrat majority 315 00:16:14,840 --> 00:16:17,200 Speaker 3: in the last two years of President Trump's term, does 316 00:16:17,200 --> 00:16:19,760 Speaker 3: it make sense at this point to say, hey, let's 317 00:16:19,760 --> 00:16:22,120 Speaker 3: look at some of our older guys that we really 318 00:16:22,200 --> 00:16:24,640 Speaker 3: like and let's replace them. I give you a great example, 319 00:16:24,960 --> 00:16:28,960 Speaker 3: Ruth Bader Ginsburg. She held on when they asked her 320 00:16:28,960 --> 00:16:31,920 Speaker 3: to step down, and she held on, and then we 321 00:16:32,000 --> 00:16:34,120 Speaker 3: end up getting Amy Cony Barrett, we'll turn out in 322 00:16:34,120 --> 00:16:37,200 Speaker 3: a whole lot better. But so you look at Thurgood Marshall, 323 00:16:38,120 --> 00:16:40,880 Speaker 3: a seat considered a black seat, But when that seat 324 00:16:40,960 --> 00:16:43,920 Speaker 3: was replaced, it was with the very conservative and my 325 00:16:43,920 --> 00:16:47,320 Speaker 3: favorite living Justice Clarence Thomas, and we moved next to him. 326 00:16:47,760 --> 00:16:51,040 Speaker 3: He ascended to the seat at forty three years old. 327 00:16:51,400 --> 00:16:54,920 Speaker 3: George H. W. Bush's most consequential thing he did as 328 00:16:54,960 --> 00:16:59,320 Speaker 3: a president. Let me ask you, Professor Blackman, does it 329 00:16:59,360 --> 00:17:03,280 Speaker 3: make sense to start talking about Thomas stepping down next 330 00:17:03,360 --> 00:17:06,720 Speaker 3: year and us replacing him while we still have a 331 00:17:06,760 --> 00:17:09,280 Speaker 3: Republican majority? 332 00:17:09,440 --> 00:17:12,240 Speaker 2: Now you're you're absolutely right. I mean, it always makes 333 00:17:12,240 --> 00:17:15,320 Speaker 2: sense sort of talk about replacements. So we have the 334 00:17:15,400 --> 00:17:19,040 Speaker 2: oldest conservative justice or Justice Thomas, and Justice Alito, and 335 00:17:19,080 --> 00:17:22,919 Speaker 2: also Chief just Roberts a few years behind them. What 336 00:17:23,080 --> 00:17:25,000 Speaker 2: kills me, though, is that Justice Thomas is so much 337 00:17:25,040 --> 00:17:27,840 Speaker 2: better than they will. I know, we got a better replacement. 338 00:17:28,119 --> 00:17:30,160 Speaker 2: I know, we get someone in their fifties. It's exactly 339 00:17:30,240 --> 00:17:32,600 Speaker 2: half as good. So you know, he writes all these 340 00:17:32,640 --> 00:17:35,120 Speaker 2: descents by himself, these solo descent, saying, look, you guys 341 00:17:35,160 --> 00:17:37,600 Speaker 2: are all wrong, these eight to one decisions. Thomas says, 342 00:17:37,600 --> 00:17:39,679 Speaker 2: you guys are wrong, and let's consider this in some 343 00:17:39,760 --> 00:17:43,199 Speaker 2: future case and what happens. It happens. Thomas is like 344 00:17:43,240 --> 00:17:46,120 Speaker 2: the oracle. He wrote things thirty years ago. They're coming 345 00:17:46,119 --> 00:17:48,879 Speaker 2: to fruition now. So I wish he lives to be 346 00:17:48,880 --> 00:17:51,560 Speaker 2: one hundred and twenty years old. I don't know that 347 00:17:51,600 --> 00:17:54,000 Speaker 2: we get better than Justice Thomas. He's an American hero 348 00:17:53,760 --> 00:17:57,400 Speaker 2: and those influential Americans ever, Yeah, just of his influence. 349 00:17:57,520 --> 00:18:02,120 Speaker 3: I agree. It's you know, shame on me for even 350 00:18:02,160 --> 00:18:03,959 Speaker 3: bringing it up, but it's something we do have to discuss, 351 00:18:04,040 --> 00:18:07,879 Speaker 3: because God forbid the Democrats take the White House in 352 00:18:08,000 --> 00:18:11,919 Speaker 3: four years and he's eighty at that point, and something 353 00:18:11,960 --> 00:18:14,320 Speaker 3: happens to his health and the Democrats get that seat. 354 00:18:14,400 --> 00:18:17,920 Speaker 3: You know, it's these don't come along very often. Let's 355 00:18:17,960 --> 00:18:22,000 Speaker 3: move now to Samuel Alito, the aforementioned, who is seventy four, 356 00:18:22,520 --> 00:18:27,320 Speaker 3: who joined the Court as a George W. Bush appointee 357 00:18:27,320 --> 00:18:31,119 Speaker 3: at fifty five. If you were to say who was 358 00:18:31,200 --> 00:18:34,960 Speaker 3: most likely to leave, where does Aledo rank in that? 359 00:18:36,560 --> 00:18:39,560 Speaker 2: I think he's most likely to leave. There was some 360 00:18:39,840 --> 00:18:43,399 Speaker 2: rumors and scuttle Bud earlier this year, and then a 361 00:18:43,440 --> 00:18:45,680 Speaker 2: couple of medias to us had just reported friends of 362 00:18:45,720 --> 00:18:48,000 Speaker 2: Alito said he's not going to step down. I think 363 00:18:48,040 --> 00:18:51,240 Speaker 2: Alito's kind of annoyed that people want to step down. Look, 364 00:18:51,280 --> 00:18:53,800 Speaker 2: they don't want to be set being political, right, that 365 00:18:53,840 --> 00:18:55,760 Speaker 2: they're only stepping down because they're guys in office that 366 00:18:55,800 --> 00:18:58,760 Speaker 2: makes them very political. Then again, Joseph Bryer hid exactly 367 00:18:58,760 --> 00:19:01,000 Speaker 2: that he stepped down. I was an office. He waited 368 00:19:01,040 --> 00:19:05,160 Speaker 2: a year, then stepped down. Justice Stevens and Justice Suitor, 369 00:19:05,160 --> 00:19:07,680 Speaker 2: they both liberals. They stepped down tous Obama Gammets office. 370 00:19:07,680 --> 00:19:10,000 Speaker 2: They ran out of office quickly as they could. So 371 00:19:10,480 --> 00:19:13,399 Speaker 2: it's done. You know, if Justin Alito steps down, I 372 00:19:13,400 --> 00:19:16,359 Speaker 2: think he replaced very easily, even with perhaps an Alito clerk. 373 00:19:17,400 --> 00:19:19,240 Speaker 2: But there's a very very deep bench of people that 374 00:19:19,240 --> 00:19:20,640 Speaker 2: you can select to replace him. 375 00:19:20,720 --> 00:19:23,639 Speaker 3: But even Alito, and I think, I know, I know 376 00:19:23,720 --> 00:19:24,480 Speaker 3: you feel the same. 377 00:19:25,119 --> 00:19:27,760 Speaker 2: I love I love Justice Alito, and I think he's 378 00:19:28,760 --> 00:19:31,800 Speaker 2: he's a traditional he he here presents the classical conservative 379 00:19:31,880 --> 00:19:35,080 Speaker 2: view and he's like a conscience of conservatives. But you 380 00:19:35,119 --> 00:19:39,320 Speaker 2: know it's again when I put comparing like Scalia Elite 381 00:19:39,400 --> 00:19:42,119 Speaker 2: Scalia and Thomas and the Alito, they're just their different 382 00:19:42,119 --> 00:19:44,240 Speaker 2: stratusphere and it's not to diminished one of the others. 383 00:19:44,320 --> 00:19:46,440 Speaker 2: Just they're they're just they're there. You have to you 384 00:19:46,480 --> 00:19:48,639 Speaker 2: have to recognize where the impact is and well. 385 00:19:48,520 --> 00:19:52,480 Speaker 3: You know that, which brings us to our next I 386 00:19:52,520 --> 00:19:55,160 Speaker 3: met Sir Royce, and that is the man who had 387 00:19:55,160 --> 00:19:57,640 Speaker 3: the biggest shoes to replace, and that was antonin Scalia. 388 00:19:58,400 --> 00:20:03,000 Speaker 3: In in Neil gorse appointed took the court at forty nine. 389 00:20:03,760 --> 00:20:09,359 Speaker 3: He was and he was a Trump nominee and he 390 00:20:09,520 --> 00:20:11,480 Speaker 3: is only fifty seven, so we could expect him to 391 00:20:11,480 --> 00:20:15,159 Speaker 3: stay there for a while. Has Gorsich been better or 392 00:20:15,160 --> 00:20:16,680 Speaker 3: worse about what you expected? 393 00:20:18,600 --> 00:20:21,000 Speaker 2: I think Gorstach is the best of the three Trump appointees, 394 00:20:21,040 --> 00:20:23,440 Speaker 2: which is the same terribly much. But I think he's 395 00:20:23,480 --> 00:20:26,680 Speaker 2: the least worse of them. He is probably the most 396 00:20:26,680 --> 00:20:30,480 Speaker 2: conservative of the three. And also he doesn't give a 397 00:20:30,520 --> 00:20:32,600 Speaker 2: damn what anyone thinks about him, which I ide respect, 398 00:20:33,280 --> 00:20:35,440 Speaker 2: but on cer an issue he just got to hang 399 00:20:35,520 --> 00:20:37,960 Speaker 2: up right. So for example, on gay rights here at 400 00:20:37,960 --> 00:20:40,680 Speaker 2: the hey called the boss Sock Decision, which which said 401 00:20:40,720 --> 00:20:46,480 Speaker 2: that federal law must protect LGBT people even the lowest 402 00:20:46,480 --> 00:20:48,640 Speaker 2: pass the nineteen sixties where it was illegal to be 403 00:20:48,960 --> 00:20:51,920 Speaker 2: sexual relations with the same person. It was just this 404 00:20:52,200 --> 00:20:56,160 Speaker 2: holding that was just so flawed. But he believed that 405 00:20:56,920 --> 00:20:58,520 Speaker 2: the other issue of Gorsuch as a hang up as 406 00:20:58,560 --> 00:21:00,520 Speaker 2: Indian law. I mean, I don't know if he had 407 00:21:00,520 --> 00:21:03,720 Speaker 2: listeners in Oklahoma right now, but Indian in Oklahoma is 408 00:21:03,760 --> 00:21:07,520 Speaker 2: actually Indian territory now right. You know, Tulsa, these other cities, 409 00:21:07,640 --> 00:21:09,879 Speaker 2: they're based in your Indian sovereignty now. Because if Neil Gorsa, 410 00:21:09,960 --> 00:21:12,280 Speaker 2: she said, well, you know, we the US government's hade 411 00:21:12,280 --> 00:21:15,040 Speaker 2: a treaty with the Indians one hundred and fifty years ago, 412 00:21:15,080 --> 00:21:17,080 Speaker 2: and we're going to force that treaty. And you know, 413 00:21:17,119 --> 00:21:19,640 Speaker 2: if that's it, then Oklahoma's not a real state. It's 414 00:21:19,680 --> 00:21:23,239 Speaker 2: really actually Indian territory. I mean a radical ruling. I mean, 415 00:21:23,280 --> 00:21:26,000 Speaker 2: he had all these could all these criminals for Indians 416 00:21:26,000 --> 00:21:29,080 Speaker 2: who are convicted who actually retried because they weren't convicted 417 00:21:29,080 --> 00:21:31,399 Speaker 2: about Indian court or by a federal court, and all 418 00:21:31,440 --> 00:21:34,000 Speaker 2: these prisoners will let a prison and they can't be 419 00:21:34,040 --> 00:21:36,840 Speaker 2: retried because they were Indians who weren't trying it. I mean, 420 00:21:37,160 --> 00:21:39,199 Speaker 2: just if you talk to your listeners and Tulsa, they 421 00:21:39,240 --> 00:21:40,960 Speaker 2: know about this. It's a serious issue. 422 00:21:41,080 --> 00:21:44,560 Speaker 3: Ted Cruz was stomping his feet when this happened, and 423 00:21:44,600 --> 00:21:47,640 Speaker 3: nobody paid attention because I don't think people really understood 424 00:21:47,640 --> 00:21:49,960 Speaker 3: how big a deal it was. Let's go next to 425 00:21:49,960 --> 00:21:55,000 Speaker 3: Brett Kavanaugh, who replaced Justice Kennedy, and Kennedy is the 426 00:21:55,040 --> 00:21:58,280 Speaker 3: gam But I'm talking about Kennedy stepped down, Kennedy's sons 427 00:21:58,280 --> 00:22:01,280 Speaker 3: a friend of mine, and Kennedy's up down. And many 428 00:22:01,280 --> 00:22:04,840 Speaker 3: people believe it was on the premise that we needed 429 00:22:04,880 --> 00:22:07,520 Speaker 3: to get this appointment in in case the Democrats held 430 00:22:07,520 --> 00:22:11,679 Speaker 3: the next term. How has Kavanaugh been based on your expectation? 431 00:22:13,680 --> 00:22:16,360 Speaker 2: So I think, just as kavan again, he would out 432 00:22:16,359 --> 00:22:18,719 Speaker 2: of my first choice, my second choice, or my tenth choice. 433 00:22:19,080 --> 00:22:21,400 Speaker 2: But I think he was needed to get Kennedy to retire. 434 00:22:22,680 --> 00:22:25,480 Speaker 2: And I think when you look at that, it was 435 00:22:25,480 --> 00:22:28,800 Speaker 2: a necessary act to do because had Trump not replaced 436 00:22:28,800 --> 00:22:31,480 Speaker 2: with Kennedy, then you know, in hindsight, Trump didem in 437 00:22:31,480 --> 00:22:34,000 Speaker 2: re election. That's he have gone to the Dems. And 438 00:22:34,000 --> 00:22:35,639 Speaker 2: if Ginsberg hat held on to a few months, that's 439 00:22:35,680 --> 00:22:37,480 Speaker 2: he gone to the Dems and he lose the court. 440 00:22:37,600 --> 00:22:40,560 Speaker 2: So I give it there. Kavanaugh. I think it's a 441 00:22:40,560 --> 00:22:44,280 Speaker 2: profoundly conservative man. I think his sort of hang up 442 00:22:44,440 --> 00:22:47,000 Speaker 2: is is he does worry about how the Court's perceived, 443 00:22:47,119 --> 00:22:49,000 Speaker 2: and he's worried about how things were viewed. He often 444 00:22:49,040 --> 00:22:51,679 Speaker 2: writes these separate occurrences where he source says, well, we 445 00:22:51,680 --> 00:22:53,520 Speaker 2: want to make sure both sides feel loved, and I'm 446 00:22:53,520 --> 00:22:55,640 Speaker 2: not trying to hurt anyone, and everyone's just. 447 00:22:55,760 --> 00:22:58,000 Speaker 3: He's a bushy. I mean, he's a bushy, and he's 448 00:22:58,119 --> 00:23:01,399 Speaker 3: he's really then administrative staff instead of a deep thinker. 449 00:23:03,720 --> 00:23:06,439 Speaker 2: I think he's actually quite I think he's quite smart, 450 00:23:06,760 --> 00:23:08,239 Speaker 2: but I think he's sort of held back by his 451 00:23:08,240 --> 00:23:10,960 Speaker 2: bushes and you know, the compassionate conservative, remember that that 452 00:23:10,960 --> 00:23:14,120 Speaker 2: that that mantra. He believes that, and he actually thinks 453 00:23:14,160 --> 00:23:17,199 Speaker 2: way that George would be Bush thinks, and which is 454 00:23:17,200 --> 00:23:19,040 Speaker 2: why I think he's probably not a lover of Trump. 455 00:23:19,119 --> 00:23:21,199 Speaker 2: I mean, if you if you watch the Press confidence 456 00:23:21,200 --> 00:23:23,440 Speaker 2: where Kavanaugh and Trump comes out, Cavana is trying to 457 00:23:23,480 --> 00:23:25,119 Speaker 2: be really friendly to Trump. But you know, you know 458 00:23:25,200 --> 00:23:27,520 Speaker 2: he wants Jeb. He doesn't want Sorge, of course Trump. 459 00:23:27,600 --> 00:23:30,320 Speaker 3: He wants Jeb because he wants a Jeb or a 460 00:23:30,359 --> 00:23:33,399 Speaker 3: Mitt Romney because they're proper and he he likes things 461 00:23:33,400 --> 00:23:34,120 Speaker 3: to be proper. 462 00:23:35,880 --> 00:23:39,000 Speaker 2: Yeah, but Kavana again has had some very good opinions. 463 00:23:39,000 --> 00:23:41,720 Speaker 2: He I think he's Kavana rules the right way in 464 00:23:41,720 --> 00:23:43,879 Speaker 2: most cases. Then he writes that thing loots. It's a 465 00:23:43,960 --> 00:23:47,120 Speaker 2: very weird thing. He rarely cast a vote. I can criticize, 466 00:23:47,480 --> 00:23:49,199 Speaker 2: but when he writes something, it's always a sort of 467 00:23:49,800 --> 00:23:53,239 Speaker 2: Mishi mosh, watering things down. I won't go as far 468 00:23:53,280 --> 00:23:55,360 Speaker 2: as Justice Thomas will go. I'll go halfway. And that's 469 00:23:55,359 --> 00:23:55,879 Speaker 2: where he got it. 470 00:23:56,520 --> 00:24:00,919 Speaker 3: He Professor Josh Blackman's can you hang with me for 471 00:24:00,960 --> 00:24:05,080 Speaker 3: just a few more minutes? First jobs would use that 472 00:24:05,160 --> 00:24:06,720 Speaker 3: tone to me, not a joke. 473 00:24:06,920 --> 00:24:10,920 Speaker 7: That's sarcastic, contemptuous tone that means you know everything because 474 00:24:10,960 --> 00:24:13,600 Speaker 7: you're a man, and I know nothing because I'm a woman. 475 00:24:14,000 --> 00:24:16,879 Speaker 3: That is not a joke. That is a natural fact 476 00:24:17,000 --> 00:24:18,240 Speaker 3: that Michael Joe. 477 00:24:22,119 --> 00:24:24,800 Speaker 11: Professor Josh Blackman of the South Texas College of Law 478 00:24:24,840 --> 00:24:31,280 Speaker 11: and Esteemed Law School located in Houston, renowned under the 479 00:24:31,840 --> 00:24:33,480 Speaker 11: former tutelage. 480 00:24:34,480 --> 00:24:36,840 Speaker 3: Of the Dean of the Law school, who was a 481 00:24:36,840 --> 00:24:39,320 Speaker 3: dear friend of mine named Gerald Trece. Gerald Trees was 482 00:24:39,359 --> 00:24:43,400 Speaker 3: a legend in Texas law and in Texas law education. 483 00:24:44,480 --> 00:24:47,080 Speaker 3: Interestingly enough, I went to the Universe I went to 484 00:24:47,240 --> 00:24:49,840 Speaker 3: University of Texas School of Law, the greatest law school 485 00:24:49,840 --> 00:24:52,159 Speaker 3: in the country. My wife went to the University of 486 00:24:52,240 --> 00:24:55,760 Speaker 3: Houston School of Law, and those are fantastic law schools. 487 00:24:56,000 --> 00:24:59,359 Speaker 3: But I will tell you that for anyone who wants 488 00:24:59,400 --> 00:25:02,920 Speaker 3: to be a room litigator, South Texas College of Law 489 00:25:03,040 --> 00:25:06,120 Speaker 3: is as good as any in the country. They often 490 00:25:06,160 --> 00:25:12,320 Speaker 3: win the national championship, and they they birth and throw 491 00:25:12,359 --> 00:25:15,239 Speaker 3: out into the legal world folks who file lawsuits or 492 00:25:15,280 --> 00:25:17,800 Speaker 3: defend lawsuits, and they're darn good at It's very, very 493 00:25:17,800 --> 00:25:19,760 Speaker 3: well respected law school. And if you don't know them, 494 00:25:20,400 --> 00:25:22,520 Speaker 3: just take my word for it on this. And that 495 00:25:22,640 --> 00:25:24,680 Speaker 3: is the South Texas College of Law, where Professor Josh 496 00:25:24,760 --> 00:25:30,240 Speaker 3: Blackman is on faculty and beloved. Let's move next to 497 00:25:30,280 --> 00:25:35,119 Speaker 3: the most disappointing for me. Republicans are appoint, nominated, and 498 00:25:35,200 --> 00:25:40,760 Speaker 3: confirmed member, and that is Ruth Bader Ginsburg's replacement, who 499 00:25:40,840 --> 00:25:43,680 Speaker 3: President Trump put on the Court in a fifty two 500 00:25:43,680 --> 00:25:45,640 Speaker 3: to forty eight ruling. She was forty eight years old 501 00:25:45,640 --> 00:25:49,600 Speaker 3: at the time. She's now fifty three. Originally from New Orleans, Louisiana. 502 00:25:49,640 --> 00:25:55,680 Speaker 3: Amy Coney Barrett, your thoughts on her again, I think 503 00:25:55,840 --> 00:25:56,520 Speaker 3: you have to see. 504 00:25:56,440 --> 00:25:59,439 Speaker 2: Justice Barrett as an emergency pick in a way, right, 505 00:26:00,080 --> 00:26:04,240 Speaker 2: Kinsdrick died in September of twenty twenty, like two months 506 00:26:04,240 --> 00:26:07,520 Speaker 2: for the election. Trump had to pick someone those are 507 00:26:07,520 --> 00:26:09,840 Speaker 2: even vetted that he knew, and it was a woman. 508 00:26:10,200 --> 00:26:11,639 Speaker 2: There was just no way. There was no way to 509 00:26:11,680 --> 00:26:13,280 Speaker 2: avoid that. He had to pick a woman who had 510 00:26:13,280 --> 00:26:15,480 Speaker 2: been vetted, and he had picked there for the Quarter 511 00:26:15,520 --> 00:26:17,159 Speaker 2: Appeals only a couple of years early. She's been a 512 00:26:17,240 --> 00:26:18,760 Speaker 2: judge forbe a year and a half, two years, not 513 00:26:18,880 --> 00:26:22,119 Speaker 2: very long. So the second Kinsdrick died, this was a 514 00:26:22,160 --> 00:26:24,240 Speaker 2: done deal, right, no one else had it was hers. 515 00:26:24,920 --> 00:26:26,679 Speaker 2: The problem though, is that Barrett was sort of put 516 00:26:26,720 --> 00:26:29,159 Speaker 2: in the shortlist way too early. They put her on 517 00:26:29,160 --> 00:26:31,280 Speaker 2: the shortlist of the Supreme Court before she even cided 518 00:26:31,320 --> 00:26:33,320 Speaker 2: a single case as the lower Court judge. The fix 519 00:26:33,400 --> 00:26:35,280 Speaker 2: was in. They knew it was her. I think the 520 00:26:35,280 --> 00:26:37,880 Speaker 2: reason why is you look her. She's just very charismatic, 521 00:26:38,640 --> 00:26:43,919 Speaker 2: you know, friendly, devoutly Catholic woman with many kids. She 522 00:26:43,960 --> 00:26:47,960 Speaker 2: adopted these Haitian children, who you know, she's raised as 523 00:26:47,960 --> 00:26:51,000 Speaker 2: her own, and she's as a mom. I love her 524 00:26:51,359 --> 00:26:52,879 Speaker 2: like I wish I could be a parent like her. 525 00:26:53,040 --> 00:26:56,000 Speaker 2: I mean that sincerely. She her parenting tip I think 526 00:26:56,000 --> 00:27:00,840 Speaker 2: actually extremely useful. But as a judge, the track record, 527 00:27:01,280 --> 00:27:03,000 Speaker 2: and before she was a judge, I was a law professor, 528 00:27:03,040 --> 00:27:05,280 Speaker 2: and frankly she didn't write very much. She didn't write 529 00:27:05,320 --> 00:27:08,000 Speaker 2: things on controversial topics. She just wrote sort of you know, 530 00:27:08,280 --> 00:27:10,520 Speaker 2: mundane stuff, how to reach statues and how to run 531 00:27:10,520 --> 00:27:14,000 Speaker 2: fiddle courts, nothing particularly difficult. But I think people said, oh, 532 00:27:14,040 --> 00:27:15,679 Speaker 2: of course this is me, the next Scalia. We got 533 00:27:15,720 --> 00:27:17,240 Speaker 2: to pasisically, but the next game. 534 00:27:17,280 --> 00:27:19,560 Speaker 3: And she's pro liant and I just like Mike pins 535 00:27:19,600 --> 00:27:22,160 Speaker 3: if you're sufficiently pro life, you must think the way 536 00:27:22,200 --> 00:27:24,720 Speaker 3: I do. But she doesn't. And this is where the 537 00:27:24,720 --> 00:27:27,359 Speaker 3: pro life folks get get in trouble. I'm pro life, 538 00:27:27,600 --> 00:27:30,160 Speaker 3: but there are other issues. I don't want Mike Pince 539 00:27:30,200 --> 00:27:32,719 Speaker 3: to be president just because he's the most you know, 540 00:27:32,840 --> 00:27:36,679 Speaker 3: openly pro life, pro life constantly. There are other issues 541 00:27:36,720 --> 00:27:38,480 Speaker 3: where we have to win anyway, go ahead. 542 00:27:38,520 --> 00:27:41,199 Speaker 2: That's a bit of a ramp. No, that's right. And 543 00:27:41,200 --> 00:27:43,840 Speaker 2: in fact she never said a word. She never said 544 00:27:43,880 --> 00:27:46,360 Speaker 2: a word about Roevie Wade, not not a peep. In fact, 545 00:27:46,400 --> 00:27:48,520 Speaker 2: at a church she wants sign a petition thinking Rovi 546 00:27:48,560 --> 00:27:51,080 Speaker 2: Wai overruled. And what happens is, oh, I just find 547 00:27:51,119 --> 00:27:52,840 Speaker 2: of said it was signing. She backed away from it. 548 00:27:52,880 --> 00:27:58,639 Speaker 2: She she's avoided controversy her entire life. She just hasn't 549 00:27:58,720 --> 00:28:01,040 Speaker 2: leaned into controversy. So she gets to the court, she 550 00:28:01,040 --> 00:28:02,840 Speaker 2: again leeds away from controversy. 551 00:28:03,560 --> 00:28:05,800 Speaker 3: Yeah, and the problem with that is you're put in 552 00:28:05,840 --> 00:28:08,040 Speaker 3: a position where you have to take a stand if 553 00:28:08,080 --> 00:28:09,520 Speaker 3: a police if you and I get in a fight 554 00:28:09,600 --> 00:28:12,600 Speaker 3: and I've got a knife and you don't, and you go, hey, officer, 555 00:28:12,600 --> 00:28:13,359 Speaker 3: can you help me out here? 556 00:28:13,480 --> 00:28:13,640 Speaker 5: Now? 557 00:28:13,680 --> 00:28:15,520 Speaker 3: No, I don't have to get in between things. Well, 558 00:28:15,520 --> 00:28:18,040 Speaker 3: that's the problem because that's kind of your job. That's 559 00:28:18,160 --> 00:28:21,200 Speaker 3: kind of your job. Fella. All right, let's go, let's 560 00:28:21,240 --> 00:28:26,480 Speaker 3: go to our Democrat nominated judges and we'll go in 561 00:28:26,600 --> 00:28:29,879 Speaker 3: reverse order. And that is the only one that Biden 562 00:28:29,960 --> 00:28:33,320 Speaker 3: put on the court, and she took Justice Brier's position, 563 00:28:33,400 --> 00:28:36,960 Speaker 3: and that was Katanji Brown Jackson fifty two at that time. 564 00:28:37,000 --> 00:28:39,600 Speaker 3: She's now fifty four, and in a fifty three to 565 00:28:39,720 --> 00:28:43,360 Speaker 3: forty seven vote, she was confirmed. Your thoughts on her 566 00:28:43,640 --> 00:28:45,040 Speaker 3: in her short tenure. 567 00:28:47,080 --> 00:28:49,120 Speaker 2: You know, I think she's been a pretty predictable or 568 00:28:49,200 --> 00:28:52,840 Speaker 2: liberal liberal. I think her most notorious fast as she 569 00:28:52,920 --> 00:28:55,040 Speaker 2: talks a lot. They do these sort of graphs of 570 00:28:55,040 --> 00:28:57,600 Speaker 2: what percentage of the time he's Justice talks and Jackson 571 00:28:57,760 --> 00:29:00,000 Speaker 2: just blows everyone else. But she talks more than anyone else, 572 00:29:00,280 --> 00:29:05,600 Speaker 2: just lots of words are uttered. She definitely has an agenda. 573 00:29:05,680 --> 00:29:08,480 Speaker 2: She's trying to push her in issues about the government 574 00:29:08,520 --> 00:29:11,000 Speaker 2: and how the governments acting is fairly. She hasn't had 575 00:29:11,120 --> 00:29:13,600 Speaker 2: much an influence yet. She hasn't read any big opinions, 576 00:29:13,600 --> 00:29:15,120 Speaker 2: but she probably won't ever for a career because she 577 00:29:15,160 --> 00:29:17,640 Speaker 2: always be in dissent. So I think she's just content 578 00:29:17,720 --> 00:29:19,640 Speaker 2: to her just make her points and right which ones 579 00:29:19,680 --> 00:29:21,360 Speaker 2: are right, but not much of a not much of 580 00:29:21,360 --> 00:29:22,160 Speaker 2: an impact on the world. 581 00:29:22,280 --> 00:29:23,840 Speaker 3: I have two more I want to get to and 582 00:29:23,880 --> 00:29:28,040 Speaker 3: they are the only two Obama nominees. And first is 583 00:29:28,080 --> 00:29:33,240 Speaker 3: Alana Kagan, who replaced Justice Stevens. She was fifty at 584 00:29:33,240 --> 00:29:36,960 Speaker 3: the time, he is now sixty four. Your thoughts on 585 00:29:37,000 --> 00:29:37,800 Speaker 3: Alna Kagan? 586 00:29:39,960 --> 00:29:45,120 Speaker 2: Kagan is smart, She's wicked smart. She was the dean 587 00:29:45,200 --> 00:29:47,360 Speaker 2: at the Harvard Law School, and as being at the 588 00:29:47,360 --> 00:29:49,120 Speaker 2: Harvard Law School, she knows how to deal with people 589 00:29:49,120 --> 00:29:51,320 Speaker 2: and deal people with ego. She can negotiate you can 590 00:29:51,360 --> 00:29:54,680 Speaker 2: massage ego. She can persuade people very easily. In fact, 591 00:29:55,200 --> 00:29:57,200 Speaker 2: when President about put her on the Court, it was 592 00:29:57,240 --> 00:29:59,800 Speaker 2: to put someone to persuade Justin Kennedy, and I think 593 00:30:00,080 --> 00:30:01,520 Speaker 2: going to sort of figure out her roles to just 594 00:30:01,560 --> 00:30:04,479 Speaker 2: sort of persuade John Roberts and persuade Ammy Barrett to 595 00:30:04,560 --> 00:30:06,560 Speaker 2: just do things that are liberal. Think the court seem 596 00:30:06,560 --> 00:30:08,560 Speaker 2: better that that's her best, her only mission. She can't 597 00:30:08,720 --> 00:30:11,040 Speaker 2: cast two votes, but she can persuade others to cast 598 00:30:11,080 --> 00:30:13,000 Speaker 2: a vote with her. I think she's done that very 599 00:30:13,040 --> 00:30:16,080 Speaker 2: effective over the years. But she's wicked smart. 600 00:30:16,640 --> 00:30:19,640 Speaker 3: Interesting for you to say that that means she must be. 601 00:30:20,120 --> 00:30:25,720 Speaker 3: How about the wise Latina Sonya Sotomayor, who replaced Justice suitor, 602 00:30:26,160 --> 00:30:28,880 Speaker 3: who was fifty five at the time. She's now seventy. 603 00:30:29,240 --> 00:30:32,040 Speaker 3: She was the first of Barack Obama's two nominees. 604 00:30:34,120 --> 00:30:36,720 Speaker 2: I think just smily Or brings different perspectives. She was 605 00:30:36,760 --> 00:30:39,080 Speaker 2: a criminal defense attorney, she was a trial judge, she 606 00:30:39,120 --> 00:30:41,280 Speaker 2: was a criminal prosecutor. She was a trial judge, so 607 00:30:41,320 --> 00:30:44,680 Speaker 2: she's a definite sense of how trials should operate, how 608 00:30:44,760 --> 00:30:47,560 Speaker 2: law should operate. I think her biggest impact has not 609 00:30:47,600 --> 00:30:49,440 Speaker 2: been on the course been off the court, She's had 610 00:30:49,480 --> 00:30:52,360 Speaker 2: lots of books. She writes, these children's stories, she tells 611 00:30:52,440 --> 00:30:55,280 Speaker 2: her to biography. She inspires a lot of people, but 612 00:30:55,320 --> 00:30:57,680 Speaker 2: her juris potential impact has been pretty slight. I'd have 613 00:30:57,720 --> 00:30:59,840 Speaker 2: to think hard to think of five opinions she wrote 614 00:30:59,840 --> 00:31:03,480 Speaker 2: that actually that matter. Just there's not much. But I 615 00:31:03,560 --> 00:31:06,040 Speaker 2: think she's been a very inspirational pick for a lot 616 00:31:06,040 --> 00:31:09,160 Speaker 2: of people. But that's mostly stuff she's done off the court. 617 00:31:09,320 --> 00:31:11,000 Speaker 3: On the court, all right, I got about a minute 618 00:31:11,040 --> 00:31:12,720 Speaker 3: and a half. Why don't you just rattle off the 619 00:31:12,720 --> 00:31:15,880 Speaker 3: big issues that are hovering out there that we could 620 00:31:15,880 --> 00:31:18,520 Speaker 3: expect the Supreme Court to rule on that will matter 621 00:31:18,600 --> 00:31:19,040 Speaker 3: to us. 622 00:31:19,520 --> 00:31:22,479 Speaker 2: Right, The biggest issue right now is how they handled 623 00:31:22,480 --> 00:31:25,840 Speaker 2: Trump as a whole. Right during the Rosalt presidency of 624 00:31:25,880 --> 00:31:28,680 Speaker 2: the Supreme Court initially pushed back against the results they 625 00:31:28,760 --> 00:31:30,600 Speaker 2: ruled against him, but then after some a while the said, okay, 626 00:31:30,640 --> 00:31:32,480 Speaker 2: never mind, we're going to go along with the program. 627 00:31:32,800 --> 00:31:35,000 Speaker 2: I think you're the first Trump administration. They ruled against 628 00:31:35,040 --> 00:31:38,760 Speaker 2: him pretty consistently for conservative court. The question today eventually 629 00:31:38,760 --> 00:31:41,200 Speaker 2: flipped do they keep pushing against Trump? And they realized, okay, 630 00:31:41,680 --> 00:31:43,680 Speaker 2: you know, he had some points he's making arguments that 631 00:31:43,680 --> 00:31:46,360 Speaker 2: we've made before, and I think we served get along 632 00:31:46,360 --> 00:31:48,280 Speaker 2: with the program. So I think a lot we'd decide 633 00:31:48,320 --> 00:31:49,680 Speaker 2: the next a year or two about how they deal 634 00:31:49,720 --> 00:31:51,760 Speaker 2: with Trump, and if it's not Trump, but we maybe 635 00:31:51,840 --> 00:31:54,160 Speaker 2: jade vance for four or eight more years, and eventually 636 00:31:55,160 --> 00:31:56,440 Speaker 2: the Court will have to sort of see that the 637 00:31:56,520 --> 00:31:59,040 Speaker 2: nation's shifting and these sort of settlements we had after 638 00:31:59,040 --> 00:32:01,880 Speaker 2: World War Two and the sixties and seventies, those settlements 639 00:32:01,920 --> 00:32:02,880 Speaker 2: are not holding anymore. 640 00:32:03,440 --> 00:32:07,120 Speaker 3: Professor Josh Blackman, as always a pleasure to have you 641 00:32:07,160 --> 00:32:09,760 Speaker 3: on and share your thoughts on Supreme Court and other 642 00:32:09,840 --> 00:32:14,160 Speaker 3: Court rulings. Always a pleasure, Thank you so much. And 643 00:32:14,240 --> 00:32:19,160 Speaker 3: with that we wrap for the day, and well at 644 00:32:19,240 --> 00:32:22,200 Speaker 3: least for this show. At least for this show. And 645 00:32:22,280 --> 00:32:24,800 Speaker 3: a reminder, if you ever miss any part of the show, 646 00:32:25,160 --> 00:32:27,920 Speaker 3: you can always hear it in full on the podcast. 647 00:32:28,440 --> 00:32:31,600 Speaker 3: We send out a link to some of our bits 648 00:32:31,640 --> 00:32:34,880 Speaker 3: every morning in between the Morning Show and this show, 649 00:32:35,880 --> 00:32:38,080 Speaker 3: which you can find easily. You can sign up for 650 00:32:38,080 --> 00:32:41,640 Speaker 3: that at Michael Berryshow dot com. You can also email 651 00:32:41,680 --> 00:32:44,520 Speaker 3: me directly through there, and yes I do read every email. 652 00:32:44,560 --> 00:32:47,040 Speaker 3: I just can't respond to every email. That would be crazy, 653 00:32:47,320 --> 00:32:49,760 Speaker 3: or you can follow us on Facebook. I post. I'm 654 00:32:49,800 --> 00:32:52,080 Speaker 3: the only one who posts on our Facebook page, the 655 00:32:52,120 --> 00:32:54,440 Speaker 3: only one who posts on our Twitter page. And I'm 656 00:32:54,440 --> 00:32:56,240 Speaker 3: trying to get somebody else on the team to help 657 00:32:56,280 --> 00:33:00,400 Speaker 3: me out and do the Instagram pages. I'm not very 658 00:33:00,400 --> 00:33:02,440 Speaker 3: good at it, but I haven't found anyone who will 659 00:33:02,520 --> 00:33:04,760 Speaker 3: suffer enough to do it yet. We'll see. 660 00:33:05,080 --> 00:33:09,560 Speaker 5: Hey, jellmen, Elvis has luck good today, Thank you, and 661 00:33:09,760 --> 00:33:12,360 Speaker 5: good nightsh