WEBVTT - Women’s Anger and the Supreme Court

0:00:05.680 --> 0:00:09.119
<v Speaker 1>Hi, Brian, Hi, Katie. Well, it's been an extraordinary week

0:00:09.200 --> 0:00:12.280
<v Speaker 1>in America. Good day. It is now official, by a

0:00:12.400 --> 0:00:16.360
<v Speaker 1>to vote margin. The Senate has just confirmed Breck Cavanaugh.

0:00:16.400 --> 0:00:19.640
<v Speaker 1>Breck Cavanaugh was sworn in as Supreme Court justice. Has

0:00:19.640 --> 0:00:23.000
<v Speaker 1>a new Supreme Court Brett Kavanaugh will hear his first

0:00:23.079 --> 0:00:26.439
<v Speaker 1>arguments this morning. The confirmation of Bret Kavanaugh to the

0:00:26.480 --> 0:00:30.760
<v Speaker 1>Supreme Court capped off an emotional process that's left scars

0:00:30.800 --> 0:00:34.040
<v Speaker 1>and anchor on both sides of the debate. The already

0:00:34.080 --> 0:00:37.840
<v Speaker 1>deep divide in this country seems to have not only deepened,

0:00:38.200 --> 0:00:42.839
<v Speaker 1>but calcified. The testimony of Dr Christine Blassi Ford unleashed

0:00:42.880 --> 0:00:46.279
<v Speaker 1>a torrent of revelations by women across the country of

0:00:46.360 --> 0:00:51.000
<v Speaker 1>sexual assaults long kept secret. The rage and raw emotion

0:00:51.159 --> 0:00:54.600
<v Speaker 1>exhibited by Judge Kavanaugh seemed to be a vessel for

0:00:54.640 --> 0:00:57.800
<v Speaker 1>those who feel the me too movement has been transformed

0:00:57.800 --> 0:01:01.680
<v Speaker 1>into a political heat seeking missile. Collateral damage be damned.

0:01:02.000 --> 0:01:04.360
<v Speaker 1>And by the time it was over, Americans were at

0:01:04.400 --> 0:01:08.480
<v Speaker 1>each other's throats, both sides vowing to express their fury

0:01:08.520 --> 0:01:12.800
<v Speaker 1>at the voting booth. So what just happened? Well, today

0:01:12.800 --> 0:01:14.600
<v Speaker 1>we're going to try to figure that out, We're gonna

0:01:14.600 --> 0:01:18.160
<v Speaker 1>try to understand what unfolded and why and what impact

0:01:18.280 --> 0:01:20.840
<v Speaker 1>this is likely to have on the court and the country.

0:01:20.959 --> 0:01:23.199
<v Speaker 1>We'll hear from two people who can help us better

0:01:23.280 --> 0:01:27.640
<v Speaker 1>understand this moment in American politics and culture. Lawrence Tribe

0:01:27.640 --> 0:01:30.880
<v Speaker 1>teaches constitutional law at Harvard Law School. He's one of

0:01:30.920 --> 0:01:35.200
<v Speaker 1>the most influential and revered liberal legal scholars in the country.

0:01:35.319 --> 0:01:37.080
<v Speaker 1>And if you're a big fan of this podcast, you

0:01:37.200 --> 0:01:40.120
<v Speaker 1>might remember Rebecca tray Stir. We had her on way

0:01:40.160 --> 0:01:45.400
<v Speaker 1>back in those prehistoric innocent days the summer of and

0:01:45.440 --> 0:01:48.000
<v Speaker 1>we're very happy to have Rebecca back with us today

0:01:48.040 --> 0:01:51.120
<v Speaker 1>because she's out with a brand new book called Good

0:01:51.120 --> 0:01:55.720
<v Speaker 1>and Mad, The Revolutionary Power of Women's Anger, talk about

0:01:55.760 --> 0:01:59.240
<v Speaker 1>timely was oppression title. Anyway, hopefully they can both help

0:01:59.320 --> 0:02:02.080
<v Speaker 1>us make sense of this moment and the Rancor's times

0:02:02.120 --> 0:02:05.080
<v Speaker 1>were living in and what this could all mean in

0:02:05.120 --> 0:02:12.359
<v Speaker 1>our daily lives. So first, here's Rebecca tray Stir. Rebecca,

0:02:12.440 --> 0:02:15.040
<v Speaker 1>welcome back, Thank you. It's always a pleasure to be here.

0:02:15.400 --> 0:02:18.280
<v Speaker 1>So first we want to talk about Judge now Justice

0:02:18.320 --> 0:02:23.560
<v Speaker 1>Brett Havanaugh, and before we even get into the confirmation

0:02:23.639 --> 0:02:27.840
<v Speaker 1>hearings and what unfolded. What one word would you use

0:02:27.960 --> 0:02:33.160
<v Speaker 1>to describe how you felt after this was all over wrecked?

0:02:34.440 --> 0:02:39.640
<v Speaker 1>That's a terrible I felt absolutely wrecked. It has really

0:02:39.680 --> 0:02:47.680
<v Speaker 1>been a traumatic, um enraging, terrifying period from my point

0:02:47.680 --> 0:02:51.280
<v Speaker 1>of view the past few weeks. Can you elaborate on

0:02:51.280 --> 0:02:55.080
<v Speaker 1>on why. Yeah, because the stakes were so high first

0:02:55.080 --> 0:02:57.800
<v Speaker 1>of all, so a lot of When I described the

0:02:57.880 --> 0:03:01.600
<v Speaker 1>horror of what's just happened, I'm not talking just about

0:03:01.720 --> 0:03:04.480
<v Speaker 1>what's just happened over the past few weeks of testimony

0:03:04.520 --> 0:03:08.480
<v Speaker 1>and the coverage of it. I'm also talking about the repercussion.

0:03:09.120 --> 0:03:11.960
<v Speaker 1>He's now going to be a member of the Supreme Court.

0:03:12.120 --> 0:03:14.720
<v Speaker 1>He has a lifetime appointment. Um, you know, he's a

0:03:14.840 --> 0:03:18.200
<v Speaker 1>it's a partisan appointment, and to a court that has

0:03:18.280 --> 0:03:21.760
<v Speaker 1>within its power the ability to reverse the progress made

0:03:21.840 --> 0:03:25.760
<v Speaker 1>by previous generations of mass social movements that have worked

0:03:26.480 --> 0:03:30.640
<v Speaker 1>to enact change and increase equality. What that means is

0:03:30.680 --> 0:03:33.320
<v Speaker 1>not just the potential reversal of Row, which is what

0:03:33.320 --> 0:03:35.600
<v Speaker 1>a lot of people have talked about. It means further

0:03:35.680 --> 0:03:38.520
<v Speaker 1>gutting of affirmative action, of the Voting Rights Act, of

0:03:38.520 --> 0:03:42.480
<v Speaker 1>the ability to collectively bargain and organize the Supreme Court

0:03:42.520 --> 0:03:46.400
<v Speaker 1>has an enormous ability to suppress um the liberty and

0:03:46.440 --> 0:03:49.120
<v Speaker 1>freedom of the kinds of masses of people who are

0:03:49.120 --> 0:03:52.880
<v Speaker 1>now angry about power abuses. There there are all kinds

0:03:52.880 --> 0:03:56.000
<v Speaker 1>of mechanisms that are going to change. What a lot

0:03:56.000 --> 0:03:58.840
<v Speaker 1>of people saw when they looked at these hearings was

0:03:59.360 --> 0:04:02.600
<v Speaker 1>a repeat eat or reducts of the Clarence Thomas Anita

0:04:02.680 --> 0:04:05.520
<v Speaker 1>Hill hearings twenty seven years ago. Do you think we've

0:04:05.600 --> 0:04:09.400
<v Speaker 1>learned anything since then? Well, it's funny in some ways.

0:04:09.880 --> 0:04:13.200
<v Speaker 1>We saw the handling of the hearings by the Judiciary Committee,

0:04:13.200 --> 0:04:16.760
<v Speaker 1>and I didn't think it was possible to handle the

0:04:16.839 --> 0:04:20.640
<v Speaker 1>testimony of a woman who was coming forth with allegations

0:04:20.680 --> 0:04:23.640
<v Speaker 1>about a nominee to the Supreme Court any worse than

0:04:24.200 --> 0:04:31.360
<v Speaker 1>the Senate Judiciary Committee handled them in. And somehowen Republican

0:04:31.440 --> 0:04:34.599
<v Speaker 1>led Senate Judiciary Committee managed to do worse. Why do

0:04:34.640 --> 0:04:37.599
<v Speaker 1>you think it was worse? Christine blasi Ford testified that

0:04:37.600 --> 0:04:40.960
<v Speaker 1>there was a witness in Mark Judge. He was never

0:04:41.040 --> 0:04:45.080
<v Speaker 1>even called. We don't know enough about what the eventual

0:04:45.200 --> 0:04:50.359
<v Speaker 1>FBI investigation entailed, but it's certainly left very few people

0:04:50.400 --> 0:04:53.599
<v Speaker 1>who were not Republicans convinced that it had been a

0:04:53.640 --> 0:04:59.080
<v Speaker 1>thorough investigation. Dr Blasi Ford herself wasn't questioned by the FBI. UM,

0:04:59.080 --> 0:05:00.920
<v Speaker 1>we know that there were people who offered to talk

0:05:00.920 --> 0:05:03.200
<v Speaker 1>to the FBI who the FBI did not reach out to.

0:05:04.120 --> 0:05:06.240
<v Speaker 1>Is it worse? The open disdain for Anita Hill was

0:05:06.279 --> 0:05:09.280
<v Speaker 1>so profound, and it was coming in some ways from

0:05:09.800 --> 0:05:12.279
<v Speaker 1>the members of the Republican Party sitting on the Judiciary Committee.

0:05:12.320 --> 0:05:15.800
<v Speaker 1>But she was not defended by those on the Democratic side,

0:05:15.800 --> 0:05:18.920
<v Speaker 1>And in fact, Joe Biden didn't call the women who

0:05:18.920 --> 0:05:23.560
<v Speaker 1>were willing to corroborate her story back. So that is similar,

0:05:24.200 --> 0:05:28.760
<v Speaker 1>But there was more time, there was more investigation. Um,

0:05:28.800 --> 0:05:32.320
<v Speaker 1>there were I think twenty two witnesses called in in

0:05:32.360 --> 0:05:35.120
<v Speaker 1>the Anita Hill hearings. There was none of that here.

0:05:35.240 --> 0:05:38.760
<v Speaker 1>It was just they designed it to be. She said,

0:05:38.960 --> 0:05:42.920
<v Speaker 1>he said, without even calling on the voice. I mean,

0:05:43.160 --> 0:05:46.080
<v Speaker 1>in these kinds of cases, very often, one of the

0:05:46.120 --> 0:05:49.000
<v Speaker 1>reasons that harassment and assault cases are hard to bring,

0:05:49.080 --> 0:05:51.440
<v Speaker 1>and one of the reasons that women often don't tell

0:05:51.480 --> 0:05:53.599
<v Speaker 1>stories is because they know it comes down to he said,

0:05:53.680 --> 0:05:56.599
<v Speaker 1>she said, and the women's voices very rarely trusted. This

0:05:56.680 --> 0:05:58.880
<v Speaker 1>was a case where the woman telling the story claimed

0:05:58.880 --> 0:06:02.440
<v Speaker 1>there was another person in the room and that person

0:06:02.680 --> 0:06:06.880
<v Speaker 1>wasn't called, So you know, in that regard it was worse.

0:06:06.920 --> 0:06:10.520
<v Speaker 1>I think there are some differences. After the Anita Hill

0:06:10.520 --> 0:06:13.400
<v Speaker 1>Clarence Thomas Herring's public opinion polls showed that the majority

0:06:13.400 --> 0:06:17.160
<v Speaker 1>of Americans believed Clarence Thomas, and now the polls show

0:06:17.240 --> 0:06:20.920
<v Speaker 1>that a majority believe Christine Blasi for right, and so

0:06:21.240 --> 0:06:24.440
<v Speaker 1>through one lens, that reflects a kind of progress that

0:06:24.520 --> 0:06:29.200
<v Speaker 1>I do think twenty seven years of activism and engagement

0:06:29.240 --> 0:06:32.240
<v Speaker 1>on these issues mean that we are taking the stories

0:06:32.240 --> 0:06:34.839
<v Speaker 1>of women more seriously, and so there is some indication

0:06:34.880 --> 0:06:37.599
<v Speaker 1>that maybe we were taking Christine Blasi Ford's story more seriously.

0:06:37.640 --> 0:06:41.360
<v Speaker 1>But we also have to remember she is a white,

0:06:41.440 --> 0:06:47.920
<v Speaker 1>married woman by many measures, um within a government in

0:06:47.960 --> 0:06:50.440
<v Speaker 1>a power structure that is fundamentally a white patriarchy, the

0:06:50.520 --> 0:06:54.240
<v Speaker 1>kind of woman who Americans are more likely to believe.

0:06:54.520 --> 0:06:57.320
<v Speaker 1>Anita Hill wrote at the time after her hearing that

0:06:57.560 --> 0:07:00.200
<v Speaker 1>one of the reasons that she was incomprehensible to the

0:07:00.200 --> 0:07:04.360
<v Speaker 1>Senate Judiciary Committee she was black and she was unmarried,

0:07:04.480 --> 0:07:07.520
<v Speaker 1>and they couldn't square these things with her credentials as

0:07:07.520 --> 0:07:09.880
<v Speaker 1>an ivy educated lawyer and a peer of a Supreme

0:07:09.920 --> 0:07:12.560
<v Speaker 1>Court nominee. So we I think we have to take

0:07:12.600 --> 0:07:17.960
<v Speaker 1>into account, um, some of the racial realities around the

0:07:18.000 --> 0:07:20.520
<v Speaker 1>differences between Christine Blassie Ford and Anita Hill. Though I

0:07:20.560 --> 0:07:23.520
<v Speaker 1>would also argue that it is true, um, that we

0:07:23.600 --> 0:07:26.400
<v Speaker 1>do listen to women's stories differently at this juncture than

0:07:26.480 --> 0:07:30.320
<v Speaker 1>perhaps we did. I was struck by Anita Hill's piece

0:07:30.360 --> 0:07:33.840
<v Speaker 1>in the New York Times after Dr Ford came forward

0:07:34.000 --> 0:07:36.680
<v Speaker 1>bemoaning the fact that there still was not a process

0:07:36.720 --> 0:07:41.200
<v Speaker 1>in place. There isn't a protocol that would make it

0:07:41.280 --> 0:07:44.440
<v Speaker 1>a clear path to how you handle these kinds of

0:07:44.480 --> 0:07:48.120
<v Speaker 1>complaints or issues. Yeah, I I obviously I think that

0:07:48.120 --> 0:07:50.680
<v Speaker 1>that's that's a very fair assessment. I would also say

0:07:50.680 --> 0:07:52.800
<v Speaker 1>that the way that we react to women's stories makes

0:07:52.800 --> 0:07:54.920
<v Speaker 1>it very difficult for there to be a clear protocol.

0:07:54.960 --> 0:07:57.160
<v Speaker 1>You can see the risks involved. I read today that

0:07:57.240 --> 0:07:59.400
<v Speaker 1>Christine Blasi Ford still can't move back into our own

0:07:59.400 --> 0:08:02.160
<v Speaker 1>home because of the incessant death threats, and of course

0:08:02.200 --> 0:08:04.480
<v Speaker 1>that happened to Anita Hill too, terrible death threats and

0:08:04.560 --> 0:08:07.760
<v Speaker 1>rape threats for years afterward, which is a very depressing

0:08:07.800 --> 0:08:11.360
<v Speaker 1>thing and very upsetting to hear Let's talk about the

0:08:11.440 --> 0:08:15.240
<v Speaker 1>hearings themselves. Your new book is about women and anger,

0:08:16.000 --> 0:08:20.240
<v Speaker 1>and I know you were struck by the anger express

0:08:20.360 --> 0:08:23.760
<v Speaker 1>by not only Brett having off, but Lindsey Graham. Let's

0:08:23.800 --> 0:08:28.520
<v Speaker 1>take a listen. This confirmation process has become a national disgrace.

0:08:30.040 --> 0:08:34.920
<v Speaker 1>The Constitution gives the Senate an important role in the

0:08:34.960 --> 0:08:40.079
<v Speaker 1>confirmation process. But you have replaced advice and consent with

0:08:40.200 --> 0:08:44.600
<v Speaker 1>search and destroy. If you wanted an FBI investigation, you

0:08:44.640 --> 0:08:47.080
<v Speaker 1>could have come to us. What you want to do

0:08:47.200 --> 0:08:51.120
<v Speaker 1>is destroy this guy's life, hold this seat open, and

0:08:51.240 --> 0:08:57.440
<v Speaker 1>hope you win. You've said that, not me. Meanwhile, Christine

0:08:57.440 --> 0:09:01.439
<v Speaker 1>blasi Ford really, for the most part, maintained her composure.

0:09:01.880 --> 0:09:05.679
<v Speaker 1>She obviously was nervous and I think a little bit

0:09:05.720 --> 0:09:11.640
<v Speaker 1>weepy at times. Indelible in the hippocampus is the laughter,

0:09:12.920 --> 0:09:19.440
<v Speaker 1>the the uproarious laughter between the two and they're having

0:09:19.720 --> 0:09:26.080
<v Speaker 1>fun at my expense. What were your impressions watching the

0:09:26.200 --> 0:09:31.720
<v Speaker 1>two genders react. Well, I don't think that Christine blasi

0:09:31.840 --> 0:09:35.440
<v Speaker 1>Ford could have used anger on her own behalf, although

0:09:35.880 --> 0:09:37.440
<v Speaker 1>in my view she had a lot she could have

0:09:37.440 --> 0:09:40.120
<v Speaker 1>reasonably been angry about, from the assault itself to the

0:09:40.160 --> 0:09:43.120
<v Speaker 1>impact it made on her life, to the kind of

0:09:43.160 --> 0:09:45.920
<v Speaker 1>impact that having been brought into the public eye made

0:09:45.960 --> 0:09:48.600
<v Speaker 1>on her life and her family's life. Um, there was

0:09:48.600 --> 0:09:50.800
<v Speaker 1>plenty that she could have raised her voice about. But

0:09:50.880 --> 0:09:53.560
<v Speaker 1>we can't even begin to imagine a woman in her

0:09:53.600 --> 0:09:58.320
<v Speaker 1>position going in and raging or yelling or speaking in

0:09:58.360 --> 0:10:00.400
<v Speaker 1>loud tones about what had happen, and to her, it

0:10:00.400 --> 0:10:02.920
<v Speaker 1>would be immediately discrediting. People would say she came off

0:10:02.960 --> 0:10:04.960
<v Speaker 1>as crazy, or she was trying to play the victim,

0:10:05.160 --> 0:10:07.480
<v Speaker 1>or she sounded like a lunatic. I mean it just

0:10:08.559 --> 0:10:13.240
<v Speaker 1>I don't think we can fathom it really. Meanwhile, Brett Kavanaugh,

0:10:13.280 --> 0:10:17.560
<v Speaker 1>who is a powerful white man, was able to use

0:10:17.720 --> 0:10:20.959
<v Speaker 1>anger as a rhetorical tool to boost his case. And

0:10:21.000 --> 0:10:24.360
<v Speaker 1>that's the That is the thing. Women are told all

0:10:24.400 --> 0:10:27.160
<v Speaker 1>the time that if they speak in anger, it's not

0:10:27.240 --> 0:10:29.559
<v Speaker 1>just that it's not cute, it's that it will undermine

0:10:29.600 --> 0:10:33.960
<v Speaker 1>their position, it will damage their ability to be taken seriously.

0:10:34.280 --> 0:10:38.720
<v Speaker 1>But for men, anger can be read as fundamentally diagnostic.

0:10:38.760 --> 0:10:41.240
<v Speaker 1>It tells us what's really wrong because they're feeling it

0:10:41.360 --> 0:10:43.480
<v Speaker 1>so deeply that they raised their voice about it in

0:10:43.520 --> 0:10:45.840
<v Speaker 1>a kind of sign of strength and commitment. And it

0:10:45.880 --> 0:10:49.040
<v Speaker 1>worked for Brett Kavanaugh, I think by many measures. Uh,

0:10:49.240 --> 0:10:51.280
<v Speaker 1>You've seen a lot of coverage that has said it

0:10:51.360 --> 0:10:53.920
<v Speaker 1>was his willingness to get angry and Lindsay Graham's willingness

0:10:53.920 --> 0:10:55.800
<v Speaker 1>to get angry, which I think many people agree was

0:10:55.840 --> 0:10:58.160
<v Speaker 1>probably an audition for Donald Trump, who likes to see

0:10:58.200 --> 0:11:01.360
<v Speaker 1>the angry bluster of powerful men um in the face

0:11:01.440 --> 0:11:05.360
<v Speaker 1>of challenge from people who are not powerful white men. Now,

0:11:05.400 --> 0:11:07.240
<v Speaker 1>the women who did speak in anger, and who I

0:11:07.280 --> 0:11:11.720
<v Speaker 1>think did so to powerful effect were the protesters, including Anna,

0:11:11.760 --> 0:11:14.959
<v Speaker 1>Maria Archila, and Maria Gallagher who confronted Jeff Flake in

0:11:15.000 --> 0:11:18.240
<v Speaker 1>the elevator, And that was an incredibly powerful moment of

0:11:18.240 --> 0:11:21.520
<v Speaker 1>of watching and hearing women raise their voices and point

0:11:21.559 --> 0:11:24.559
<v Speaker 1>their fingers and insist that this powerful man look them

0:11:24.559 --> 0:11:27.240
<v Speaker 1>in their eyes. Well, tell me, when I'm talking to you,

0:11:27.240 --> 0:11:30.840
<v Speaker 1>you're telling me that miaself doesn't matter, what happened to

0:11:30.880 --> 0:11:34.720
<v Speaker 1>me doesn't matter. You're gonna let people look do these

0:11:34.720 --> 0:11:40.160
<v Speaker 1>things into power. I found it interesting that Mitch McConnell

0:11:40.400 --> 0:11:46.120
<v Speaker 1>and President Trump both described these groups of protesters as mobs.

0:11:47.600 --> 0:11:49.840
<v Speaker 1>What was your reaction to that? That is the way

0:11:49.880 --> 0:11:53.560
<v Speaker 1>whenever UM a power structure is challenged by the less

0:11:53.600 --> 0:11:58.840
<v Speaker 1>powerful entity. That challenge is um framed by the more

0:11:58.880 --> 0:12:03.640
<v Speaker 1>powerful entity that has and challenged as disruptive, dangerous mob.

0:12:03.720 --> 0:12:05.600
<v Speaker 1>You can see that in the language that people used

0:12:05.640 --> 0:12:07.920
<v Speaker 1>around me too, where the women telling the stories of

0:12:07.960 --> 0:12:10.360
<v Speaker 1>sexual harassment were described as part of a witch hunt

0:12:10.600 --> 0:12:13.640
<v Speaker 1>or part of mob justice, and where the men, some

0:12:13.760 --> 0:12:17.640
<v Speaker 1>of whom lost their jobs powerful jobs after accusations that

0:12:17.679 --> 0:12:20.640
<v Speaker 1>they had harassed or assaulted people, were described as having

0:12:20.720 --> 0:12:23.440
<v Speaker 1>had their lives ruined. In many cases, people talked about

0:12:23.440 --> 0:12:25.160
<v Speaker 1>them as if they had been killed or murdered, that

0:12:25.200 --> 0:12:28.800
<v Speaker 1>they had ceased to exist. The kind of disruption that

0:12:28.880 --> 0:12:31.520
<v Speaker 1>happens when power moves in the opposite way that it

0:12:31.600 --> 0:12:35.400
<v Speaker 1>usually does, when the less powerful make a challenge to

0:12:35.440 --> 0:12:41.880
<v Speaker 1>the powerful, that gets rendered as troublesome, disruptive, worrisome. Whereas

0:12:41.960 --> 0:12:44.680
<v Speaker 1>when the power moves the way it's supposed to move

0:12:45.280 --> 0:12:48.679
<v Speaker 1>um with any kind of violence or aggression coming from

0:12:48.679 --> 0:12:50.920
<v Speaker 1>the more powerful to less powerful, often we don't even

0:12:50.960 --> 0:12:54.520
<v Speaker 1>notice that it's not disruption. You know, the angry mobs

0:12:54.520 --> 0:12:58.679
<v Speaker 1>were the protesters, not the angry group of Republicans who

0:12:58.679 --> 0:13:01.920
<v Speaker 1>are having fits. A few jury in the Senate Judiciary Committee.

0:13:01.920 --> 0:13:05.560
<v Speaker 1>They were just as mad and cruel Donald Trump's mocking

0:13:05.559 --> 0:13:10.080
<v Speaker 1>of Dr Christine blasi Ford cruel and vitriolic and loud

0:13:10.160 --> 0:13:13.320
<v Speaker 1>and screaming in their anger on behalf of Brett Kavanaugh.

0:13:13.400 --> 0:13:17.400
<v Speaker 1>And yet they're not the angry mobs, even though they're

0:13:17.440 --> 0:13:21.000
<v Speaker 1>expressing anger that's just as intense. One thing that really

0:13:21.040 --> 0:13:25.000
<v Speaker 1>struck me over the weekend was Senator Susan Collins, obviously

0:13:25.040 --> 0:13:29.760
<v Speaker 1>a woman the deciding vote here, defended Brett Kavanaugh's anger

0:13:30.200 --> 0:13:32.960
<v Speaker 1>on one of the Sunday shows. She said she was

0:13:33.040 --> 0:13:36.840
<v Speaker 1>glad that Kavanaugh apologized to Amy Klobuchar, but beyond that,

0:13:37.000 --> 0:13:40.439
<v Speaker 1>she said, you know, if you're wrongfully accused of something

0:13:40.520 --> 0:13:43.360
<v Speaker 1>like this, I can understand why you'd be angry. What

0:13:43.440 --> 0:13:46.920
<v Speaker 1>was your reaction to that? Well, this is what I

0:13:47.000 --> 0:13:50.439
<v Speaker 1>was saying before about white men's powerful. White men's anger

0:13:51.240 --> 0:13:54.080
<v Speaker 1>is often a tool that they can use to make themselves,

0:13:54.080 --> 0:13:58.040
<v Speaker 1>in their case, more appealing and attractive and moving to

0:13:58.120 --> 0:14:01.360
<v Speaker 1>those who might be willing to support them, and Susan

0:14:01.400 --> 0:14:04.840
<v Speaker 1>Collins is one of those people. Susan Collins very clearly

0:14:04.880 --> 0:14:07.320
<v Speaker 1>wanted to support Brett Kavanaugh, and she found in his

0:14:07.400 --> 0:14:12.520
<v Speaker 1>anger a communicative strategy that worked to affirm her positive

0:14:12.559 --> 0:14:14.680
<v Speaker 1>feelings about him, and that's what she's giving voice to.

0:14:15.280 --> 0:14:17.959
<v Speaker 1>Anger really does have an ability to work for powerful

0:14:18.000 --> 0:14:19.520
<v Speaker 1>white men in a way that it doesn't from many

0:14:19.560 --> 0:14:22.400
<v Speaker 1>other kinds of people. Do you have any kind of

0:14:22.920 --> 0:14:27.280
<v Speaker 1>sympathy for what Kavanaugh's family has been through or Kavanaugh himself?

0:14:27.320 --> 0:14:29.240
<v Speaker 1>And do you have any doubt at all that he

0:14:29.960 --> 0:14:34.560
<v Speaker 1>sexually assaulted Dr? Ford? No, I don't. I believe Christine

0:14:34.600 --> 0:14:37.240
<v Speaker 1>Blassi Ford. Um, that doesn't mean that I don't have

0:14:37.280 --> 0:14:41.200
<v Speaker 1>sympathy for human beings, and certainly for a family. One

0:14:41.200 --> 0:14:45.000
<v Speaker 1>of the realities about the ubiquity of power abuse, you know,

0:14:45.080 --> 0:14:47.440
<v Speaker 1>gendered and racial, is that the people who have power

0:14:47.520 --> 0:14:51.040
<v Speaker 1>have lots of people who are dependent on them. And Um,

0:14:51.200 --> 0:14:57.160
<v Speaker 1>do I have sympathy for Kavanaugh's family, Sure, But like

0:14:57.240 --> 0:14:59.640
<v Speaker 1>the fact that our attention is drawn to that as

0:14:59.680 --> 0:15:02.920
<v Speaker 1>the ard party, rather than not only the family of

0:15:03.000 --> 0:15:06.120
<v Speaker 1>Dr Christine Blassie Ford who can't live in their own home,

0:15:07.280 --> 0:15:11.240
<v Speaker 1>rather than the families of the hundreds or thousands of

0:15:11.400 --> 0:15:15.040
<v Speaker 1>people who were there protesting telling their own stories of

0:15:15.120 --> 0:15:20.160
<v Speaker 1>having been assaulted or harassed or aggressed upon, whose families

0:15:20.280 --> 0:15:24.040
<v Speaker 1>also live with the kind of suffering that they've gone through,

0:15:24.080 --> 0:15:27.920
<v Speaker 1>not only via harassment, but then having their voices silenced, ignored,

0:15:28.040 --> 0:15:31.960
<v Speaker 1>and dismissed as a mob of loudmouths. I feel sympathy

0:15:32.000 --> 0:15:35.320
<v Speaker 1>for those families too. The Me Too movement is one

0:15:35.400 --> 0:15:40.080
<v Speaker 1>year old, right, and we've seen powerful man after powerful

0:15:40.160 --> 0:15:45.000
<v Speaker 1>man fall from grace. It seems to me that there

0:15:45.000 --> 0:15:48.680
<v Speaker 1>has been increasing sort of discomfort with this, not just

0:15:48.880 --> 0:15:52.960
<v Speaker 1>from powerful men or men in general, but I think

0:15:53.080 --> 0:15:58.440
<v Speaker 1>from other people who feel that perhaps it's being weaponized

0:15:59.000 --> 0:16:03.080
<v Speaker 1>and that, uh, it's overused, this kind of claim. And

0:16:03.120 --> 0:16:06.240
<v Speaker 1>then when you have an allegation that's thirty six years old,

0:16:06.280 --> 0:16:10.320
<v Speaker 1>no matter how credible, people are wondering, gosh, has it

0:16:10.440 --> 0:16:13.680
<v Speaker 1>gone too far? So I would argue this seems to

0:16:13.720 --> 0:16:18.440
<v Speaker 1>be a specific backlash against this reckoning we've witnessed over

0:16:18.440 --> 0:16:21.680
<v Speaker 1>the last year. Well, I think that the rhetoric used

0:16:21.720 --> 0:16:24.920
<v Speaker 1>about it, and this the arguments that you're citing that's

0:16:24.960 --> 0:16:27.760
<v Speaker 1>been in the culture for a while. I mean that

0:16:27.840 --> 0:16:30.320
<v Speaker 1>was that was Donald Trump was elected to the presidency

0:16:30.360 --> 0:16:33.080
<v Speaker 1>after having admitted on tape to grabbing women against their will.

0:16:33.560 --> 0:16:36.560
<v Speaker 1>I don't think that this Yes, there's a backlash, but

0:16:36.600 --> 0:16:38.400
<v Speaker 1>I also want to. I'm curious about whether it would

0:16:38.440 --> 0:16:43.240
<v Speaker 1>be popularly decided had we voted on Brett Kavanaugh. I mean,

0:16:43.400 --> 0:16:46.680
<v Speaker 1>polls that I've seen show that the majority of Americans

0:16:47.200 --> 0:16:51.120
<v Speaker 1>believed Christine Blasi Ford and that he had extraordinarily low

0:16:51.160 --> 0:16:56.040
<v Speaker 1>approval ratings that only dropped during his confirmation hearings. Yes,

0:16:56.080 --> 0:16:59.720
<v Speaker 1>the intensity of his defense amongst his right wing defenders

0:17:00.200 --> 0:17:03.720
<v Speaker 1>grew in in defensive response, and that's surely part of

0:17:03.760 --> 0:17:08.240
<v Speaker 1>that backlash mentality. But it was a fundamentally minority power

0:17:08.359 --> 0:17:11.280
<v Speaker 1>that installed him. But I think for some people who

0:17:11.359 --> 0:17:13.800
<v Speaker 1>are you know, just read my Instagram feed and you'll

0:17:13.840 --> 0:17:18.320
<v Speaker 1>see what I mean my Instagram comments. But but I

0:17:18.359 --> 0:17:20.840
<v Speaker 1>feel like I feel like it it reached a zenith

0:17:20.920 --> 0:17:25.240
<v Speaker 1>though with this, with with these Kavanaugh hearings, that somehow

0:17:25.359 --> 0:17:29.000
<v Speaker 1>people were like, enough is enough? You know, these crazy

0:17:29.080 --> 0:17:32.399
<v Speaker 1>women making these claims, and now you go back to

0:17:32.480 --> 0:17:36.359
<v Speaker 1>what a kid did at seventeen years old and saying,

0:17:36.359 --> 0:17:38.919
<v Speaker 1>what's going to happen to our sons and brothers? So

0:17:39.080 --> 0:17:41.199
<v Speaker 1>I feel I feel like, I don't know, for me

0:17:41.280 --> 0:17:44.040
<v Speaker 1>as an observer, and of course you're much more entrenched

0:17:44.080 --> 0:17:47.199
<v Speaker 1>in this than I am. Rebecca, this feels to me

0:17:47.680 --> 0:17:51.919
<v Speaker 1>like the moment, the backlash was heard loud and clear

0:17:52.040 --> 0:17:55.120
<v Speaker 1>across the country. But what does it mean that more

0:17:55.160 --> 0:17:58.520
<v Speaker 1>people believed her? Is that indicative of a mass backlash

0:17:58.640 --> 0:18:01.800
<v Speaker 1>or is that the rhetoric of back clash being weaponized

0:18:01.840 --> 0:18:05.440
<v Speaker 1>by a right wing that wanted to install their justice. Well,

0:18:05.440 --> 0:18:07.640
<v Speaker 1>that's fair enough, I mean, yeah, I can see that too.

0:18:07.680 --> 0:18:10.679
<v Speaker 1>And maybe mass isn't the right word, but allowed and

0:18:11.560 --> 0:18:16.159
<v Speaker 1>exploitive reaction to this movement, well on a faction of

0:18:16.200 --> 0:18:19.439
<v Speaker 1>the country that doesn't represent a majority, But that's pretty big,

0:18:20.560 --> 0:18:22.840
<v Speaker 1>just deciding, you know, I'm fed up and we're not

0:18:22.880 --> 0:18:25.280
<v Speaker 1>gonna We're not gonna take this anymore in a sense.

0:18:25.400 --> 0:18:27.520
<v Speaker 1>But but I want to talk about the subject of

0:18:27.560 --> 0:18:32.800
<v Speaker 1>your book, which is obviously connected to this conversation, women's anger. So, Rebecca,

0:18:33.000 --> 0:18:35.080
<v Speaker 1>a lot of the anger that you describe in your

0:18:35.080 --> 0:18:38.000
<v Speaker 1>book is directed at white men, but some of it

0:18:38.080 --> 0:18:42.159
<v Speaker 1>is directed at women themselves, specifically white women, you know,

0:18:42.240 --> 0:18:46.080
<v Speaker 1>many of whom supported Trump supported Kavanaugh. How do you

0:18:46.359 --> 0:18:50.000
<v Speaker 1>explain that, Well, inequity takes all kinds of forms in

0:18:50.040 --> 0:18:51.960
<v Speaker 1>this country. The country was built on all kinds of

0:18:51.960 --> 0:18:55.160
<v Speaker 1>forms of in equity. So there's racial inequity, gender inequity,

0:18:55.520 --> 0:19:00.480
<v Speaker 1>class inequality. So within coalitions that may exist um as

0:19:00.520 --> 0:19:02.880
<v Speaker 1>mass social movements, whether you're talking about the civil rights

0:19:02.880 --> 0:19:07.280
<v Speaker 1>movement or the women's movement, there are divergent opinions. There

0:19:07.359 --> 0:19:09.960
<v Speaker 1>is inequality, and women are angry at each other. Within

0:19:10.000 --> 0:19:12.680
<v Speaker 1>the movement, allies are angry at allies. This has always

0:19:12.680 --> 0:19:16.960
<v Speaker 1>been true. How do you explain white women's supporting Trump,

0:19:17.359 --> 0:19:20.639
<v Speaker 1>supporting Kavanaugh and turning their backs on these other women

0:19:20.680 --> 0:19:23.440
<v Speaker 1>who have been victims of sexual assault and who tell

0:19:23.480 --> 0:19:28.760
<v Speaker 1>these unbelievably herroin emotionally difficult stories. It's hard for me

0:19:28.880 --> 0:19:31.199
<v Speaker 1>to understand how they can just turn their back on

0:19:31.280 --> 0:19:35.159
<v Speaker 1>these other women. Well, there's a long history of white

0:19:35.359 --> 0:19:39.400
<v Speaker 1>women supporting the white men to whom they are most

0:19:39.440 --> 0:19:43.679
<v Speaker 1>closely connected by marriage, by social circles within their families,

0:19:44.280 --> 0:19:49.440
<v Speaker 1>um against critique or challenge. White women in this country

0:19:49.480 --> 0:19:53.280
<v Speaker 1>have um always voted Republican as long as as long

0:19:53.320 --> 0:19:55.600
<v Speaker 1>as they've been keeping track, except for two elections in

0:19:56.000 --> 0:19:58.480
<v Speaker 1>two and ninety six, And it's one of the things

0:19:58.520 --> 0:20:02.800
<v Speaker 1>that has created dissonance and um resentments within a women's

0:20:02.840 --> 0:20:08.480
<v Speaker 1>movement because there are all kinds of incentives offered to

0:20:08.520 --> 0:20:10.879
<v Speaker 1>white women who are willing to support white men and

0:20:10.920 --> 0:20:14.840
<v Speaker 1>their continued power, but that does set them at odds

0:20:15.720 --> 0:20:19.920
<v Speaker 1>with other women, some of whom are trying to challenge

0:20:20.800 --> 0:20:24.399
<v Speaker 1>the power of those white men, and it works to

0:20:24.600 --> 0:20:28.280
<v Speaker 1>divide women against each other. It's it's a very difficult

0:20:28.359 --> 0:20:32.840
<v Speaker 1>dynamic within a women's movement, and it's and race and um.

0:20:32.960 --> 0:20:36.080
<v Speaker 1>Racial inequality has been used to sort of cut off

0:20:36.520 --> 0:20:39.359
<v Speaker 1>a percentage of white women who are more invested in

0:20:39.440 --> 0:20:42.320
<v Speaker 1>supporting the continued power of white men than they are

0:20:42.440 --> 0:20:46.320
<v Speaker 1>in finding affiliation with other women. Where does the Me

0:20:46.480 --> 0:20:49.960
<v Speaker 1>Too movement go from here? Do you think this is

0:20:50.000 --> 0:20:54.639
<v Speaker 1>a setback or do you think it will galvanize the

0:20:54.720 --> 0:20:59.320
<v Speaker 1>participants of this movement? Well, you know, I have been,

0:20:59.359 --> 0:21:01.800
<v Speaker 1>actually for somebody who writes a lot about me Too,

0:21:01.800 --> 0:21:04.840
<v Speaker 1>I've been notoriously bad at predicting what's going to happen next.

0:21:04.920 --> 0:21:08.040
<v Speaker 1>It surprised me right from the start. I assumed that

0:21:08.080 --> 0:21:10.560
<v Speaker 1>the story about Harvey Weinstein would pass over within a

0:21:10.600 --> 0:21:13.840
<v Speaker 1>week or two, and instead it kept going, more stories

0:21:13.880 --> 0:21:15.720
<v Speaker 1>being told, and then I thought, oh my god, it's

0:21:15.760 --> 0:21:17.520
<v Speaker 1>been a month, and then it's been two months, and

0:21:17.520 --> 0:21:19.680
<v Speaker 1>then three months, and then four months, which was really

0:21:19.720 --> 0:21:23.960
<v Speaker 1>that peak in the fall of seventeen, and I couldn't believe,

0:21:24.480 --> 0:21:27.879
<v Speaker 1>as a person who studies women's anger, that it was

0:21:28.040 --> 0:21:30.760
<v Speaker 1>sustaining itself for four months. And it showed me the

0:21:30.760 --> 0:21:33.520
<v Speaker 1>intensity and the passion that was there and the desperation

0:21:33.560 --> 0:21:36.800
<v Speaker 1>to get these stories out. And then I sort of thought, Okay, well,

0:21:36.800 --> 0:21:40.400
<v Speaker 1>now it's receded. But then there were other iterations. There

0:21:40.480 --> 0:21:44.800
<v Speaker 1>was the revelation about Eric schneiderman Um just recently prior

0:21:44.840 --> 0:21:47.359
<v Speaker 1>to Kavanaugh. There were the stories about less Moon vest

0:21:47.440 --> 0:21:51.560
<v Speaker 1>which were just absolutely devastating, and the revelation that this

0:21:51.680 --> 0:21:54.760
<v Speaker 1>very powerful man is alleged to have committed kind of

0:21:54.760 --> 0:21:59.840
<v Speaker 1>Weinstein level assaults um throughout his career. Now, the question

0:22:00.080 --> 0:22:05.159
<v Speaker 1>whether what has just happened around Kavanaugh will be further

0:22:05.359 --> 0:22:09.800
<v Speaker 1>energizing or whether it will be deadening. I could see

0:22:09.840 --> 0:22:13.600
<v Speaker 1>it going either way. My My best guess is that

0:22:13.640 --> 0:22:17.000
<v Speaker 1>it will be ultimately energizing, that it will motivate that

0:22:17.119 --> 0:22:21.000
<v Speaker 1>women are angry, and while they may feel briefly defeated,

0:22:21.160 --> 0:22:24.639
<v Speaker 1>that their anger will propel them into continuing to be

0:22:24.760 --> 0:22:28.359
<v Speaker 1>determined to make to make these realities clear. I'm not

0:22:28.440 --> 0:22:31.000
<v Speaker 1>going to ask you to predict how this will play

0:22:31.040 --> 0:22:34.119
<v Speaker 1>out in the mid terms. But it is interesting that,

0:22:34.840 --> 0:22:37.720
<v Speaker 1>you know, the Republicans seem to be convinced that this

0:22:37.840 --> 0:22:41.080
<v Speaker 1>is really energized their base in a way that nothing

0:22:41.119 --> 0:22:43.919
<v Speaker 1>else has over the last couple of years. And the

0:22:44.000 --> 0:22:46.359
<v Speaker 1>Democrats are also convinced that this is going to energize

0:22:46.720 --> 0:22:49.879
<v Speaker 1>their base. I mean, how do you assess that? And

0:22:50.200 --> 0:22:52.280
<v Speaker 1>who do you think is going to prevail in this

0:22:52.320 --> 0:22:55.120
<v Speaker 1>sort of fight. I think there are two different factors

0:22:55.160 --> 0:22:58.320
<v Speaker 1>that complicate both of those claims. I think Republicans are

0:22:58.320 --> 0:23:00.760
<v Speaker 1>probably right that it is energized their base, but the

0:23:00.840 --> 0:23:03.360
<v Speaker 1>issue is that the Republican base is in fact smaller

0:23:03.359 --> 0:23:06.280
<v Speaker 1>than a Democratic base, and so it may have increased

0:23:06.320 --> 0:23:10.320
<v Speaker 1>intensity amongst the Trump base. But that Trump base, first

0:23:10.359 --> 0:23:14.560
<v Speaker 1>of all, was always smaller statistically than the Democratic base.

0:23:14.640 --> 0:23:17.840
<v Speaker 1>Remember he did not win the popular vote. So it

0:23:18.040 --> 0:23:22.800
<v Speaker 1>may well have increased the intensity and excitement amongst the

0:23:22.800 --> 0:23:25.760
<v Speaker 1>Trump base, But the question is isn't big enough? And

0:23:26.200 --> 0:23:29.919
<v Speaker 1>in that regard, I would say energy favors the Democrats.

0:23:29.960 --> 0:23:32.560
<v Speaker 1>But here's what doesn't favor the Democrats the way the

0:23:32.640 --> 0:23:36.560
<v Speaker 1>system is designed, and that's from jerrymandering and voter suppression efforts,

0:23:36.600 --> 0:23:41.159
<v Speaker 1>which have already been successful in many states. UM to

0:23:41.720 --> 0:23:45.240
<v Speaker 1>the basic ways that you know that that we apportioned

0:23:45.359 --> 0:23:47.879
<v Speaker 1>political power. I mean, one thing that's really notable, and

0:23:47.920 --> 0:23:50.399
<v Speaker 1>several people have have made mention of it, is that

0:23:50.440 --> 0:23:55.080
<v Speaker 1>the senators who voted against Kavanaugh represent millions of more

0:23:55.160 --> 0:23:58.800
<v Speaker 1>Americans because of the way the Senate is designed than

0:23:58.840 --> 0:24:02.919
<v Speaker 1>the senators who voted for him. And the fact is

0:24:03.000 --> 0:24:08.720
<v Speaker 1>that there could be more democratic enthusiasm, more UM activism,

0:24:08.760 --> 0:24:11.520
<v Speaker 1>more people out there casting votes, and it still might

0:24:11.560 --> 0:24:14.320
<v Speaker 1>not be able to overcome the deficits of gerrymandering and

0:24:14.400 --> 0:24:18.359
<v Speaker 1>voter suppression UM that Republicans have put in place. Even

0:24:18.400 --> 0:24:21.000
<v Speaker 1>setting that aside, you know, if if in every Trump

0:24:21.080 --> 0:24:25.000
<v Speaker 1>state they elected to Republican senators, the Trump States would

0:24:25.000 --> 0:24:28.240
<v Speaker 1>mean sixty Republican senators, right exactly. Well, that's what I

0:24:28.280 --> 0:24:30.160
<v Speaker 1>mean by the design of the Senate. You know, I'm

0:24:30.160 --> 0:24:35.720
<v Speaker 1>not a predictor, especially not after UM, but I think

0:24:35.760 --> 0:24:40.639
<v Speaker 1>you see a Democratic party changing and growing. Whether that

0:24:40.720 --> 0:24:43.080
<v Speaker 1>means success in a few weeks in the mid terms,

0:24:43.119 --> 0:24:45.919
<v Speaker 1>I can't tell you. But you see a Republican party

0:24:45.960 --> 0:24:50.720
<v Speaker 1>that I think is shrinking slightly, but their grip on

0:24:50.760 --> 0:24:55.359
<v Speaker 1>power is growing. Your party affiliation is crystal clear. I

0:24:55.480 --> 0:24:59.440
<v Speaker 1>never my journalism. I'm an opinion journalist that nobody ever

0:24:59.440 --> 0:25:03.439
<v Speaker 1>wonders about my party affiliation. Before we go, I just

0:25:03.480 --> 0:25:06.320
<v Speaker 1>want to ask one final, sort of broader question. Do

0:25:06.359 --> 0:25:09.320
<v Speaker 1>you think the treatment of Christine blasi Ford will have

0:25:09.400 --> 0:25:14.560
<v Speaker 1>a chilling effect on sexual assault victims and in terms

0:25:14.640 --> 0:25:17.960
<v Speaker 1>of their willingness to come forward? Because I was so

0:25:18.119 --> 0:25:22.400
<v Speaker 1>moved and actually somewhat surprised at the number of stories

0:25:22.440 --> 0:25:26.000
<v Speaker 1>that surfaced from people like Terry Hatcher and Connie Chung,

0:25:26.480 --> 0:25:28.959
<v Speaker 1>all these well known people, and of course people who

0:25:29.040 --> 0:25:33.040
<v Speaker 1>are not well known. It made me realize how pervasive

0:25:33.240 --> 0:25:36.640
<v Speaker 1>this problem is. So what do you think the impact

0:25:36.720 --> 0:25:41.960
<v Speaker 1>will be on survivors coming forward or victims telling their stories? Well,

0:25:42.000 --> 0:25:44.000
<v Speaker 1>I think that there are some people who react to

0:25:44.040 --> 0:25:46.800
<v Speaker 1>a story like this by saying, damn it. I'm going

0:25:46.840 --> 0:25:49.120
<v Speaker 1>to make it clear that this happened to me too,

0:25:49.160 --> 0:25:52.520
<v Speaker 1>by sort of being angry about the treatment, and that

0:25:52.680 --> 0:25:58.280
<v Speaker 1>anger um provoking them to tell their story almost in solidarity,

0:25:58.320 --> 0:25:59.800
<v Speaker 1>to say you might not have believed her, but it

0:25:59.880 --> 0:26:02.040
<v Speaker 1>happen to me as well, And this is a real thing,

0:26:02.080 --> 0:26:03.920
<v Speaker 1>and I'm going to insist on it. And I think

0:26:03.960 --> 0:26:07.359
<v Speaker 1>that's one possible psychological reaction. But the other, as you

0:26:07.440 --> 0:26:12.400
<v Speaker 1>point to, she was treated truly horribly. Her life is upended.

0:26:12.440 --> 0:26:15.320
<v Speaker 1>She'll never live the same life that she did before.

0:26:15.440 --> 0:26:18.320
<v Speaker 1>This has been true for Anita Hill as well. And

0:26:18.440 --> 0:26:21.080
<v Speaker 1>with nothing to you know, he's he's on the court.

0:26:21.160 --> 0:26:24.399
<v Speaker 1>He's going to be making laws about women's bodies and

0:26:24.480 --> 0:26:27.600
<v Speaker 1>voting rights deep into our future. And I think that

0:26:27.640 --> 0:26:30.240
<v Speaker 1>there are a whole host of other people for whom

0:26:30.280 --> 0:26:32.680
<v Speaker 1>that is certainly chilling. Who wants to go through that,

0:26:33.080 --> 0:26:36.679
<v Speaker 1>Who wants to expose so much and expose yourself and

0:26:36.720 --> 0:26:40.600
<v Speaker 1>your family to risk and to pain for nothing. I mean,

0:26:40.600 --> 0:26:43.280
<v Speaker 1>this is a country where women came forward and told

0:26:43.280 --> 0:26:45.399
<v Speaker 1>their stories about having been groped by Donald Trump, and

0:26:45.440 --> 0:26:48.040
<v Speaker 1>he got elected president the next month. This is not

0:26:48.119 --> 0:26:52.000
<v Speaker 1>the only example of this, but then it's worth thinking

0:26:52.080 --> 0:26:53.960
<v Speaker 1>about the fact that that did happen. In the fall

0:26:54.000 --> 0:26:57.280
<v Speaker 1>of you had more than a dozen women come forward

0:26:57.440 --> 0:27:00.200
<v Speaker 1>with their names and tell stories about Donald Trump as

0:27:00.480 --> 0:27:06.400
<v Speaker 1>as a sexual predator, and watched him win the presidency anyway,

0:27:07.160 --> 0:27:10.040
<v Speaker 1>and within a year you had a movement of thousands

0:27:10.040 --> 0:27:12.679
<v Speaker 1>of other women coming forward with their stories. So I

0:27:12.720 --> 0:27:15.640
<v Speaker 1>guess that recent history would suggest that it might not

0:27:16.280 --> 0:27:19.760
<v Speaker 1>deaden or or dampen the urge to come forward with

0:27:19.760 --> 0:27:24.920
<v Speaker 1>with stories. Well, we live in very interesting fraud times

0:27:25.040 --> 0:27:28.880
<v Speaker 1>to say the least. Rebecca trast is always We love

0:27:28.920 --> 0:27:31.639
<v Speaker 1>having you on the podcast and love hearing your perspective.

0:27:31.880 --> 0:27:34.200
<v Speaker 1>Thank you so much, Katie. It's really good to be here.

0:27:36.880 --> 0:27:39.040
<v Speaker 1>Time for us to take a quick break. Now, when

0:27:39.040 --> 0:27:42.600
<v Speaker 1>we come back, we'll talk with the legal scholar, Lawrence Tribe,

0:27:42.960 --> 0:27:45.960
<v Speaker 1>about where the Supreme Court will go from here. That's

0:27:46.040 --> 0:27:51.680
<v Speaker 1>right after this. Now let's get back to the show.

0:27:54.760 --> 0:27:57.840
<v Speaker 1>Let's turn out to Lawrence Tribe, a Harvard law professor

0:27:58.000 --> 0:28:01.640
<v Speaker 1>and an expert on constitutional law. We started off by

0:28:01.720 --> 0:28:05.200
<v Speaker 1>asking him why he was opposed to Bret havanas confirmation

0:28:05.640 --> 0:28:10.280
<v Speaker 1>even before Christine Blaussi Ford's allegations came to light. Well,

0:28:10.320 --> 0:28:15.080
<v Speaker 1>I actually knew him, liked him, and respected him. But

0:28:15.200 --> 0:28:20.440
<v Speaker 1>I believed that his views of executive power were so

0:28:20.600 --> 0:28:24.159
<v Speaker 1>broad that it was dangerous for the republic, and that

0:28:24.280 --> 0:28:27.359
<v Speaker 1>his views of individual rights were so narrow that it

0:28:27.440 --> 0:28:32.480
<v Speaker 1>was dangerous for all of us, especially women but really everybody,

0:28:32.560 --> 0:28:37.240
<v Speaker 1>And so reluctantly I was opposed. Can you explain when

0:28:37.240 --> 0:28:41.680
<v Speaker 1>you talk about his views towards executive power for the

0:28:41.800 --> 0:28:46.240
<v Speaker 1>non legal eagles in our audience. Well, unlike many of

0:28:46.280 --> 0:28:50.720
<v Speaker 1>the others on the shortlist that the Federalist Society and

0:28:50.760 --> 0:28:56.760
<v Speaker 1>the Heritage Foundation presented to President Trump, Judge Kavanaugh was

0:28:56.800 --> 0:29:02.120
<v Speaker 1>on record as expressing serious doubts about whether a sitting

0:29:02.200 --> 0:29:06.640
<v Speaker 1>president could properly be indicted, even if he had committed

0:29:06.680 --> 0:29:10.800
<v Speaker 1>a crime, could be forced to testify pursuant to a

0:29:10.880 --> 0:29:15.360
<v Speaker 1>grand jury subpoena. The others on the list really hued

0:29:15.600 --> 0:29:19.520
<v Speaker 1>to the right wing agenda on issues like abortion rights

0:29:19.560 --> 0:29:23.960
<v Speaker 1>and affirmative action and gay rights. But the one thing

0:29:24.040 --> 0:29:27.120
<v Speaker 1>that stuck out with respect to Judge Kavanaugh, who was

0:29:27.160 --> 0:29:31.160
<v Speaker 1>added to the list by President Trump in a kind

0:29:31.160 --> 0:29:34.880
<v Speaker 1>of second round, was that he alone was on record

0:29:34.920 --> 0:29:40.680
<v Speaker 1>as suggesting that presidents should be subject two shields from

0:29:41.040 --> 0:29:44.800
<v Speaker 1>legal accountability that put them above the rest of us,

0:29:45.120 --> 0:29:47.720
<v Speaker 1>and that troubled me a great deal. I know we're

0:29:47.720 --> 0:29:50.000
<v Speaker 1>not mind readers here, but do you think that that

0:29:50.120 --> 0:29:54.040
<v Speaker 1>was one of the things that made Trump select Kavanaugh? Well,

0:29:54.080 --> 0:29:59.840
<v Speaker 1>I certainly don't pretend to read anyone's mind, especially Donald Trump's,

0:30:00.360 --> 0:30:03.040
<v Speaker 1>but I find it hard to imagine that there was

0:30:03.120 --> 0:30:06.440
<v Speaker 1>anything else that made him stand out in a way

0:30:06.520 --> 0:30:11.600
<v Speaker 1>that was so distinctive, because, in fact, McConnell had warned

0:30:12.080 --> 0:30:15.520
<v Speaker 1>Donald Trump that Brett Kavanaugh had a longer and more

0:30:15.880 --> 0:30:21.160
<v Speaker 1>difficult paper trail than anybody else on the shortlist. McConnell

0:30:21.200 --> 0:30:24.720
<v Speaker 1>recommended that he not be the choice, but Trump went

0:30:24.720 --> 0:30:28.200
<v Speaker 1>ahead anyway, And the only thing I can imagine as

0:30:28.280 --> 0:30:31.440
<v Speaker 1>his reason was that this was a nominee who was

0:30:31.600 --> 0:30:36.720
<v Speaker 1>likely to protect Trump from the mounting legal problems that

0:30:36.800 --> 0:30:42.440
<v Speaker 1>he confronted with the Mueller investigation and all of the

0:30:42.480 --> 0:30:46.640
<v Speaker 1>indictments that it had already brought down. Do you worry

0:30:46.720 --> 0:30:50.440
<v Speaker 1>in general about how partisan this whole process has become

0:30:51.000 --> 0:30:55.600
<v Speaker 1>Democrats instinctively opposing Republican nominees and of course vice versa.

0:30:56.160 --> 0:30:58.320
<v Speaker 1>I mean, it wasn't so long ago and the Clinton

0:30:58.320 --> 0:31:03.520
<v Speaker 1>administration that Ginsburg and Briar were supported by huge bipartisan

0:31:03.600 --> 0:31:07.120
<v Speaker 1>majorities in the Senate. What happened? Yeah, For people who

0:31:07.120 --> 0:31:09.160
<v Speaker 1>haven't paid so much attention since then, how did this

0:31:09.200 --> 0:31:13.360
<v Speaker 1>all change? Well? It really has been very partisan for

0:31:13.520 --> 0:31:16.640
<v Speaker 1>a very long time since even before Robert bourke in.

0:31:18.400 --> 0:31:22.360
<v Speaker 1>And there have been short periods during which there was

0:31:22.400 --> 0:31:28.280
<v Speaker 1>not much point in opposing a relatively moderate nominee UM,

0:31:28.320 --> 0:31:33.000
<v Speaker 1>and in fact, despite her prominence in the women's rights movement,

0:31:33.400 --> 0:31:39.920
<v Speaker 1>Ruth Ginsburg was really moderate compared to flamethrowing far left candidates.

0:31:40.000 --> 0:31:43.560
<v Speaker 1>She was somebody who had expressed the view that Roe v.

0:31:43.800 --> 0:31:47.280
<v Speaker 1>Wade came too quickly and that the Court should have

0:31:47.320 --> 0:31:51.840
<v Speaker 1>moved more slowly. And Stephen Bryer was hardly a left

0:31:51.880 --> 0:31:58.200
<v Speaker 1>wing candidate. And those were times when opposition by the

0:31:58.440 --> 0:32:02.480
<v Speaker 1>GOP would have really been quite feutial. We had a

0:32:02.480 --> 0:32:06.920
<v Speaker 1>filibuster rule that would have required sixty votes. It was

0:32:06.960 --> 0:32:10.120
<v Speaker 1>not a time like this one in which the country

0:32:10.280 --> 0:32:15.240
<v Speaker 1>is so totally and profoundly divided, and in which McConnell

0:32:15.320 --> 0:32:19.960
<v Speaker 1>had already established a fifty vote rule so that anything

0:32:20.120 --> 0:32:23.000
<v Speaker 1>more than a majority would prevail. By the way, I

0:32:23.000 --> 0:32:26.040
<v Speaker 1>think there's an important thing for people to note that

0:32:26.280 --> 0:32:29.080
<v Speaker 1>Harry Reid often gets blamed for this. He lowered the

0:32:29.120 --> 0:32:33.120
<v Speaker 1>threshold from sixty votes to fifty for lower court judges,

0:32:33.160 --> 0:32:35.800
<v Speaker 1>Appeals court judges, and district court judges. But it was

0:32:35.880 --> 0:32:39.600
<v Speaker 1>McConnell who changed the rule so that Supreme Court justices

0:32:39.640 --> 0:32:43.239
<v Speaker 1>could not be filibustered. That's right, and when you are

0:32:43.320 --> 0:32:46.640
<v Speaker 1>dealing with a group of nine hundred or more lower

0:32:46.680 --> 0:32:50.080
<v Speaker 1>court judges to say that a mere majority should be

0:32:50.200 --> 0:32:53.880
<v Speaker 1>enough is not all that dramatic, although they called it

0:32:54.000 --> 0:32:57.760
<v Speaker 1>the nuclear option. The really dramatic move was the one

0:32:57.800 --> 0:33:02.280
<v Speaker 1>that was made for the first time by Majority leader McConnell,

0:33:02.520 --> 0:33:06.520
<v Speaker 1>who basically said that from now on, a mere majority

0:33:06.600 --> 0:33:11.240
<v Speaker 1>will suffice to confirm someone to the United States Supreme

0:33:11.280 --> 0:33:15.800
<v Speaker 1>Court for lifetime power over all of us. While we're

0:33:15.800 --> 0:33:18.920
<v Speaker 1>on the topic, larrea of Mitch McConnell, I mean, how

0:33:19.000 --> 0:33:22.600
<v Speaker 1>could he and the Republicans just decide they were not

0:33:22.640 --> 0:33:25.680
<v Speaker 1>going to even meet with Merrick Garland, which I think

0:33:26.080 --> 0:33:32.400
<v Speaker 1>really led to this extraordinary polarization we're witnessing. Now, How

0:33:32.400 --> 0:33:35.320
<v Speaker 1>can they do that? Well, the fact is that he

0:33:35.360 --> 0:33:37.520
<v Speaker 1>could do it because he did it. He could do

0:33:37.560 --> 0:33:40.240
<v Speaker 1>it because he had the power, But there was no

0:33:40.520 --> 0:33:43.959
<v Speaker 1>reasonable argument for it. He claimed that there was some

0:33:44.040 --> 0:33:47.760
<v Speaker 1>kind of precedent for holding a seat vacant for four

0:33:47.840 --> 0:33:50.840
<v Speaker 1>hundred days on the ground that it was in the

0:33:50.960 --> 0:33:54.200
<v Speaker 1>last year of a president's term. Well, you can be

0:33:54.320 --> 0:33:59.080
<v Speaker 1>sure that if some terrible tragedy befalls one of the

0:33:59.120 --> 0:34:03.680
<v Speaker 1>older just in the last year of Donald Trump's term,

0:34:03.760 --> 0:34:06.680
<v Speaker 1>that mix. McConnell is not going to say, well, we

0:34:06.720 --> 0:34:10.120
<v Speaker 1>have to wait until the election of In fact, he

0:34:10.160 --> 0:34:13.080
<v Speaker 1>already said that. He said that over the weekend that

0:34:13.160 --> 0:34:16.640
<v Speaker 1>he modified the McConnell rule so that it's only if

0:34:16.640 --> 0:34:19.960
<v Speaker 1>the Senate is of an opposing party as the president

0:34:20.239 --> 0:34:22.360
<v Speaker 1>that they would do nothing. If it's the same party,

0:34:22.400 --> 0:34:26.320
<v Speaker 1>they move forward. Right, And if you believe that there

0:34:26.360 --> 0:34:28.720
<v Speaker 1>is more than one bridge, I could sell you cheap.

0:34:29.080 --> 0:34:32.760
<v Speaker 1>The fact is that there is no rule. There's simply power,

0:34:33.200 --> 0:34:37.000
<v Speaker 1>naked power, and the idea that power should prevail over

0:34:37.080 --> 0:34:41.759
<v Speaker 1>any exercise of human reason is an idea that can

0:34:41.760 --> 0:34:44.680
<v Speaker 1>get us into profound trouble. I mean, whether you are

0:34:44.960 --> 0:34:47.440
<v Speaker 1>on the left or on the right, you really have

0:34:47.680 --> 0:34:52.160
<v Speaker 1>a stake in a functioning government, of functioning three branch

0:34:52.280 --> 0:34:57.280
<v Speaker 1>government with checks and balances, and with the reasoned argument.

0:34:57.640 --> 0:35:02.400
<v Speaker 1>There's a kind of inherent disadvantage for Democrats, who somehow

0:35:03.239 --> 0:35:07.880
<v Speaker 1>often subject to great criticism, feel constrained by the idea

0:35:07.960 --> 0:35:10.560
<v Speaker 1>that what we've got to have some principle here, we

0:35:10.640 --> 0:35:13.000
<v Speaker 1>have to have an argument. Well, the fact is, if

0:35:13.040 --> 0:35:16.760
<v Speaker 1>the other side doesn't think it needs an argument, then

0:35:17.000 --> 0:35:21.440
<v Speaker 1>feeling constrained by reason puts you at an inherent disadvantage,

0:35:21.880 --> 0:35:25.359
<v Speaker 1>and that's what liberals and progressives have faced. I think

0:35:25.400 --> 0:35:30.920
<v Speaker 1>it's a big mistake to treat the problem of profound

0:35:30.960 --> 0:35:36.520
<v Speaker 1>division as one in which both sides are to blame.

0:35:37.000 --> 0:35:39.920
<v Speaker 1>No one is perfect, that's true. But if what you're

0:35:39.920 --> 0:35:44.000
<v Speaker 1>saying is everybody is equally to blame, that's just that's

0:35:44.040 --> 0:35:46.200
<v Speaker 1>just not true at all. Larry, let me read you

0:35:46.560 --> 0:35:50.560
<v Speaker 1>something you recently tweeted at the White House swearing, and

0:35:50.760 --> 0:35:54.279
<v Speaker 1>Trump obscenely made the occasion a purely partisan one with

0:35:54.360 --> 0:35:58.440
<v Speaker 1>his ludicrous claim that Justice Kavanaugh had been quote proven

0:35:58.600 --> 0:36:02.520
<v Speaker 1>innocent end quote, and his misogynistic apology for the Senate's

0:36:02.600 --> 0:36:06.839
<v Speaker 1>even having listened to Dr Blasi Ford, can you tell

0:36:06.920 --> 0:36:10.560
<v Speaker 1>us how you really feel? Well? That is certainly how

0:36:10.600 --> 0:36:14.200
<v Speaker 1>I feel. It was a frankly nauseating thing to watch.

0:36:14.320 --> 0:36:18.120
<v Speaker 1>I felt really sorry for the two closest friends I

0:36:18.160 --> 0:36:22.000
<v Speaker 1>have on the court, Stephen Bryer and Elena Kagan, because

0:36:22.040 --> 0:36:26.359
<v Speaker 1>in order to help the institution, they obviously felt they

0:36:26.400 --> 0:36:30.160
<v Speaker 1>had to be part of this absolute, you know, charade,

0:36:30.560 --> 0:36:34.280
<v Speaker 1>in which they had to sit there and and be polite,

0:36:34.760 --> 0:36:39.319
<v Speaker 1>while President Trump made it into a completely partisan show.

0:36:39.400 --> 0:36:43.840
<v Speaker 1>He called out and praised all of the Republican members

0:36:43.920 --> 0:36:48.040
<v Speaker 1>of the Judiciary Committee and had nothing but contempt for

0:36:48.120 --> 0:36:51.440
<v Speaker 1>the others. He said that he was apologizing on behalf

0:36:51.440 --> 0:36:56.880
<v Speaker 1>of the nation to poor Brett Kavanaugh, and really perpetuated

0:36:56.960 --> 0:37:01.080
<v Speaker 1>his view which at first he had been persuaded to suppress,

0:37:01.800 --> 0:37:05.440
<v Speaker 1>that Dr Blasie Ford was somehow part of a hoax.

0:37:06.120 --> 0:37:09.920
<v Speaker 1>That's nonsense. Anybody who listened with a halfway open mind

0:37:10.400 --> 0:37:13.080
<v Speaker 1>to the testimony would know that she was telling the truth,

0:37:13.600 --> 0:37:16.799
<v Speaker 1>and the truth for Brett Kavanaugh would be I was

0:37:16.920 --> 0:37:20.960
<v Speaker 1>part of a bunch of frat guys who got blotted drunk.

0:37:21.040 --> 0:37:22.799
<v Speaker 1>I don't know what the hell I did that day,

0:37:22.840 --> 0:37:24.560
<v Speaker 1>and it didn't matter to me. That would have been

0:37:24.600 --> 0:37:27.840
<v Speaker 1>the truth. But I'm sure he was persuaded by Trump

0:37:27.880 --> 0:37:32.120
<v Speaker 1>and McConnell that that would lead them to pull his nomination.

0:37:32.239 --> 0:37:36.080
<v Speaker 1>He had to live big time, and I think it's

0:37:36.080 --> 0:37:39.279
<v Speaker 1>a shame that he did. As a law school professor,

0:37:39.719 --> 0:37:42.719
<v Speaker 1>it's I'd love you to address this whole notion of

0:37:42.760 --> 0:37:47.320
<v Speaker 1>innocent until proven guilty, because that has been used time

0:37:47.320 --> 0:37:51.520
<v Speaker 1>and time again by supporters of Brett Cavanaugh and detractors

0:37:51.560 --> 0:37:56.200
<v Speaker 1>of Dr. Ford. Why is that not an appropriate way

0:37:56.400 --> 0:37:59.200
<v Speaker 1>of looking at this, Well, to begin with, I can

0:37:59.239 --> 0:38:03.120
<v Speaker 1>say that it's not consistent with what Trump himself said

0:38:03.160 --> 0:38:06.200
<v Speaker 1>the other night, when he said, you've been proved innocent. Well,

0:38:06.239 --> 0:38:08.399
<v Speaker 1>that's not part of our system. If it really were

0:38:08.440 --> 0:38:12.880
<v Speaker 1>true that any reasonable doubt would have been enough to

0:38:12.920 --> 0:38:15.920
<v Speaker 1>put him on the court, then the most we have

0:38:16.520 --> 0:38:19.600
<v Speaker 1>is not that he was proved innocent, but that he

0:38:19.719 --> 0:38:23.760
<v Speaker 1>wasn't absolutely proven guilty. But in fact, we're not talking

0:38:23.800 --> 0:38:27.360
<v Speaker 1>about imprisoning somebody or depriving him of liberty or putting

0:38:27.400 --> 0:38:30.960
<v Speaker 1>him to death. We're simply talking about who should exercise

0:38:31.719 --> 0:38:36.839
<v Speaker 1>enormous power over our lives for really thirty five or

0:38:36.840 --> 0:38:40.719
<v Speaker 1>forty years. If there's serious reason to believe that the

0:38:40.800 --> 0:38:46.080
<v Speaker 1>person was really an attempted rapist and that he was

0:38:46.239 --> 0:38:49.360
<v Speaker 1>lying to get onto the court, we don't say that

0:38:49.440 --> 0:38:52.160
<v Speaker 1>because we're not sure he's a liar, we should simply

0:38:52.239 --> 0:38:55.200
<v Speaker 1>give up and put him in that position of power.

0:38:55.800 --> 0:39:00.239
<v Speaker 1>People don't have a right and entitlement to exercise the

0:39:00.320 --> 0:39:03.279
<v Speaker 1>judicial power over others. That's not the same as the

0:39:03.400 --> 0:39:07.000
<v Speaker 1>right We all have to be able to enjoy liberty

0:39:07.080 --> 0:39:10.520
<v Speaker 1>unless we are proven guilty. So the whole paradigm of

0:39:11.160 --> 0:39:14.080
<v Speaker 1>a presumption of innocence is misplaced. That has nothing to

0:39:14.160 --> 0:39:16.240
<v Speaker 1>do with what we're talking about. As some have said,

0:39:16.719 --> 0:39:19.719
<v Speaker 1>it's more like a job interview, except it's like, will

0:39:19.800 --> 0:39:22.440
<v Speaker 1>you hire this person to be not just a babysitter

0:39:22.920 --> 0:39:25.480
<v Speaker 1>for your kids, but a babysitter for your kids and

0:39:25.600 --> 0:39:31.120
<v Speaker 1>grands kids for life, someone who exercises power over everything

0:39:31.160 --> 0:39:33.879
<v Speaker 1>you care about? And if there's good reason to think

0:39:33.920 --> 0:39:38.360
<v Speaker 1>that that person is too partisan or two disrespectful of women,

0:39:39.120 --> 0:39:42.359
<v Speaker 1>you don't say, well, but we're not sure that he's

0:39:42.360 --> 0:39:46.800
<v Speaker 1>a terrible guy, and therefore he's entitled to exercise that power.

0:39:47.440 --> 0:39:50.160
<v Speaker 1>You rather say we're not sure, and therefore we better

0:39:50.200 --> 0:39:53.400
<v Speaker 1>look for someone else. Why do you think Dr Ford's

0:39:53.480 --> 0:39:56.239
<v Speaker 1>testimony didn't seem to matter to the outcome? I mean,

0:39:56.280 --> 0:39:59.000
<v Speaker 1>I can argue that, with one or two notable exceptions,

0:39:59.000 --> 0:40:01.480
<v Speaker 1>the vote was exact gale what it would have been

0:40:01.520 --> 0:40:06.120
<v Speaker 1>had Dr Ford never come forward. Sad but true, sad

0:40:06.160 --> 0:40:08.960
<v Speaker 1>but true. I mean, it seems to me that the

0:40:09.080 --> 0:40:15.400
<v Speaker 1>result was essentially predetermined when, for example, Senator Flake was

0:40:15.480 --> 0:40:20.640
<v Speaker 1>persuaded by Senator Coombs to call for an FBI investigation

0:40:20.719 --> 0:40:23.560
<v Speaker 1>that he had to know would be more a cover

0:40:23.680 --> 0:40:26.720
<v Speaker 1>up than a real investigation. I think it was simply

0:40:26.760 --> 0:40:30.080
<v Speaker 1>to give cover to the whole situation. It was shameful.

0:40:30.719 --> 0:40:34.200
<v Speaker 1>So Judge Kavanaugh is now Justice Kavanaugh, obviously, and you

0:40:34.239 --> 0:40:36.400
<v Speaker 1>wrote an op ed in the New York Times about

0:40:36.440 --> 0:40:38.760
<v Speaker 1>all the ways that he's going to need to recuse

0:40:38.840 --> 0:40:43.160
<v Speaker 1>himself in your view, from cases before the court. Can

0:40:43.160 --> 0:40:46.640
<v Speaker 1>you kind of walk us through your view about the

0:40:46.760 --> 0:40:50.759
<v Speaker 1>major conflicts of interests he faces. Certainly, it seems to

0:40:50.800 --> 0:40:56.080
<v Speaker 1>me that when someone wins confirmation after a kind of

0:40:56.880 --> 0:41:03.799
<v Speaker 1>long and impassioned speech identifying essentially liberal groups and the

0:41:03.840 --> 0:41:09.480
<v Speaker 1>Democratic Party and those who defend the Clintons and those

0:41:09.520 --> 0:41:14.480
<v Speaker 1>who oppose Trump as having destroyed their lives, when anybody

0:41:14.480 --> 0:41:17.400
<v Speaker 1>gets down to the court after that, it's hard to

0:41:17.480 --> 0:41:22.320
<v Speaker 1>imagine that such a judge could be regarded as fair

0:41:22.360 --> 0:41:25.279
<v Speaker 1>in dealing with any issue that involves those groups, and

0:41:25.320 --> 0:41:29.680
<v Speaker 1>that certainly is going to involve issues with regard to abortion,

0:41:29.760 --> 0:41:33.600
<v Speaker 1>issues with regard to gerrymandering, issues with regard to presidential

0:41:34.239 --> 0:41:39.160
<v Speaker 1>power and presidential immunity. I don't expect Judge Kavanaugh to

0:41:39.239 --> 0:41:44.040
<v Speaker 1>actually or now Justice Kavanaugh, actually bow out of all

0:41:44.040 --> 0:41:48.440
<v Speaker 1>those controversies, but an ethical course of action would require

0:41:48.520 --> 0:41:52.040
<v Speaker 1>him to do so. Respect for the Court's integrity and

0:41:52.120 --> 0:41:56.080
<v Speaker 1>its credibility would require him to do so. But to

0:41:56.200 --> 0:42:00.319
<v Speaker 1>get to specifics, it's rather complicated. Imagine, for example, that

0:42:00.440 --> 0:42:03.360
<v Speaker 1>a lower court has held that the President of the

0:42:03.440 --> 0:42:07.120
<v Speaker 1>United States cannot be forced to answer a subpoena from

0:42:07.120 --> 0:42:11.200
<v Speaker 1>a grand jury. The U. S. Supreme Court could easily

0:42:11.400 --> 0:42:16.160
<v Speaker 1>leave that decision in place and protect Trump, even if

0:42:16.520 --> 0:42:20.400
<v Speaker 1>in order to do so, Kavanaugh would have to recouse himself.

0:42:20.920 --> 0:42:24.239
<v Speaker 1>That is, there are times when recusal could kind of

0:42:24.280 --> 0:42:28.240
<v Speaker 1>make the point that he thinks he's impartial but wants

0:42:28.280 --> 0:42:33.840
<v Speaker 1>to respect those who find him biased. And yet the

0:42:33.960 --> 0:42:37.719
<v Speaker 1>result of a four force split would be believe the

0:42:37.760 --> 0:42:41.719
<v Speaker 1>decision of the lower court intact. So there are questions

0:42:41.719 --> 0:42:45.560
<v Speaker 1>of tactics and strategy that are going to be pervasive

0:42:45.680 --> 0:42:48.959
<v Speaker 1>throughout his service on the court. Larry, let me ask

0:42:49.000 --> 0:42:53.440
<v Speaker 1>you about Justice Kavanaugh moving forward, not just on conflict

0:42:53.480 --> 0:42:58.440
<v Speaker 1>of interest, but on that kind of intangible impact this

0:42:58.600 --> 0:43:02.600
<v Speaker 1>kind of bruising confirm nation could have on a justice.

0:43:03.120 --> 0:43:07.880
<v Speaker 1>It certainly harkens back to the Clarence Thomas confirmation hearings

0:43:08.080 --> 0:43:11.319
<v Speaker 1>twenty seven years ago. Let's listen to a clip from

0:43:11.360 --> 0:43:16.759
<v Speaker 1>that and from my standpoint as a Black American, as

0:43:16.760 --> 0:43:19.840
<v Speaker 1>far as I'm concerned, it is a high tech lynching

0:43:20.400 --> 0:43:24.239
<v Speaker 1>for uppity blacks who in any way deign to think

0:43:24.320 --> 0:43:33.160
<v Speaker 1>for themselves. Using Clarence Thomas as an example, will Justice Kavanaugh,

0:43:33.160 --> 0:43:37.680
<v Speaker 1>in your view, go more to the right or will

0:43:37.719 --> 0:43:43.680
<v Speaker 1>his opinions be somehow colored by his experience? You know,

0:43:43.800 --> 0:43:46.360
<v Speaker 1>I wish I had a crystal ball to answer that question.

0:43:46.440 --> 0:43:48.759
<v Speaker 1>I think it's going to depend on all kinds of

0:43:48.840 --> 0:43:52.719
<v Speaker 1>variables that are not yet determined. I think the Clarence

0:43:52.760 --> 0:43:56.840
<v Speaker 1>Thomas situation was quite different. He did not during his

0:43:56.960 --> 0:44:00.560
<v Speaker 1>testimony call out a kind of enemies list to people

0:44:00.640 --> 0:44:04.520
<v Speaker 1>that he blamed for destroying his life. His general comments

0:44:04.560 --> 0:44:08.279
<v Speaker 1>about a high tech lynching and about the unfairness of

0:44:08.320 --> 0:44:11.960
<v Speaker 1>the process did not put him in a situation where

0:44:12.320 --> 0:44:15.279
<v Speaker 1>he had a kind of presumption to overcome that there

0:44:15.280 --> 0:44:20.680
<v Speaker 1>were groups whose cases he would not hear Impartially, Unfortunately

0:44:20.760 --> 0:44:25.440
<v Speaker 1>for Justice Kavanagh, he is in that very situation. He

0:44:25.560 --> 0:44:29.840
<v Speaker 1>might bend over backwards in order to rule in favor

0:44:29.960 --> 0:44:33.040
<v Speaker 1>of groups that he called out as his enemies, in

0:44:33.160 --> 0:44:37.600
<v Speaker 1>order to prove a point. He might worry that it

0:44:37.640 --> 0:44:41.440
<v Speaker 1>looks like he's bending over backwards whenever he rules in

0:44:41.560 --> 0:44:44.279
<v Speaker 1>favor of planned parenthood or the a c l U

0:44:44.640 --> 0:44:48.360
<v Speaker 1>or the National Resources Defense Fund. I would hate to

0:44:48.360 --> 0:44:53.000
<v Speaker 1>be in his situation of not knowing what positions will

0:44:53.080 --> 0:44:56.640
<v Speaker 1>seem fair and be fair. But he's got all of

0:44:56.680 --> 0:44:59.840
<v Speaker 1>that to grapple with in a way that no justice

0:45:00.040 --> 0:45:02.279
<v Speaker 1>our history has ever done. What do you think are

0:45:02.320 --> 0:45:08.480
<v Speaker 1>the major issues now that Kavanaugh has replaced Kennedy where

0:45:08.560 --> 0:45:10.879
<v Speaker 1>the Court will move to the right. I mean, of course,

0:45:10.920 --> 0:45:14.040
<v Speaker 1>everybody talks about abortion rights, but the consequences are far

0:45:14.160 --> 0:45:17.600
<v Speaker 1>larger than just that. That's right. I think the issues

0:45:17.640 --> 0:45:21.680
<v Speaker 1>on which the Court is bound to tilt further right

0:45:22.040 --> 0:45:26.360
<v Speaker 1>with Kavanaugh than Kennedy include not just abortion, but all

0:45:26.400 --> 0:45:30.960
<v Speaker 1>of the surrounding issues of sexual autonomy and freedom and

0:45:31.080 --> 0:45:36.360
<v Speaker 1>personal liberty beyond those that are very narrowly and specifically

0:45:36.719 --> 0:45:43.280
<v Speaker 1>enumerated in the Constitution, issues about contraception, sexual choice, same

0:45:43.360 --> 0:45:47.040
<v Speaker 1>sex marriage, all of those questions, I think the Court

0:45:47.080 --> 0:45:49.840
<v Speaker 1>will turn to the right. It will certainly turn to

0:45:49.880 --> 0:45:54.600
<v Speaker 1>the right on religious exemptions from anti discrimination rules. It

0:45:54.640 --> 0:45:57.480
<v Speaker 1>will turn to the right on affirmative action based on

0:45:58.200 --> 0:46:03.960
<v Speaker 1>considerations like race. It will essentially eliminate, I think in

0:46:04.120 --> 0:46:09.800
<v Speaker 1>a legitimate use of race by government in enhancing diversity

0:46:09.960 --> 0:46:13.360
<v Speaker 1>or inclusion. It will also move to the right on

0:46:13.920 --> 0:46:20.440
<v Speaker 1>presidential power and the immunity of a president from legal accountability.

0:46:20.520 --> 0:46:24.200
<v Speaker 1>It's very likely to turn to the right on issues

0:46:24.280 --> 0:46:28.400
<v Speaker 1>of campaign finance and the use of free speech to

0:46:28.600 --> 0:46:33.040
<v Speaker 1>limit government regulation where information is part of the market,

0:46:33.719 --> 0:46:40.440
<v Speaker 1>and where there's an attempt to reduce disparities in wealth

0:46:40.680 --> 0:46:46.279
<v Speaker 1>and make wealth less determinant in political power. So on

0:46:46.360 --> 0:46:50.480
<v Speaker 1>every important question, the Court has bound to tie further

0:46:50.640 --> 0:46:53.960
<v Speaker 1>right under Kavanaugh. Do you think that Roe v. Wade

0:46:53.960 --> 0:46:59.000
<v Speaker 1>will be overturned? I don't think that we will ever see,

0:46:59.360 --> 0:47:03.360
<v Speaker 1>at least in the foreseeable future, a decision that uses

0:47:03.400 --> 0:47:07.440
<v Speaker 1>those words Roe v. Wade is hereby overruled. But the

0:47:07.480 --> 0:47:10.400
<v Speaker 1>Court wouldn't need ever to say that. In order to

0:47:10.600 --> 0:47:14.799
<v Speaker 1>essentially hollow out and gut the rights of women to

0:47:14.840 --> 0:47:19.840
<v Speaker 1>control their reproductive freedom. The Court could uphold every imaginable,

0:47:20.160 --> 0:47:25.640
<v Speaker 1>politically achievable restriction on abortion without ever actually overruling Roe v.

0:47:25.800 --> 0:47:30.560
<v Speaker 1>Wade and triggering a gratuitous backlash. So you're saying, in essence,

0:47:30.640 --> 0:47:35.080
<v Speaker 1>it would be overturned, but not in those words. I

0:47:35.120 --> 0:47:38.319
<v Speaker 1>think that's exactly right. I think that the rights of

0:47:38.400 --> 0:47:43.759
<v Speaker 1>women to control their own reproductive lives are very much

0:47:43.840 --> 0:47:47.359
<v Speaker 1>on the line, not in terms of a decision that

0:47:47.480 --> 0:47:51.440
<v Speaker 1>waves a red flag and says Row is overruled, but

0:47:51.560 --> 0:47:57.160
<v Speaker 1>in terms of decisions upholding restrictions on women that make

0:47:57.239 --> 0:48:00.279
<v Speaker 1>it impossible for all but the wealthiest women in the

0:48:00.320 --> 0:48:04.880
<v Speaker 1>most liberal states to control their lives. And that doesn't

0:48:04.920 --> 0:48:10.400
<v Speaker 1>mean only restrictions on abortion. People don't seem to realize

0:48:10.440 --> 0:48:14.280
<v Speaker 1>that this is a two sided coin. The same government

0:48:14.320 --> 0:48:17.200
<v Speaker 1>that has the power to tell a woman you must

0:48:17.360 --> 0:48:21.040
<v Speaker 1>remain pregnant, you can't have an abortion, may also end

0:48:21.120 --> 0:48:24.040
<v Speaker 1>up having the power to tell her we don't want

0:48:24.080 --> 0:48:26.719
<v Speaker 1>you to have this baby, you have to have an abortion.

0:48:27.320 --> 0:48:31.640
<v Speaker 1>That was one of the decisions that Justice Kevanaugh when

0:48:31.680 --> 0:48:34.680
<v Speaker 1>he was a judge on the DC Circuit, effectively upheld

0:48:35.360 --> 0:48:39.799
<v Speaker 1>when he said that women of limited intellectual capacity at

0:48:39.840 --> 0:48:43.960
<v Speaker 1>birth can be required to have elective surgery, and the

0:48:44.040 --> 0:48:49.520
<v Speaker 1>decision actually included abortion. So that this is not a

0:48:49.520 --> 0:48:54.840
<v Speaker 1>anti abortion justice alone. It seems to be an anti

0:48:54.960 --> 0:48:58.839
<v Speaker 1>choice justice, and it's a knife that people will learn

0:48:58.920 --> 0:49:03.680
<v Speaker 1>in time can cut both ways. Wow, Well, that's pretty

0:49:03.800 --> 0:49:07.640
<v Speaker 1>chilling Um one final question before we let you go. Um.

0:49:07.719 --> 0:49:12.040
<v Speaker 1>One of the things that Judge Kavanaugh mentioned during his

0:49:12.520 --> 0:49:15.480
<v Speaker 1>hearing was that he was really upset that he probably

0:49:15.520 --> 0:49:18.240
<v Speaker 1>wouldn't be allowed to teach at Harvard Law School again.

0:49:18.840 --> 0:49:20.600
<v Speaker 1>Do you think he should be allowed to teach at

0:49:20.640 --> 0:49:24.400
<v Speaker 1>Harvard Law School in the future. Well, no, that isn't

0:49:24.480 --> 0:49:28.000
<v Speaker 1>really an issue before is he decided himself not to

0:49:28.120 --> 0:49:32.600
<v Speaker 1>teach at Harvard next spring, next winter. Um, And I

0:49:32.640 --> 0:49:35.719
<v Speaker 1>have no idea what the future will hold. But if

0:49:35.760 --> 0:49:38.000
<v Speaker 1>a year from now he decided he wanted to come back,

0:49:38.040 --> 0:49:40.399
<v Speaker 1>would you have a problem with that? You know, I'd

0:49:40.480 --> 0:49:43.000
<v Speaker 1>rather not across that bridge until I come to it.

0:49:43.040 --> 0:49:46.600
<v Speaker 1>I don't believe we should be preventing anyone from teaching

0:49:46.640 --> 0:49:48.759
<v Speaker 1>who is as good and interesting a teacher as he

0:49:48.880 --> 0:49:52.479
<v Speaker 1>is just because we disagree with him. But in this case,

0:49:52.520 --> 0:49:55.200
<v Speaker 1>it's not just disagreement. I mean, I can easily see

0:49:55.280 --> 0:49:59.080
<v Speaker 1>students saying it's not a good example to have someone

0:49:59.120 --> 0:50:02.200
<v Speaker 1>who seems to have committed perjury to become a justice

0:50:02.360 --> 0:50:05.560
<v Speaker 1>to be on our faculty. It's not a good example

0:50:05.640 --> 0:50:10.680
<v Speaker 1>to have someone who probably committed attempted rape teaching our students.

0:50:11.280 --> 0:50:14.120
<v Speaker 1>I'm not saying that myself, but I would certainly have

0:50:14.200 --> 0:50:16.239
<v Speaker 1>a lot of sympathy for students who did say it,

0:50:16.520 --> 0:50:20.200
<v Speaker 1>for people listening to this podcast, Larry and Closing, who

0:50:20.280 --> 0:50:23.920
<v Speaker 1>believe in many of the things that now a five

0:50:24.080 --> 0:50:28.239
<v Speaker 1>for majority on the Supreme Court, that that majority does

0:50:28.280 --> 0:50:32.640
<v Speaker 1>not believe in. What would you advise the average American

0:50:32.760 --> 0:50:38.560
<v Speaker 1>citizen to do, who possibly feels powerless at this juncture.

0:50:39.400 --> 0:50:43.239
<v Speaker 1>I think citizens are only as powerless as they let

0:50:43.280 --> 0:50:47.799
<v Speaker 1>themselves become. I would advise people to vote. I would

0:50:47.840 --> 0:50:51.440
<v Speaker 1>advise people to urge others to vote. The number of

0:50:51.440 --> 0:50:54.320
<v Speaker 1>people who are registered to vote and then don't vote

0:50:54.400 --> 0:50:58.799
<v Speaker 1>is staggering in this country. Elections do have consequences. We

0:50:58.880 --> 0:51:02.360
<v Speaker 1>have seen it in a dramatic way. If that means

0:51:02.440 --> 0:51:06.319
<v Speaker 1>that people should take power back. If we have a

0:51:06.400 --> 0:51:10.400
<v Speaker 1>majority of both the House and the Senate and eventually

0:51:10.560 --> 0:51:13.759
<v Speaker 1>retake the White House, we will have power to do

0:51:13.800 --> 0:51:17.239
<v Speaker 1>a great many things. We will have power to change

0:51:18.040 --> 0:51:22.319
<v Speaker 1>a great many things by legislation carefully designed to be

0:51:23.120 --> 0:51:27.120
<v Speaker 1>as invulnerable as possible, even to the decisions of a

0:51:27.239 --> 0:51:32.239
<v Speaker 1>very conservative court. Some people are talking about changing the

0:51:32.360 --> 0:51:36.040
<v Speaker 1>terms of justices so that they serve for only eighteen

0:51:36.120 --> 0:51:39.200
<v Speaker 1>years on the court and then serve on the lower courts.

0:51:39.280 --> 0:51:43.040
<v Speaker 1>I think that's worth examining. The question of whether we

0:51:43.080 --> 0:51:47.160
<v Speaker 1>should have a larger court than just nine is worth examining.

0:51:47.760 --> 0:51:50.040
<v Speaker 1>But I think the first thing to do is vote,

0:51:50.560 --> 0:51:55.360
<v Speaker 1>and when we have political power, the options are unlimited.

0:51:55.520 --> 0:51:58.279
<v Speaker 1>On that note, Larry Tribe, thank you so much for

0:51:58.320 --> 0:52:00.680
<v Speaker 1>your time. It's great to talk up to you, and

0:52:00.719 --> 0:52:07.960
<v Speaker 1>thanks for your expertise on all these topics. So that

0:52:08.000 --> 0:52:10.520
<v Speaker 1>wraps it up for us today. Before we go, though,

0:52:10.560 --> 0:52:13.000
<v Speaker 1>we want to introduce you all to our new producer,

0:52:13.080 --> 0:52:16.800
<v Speaker 1>Emma more constern no relation to Rhoda, by the way.

0:52:16.960 --> 0:52:19.200
<v Speaker 1>We're very excited to have her on board and we

0:52:19.280 --> 0:52:22.480
<v Speaker 1>want to thank her for her work on this week's show. Also,

0:52:22.640 --> 0:52:25.400
<v Speaker 1>it means it's time to say goodbye to Gianna Palmer,

0:52:26.840 --> 0:52:30.480
<v Speaker 1>our outgoing producer of over two years, who's apparently onto

0:52:30.560 --> 0:52:33.960
<v Speaker 1>bigger and better things, well or smaller worse things, which

0:52:34.000 --> 0:52:36.400
<v Speaker 1>is what I choose to think anyway, Thanks as usual

0:52:36.480 --> 0:52:40.640
<v Speaker 1>to our associate producer Nora Richie, our audio engineer Jared O'Connell,

0:52:40.640 --> 0:52:42.880
<v Speaker 1>all the nice people who haven't left us. No I'm kidding,

0:52:43.719 --> 0:52:46.840
<v Speaker 1>Julian Nicholson and Mark Holden and Invisible Studios helped with

0:52:46.880 --> 0:52:51.719
<v Speaker 1>today's episode, as did Karin Smith at kpf A in Berkeley, California,

0:52:51.840 --> 0:52:55.840
<v Speaker 1>and Jen Stanley in one of my favorite places, Brookline, Massachusetts.

0:52:55.840 --> 0:52:58.359
<v Speaker 1>You're so good at the guilt thing, Brian. And where

0:52:58.400 --> 0:53:01.960
<v Speaker 1>would I be without my assistant Beth de Mos Probably summer.

0:53:02.080 --> 0:53:04.719
<v Speaker 1>I'm not supposed to be, that's for sure, So thank

0:53:04.760 --> 0:53:07.240
<v Speaker 1>you Beth. And a big thank you to Julia Lewis,

0:53:07.600 --> 0:53:11.080
<v Speaker 1>my social media right hand woman. Mark Phillips wrote our

0:53:11.160 --> 0:53:13.600
<v Speaker 1>theme music. You can find me on Twitter under at

0:53:13.680 --> 0:53:16.680
<v Speaker 1>Goldsmith B and you can find Katie on Instagram, Twitter,

0:53:16.800 --> 0:53:20.200
<v Speaker 1>all over the social media platforms under what Else Katie

0:53:20.200 --> 0:53:24.239
<v Speaker 1>Current pretty much Instagram Stories seven and as always, we

0:53:24.320 --> 0:53:26.640
<v Speaker 1>want to hear from you all. You can send us

0:53:26.640 --> 0:53:30.759
<v Speaker 1>an email or voice memo at comments at correct podcast

0:53:30.840 --> 0:53:34.239
<v Speaker 1>dot com or leave us an old fashioned voicemail by

0:53:34.280 --> 0:53:38.440
<v Speaker 1>calling nine to nine two to four, four six three seven.

0:53:38.600 --> 0:53:42.040
<v Speaker 1>I love hearing from you as always, Thanks so much

0:53:42.080 --> 0:53:44.560
<v Speaker 1>for listening, and we'll talk to you next week and

0:53:44.640 --> 0:53:48.640
<v Speaker 1>Gianna will miss you. Thank you for everything. We love you, Gianna.

0:53:48.760 --> 0:53:49.319
<v Speaker 1>Good luck