1 00:00:00,040 --> 00:00:02,840 Speaker 1: Now it's time for our daily Bloomberg Law Brief, exploring 2 00:00:02,920 --> 00:00:04,840 Speaker 1: legal issues in the news, and the law Brief is 3 00:00:04,840 --> 00:00:09,600 Speaker 1: brought to you by American Arbitration Association. Business disputes are inevitable, 4 00:00:09,640 --> 00:00:13,640 Speaker 1: resolve faster with the American Arbitration Association, the global leader 5 00:00:13,640 --> 00:00:17,520 Speaker 1: in alternative dispute resolution for over ninety years. More at 6 00:00:17,600 --> 00:00:21,360 Speaker 1: a d r dot org. Today Bloomberg, Lajos, Reig Store, 7 00:00:21,360 --> 00:00:24,639 Speaker 1: and Michael Best discussed President Trump's efforts to shift the 8 00:00:24,760 --> 00:00:28,240 Speaker 1: nation's judiciary to the right with a slate of conservative 9 00:00:28,280 --> 00:00:31,880 Speaker 1: Appeals Cord nominees. They speak with Jonathan Adler, a professor 10 00:00:31,920 --> 00:00:36,080 Speaker 1: at Case Western University Law School, and Billy Courier, Deputy 11 00:00:36,120 --> 00:00:40,600 Speaker 1: director of Legal Progress at the Center for American Progress. Billy, 12 00:00:40,760 --> 00:00:44,440 Speaker 1: do you see any uh fundamental difference between the way 13 00:00:44,640 --> 00:00:47,560 Speaker 1: Donald Trump is approaching judge ships and the way Barack 14 00:00:47,560 --> 00:00:51,319 Speaker 1: Obama or George Bush or any other recent president did? Yeah? 15 00:00:51,360 --> 00:00:53,680 Speaker 1: I believe so. I mean, the President explicitly said that 16 00:00:53,720 --> 00:00:58,080 Speaker 1: he's outsourcing his Supreme Court nominee list to the Federalist 17 00:00:58,120 --> 00:01:01,560 Speaker 1: Society and the Heritage and that unprecedented, Um, you know, 18 00:01:01,600 --> 00:01:04,039 Speaker 1: not just the list, but having these outside groups actually 19 00:01:04,080 --> 00:01:07,200 Speaker 1: draw up the list, um. And I think also, um, 20 00:01:07,240 --> 00:01:10,080 Speaker 1: you know, the President has disregarded the American Bar Association's 21 00:01:10,120 --> 00:01:12,720 Speaker 1: historic role in this process, and that was something that 22 00:01:12,760 --> 00:01:15,959 Speaker 1: of course President Bush did as well. Um. But I 23 00:01:16,000 --> 00:01:18,760 Speaker 1: think it's something that shows that the president is relying 24 00:01:18,880 --> 00:01:22,040 Speaker 1: on these right wing groups rather than uh, the American 25 00:01:22,080 --> 00:01:25,280 Speaker 1: Bar Association, which historically played a big role in recommending 26 00:01:25,360 --> 00:01:29,200 Speaker 1: or not recommending nominees. Jonathan. Given the number of judge 27 00:01:29,240 --> 00:01:32,280 Speaker 1: hips that are open right now, how big an impact 28 00:01:32,319 --> 00:01:35,840 Speaker 1: really can we expect President Trump's nominees to have as 29 00:01:35,880 --> 00:01:38,600 Speaker 1: far as how the lug gets interpreted in the country. Sure, well, 30 00:01:38,640 --> 00:01:41,240 Speaker 1: in terms of numbers, it takes a long time for 31 00:01:41,280 --> 00:01:44,480 Speaker 1: a single president, uh to really alter the composition of 32 00:01:44,560 --> 00:01:47,880 Speaker 1: the federal courts. As a general rule, we can assume 33 00:01:47,920 --> 00:01:50,760 Speaker 1: that a president in a single four year term will 34 00:01:50,800 --> 00:01:54,840 Speaker 1: get to nominate about one fifth of the federal judiciary. 35 00:01:55,280 --> 00:01:57,800 Speaker 1: And so two term president has a very substantial impact. 36 00:01:57,840 --> 00:02:01,520 Speaker 1: And President Obama, for example, and he took office, there 37 00:02:01,560 --> 00:02:03,720 Speaker 1: was one federal appellate court that had a majority of 38 00:02:03,720 --> 00:02:07,720 Speaker 1: Democratic nominees on it when he became president. When he left, 39 00:02:07,760 --> 00:02:09,920 Speaker 1: I believe it was seven or eight that have a 40 00:02:10,000 --> 00:02:14,320 Speaker 1: majority Democratic nominees um for President Trump. UM. There's certainly 41 00:02:14,360 --> 00:02:17,480 Speaker 1: are a decent number of vacancies now, but there's only 42 00:02:17,520 --> 00:02:20,600 Speaker 1: one federal appellate court um that could that could have 43 00:02:20,639 --> 00:02:24,240 Speaker 1: its balance altered based on existing vacancies, and that's the 44 00:02:24,280 --> 00:02:27,280 Speaker 1: Third Circuit UH, and it would take time in additional 45 00:02:27,280 --> 00:02:31,600 Speaker 1: retirements for his nominees to have that sort of impact. 46 00:02:32,280 --> 00:02:36,239 Speaker 1: That's Jonathan Adler, a professor at Case Western University Law School, 47 00:02:36,280 --> 00:02:39,000 Speaker 1: and Billy Courier speaking with the Bloomberg Law host Greg 48 00:02:39,120 --> 00:02:41,760 Speaker 1: Stewart and Michael Best. You can listen to Bloomberg Law 49 00:02:41,760 --> 00:02:45,840 Speaker 1: weekdays at one pm Wall Street time here on Bloomberg Radio, 50 00:02:46,160 --> 00:02:48,680 Speaker 1: and that is this morning's Bloomberg Law Brief. You can 51 00:02:48,680 --> 00:02:51,200 Speaker 1: find more legal news at Bloomberg Law dot com and 52 00:02:51,200 --> 00:02:55,000 Speaker 1: Bloomberg b n a dot com. Attorneys will find exceptional 53 00:02:55,080 --> 00:02:58,120 Speaker 1: legal research and business development tools there as well. Visit 54 00:02:58,120 --> 00:03:01,440 Speaker 1: Bloomberg Law dot com and bloom b n a dot 55 00:03:01,480 --> 00:03:03,200 Speaker 1: com for more information