1 00:00:00,560 --> 00:00:05,360 Speaker 1: This is Bloomberg Law with June Grasso from Bloomberg Radio. 2 00:00:05,760 --> 00:00:10,000 Speaker 1: President Trump's pushed to reshape the federal judiciary with conservatives 3 00:00:10,119 --> 00:00:12,600 Speaker 1: is likely to slow this year, as most of the 4 00:00:12,640 --> 00:00:15,760 Speaker 1: remaining vacant seats are for district courts in blue states 5 00:00:15,800 --> 00:00:19,479 Speaker 1: like California. In the short term, however, there's no slowing 6 00:00:19,520 --> 00:00:23,160 Speaker 1: down the Republican led Senate. Right after the lawmakers acquitted 7 00:00:23,160 --> 00:00:27,080 Speaker 1: Trump on two articles of impeachment, Majority leader Mitch McConnell 8 00:00:27,120 --> 00:00:30,480 Speaker 1: went back to his quest of transforming the federal courts, 9 00:00:30,880 --> 00:00:34,720 Speaker 1: teeing up judicial nominees for votes, and the Senate confirmed 10 00:00:34,800 --> 00:00:37,960 Speaker 1: Andrew Brasher to the Eleventh Circuit Court of Appeals last 11 00:00:37,960 --> 00:00:40,800 Speaker 1: week along a party line vote of fifty two to 12 00:00:40,920 --> 00:00:44,560 Speaker 1: forty three and over the opposition of Democrats and civil 13 00:00:44,680 --> 00:00:48,320 Speaker 1: rights groups, including the n double a CP. Brasher was 14 00:00:48,360 --> 00:00:51,760 Speaker 1: the fifty first Trump nominee confirmed to a circuit court. 15 00:00:52,159 --> 00:00:55,400 Speaker 1: Joining me is an expert on the federal judiciary. Carl Tobias, 16 00:00:55,440 --> 00:00:58,160 Speaker 1: a professor at the University of Richmond School of Law. 17 00:00:58,880 --> 00:01:02,040 Speaker 1: The Eleventh Circuit was ready flips, so to speak. So 18 00:01:02,080 --> 00:01:07,280 Speaker 1: how important is it to have one more conservative judge? Well, 19 00:01:07,480 --> 00:01:11,800 Speaker 1: it is important in the sense that President Trump has 20 00:01:11,840 --> 00:01:16,200 Speaker 1: been able to confirm half of the active judges on 21 00:01:16,319 --> 00:01:21,400 Speaker 1: that court. He's had six confirmations, and that's incredible if 22 00:01:21,400 --> 00:01:24,440 Speaker 1: you think about that in terms of how many appointments 23 00:01:24,440 --> 00:01:27,119 Speaker 1: any particular president is able to make on the court. 24 00:01:27,200 --> 00:01:31,120 Speaker 1: So he really has remade the court. We'll see in Plus, 25 00:01:31,120 --> 00:01:34,360 Speaker 1: you're replacing people in the sixties and seventies with people 26 00:01:34,400 --> 00:01:37,119 Speaker 1: who are in their thirties and forties, and so it 27 00:01:37,160 --> 00:01:40,120 Speaker 1: makes an enormous difference. For example, Brasher, I think is 28 00:01:40,120 --> 00:01:43,119 Speaker 1: thirty eight. Do they stay on the court until they 29 00:01:43,160 --> 00:01:47,319 Speaker 1: retire and when they're nominated this young yes, I think so. 30 00:01:48,000 --> 00:01:51,560 Speaker 1: Most federal judges assume senior status and then you know, 31 00:01:51,600 --> 00:01:55,760 Speaker 1: take a half load and many of them never resigned. 32 00:01:56,160 --> 00:01:59,760 Speaker 1: Some retire, but a very small percentage. And so you 33 00:01:59,760 --> 00:02:02,120 Speaker 1: have judges in their eighties on the number of the 34 00:02:02,160 --> 00:02:05,240 Speaker 1: courts around the country, and some of them are our 35 00:02:05,280 --> 00:02:10,920 Speaker 1: most experienced judges. So it's a long window. And why not, 36 00:02:11,160 --> 00:02:13,359 Speaker 1: I mean, you're taking a half load usually when you 37 00:02:13,480 --> 00:02:17,760 Speaker 1: take senior status. Let's talk about Brasher, because he was 38 00:02:17,880 --> 00:02:22,280 Speaker 1: opposed by Democrats, civil rights groups including the n double 39 00:02:22,320 --> 00:02:25,720 Speaker 1: A c P. Why was he opposed. Well, I think 40 00:02:25,720 --> 00:02:28,960 Speaker 1: it principally went back to much of his work as 41 00:02:29,000 --> 00:02:35,000 Speaker 1: solicitor General in Alabama, basically defending a number of initiatives 42 00:02:35,040 --> 00:02:39,360 Speaker 1: of the state legislature, and many of them, at least 43 00:02:39,639 --> 00:02:43,160 Speaker 1: the civil rights groups said, suppressed voter turnout and suppressed 44 00:02:43,240 --> 00:02:48,520 Speaker 1: voter write those kinds of questions. He litigated on behalf 45 00:02:48,520 --> 00:02:51,560 Speaker 1: of Alabama, essentially defending them, and they were very concerned 46 00:02:51,560 --> 00:02:53,959 Speaker 1: about that. But they seem to find a pretty long 47 00:02:54,040 --> 00:02:56,440 Speaker 1: history for someone who hadn't been a lawyer that long. 48 00:02:56,760 --> 00:02:59,480 Speaker 1: And of course the Republicans defended that by saying, this 49 00:02:59,560 --> 00:03:03,320 Speaker 1: was his client and that's the state, and your complaints 50 00:03:03,320 --> 00:03:06,960 Speaker 1: should be with the legislature, not with the person who 51 00:03:06,960 --> 00:03:12,280 Speaker 1: defends them. And the Eleventh Circuit is especially important for 52 00:03:12,400 --> 00:03:17,400 Speaker 1: election law. It covers Alabama, Florida, and Georgia. So how 53 00:03:17,440 --> 00:03:20,440 Speaker 1: often do election law issues come up there? I think 54 00:03:20,680 --> 00:03:24,960 Speaker 1: rather frequently, as you suggest, and large percentages of African 55 00:03:24,960 --> 00:03:31,160 Speaker 1: Americans who historically have had difficulty voting as recently as 56 00:03:31,480 --> 00:03:35,000 Speaker 1: this year, I think in Georgia and Alabama, so some 57 00:03:35,040 --> 00:03:37,280 Speaker 1: of the most important voting rights cases have come out 58 00:03:37,280 --> 00:03:41,720 Speaker 1: of there. Shelby County was one which rolled back the 59 00:03:41,800 --> 00:03:44,520 Speaker 1: Voting Rights Act, but there are many, many others and 60 00:03:44,560 --> 00:03:48,480 Speaker 1: that litigation is ongoing. Did he receive a qualified rating 61 00:03:48,720 --> 00:03:51,280 Speaker 1: from the A B A. I think he had well 62 00:03:51,360 --> 00:03:56,320 Speaker 1: qualified because you know, he had served for seven months, 63 00:03:56,360 --> 00:04:00,560 Speaker 1: and that's another criticism as a district judge. Are there 64 00:04:00,600 --> 00:04:07,040 Speaker 1: any other circuit court nominees? There is only one appellate 65 00:04:07,120 --> 00:04:10,880 Speaker 1: vacancy in the country right now. Uh next in Mississippi. 66 00:04:10,880 --> 00:04:15,640 Speaker 1: It's an emergency vacancy for which Oserden, a district judge, 67 00:04:15,680 --> 00:04:19,719 Speaker 1: was nominated. But he's been opposed by two Republicans on 68 00:04:19,760 --> 00:04:24,480 Speaker 1: the committee and his name has not been sent back 69 00:04:24,760 --> 00:04:28,720 Speaker 1: to the Senate. So it seems that either he has 70 00:04:28,760 --> 00:04:31,120 Speaker 1: decided to withdraw or the White House has decided to 71 00:04:31,160 --> 00:04:34,960 Speaker 1: withdraw his name. So the Republicans will have to find 72 00:04:34,960 --> 00:04:37,880 Speaker 1: somebody very quickly if they intend to fill that seat. 73 00:04:38,279 --> 00:04:42,719 Speaker 1: And don't forget Mitch McConnell has said that his thinking 74 00:04:42,960 --> 00:04:48,039 Speaker 1: is no vacancy left behind, so anyone nominated he's promising 75 00:04:48,240 --> 00:04:51,480 Speaker 1: will be confirmed. But they don't have someone right now, 76 00:04:52,000 --> 00:04:54,960 Speaker 1: though there are rumors about who might fill that seat, 77 00:04:55,360 --> 00:04:58,880 Speaker 1: and he was opposed by the Republicans as being not 78 00:04:59,160 --> 00:05:05,039 Speaker 1: conservative enough. Yes, the two senators were Holly from Missouri 79 00:05:05,080 --> 00:05:09,000 Speaker 1: and Senator Cruz from Texas, and in his hearing they 80 00:05:09,040 --> 00:05:13,360 Speaker 1: grilled him on some of his cases where they felt 81 00:05:13,600 --> 00:05:20,120 Speaker 1: that he was not sufficiently rigorous in helping opponents of abortion. 82 00:05:20,320 --> 00:05:23,080 Speaker 1: I think it was a healthcare case, but he pointed 83 00:05:23,120 --> 00:05:25,920 Speaker 1: out in the hearing that he was just following the 84 00:05:26,040 --> 00:05:29,320 Speaker 1: circuit precedent. He was bound by that president. According to 85 00:05:29,400 --> 00:05:33,800 Speaker 1: the judge. The two senators have maintained that they don't 86 00:05:33,839 --> 00:05:36,360 Speaker 1: think he's conservative enough, and so they intend to vote 87 00:05:36,360 --> 00:05:39,400 Speaker 1: against him, and Senator Graham, the chair does not want 88 00:05:39,680 --> 00:05:42,200 Speaker 1: to go forward with a vote he can't win, and 89 00:05:42,279 --> 00:05:44,880 Speaker 1: so that's where we are. I've been talking with Professor 90 00:05:44,920 --> 00:05:48,400 Speaker 1: Carl Tobias of the University of Richmond Law School about 91 00:05:48,440 --> 00:05:52,520 Speaker 1: President Trump's pushed to reshape the federal judiciary. Let's turn 92 00:05:52,600 --> 00:05:56,880 Speaker 1: to the district courts. So the majority of the about 93 00:05:57,160 --> 00:06:01,640 Speaker 1: seventy current and future vacancy these are in blue states. 94 00:06:01,640 --> 00:06:05,800 Speaker 1: Explain why it's a blue state red state thing for 95 00:06:06,000 --> 00:06:10,000 Speaker 1: judicial nominees. Well, it's especially true at the district level 96 00:06:10,680 --> 00:06:15,760 Speaker 1: because Senator Graham's chair is still honoring the blue slips 97 00:06:15,839 --> 00:06:21,240 Speaker 1: and so uh if home state senators a Democrat and 98 00:06:21,360 --> 00:06:25,480 Speaker 1: disagrees with the White House on a particular nomination, then 99 00:06:25,720 --> 00:06:28,400 Speaker 1: that nomination does not go forward, there's no hearing in 100 00:06:28,400 --> 00:06:32,080 Speaker 1: the process is over. And so those are more difficult 101 00:06:32,120 --> 00:06:34,559 Speaker 1: for this White House and most White Houses to fill 102 00:06:35,040 --> 00:06:43,080 Speaker 1: when the opposition party has to agree. And so basically, 103 00:06:43,480 --> 00:06:46,880 Speaker 1: the Republicans have found it much easier when there are 104 00:06:46,880 --> 00:06:49,760 Speaker 1: two home state senators who are Republicans to go ahead 105 00:06:49,800 --> 00:06:53,400 Speaker 1: and fill those seats. And so that's a big part 106 00:06:53,440 --> 00:06:57,599 Speaker 1: of it. And of course, the two major jurisdictions that 107 00:06:57,680 --> 00:07:02,040 Speaker 1: we see our California which has six emergency district vacancies 108 00:07:02,480 --> 00:07:05,440 Speaker 1: and no one has been confirmed, though they now have 109 00:07:05,680 --> 00:07:08,960 Speaker 1: nominees for all the seats, but it's doubtful they'll all 110 00:07:09,080 --> 00:07:12,560 Speaker 1: be confirmed this year. And then New York has had 111 00:07:12,720 --> 00:07:15,760 Speaker 1: as many as sixteen or seventeen a number have been 112 00:07:15,760 --> 00:07:20,520 Speaker 1: filled there now, so it's not as um bad as 113 00:07:20,520 --> 00:07:25,800 Speaker 1: it was. Um. But you might remember that Senator Schumer 114 00:07:26,120 --> 00:07:29,600 Speaker 1: is from New York, and of course Senator Feinstein and uh, 115 00:07:29,720 --> 00:07:33,880 Speaker 1: Senator Harris from California, and the President loves to rail 116 00:07:33,920 --> 00:07:38,320 Speaker 1: against the Ninth Circuit and the California District judges, so 117 00:07:39,280 --> 00:07:43,720 Speaker 1: um that may in part explain why they've been so slow. UM. 118 00:07:43,840 --> 00:07:46,960 Speaker 1: So we'll see what happens in those major states, but 119 00:07:47,400 --> 00:07:50,880 Speaker 1: there are many other blue states that have many vacancies. 120 00:07:50,960 --> 00:07:54,200 Speaker 1: New Jersey is the worst case scenarios, six emergencies, and 121 00:07:54,360 --> 00:07:58,160 Speaker 1: there's not yet been a Trump nominee, and so it 122 00:07:58,280 --> 00:08:01,080 Speaker 1: doesn't look like anything that's going to happened there, even 123 00:08:01,120 --> 00:08:05,440 Speaker 1: though they have only seventeen judges, so they're pretty much underwater. 124 00:08:05,560 --> 00:08:08,960 Speaker 1: If you talk to the New Jersey judges in that district. 125 00:08:09,600 --> 00:08:13,760 Speaker 1: Let's talk about how this really happens. Because Delaware has 126 00:08:13,800 --> 00:08:18,360 Speaker 1: had two district court nominees approved. Why is there success 127 00:08:18,400 --> 00:08:21,240 Speaker 1: in Delaware and not in New Jersey, which is in 128 00:08:21,240 --> 00:08:26,600 Speaker 1: an emergency situation. Well, because I think the home state 129 00:08:26,680 --> 00:08:33,280 Speaker 1: senators Coons and Carper from Delaware UM undertook extraordinary efforts 130 00:08:33,320 --> 00:08:37,040 Speaker 1: to work with the White House and find people who 131 00:08:37,040 --> 00:08:40,600 Speaker 1: were acceptable to the White House. One was called Connolly, 132 00:08:40,640 --> 00:08:42,440 Speaker 1: who had been the U S attorney for Bush. I 133 00:08:42,480 --> 00:08:44,800 Speaker 1: believe in the nominee but didn't make it at the 134 00:08:44,880 --> 00:08:50,320 Speaker 1: end of Bush and they thought he was uh find 135 00:08:50,400 --> 00:08:53,000 Speaker 1: US attorney, would be an excellent federal judge, and so 136 00:08:53,080 --> 00:08:56,680 Speaker 1: they offered him and the other person who is named Nerika, 137 00:08:56,720 --> 00:09:03,320 Speaker 1: who was well qualified um UM practitioner in Wilmington's and 138 00:09:03,440 --> 00:09:06,600 Speaker 1: so they were able to agree. Very similar thing has 139 00:09:06,640 --> 00:09:09,720 Speaker 1: happened in Illinois. Senator Durban has worked very closely with 140 00:09:09,760 --> 00:09:12,760 Speaker 1: the White House and they still have vacancies, but they 141 00:09:12,800 --> 00:09:16,720 Speaker 1: have nominees for the few vacancies that are left. So 142 00:09:16,880 --> 00:09:19,600 Speaker 1: where home state senators reach out and work closely with 143 00:09:19,640 --> 00:09:26,360 Speaker 1: the White House, then uh, their vacancies tend to be filled. Um. 144 00:09:26,440 --> 00:09:30,960 Speaker 1: And so there's some examples of that, UM. And I 145 00:09:31,000 --> 00:09:36,560 Speaker 1: think the New Jersey situation is just unfortunate. UM. I 146 00:09:36,600 --> 00:09:40,360 Speaker 1: think the senators have tried, but nothing has happened. So 147 00:09:40,400 --> 00:09:42,959 Speaker 1: then it's not only a problem with the Trump administration 148 00:09:43,000 --> 00:09:47,760 Speaker 1: but also the senators from that state. It can be uh, 149 00:09:48,080 --> 00:09:52,080 Speaker 1: but sometimes, for example, in California, I think that the 150 00:09:52,120 --> 00:09:56,880 Speaker 1: White House did not reach out to the senators and 151 00:09:56,960 --> 00:09:59,199 Speaker 1: it's a big state and they have lots of vacancies, 152 00:09:59,320 --> 00:10:05,520 Speaker 1: and the commissions they have take time, UM, but they 153 00:10:05,640 --> 00:10:09,199 Speaker 1: just haven't been able to move to get the nominations. 154 00:10:09,200 --> 00:10:12,200 Speaker 1: Once to get the nominations, they haven't moved through the 155 00:10:12,240 --> 00:10:19,000 Speaker 1: Senate and so uh that just creates these huge backlogs UM. 156 00:10:19,040 --> 00:10:22,880 Speaker 1: And the chief judges of the Eastern end, um Central 157 00:10:22,880 --> 00:10:26,160 Speaker 1: districts of California have written to the White House and 158 00:10:26,280 --> 00:10:31,760 Speaker 1: to the Senate Judiciary Committee pleading to to have those 159 00:10:31,840 --> 00:10:36,680 Speaker 1: vacancies filled. Now, is it true that no California District 160 00:10:36,760 --> 00:10:41,439 Speaker 1: Court nominee has made it through the confirmation under President Trump? Yes, 161 00:10:42,400 --> 00:10:46,679 Speaker 1: it's astonishing. It is. When you have sixteen emergency vacancies 162 00:10:46,720 --> 00:10:50,319 Speaker 1: out of sixty seats, that's a real problem. And they 163 00:10:50,400 --> 00:10:54,160 Speaker 1: had many of the judges carried double the case loads 164 00:10:54,200 --> 00:10:57,600 Speaker 1: of judges and other districts, so you can get a 165 00:10:57,640 --> 00:11:02,080 Speaker 1: sense of what how how bad it is in California. 166 00:11:02,600 --> 00:11:07,920 Speaker 1: I don't often hear Washington State mentioned in with judicial nominations, 167 00:11:07,960 --> 00:11:12,480 Speaker 1: but three of the Washington states western district spots have 168 00:11:12,559 --> 00:11:16,440 Speaker 1: been vacant for about four years, and the average age 169 00:11:16,679 --> 00:11:19,640 Speaker 1: of the district judges there is seventy six years old. 170 00:11:20,440 --> 00:11:23,280 Speaker 1: What's going on in Washington State four years? We can't 171 00:11:23,280 --> 00:11:27,000 Speaker 1: blame Trump for that, can we? Yes? We can, Um, 172 00:11:27,080 --> 00:11:31,200 Speaker 1: we can blame the Republicans for it. Before President Obama 173 00:11:31,240 --> 00:11:37,200 Speaker 1: head nominated three people for vacancies there, and well qualified 174 00:11:37,280 --> 00:11:40,599 Speaker 1: mainstream nominees, but they were held up by McConnell in 175 00:11:42,400 --> 00:11:46,240 Speaker 1: and UM, Now there are five vacancies and all five 176 00:11:46,280 --> 00:11:51,840 Speaker 1: are emergencies as you suggest, Um, but uh, no signs 177 00:11:52,160 --> 00:11:55,960 Speaker 1: of nominees moving forward. And I've heard from people in 178 00:11:56,040 --> 00:11:59,240 Speaker 1: Washington State that nothing is going to happen until after 179 00:11:59,280 --> 00:12:03,720 Speaker 1: the election, and so they have very much a crisis 180 00:12:03,760 --> 00:12:07,840 Speaker 1: situation in that state as well. Red state nominees take 181 00:12:07,880 --> 00:12:12,040 Speaker 1: about two hundred seventeen days to get from nomination to confirmation, 182 00:12:12,559 --> 00:12:16,959 Speaker 1: but blue state nominees take about four hundred and twelve days. 183 00:12:17,080 --> 00:12:20,880 Speaker 1: And that's a departure from Obama, where it took a 184 00:12:20,960 --> 00:12:24,720 Speaker 1: hundred nine days for Obama's blue state nominee to be 185 00:12:24,720 --> 00:12:29,800 Speaker 1: confirmed in two for red state nominees. So why is why, 186 00:12:29,960 --> 00:12:32,400 Speaker 1: what's the how do you account for that difference between 187 00:12:32,480 --> 00:12:36,080 Speaker 1: Trump and Obama? And the timing again, I mean, I 188 00:12:36,200 --> 00:12:41,760 Speaker 1: think that the Judiciary Committee just has um not moved 189 00:12:42,640 --> 00:12:46,600 Speaker 1: because first of all, the on the nominees, the White 190 00:12:46,600 --> 00:12:49,679 Speaker 1: House to lead nominating from blue states, and they went 191 00:12:49,720 --> 00:12:51,680 Speaker 1: to the whenever they were nominated, they went to the 192 00:12:51,679 --> 00:12:54,679 Speaker 1: back of the line, and so they haven't made that 193 00:12:54,760 --> 00:13:00,000 Speaker 1: a priority. And so for example, you have sixteen nomine 194 00:13:00,040 --> 00:13:03,520 Speaker 1: East for those emergency vacancies in California, and no one's 195 00:13:03,520 --> 00:13:07,240 Speaker 1: being confirmed. UM, and you can see the discrepancy. I 196 00:13:07,240 --> 00:13:10,920 Speaker 1: think in Bush's time to it would look like Obama Um, 197 00:13:10,960 --> 00:13:15,480 Speaker 1: there was no discrepancy or difference between UM, Blue states 198 00:13:15,520 --> 00:13:20,120 Speaker 1: and Red states. UM. But Um. This approach by the 199 00:13:20,160 --> 00:13:23,880 Speaker 1: White House and the Judiciary Committee has allowed them to 200 00:13:24,240 --> 00:13:29,040 Speaker 1: fill all but one appellate vacancy UM, and most of 201 00:13:29,040 --> 00:13:33,280 Speaker 1: the red state vacancies. But the Blue states are disadvantaged 202 00:13:33,360 --> 00:13:37,520 Speaker 1: and have been throughout the administration now, Carl. They rushed 203 00:13:37,520 --> 00:13:43,280 Speaker 1: to fill the appellate court vacancies because the appellate courts. 204 00:13:43,320 --> 00:13:47,040 Speaker 1: It's more important what your views are, isn't it than 205 00:13:47,160 --> 00:13:50,080 Speaker 1: district courts. I mean, so these district court judges who 206 00:13:50,200 --> 00:13:54,560 Speaker 1: do the everyday work, the trials, motion practice and stuff, 207 00:13:54,600 --> 00:13:58,520 Speaker 1: they should be easier to confirm, shouldn't they. Well, they 208 00:13:58,600 --> 00:14:02,560 Speaker 1: are easier to confirm, but more of them, Okay, And 209 00:14:02,679 --> 00:14:08,520 Speaker 1: so um it um. You're exactly right. Though, an appellate 210 00:14:08,640 --> 00:14:13,520 Speaker 1: judge UM typically issues an opinion which covers all of 211 00:14:13,559 --> 00:14:19,640 Speaker 1: the states in that UM circuits U states, and so 212 00:14:20,080 --> 00:14:26,760 Speaker 1: all judges in say, New York, UM, Connecticut, and Vermont 213 00:14:26,960 --> 00:14:30,560 Speaker 1: are bound by rulings of the second circuit um. But 214 00:14:30,760 --> 00:14:33,960 Speaker 1: a district judge can't even bind people in his or 215 00:14:34,000 --> 00:14:38,760 Speaker 1: her own courthouse with rulings and so as you can see, 216 00:14:39,000 --> 00:14:41,960 Speaker 1: and the Supreme Court takes so many, so few cases 217 00:14:42,600 --> 00:14:48,520 Speaker 1: that the Supreme Court for New York really is is 218 00:14:48,560 --> 00:14:53,360 Speaker 1: the second circuit. And so those positions are critically important, 219 00:14:53,960 --> 00:14:57,880 Speaker 1: and they just make more policy, cover more states um 220 00:14:58,000 --> 00:15:02,040 Speaker 1: and so um, and their fewer to them. And so 221 00:15:02,200 --> 00:15:06,560 Speaker 1: the administration has focused like a laser on the appellate courts, 222 00:15:06,600 --> 00:15:09,840 Speaker 1: and they have been very successful. In fact, there haven't 223 00:15:09,840 --> 00:15:16,360 Speaker 1: been that few vacancies since How many circuits has Trump 224 00:15:16,440 --> 00:15:20,360 Speaker 1: flipped And do you see a difference already? Well, I 225 00:15:20,360 --> 00:15:23,400 Speaker 1: think we are beginning to see it, um, But I 226 00:15:23,440 --> 00:15:29,920 Speaker 1: believe it's the second, third, and eleven that have flipped. 227 00:15:30,320 --> 00:15:33,360 Speaker 1: But of course you have to remember in some of 228 00:15:33,360 --> 00:15:37,240 Speaker 1: the other states that have not flipped, he has substantially 229 00:15:37,280 --> 00:15:43,760 Speaker 1: reinforced very conservative kind of perspectives of those circuits. And 230 00:15:43,760 --> 00:15:49,920 Speaker 1: I'm thinking for example, the fifth, the sixth, eight um, 231 00:15:50,120 --> 00:15:56,680 Speaker 1: the seventh to some extent um, and also perhaps the 232 00:15:56,760 --> 00:16:03,320 Speaker 1: ten so um, you know, having a substantial impact. I 233 00:16:03,360 --> 00:16:05,680 Speaker 1: think it's still a little early to see very many 234 00:16:05,680 --> 00:16:09,720 Speaker 1: cases because some of the judges have been appointed quite recently. Uh, 235 00:16:09,720 --> 00:16:13,440 Speaker 1: and they don't have you know, a full record, um, 236 00:16:13,480 --> 00:16:16,160 Speaker 1: and sit in three judge panels, but there have been 237 00:16:16,200 --> 00:16:20,280 Speaker 1: opinions that have been important in Sometimes the difference on 238 00:16:20,280 --> 00:16:24,040 Speaker 1: the three judge panel is one of the Trump appointees. Uh. 239 00:16:24,040 --> 00:16:27,320 Speaker 1: And that will just be magnified over time. Thanks for 240 00:16:27,320 --> 00:16:30,480 Speaker 1: being on Bloomberg Lack Carl. That's Carl Tobias, professor at 241 00:16:30,520 --> 00:16:33,600 Speaker 1: the University of Richmond School of Law. And that's it 242 00:16:33,680 --> 00:16:37,000 Speaker 1: for this edition of Bloomberg Law. I'm June Grasso. Thanks 243 00:16:37,000 --> 00:16:39,200 Speaker 1: so much for listening, and remember to tune to the 244 00:16:39,240 --> 00:16:42,600 Speaker 1: Bloomberg Law Show weeknights at ten pm right here on 245 00:16:42,600 --> 00:16:48,520 Speaker 1: Bloomberg Radio. Yeah.