1 00:00:01,200 --> 00:00:04,640 Speaker 1: Welcome to stuff you should know from how Stuff Works 2 00:00:04,680 --> 00:00:13,840 Speaker 1: dot com. Hey, and welcome to the podcast. I'm Josh Clark. 3 00:00:13,880 --> 00:00:16,920 Speaker 1: There's Charles W. Chuck Bryant, there's Jerry over there, and 4 00:00:17,000 --> 00:00:22,919 Speaker 1: this is who I object to what I don't know. 5 00:00:23,320 --> 00:00:25,360 Speaker 1: I don't think you object them from the Supreme Court. 6 00:00:25,400 --> 00:00:27,440 Speaker 1: I think they strike you down with lightning if you 7 00:00:27,720 --> 00:00:32,440 Speaker 1: talk out of turn. Yeah did they even uh geez, 8 00:00:32,440 --> 00:00:36,120 Speaker 1: I'd love to see one of those hearings. Yeah, they 9 00:00:36,120 --> 00:00:41,760 Speaker 1: even call them hearings. Uh, magic our right, I don't know. 10 00:00:41,920 --> 00:00:45,239 Speaker 1: I'm sure they do call them hearings. I'm almost positive 11 00:00:45,360 --> 00:00:47,639 Speaker 1: it's like shrouded in secrecy though, right, you never know. 12 00:00:47,920 --> 00:00:51,839 Speaker 1: I don't show that stuff on TV, do they like? No, 13 00:00:52,640 --> 00:00:54,920 Speaker 1: but they do have like like if you listen to 14 00:00:54,960 --> 00:00:59,320 Speaker 1: Nina Totenberg, she's a great Supreme Court reporter, and um, 15 00:00:59,360 --> 00:01:03,320 Speaker 1: it's all. It's not televised and I guess it is 16 00:01:03,360 --> 00:01:07,039 Speaker 1: just traditional reporting reporters that are allowed in there. But 17 00:01:07,080 --> 00:01:10,040 Speaker 1: it's not closed to the press or and he's not 18 00:01:10,200 --> 00:01:12,080 Speaker 1: like a Pasi court or it's not it's not the 19 00:01:12,120 --> 00:01:16,560 Speaker 1: Star Chamber. No, no, uh, it's interesting though, it's it 20 00:01:16,640 --> 00:01:20,120 Speaker 1: is sort of it does seem sort of secretive though, 21 00:01:20,120 --> 00:01:23,000 Speaker 1: because they like write these rulings. Sometimes they don't even 22 00:01:23,040 --> 00:01:25,640 Speaker 1: read them. I saw that Clarence Thomas went seven years 23 00:01:25,680 --> 00:01:29,320 Speaker 1: without speaking in court. What Yeah, that's what it said. 24 00:01:29,959 --> 00:01:33,319 Speaker 1: Where did you see that? In an article about Clarence Thomas. 25 00:01:33,360 --> 00:01:35,920 Speaker 1: It said he he's one of the quietest justices. That 26 00:01:35,959 --> 00:01:38,120 Speaker 1: said he went at one point seven years without speaking 27 00:01:38,120 --> 00:01:42,720 Speaker 1: in court. But apparently writes a lot in his uh 28 00:01:43,000 --> 00:01:46,520 Speaker 1: um rulings and you know, his briefs, his briefs, he 29 00:01:46,560 --> 00:01:48,520 Speaker 1: writes in his briefs. Yeah, I can see that because 30 00:01:48,520 --> 00:01:50,880 Speaker 1: I guess when you're in court, you're arguing in front 31 00:01:50,920 --> 00:01:53,680 Speaker 1: of the Supreme Court, I think basically, and we'll do 32 00:01:53,840 --> 00:02:00,000 Speaker 1: like a whole separate Supreme Court episode. Yeah right, agreed, Sure, okay, um, 33 00:02:00,160 --> 00:02:05,360 Speaker 1: somebody mark that town. But you are, you're being peppered 34 00:02:05,400 --> 00:02:08,799 Speaker 1: with questions from them and then like you're you're trying 35 00:02:08,880 --> 00:02:11,480 Speaker 1: to answer the questions to to show why your side 36 00:02:11,560 --> 00:02:15,040 Speaker 1: is right right and arguing the case right now here 37 00:02:15,680 --> 00:02:19,640 Speaker 1: and intimidates you. Um. But yeah, part of it is 38 00:02:19,760 --> 00:02:22,680 Speaker 1: going back thinking about it and then writing your opinion 39 00:02:22,760 --> 00:02:26,680 Speaker 1: on It's very weird job. It is. It's a pretty 40 00:02:26,720 --> 00:02:29,400 Speaker 1: neat job. Too. One of the big things about it 41 00:02:29,440 --> 00:02:31,600 Speaker 1: is it's in here in the United States. If you 42 00:02:31,600 --> 00:02:34,880 Speaker 1: are on the Supreme Court's the highest court in the land, 43 00:02:34,360 --> 00:02:38,480 Speaker 1: you're there for life. It's a it's a life appointment. 44 00:02:38,560 --> 00:02:42,200 Speaker 1: Is the only as far as I know, besides you know, 45 00:02:43,160 --> 00:02:45,440 Speaker 1: um working at the d M v AM. I right, 46 00:02:45,720 --> 00:02:51,880 Speaker 1: it's the only for life appointment in the United States government. Yeah, 47 00:02:51,880 --> 00:02:55,839 Speaker 1: which seems like kind of crazy, but it also sort 48 00:02:55,880 --> 00:02:58,560 Speaker 1: of makes sense because you want you want a stable 49 00:02:58,600 --> 00:03:01,800 Speaker 1: Supreme Court. Yeah, you want them focusing on cases, not 50 00:03:02,120 --> 00:03:05,560 Speaker 1: you know, what's going on, whether they need to elected 51 00:03:05,639 --> 00:03:08,200 Speaker 1: again or campaign. That makes it makes sense once you 52 00:03:08,280 --> 00:03:10,680 Speaker 1: kind of put your head to it. Plus, it also 53 00:03:10,800 --> 00:03:13,160 Speaker 1: kind of dovetails with the way that they're viewed here 54 00:03:13,160 --> 00:03:16,960 Speaker 1: in this country and I'm sure abroad to um that 55 00:03:17,240 --> 00:03:23,080 Speaker 1: they are this panel of highly learned legal scholars just 56 00:03:23,560 --> 00:03:29,040 Speaker 1: basically like um uh, I don't know. I'm sure there's 57 00:03:29,040 --> 00:03:33,040 Speaker 1: something in Star Wars that resembles this. You know, the 58 00:03:33,120 --> 00:03:36,680 Speaker 1: Jedi Council. Oh man, I'm always afraid to say, hang 59 00:03:36,720 --> 00:03:39,560 Speaker 1: about Star Wars. You know, the Jedi Council that John 60 00:03:39,640 --> 00:03:43,120 Speaker 1: jar Binks was on. Okay, Yeah, we won't hear anything 61 00:03:43,160 --> 00:03:46,400 Speaker 1: about that. How could we write? Uh so this was 62 00:03:46,440 --> 00:03:50,480 Speaker 1: written by our old buddy Ed Grabbynowski. Yes, should we 63 00:03:50,520 --> 00:03:53,880 Speaker 1: tell everybody? Should we reveal the big reveal? Do we 64 00:03:53,880 --> 00:03:55,960 Speaker 1: have an announcement? I think so? All right, go ahead. 65 00:03:56,440 --> 00:03:59,400 Speaker 1: Oh you're letting me do it so everybody. You may 66 00:03:59,400 --> 00:04:02,000 Speaker 1: not know that because we tried to stretch out Grabstar 67 00:04:02,160 --> 00:04:04,120 Speaker 1: articles as much as we could, but they were starting 68 00:04:04,160 --> 00:04:06,760 Speaker 1: to get thin. Ye, Crabster wasn't really writing for the 69 00:04:06,800 --> 00:04:09,360 Speaker 1: site any longer. While we said enough of this, we 70 00:04:09,440 --> 00:04:11,960 Speaker 1: need them, you need them bad. So we did a 71 00:04:11,960 --> 00:04:16,719 Speaker 1: little wheeling tad bitter dealing and Grabster is going to 72 00:04:16,760 --> 00:04:21,240 Speaker 1: be writing again, specifically topics that we are requesting. Yeah, 73 00:04:21,360 --> 00:04:25,279 Speaker 1: it's pretty great. Like you and I were both so excited, stoked, 74 00:04:25,360 --> 00:04:27,600 Speaker 1: I think is the word. Yeah. So anyway, we love 75 00:04:27,800 --> 00:04:30,080 Speaker 1: Ed and uh big shout out to him and to 76 00:04:30,600 --> 00:04:35,000 Speaker 1: Buffalo New York and their wings and their football team. 77 00:04:35,400 --> 00:04:39,440 Speaker 1: Sure why not? So anyway Ed wrote this, Um, and 78 00:04:39,520 --> 00:04:42,720 Speaker 1: you know, it's a great article. So, like you said, 79 00:04:42,760 --> 00:04:44,520 Speaker 1: I think we kind of duve into it really quickly. 80 00:04:44,560 --> 00:04:47,280 Speaker 1: But um, if you're not in the United States, you 81 00:04:47,400 --> 00:04:49,600 Speaker 1: might be saying, what's the Supreme Court? Although I think 82 00:04:49,600 --> 00:04:51,640 Speaker 1: you probably know. Um, like you said, they are the 83 00:04:51,720 --> 00:04:56,240 Speaker 1: highest court and um, they're the third branch of our government. Uh. 84 00:04:56,279 --> 00:05:00,880 Speaker 1: And they are specifically specifically air to kind of keep 85 00:05:01,000 --> 00:05:03,839 Speaker 1: everyone in check and to say, like, you know, you 86 00:05:03,880 --> 00:05:08,119 Speaker 1: may be the president, but you're not a dictator because 87 00:05:08,120 --> 00:05:10,440 Speaker 1: you still have to answer to the Supreme Court at 88 00:05:10,440 --> 00:05:12,320 Speaker 1: the end of the day. You can't run a monk. 89 00:05:13,080 --> 00:05:17,120 Speaker 1: And we're gonna we're gonna make sure that we and 90 00:05:17,200 --> 00:05:18,840 Speaker 1: this is ideally, we're going to make sure that we 91 00:05:18,920 --> 00:05:22,760 Speaker 1: review everything in a in a legal way, and we're 92 00:05:22,800 --> 00:05:26,039 Speaker 1: gonna get to ideology. You can't escape that, of course, 93 00:05:26,680 --> 00:05:29,480 Speaker 1: but you know, Supreme Court justices are supposed to rule 94 00:05:30,160 --> 00:05:34,080 Speaker 1: on law and specifically these days at least how it 95 00:05:34,120 --> 00:05:37,320 Speaker 1: relates to the Constitution. Yeah, and that's a It wasn't 96 00:05:37,400 --> 00:05:40,640 Speaker 1: their initial They weren't created to say, like, go defend 97 00:05:40,640 --> 00:05:44,160 Speaker 1: the Constitution. Uh. And the the Supreme Court said, well, 98 00:05:44,200 --> 00:05:47,839 Speaker 1: can we sow some patches or bedazzle our robes? And 99 00:05:47,880 --> 00:05:51,440 Speaker 1: the framers said sure, we don't care, so they went 100 00:05:51,440 --> 00:05:55,359 Speaker 1: out and defended the constitution. It actually is very vague. 101 00:05:55,760 --> 00:05:59,040 Speaker 1: The judicial branch or the Supreme Court is created in 102 00:05:59,080 --> 00:06:02,680 Speaker 1: the Constitution, but all it says is that they are 103 00:06:02,760 --> 00:06:07,840 Speaker 1: there to UM. They that it's power should shall quote 104 00:06:07,839 --> 00:06:11,200 Speaker 1: extend to all cases in law and equity arising under 105 00:06:11,200 --> 00:06:15,200 Speaker 1: this constitution. That's it. It's the only thing it mentions 106 00:06:15,240 --> 00:06:18,400 Speaker 1: about the Supreme Court and its power. So Ever since 107 00:06:18,839 --> 00:06:22,840 Speaker 1: the Constitution was written and ratified, the Supreme Court has 108 00:06:22,880 --> 00:06:26,400 Speaker 1: kind of been this evolving thing, or it was evolving 109 00:06:26,400 --> 00:06:28,640 Speaker 1: for a while. Now it's pretty well set into into 110 00:06:28,720 --> 00:06:31,960 Speaker 1: its role and what it's meant to do. What evolves 111 00:06:31,960 --> 00:06:34,599 Speaker 1: and changes are, like you said, the ideology and the 112 00:06:34,640 --> 00:06:38,560 Speaker 1: personality of the of the people sitting on the court. Yeah, 113 00:06:38,640 --> 00:06:41,520 Speaker 1: and their word is the final word. Um. There there 114 00:06:41,640 --> 00:06:45,520 Speaker 1: is no court that can overturn or review even their decisions. 115 00:06:46,160 --> 00:06:49,839 Speaker 1: And they review. They have about five thousand cases submitted 116 00:06:49,880 --> 00:06:52,280 Speaker 1: every year and can only review about a hundred to 117 00:06:52,360 --> 00:06:54,080 Speaker 1: a hundred and fifty, which I thought was kind of 118 00:06:54,080 --> 00:06:58,400 Speaker 1: a lot. Actually, yeah, I was not expecting that. UM. 119 00:06:58,560 --> 00:07:01,239 Speaker 1: And they specifically try now, like we said, and focus 120 00:07:01,320 --> 00:07:05,479 Speaker 1: on the constitution or UM usually cases that have been 121 00:07:05,880 --> 00:07:08,600 Speaker 1: appealed from lower federal courts. You know, they worked their 122 00:07:08,880 --> 00:07:11,400 Speaker 1: way up to food chain um or and I think 123 00:07:11,440 --> 00:07:15,800 Speaker 1: they probably love these uh treason cases involving treason or 124 00:07:15,800 --> 00:07:18,680 Speaker 1: disputes with other countries or ambassadors kind of like you know, 125 00:07:18,720 --> 00:07:22,440 Speaker 1: the high stakes stuff. Imagine being an ambassador and getting 126 00:07:22,480 --> 00:07:24,560 Speaker 1: dragged in front of the Supreme Court for something you 127 00:07:24,600 --> 00:07:28,840 Speaker 1: did being or your kid did. Yeah, probably a little 128 00:07:28,840 --> 00:07:32,400 Speaker 1: snot nosed brats ambassador kids. So like, like I was saying, 129 00:07:32,440 --> 00:07:35,880 Speaker 1: the the Constitution is pretty vague about what the Supreme 130 00:07:35,920 --> 00:07:38,640 Speaker 1: Court is meant to do. And it wasn't even out 131 00:07:38,640 --> 00:07:41,040 Speaker 1: of the gate that they realized that they were supposed 132 00:07:41,080 --> 00:07:45,960 Speaker 1: to really kind of examine laws in respect to the Constitution. 133 00:07:46,040 --> 00:07:50,680 Speaker 1: That started in an eighteen oh three case Marbury versus Madison, 134 00:07:51,720 --> 00:07:55,040 Speaker 1: and it was yeah, it was a landmark watershed case 135 00:07:55,400 --> 00:08:00,280 Speaker 1: both both kinds um and ironically, the court found owned 136 00:08:00,320 --> 00:08:04,920 Speaker 1: that it didn't have the power to satisfy the petitions 137 00:08:04,960 --> 00:08:11,800 Speaker 1: of the petitioners. I think James Madison or no, Stephan 138 00:08:11,920 --> 00:08:17,280 Speaker 1: Marberry was suing James Madison because James Madison had said, um, 139 00:08:17,360 --> 00:08:20,640 Speaker 1: we'll give you these commissions and then he was taken 140 00:08:20,640 --> 00:08:23,160 Speaker 1: out of office or he phased out of office and 141 00:08:23,240 --> 00:08:27,040 Speaker 1: the commissions were forfeited, and the Supreme Court said, you know, 142 00:08:27,160 --> 00:08:28,760 Speaker 1: we thought we had the power to do this, but 143 00:08:28,840 --> 00:08:33,000 Speaker 1: it turns out we don't constitutionally, so sorry. And it 144 00:08:33,080 --> 00:08:35,800 Speaker 1: was the first time that the Supreme Court had ever 145 00:08:35,840 --> 00:08:38,160 Speaker 1: examined something through the lens of the Constitution, and that 146 00:08:38,280 --> 00:08:42,560 Speaker 1: set the precedent from then on. Yeah. And they serve, well, 147 00:08:42,600 --> 00:08:45,120 Speaker 1: they serve kind of however long they want to or 148 00:08:45,240 --> 00:08:48,840 Speaker 1: if they die obviously, but the average about fourteen years 149 00:08:49,480 --> 00:08:53,079 Speaker 1: UM or if they retire, they average retirement age seventy 150 00:08:53,120 --> 00:08:55,560 Speaker 1: one UM. But they can serve super long. And I 151 00:08:55,600 --> 00:09:00,120 Speaker 1: know that one justice served for thirty five years UM. 152 00:09:00,160 --> 00:09:04,200 Speaker 1: And you know, if you if you nominate a young judge, 153 00:09:04,360 --> 00:09:06,280 Speaker 1: which is kind of more of the trend these days 154 00:09:06,559 --> 00:09:09,280 Speaker 1: when you're thinking politically, like you know, we want someone 155 00:09:09,280 --> 00:09:12,760 Speaker 1: in there for our team, so pick a young one, right, Uh. 156 00:09:12,960 --> 00:09:17,400 Speaker 1: Then they can have tremendous sway And how things going 157 00:09:17,440 --> 00:09:20,880 Speaker 1: this guy year after year after year after year. Yeah. Yeah, 158 00:09:21,200 --> 00:09:23,640 Speaker 1: because the reason why they have so much sway is 159 00:09:24,360 --> 00:09:28,600 Speaker 1: like the stuff that they're they're ruling on is constitutional 160 00:09:28,600 --> 00:09:31,360 Speaker 1: in nature, and here in the United States, if it's 161 00:09:32,240 --> 00:09:36,600 Speaker 1: if it's constitutional, if it's guaranteed by the Constitution, protected 162 00:09:36,600 --> 00:09:40,480 Speaker 1: by the constitution, outlawed by the Constitution, whatever. However, the 163 00:09:40,520 --> 00:09:45,080 Speaker 1: Supreme Court measures the law against the constitution, Like you said, 164 00:09:45,240 --> 00:09:48,520 Speaker 1: that's the law of the land. From that point on. Um, 165 00:09:49,520 --> 00:09:54,040 Speaker 1: any law similar to uh, what the Supreme Court just 166 00:09:54,200 --> 00:09:57,760 Speaker 1: ruled on, it's immediately null and void, like it's done. 167 00:09:58,320 --> 00:10:00,600 Speaker 1: Um ed used is a really good an example. And 168 00:10:00,600 --> 00:10:04,520 Speaker 1: this he said, like if if main bands anti war 169 00:10:05,200 --> 00:10:08,920 Speaker 1: signs from people's front yards and Supreme Court rules that 170 00:10:08,920 --> 00:10:12,120 Speaker 1: that law is unconstitutional, well, if Rhode Island has a 171 00:10:12,200 --> 00:10:16,079 Speaker 1: similar law, California is a similar law, those those laws 172 00:10:16,080 --> 00:10:21,680 Speaker 1: are immediately illegal. I guess, um. And it's not like 173 00:10:21,840 --> 00:10:23,800 Speaker 1: Rhode Island's gonna bring their case and then California is 174 00:10:23,800 --> 00:10:26,199 Speaker 1: going to try their case. Once they rule, it's done. 175 00:10:26,360 --> 00:10:30,120 Speaker 1: It's been ruled on. That's right by the sc Yeah, 176 00:10:30,160 --> 00:10:33,800 Speaker 1: and uh, there are nine justices, Um right now there 177 00:10:33,800 --> 00:10:37,360 Speaker 1: are eight, which we're going to get into. And uh, 178 00:10:37,480 --> 00:10:39,800 Speaker 1: obviously having an odd number means you can break a tie. 179 00:10:40,400 --> 00:10:43,560 Speaker 1: So it's um with eight you can have a tie. 180 00:10:44,000 --> 00:10:46,480 Speaker 1: And when you do have a tie, they've actually thought 181 00:10:46,520 --> 00:10:51,600 Speaker 1: about this, believe it or not, they arm wrestle. I'm kidding, 182 00:10:51,600 --> 00:10:54,360 Speaker 1: of course, they don't arm wrestle. But um, what happens 183 00:10:54,440 --> 00:10:58,240 Speaker 1: is the lower court decision is what's called passively upheld, 184 00:10:58,760 --> 00:11:02,040 Speaker 1: which means that for that case only, it's upheld. But 185 00:11:02,080 --> 00:11:05,040 Speaker 1: it's not like the Supreme Court didn't rule on it, 186 00:11:05,080 --> 00:11:08,120 Speaker 1: and it doesn't create that that nationwide legal precedent forever 187 00:11:08,200 --> 00:11:12,400 Speaker 1: and ever passive aggressive and someone could you know, once 188 00:11:12,400 --> 00:11:15,120 Speaker 1: I get that ninth person, they could bring up a 189 00:11:15,120 --> 00:11:17,640 Speaker 1: similar case, not the same one, but a similar one 190 00:11:17,640 --> 00:11:20,560 Speaker 1: if they want to like have that precedent said in 191 00:11:20,559 --> 00:11:22,920 Speaker 1: the Supreme Courek will be like, let's try it again. Yeah, 192 00:11:23,120 --> 00:11:28,400 Speaker 1: but yeah, if you for a case to be decided definitively, 193 00:11:28,520 --> 00:11:30,720 Speaker 1: all you need is a simple majority five to four. 194 00:11:31,440 --> 00:11:33,560 Speaker 1: And a lot of cases these days in the United 195 00:11:33,559 --> 00:11:38,520 Speaker 1: States are have I have like five to four decisions, um, 196 00:11:38,559 --> 00:11:41,480 Speaker 1: Which is the fact that that's a pattern and then 197 00:11:41,520 --> 00:11:45,200 Speaker 1: that's routine really kind of shows you how just close 198 00:11:45,280 --> 00:11:50,320 Speaker 1: to the center that that ideologically the bench is. And 199 00:11:50,520 --> 00:11:52,880 Speaker 1: um that all it would take was you know, one 200 00:11:53,000 --> 00:11:55,240 Speaker 1: or two votes that you can really rely on one 201 00:11:55,280 --> 00:11:57,520 Speaker 1: way or the other. It's going to be super liberal 202 00:11:57,640 --> 00:12:02,000 Speaker 1: or it'll be super conservative. Yeah, and these days it's um, 203 00:12:02,040 --> 00:12:07,120 Speaker 1: I mean sometimes you'll get surprises on ideology, like oh, 204 00:12:07,160 --> 00:12:08,920 Speaker 1: we thought this person would vote this way, that way, 205 00:12:08,960 --> 00:12:11,000 Speaker 1: But generally you got kind of the four on the 206 00:12:11,080 --> 00:12:12,880 Speaker 1: left the four on the right, or you know you 207 00:12:12,920 --> 00:12:16,680 Speaker 1: did before Scalia died. And um, I think Kennedy is 208 00:12:16,720 --> 00:12:19,960 Speaker 1: sort of the swing vote, right, yeah, generally speaking for 209 00:12:20,040 --> 00:12:22,280 Speaker 1: us right, it used to be Sandra Day O'Connor. Right. 210 00:12:22,679 --> 00:12:25,440 Speaker 1: But when when they say, oh, we were surprised, we 211 00:12:25,440 --> 00:12:27,760 Speaker 1: thought they were going to vote this way, that's putting 212 00:12:27,920 --> 00:12:32,240 Speaker 1: it about as mildly as you can. But surprise, yeah, outrage. 213 00:12:33,360 --> 00:12:36,080 Speaker 1: I wasn't expected that fiddle d d yeah, And I 214 00:12:36,080 --> 00:12:37,440 Speaker 1: looked up some of the I mean, we'll get to 215 00:12:37,480 --> 00:12:42,480 Speaker 1: this later, but some of the appointees, um, throughout history 216 00:12:42,600 --> 00:12:45,440 Speaker 1: have been made by like conservative points of conservative and 217 00:12:45,440 --> 00:12:47,840 Speaker 1: then they might grow a little more liberal over time 218 00:12:47,960 --> 00:12:50,720 Speaker 1: or the other way around. And they're always like they're 219 00:12:50,720 --> 00:12:53,080 Speaker 1: so upset, like, you know, I thought this is what 220 00:12:53,080 --> 00:12:56,320 Speaker 1: we were getting. But to me, that's how it should be, 221 00:12:56,360 --> 00:13:00,520 Speaker 1: you know, Like that means probably that that judges deciding 222 00:13:00,559 --> 00:13:03,320 Speaker 1: cases based on merit and not like I'm just dug 223 00:13:03,320 --> 00:13:07,439 Speaker 1: in and entrenched in one ideology. Yes, which is exactly 224 00:13:07,480 --> 00:13:10,560 Speaker 1: what you want from a Supreme Court justice. Should we 225 00:13:10,559 --> 00:13:12,280 Speaker 1: take a break, Yeah, let's take a break. All right, 226 00:13:12,280 --> 00:13:15,160 Speaker 1: we're talking about appointments, so we'll get to that right 227 00:13:15,200 --> 00:13:49,160 Speaker 1: after this. All right, how's this work appointing? Yeah, so 228 00:13:49,280 --> 00:13:53,520 Speaker 1: remember the constitutions when their Supreme Court do it. I'm done. 229 00:13:53,559 --> 00:13:56,719 Speaker 1: I'm out right and going to take a nap um. 230 00:13:56,720 --> 00:14:00,920 Speaker 1: So appoint appointments, it's it's all just made up. There's 231 00:14:00,920 --> 00:14:05,320 Speaker 1: no qualifications. Uh, there's no requirements. You you or I 232 00:14:05,400 --> 00:14:10,320 Speaker 1: could be nominated to be on the Supreme Court. The 233 00:14:10,320 --> 00:14:12,880 Speaker 1: President was like, I want to figure out the fastest 234 00:14:12,880 --> 00:14:16,600 Speaker 1: way to ruin my political career. I've got it. That's 235 00:14:17,320 --> 00:14:19,600 Speaker 1: that'd be a good way to do it. Because again, 236 00:14:19,880 --> 00:14:24,360 Speaker 1: here in this country, people treat Supreme Court nominations like 237 00:14:24,680 --> 00:14:28,320 Speaker 1: a religion. It's a big, big deal. Not even to 238 00:14:28,520 --> 00:14:32,360 Speaker 1: like get someone through the process. Just to nominate somebody 239 00:14:32,760 --> 00:14:35,880 Speaker 1: can bring so much blowback from your party, from the voters, 240 00:14:35,880 --> 00:14:40,040 Speaker 1: from the opposing party, from everybody that you really want 241 00:14:40,120 --> 00:14:43,320 Speaker 1: to think it through. It's not a haphazard thing. But 242 00:14:43,440 --> 00:14:45,960 Speaker 1: as as far as the starting the whole thing off, 243 00:14:46,280 --> 00:14:50,600 Speaker 1: you have a list of qualified candidates. I think every 244 00:14:50,600 --> 00:14:53,520 Speaker 1: single Supreme Court justice in history has been a lawyer 245 00:14:53,560 --> 00:14:56,760 Speaker 1: at least, but lately almost all of them The only 246 00:14:56,840 --> 00:14:59,600 Speaker 1: person on the Supreme Court now who isn't a judge 247 00:15:00,120 --> 00:15:04,120 Speaker 1: is Elena Kagan Um. But the trend is is most 248 00:15:04,120 --> 00:15:05,960 Speaker 1: of them are federal judges who are called up to 249 00:15:06,000 --> 00:15:08,040 Speaker 1: the bigs. Yeah. And a lot of them have even 250 00:15:08,080 --> 00:15:12,000 Speaker 1: served as clerks on the Supreme Court. Um. So what 251 00:15:12,040 --> 00:15:15,240 Speaker 1: they're looking for with all that is experience. Yeah. And 252 00:15:15,240 --> 00:15:17,160 Speaker 1: and for the last hundred and fifty years, not only 253 00:15:17,160 --> 00:15:20,240 Speaker 1: have they been attorneys, but they've they didn't go to 254 00:15:20,400 --> 00:15:25,600 Speaker 1: you know, the strip mall although was it O'Connor, Well, 255 00:15:25,640 --> 00:15:27,080 Speaker 1: she didn't go to a strip mall law school, but 256 00:15:27,120 --> 00:15:30,400 Speaker 1: she was a strip mall lawyer. I think yeah at first. 257 00:15:30,840 --> 00:15:35,560 Speaker 1: But they have all graduated from like an accredited legit university, 258 00:15:35,720 --> 00:15:39,720 Speaker 1: like not like Dr Nick graduated from the Upstairs Medical Clinic. 259 00:15:40,080 --> 00:15:42,240 Speaker 1: Is that what it was called. I think it was 260 00:15:42,320 --> 00:15:47,120 Speaker 1: Tijuana Upstairs Medical Credit. Uh. A lot of these UM 261 00:15:47,160 --> 00:15:52,840 Speaker 1: justices before their Supreme Court appointment have been involved in politics. Um. 262 00:15:52,880 --> 00:15:55,400 Speaker 1: Some of them have been governors, some of them have 263 00:15:55,520 --> 00:15:58,280 Speaker 1: been in Congress. There was even one former president, one 264 00:15:58,320 --> 00:16:02,960 Speaker 1: Howard Taft. Howard is actually a great story. He hated 265 00:16:03,040 --> 00:16:07,680 Speaker 1: being president, hated it, loved being a Supreme Court Justice. 266 00:16:07,720 --> 00:16:11,280 Speaker 1: I could see that, he said. On the bench, it groaned, anyway, 267 00:16:11,320 --> 00:16:15,800 Speaker 1: I'm home, this is great, the bench groaned. I know 268 00:16:15,880 --> 00:16:17,760 Speaker 1: that for a little while there were people there were 269 00:16:17,800 --> 00:16:21,560 Speaker 1: there were rumblings that Obama might be in line for 270 00:16:21,600 --> 00:16:24,440 Speaker 1: a Supreme Court appointment had the election gone a Diffroy, 271 00:16:25,080 --> 00:16:28,000 Speaker 1: which would have been I could see that. I could too, 272 00:16:28,040 --> 00:16:31,080 Speaker 1: But um, you know, obviously that's not gonna happen. No, 273 00:16:31,160 --> 00:16:35,000 Speaker 1: I don't see Trump, I pointing Obama. All right, So, 274 00:16:35,040 --> 00:16:39,200 Speaker 1: once this nomination goes through UM and you know, the president, 275 00:16:39,240 --> 00:16:42,000 Speaker 1: it used to be like a very I don't know 276 00:16:42,040 --> 00:16:44,680 Speaker 1: about solitary probably there a little close circle. But now, 277 00:16:45,640 --> 00:16:48,960 Speaker 1: like you said, they get a list and that that's 278 00:16:49,040 --> 00:16:52,920 Speaker 1: culled from a group of very smart people that are 279 00:16:53,200 --> 00:16:58,280 Speaker 1: UM trying to firmly entrench their own ideologies basically, so 280 00:16:58,280 --> 00:17:03,160 Speaker 1: they're gonna choose from that list the candidate UM and 281 00:17:03,320 --> 00:17:06,680 Speaker 1: nominate them officially in the Senate. Then we'll hold hearings. 282 00:17:06,680 --> 00:17:09,080 Speaker 1: And just recently, you know, we've seen this going on. 283 00:17:09,240 --> 00:17:12,560 Speaker 1: You know, this is happening right now with Gorse. Yeah, 284 00:17:12,600 --> 00:17:15,399 Speaker 1: and the whole thing would have started with Gorsets getting 285 00:17:15,400 --> 00:17:19,439 Speaker 1: a phone call from the press saying, hey, I want 286 00:17:19,480 --> 00:17:26,000 Speaker 1: you to want me on the Supreme Court, and Gorstch 287 00:17:26,119 --> 00:17:28,000 Speaker 1: was like, I don't, I don't know what you're saying. 288 00:17:28,320 --> 00:17:30,000 Speaker 1: He's like, you're gonna be on the Supreme Court and 289 00:17:30,080 --> 00:17:33,320 Speaker 1: hung up right. That was it, And then uh yeah, 290 00:17:33,400 --> 00:17:36,880 Speaker 1: the name gets released to the press and the Senate says, 291 00:17:36,920 --> 00:17:40,440 Speaker 1: all right, let's get busy, let's get to work, and um, 292 00:17:40,480 --> 00:17:44,280 Speaker 1: this whole high bee hive of activity just starts kicking 293 00:17:44,359 --> 00:17:48,000 Speaker 1: up around this one. Poor sap who accepted the nomination 294 00:17:48,440 --> 00:17:52,760 Speaker 1: and now has everyone from the Justice Department to Congressional 295 00:17:52,800 --> 00:17:56,680 Speaker 1: aids putting on latex gloves and going right up there 296 00:17:56,720 --> 00:17:59,520 Speaker 1: rectum to try to see what they can find in 297 00:17:59,560 --> 00:18:02,119 Speaker 1: this person since passed. Yeah, and not only what they 298 00:18:02,119 --> 00:18:05,840 Speaker 1: can find in their past, but really grilling them, um 299 00:18:05,840 --> 00:18:11,560 Speaker 1: on maybe where he or she might lie ideologically, like 300 00:18:11,800 --> 00:18:14,040 Speaker 1: how how would you rule in this case that it 301 00:18:14,080 --> 00:18:16,639 Speaker 1: has happened? How did you feel about this case? And 302 00:18:16,680 --> 00:18:19,600 Speaker 1: I was watching um A news network the other day 303 00:18:19,640 --> 00:18:23,000 Speaker 1: talking about how Gorsets did such a masterful job of 304 00:18:23,040 --> 00:18:26,920 Speaker 1: like dodging, yeah about like not going on record with 305 00:18:26,920 --> 00:18:30,760 Speaker 1: with how they lean, um and that's tradition. Well, yeah, 306 00:18:30,760 --> 00:18:34,399 Speaker 1: apparently they they like the one thing that you're supposed 307 00:18:34,440 --> 00:18:36,800 Speaker 1: to do up there is not give anything away. No, 308 00:18:36,960 --> 00:18:39,400 Speaker 1: because it's just a big dance. And if they say yeah, 309 00:18:39,480 --> 00:18:42,159 Speaker 1: Joe Biden back and I think the eighties called it 310 00:18:42,200 --> 00:18:45,840 Speaker 1: a kabuki dance. Um, and Elena Kagan called it a 311 00:18:46,000 --> 00:18:50,159 Speaker 1: vapid and hollow charade because the senators are trying to 312 00:18:50,200 --> 00:18:53,119 Speaker 1: pin you down one way or another on your views 313 00:18:53,200 --> 00:18:56,960 Speaker 1: on gun control, abortion, all of these hot button issues 314 00:18:57,320 --> 00:19:00,480 Speaker 1: that the Supreme Court has either ruled on, may rule 315 00:19:00,520 --> 00:19:03,720 Speaker 1: on in the future, may overturn at some point. Um. 316 00:19:03,760 --> 00:19:07,760 Speaker 1: That that really split the country ideologically. And the point 317 00:19:08,000 --> 00:19:12,520 Speaker 1: of these Senate hearings is basically for the nominee to 318 00:19:12,600 --> 00:19:15,479 Speaker 1: sit there and not give up anything, because if they 319 00:19:15,520 --> 00:19:18,240 Speaker 1: did do that, then they would have to recuse themselves 320 00:19:18,240 --> 00:19:21,240 Speaker 1: from that case for having gone on the public record 321 00:19:22,440 --> 00:19:26,320 Speaker 1: stating their position. Well yeah, And it's the opposition's party's 322 00:19:26,400 --> 00:19:29,920 Speaker 1: job to sit there and sigh and rub their temples 323 00:19:29,960 --> 00:19:31,879 Speaker 1: and say, well, it just seems like you don't want 324 00:19:31,880 --> 00:19:35,120 Speaker 1: to go on record for anything, right, And they never 325 00:19:35,160 --> 00:19:39,040 Speaker 1: get to respond. Duh. It's a Senate hearing for Supreme 326 00:19:39,080 --> 00:19:41,879 Speaker 1: Court justice is what always happened. It's really funny that 327 00:19:42,080 --> 00:19:44,679 Speaker 1: they play that up, that like the senators act like 328 00:19:44,720 --> 00:19:46,720 Speaker 1: they just can't believe what's going on even though this 329 00:19:46,760 --> 00:19:50,560 Speaker 1: has been happening for decades now. Yeah, it's just a 330 00:19:50,560 --> 00:19:52,880 Speaker 1: big I don't know about a charade, but I think 331 00:19:52,880 --> 00:19:55,720 Speaker 1: part of it is they part of it is to 332 00:19:55,720 --> 00:19:57,719 Speaker 1: see how well they can hold up to the grilling too. 333 00:19:57,840 --> 00:20:00,159 Speaker 1: I think that's part of it as well. But the 334 00:20:01,440 --> 00:20:06,280 Speaker 1: group that probably plays the biggest role in in in 335 00:20:06,600 --> 00:20:11,040 Speaker 1: kind of rooting out what the nominees politics are are 336 00:20:11,160 --> 00:20:14,360 Speaker 1: the aids in the Justice Department and whatever they leak 337 00:20:14,480 --> 00:20:18,320 Speaker 1: to the media, because, um, you're not gonna you wouldn't 338 00:20:18,320 --> 00:20:20,959 Speaker 1: find anything out about say, like Gorsets from those two 339 00:20:21,040 --> 00:20:23,760 Speaker 1: days of hearings. No one found anything out about him. 340 00:20:23,760 --> 00:20:25,640 Speaker 1: If that's all you know about that guy was those 341 00:20:25,640 --> 00:20:28,439 Speaker 1: two days of hearings, you didn't read anything else about it, 342 00:20:28,960 --> 00:20:31,240 Speaker 1: You have no idea what his positions where. You'd just 343 00:20:31,320 --> 00:20:33,520 Speaker 1: be like, that guy's got one of the better haircuts 344 00:20:33,560 --> 00:20:35,720 Speaker 1: I've ever seen in my life. That's all you would 345 00:20:35,720 --> 00:20:38,639 Speaker 1: get from it. But the media tends to report on 346 00:20:38,680 --> 00:20:41,680 Speaker 1: it and they kind of fulfill the role that um 347 00:20:41,920 --> 00:20:45,399 Speaker 1: that that the Senate fails at every single time and 348 00:20:45,440 --> 00:20:49,600 Speaker 1: it'll be things like, um, Harriet Myers was was, um 349 00:20:49,920 --> 00:20:54,359 Speaker 1: was nominated by George W. Bush, and Um, he just 350 00:20:54,400 --> 00:20:57,560 Speaker 1: got immediate blowback for it is a terrible nomination. But 351 00:20:57,640 --> 00:20:59,600 Speaker 1: one of the things somebody found was that she had 352 00:20:59,640 --> 00:21:03,240 Speaker 1: cant if you did some money back in like a 353 00:21:03,280 --> 00:21:08,840 Speaker 1: good fifteen something years before to Al Gore's presidential campaign. 354 00:21:09,760 --> 00:21:12,240 Speaker 1: Like they find like little stuff like that, and they 355 00:21:12,240 --> 00:21:14,320 Speaker 1: try to put it all together to create a picture 356 00:21:14,600 --> 00:21:17,399 Speaker 1: so that the Senators can ask them about stuff or whatever, 357 00:21:17,640 --> 00:21:20,399 Speaker 1: or the media can can paint a picture one way 358 00:21:20,480 --> 00:21:24,040 Speaker 1: or another, and everyone can try to divine how they're 359 00:21:24,040 --> 00:21:26,680 Speaker 1: going to rule. Now, did Harriet Myers actually go through 360 00:21:26,720 --> 00:21:31,879 Speaker 1: the Senate hearings? Well, that that's what will happen a 361 00:21:31,920 --> 00:21:34,320 Speaker 1: lot of times if there is a skeleton in their closet. 362 00:21:34,880 --> 00:21:38,199 Speaker 1: Sometimes they want to accept the nomination, not even for 363 00:21:38,240 --> 00:21:40,200 Speaker 1: that reason. Sometimes they want to accept the nomination because 364 00:21:40,200 --> 00:21:42,719 Speaker 1: they're like, no, man, I know it, I don't want 365 00:21:42,720 --> 00:21:44,960 Speaker 1: to go through all that. I'm fine just being on 366 00:21:45,080 --> 00:21:50,080 Speaker 1: my federal circuit here. Um. But sometimes they'll withdraw if 367 00:21:50,080 --> 00:21:52,040 Speaker 1: they know that they won't make it through that and 368 00:21:52,040 --> 00:21:53,920 Speaker 1: they don't want that drug out in public. And sometimes 369 00:21:53,960 --> 00:21:58,080 Speaker 1: the the President will withdraw that nomination to avoid that 370 00:21:58,160 --> 00:22:02,800 Speaker 1: kind of embarrassment too, right, Um, Like Clarence Thomas, I 371 00:22:02,800 --> 00:22:05,240 Speaker 1: don't know how they missed that, or if they did, 372 00:22:05,920 --> 00:22:10,120 Speaker 1: you know, he would famously was uh allegedly sexually harassed 373 00:22:10,440 --> 00:22:13,200 Speaker 1: Anita Hill. And I don't know if they that didn't 374 00:22:13,240 --> 00:22:15,240 Speaker 1: come to light until the hearings or if that's what 375 00:22:15,440 --> 00:22:18,199 Speaker 1: my guess was. I think they started the hearings and 376 00:22:18,200 --> 00:22:21,320 Speaker 1: they were still doing investigations and they got into Anita Hill. 377 00:22:21,440 --> 00:22:24,679 Speaker 1: Yet he would come I don't think in today's climate, no, 378 00:22:24,800 --> 00:22:28,040 Speaker 1: that was that was nuts, um. But the what's ironic 379 00:22:28,080 --> 00:22:30,480 Speaker 1: about it is that he wouldn't make it in today's 380 00:22:30,480 --> 00:22:34,399 Speaker 1: climate with our awareness and understanding of sexual harassment. But 381 00:22:34,640 --> 00:22:40,440 Speaker 1: those hearings, his his Supreme Court Um confirmation hearings were 382 00:22:40,480 --> 00:22:44,600 Speaker 1: what exposed the world to sexual harassment and concept of 383 00:22:44,640 --> 00:22:47,600 Speaker 1: it that we understand today is rooted in that moment 384 00:22:47,600 --> 00:22:50,240 Speaker 1: in those three days where Anita Hill stood up and 385 00:22:50,359 --> 00:22:53,920 Speaker 1: was like, this is messed up and I'm gonna share it. Um. 386 00:22:54,040 --> 00:22:56,679 Speaker 1: And and Clarence Thomas famously called the whole thing a 387 00:22:56,760 --> 00:22:59,800 Speaker 1: high tech lynching. And then after all this, so he 388 00:22:59,880 --> 00:23:02,199 Speaker 1: was about to be voted on. There was debate in 389 00:23:02,200 --> 00:23:04,560 Speaker 1: the Senate, which we'll get to this process in a second. 390 00:23:04,760 --> 00:23:07,119 Speaker 1: They sent after this came to light, they sent it 391 00:23:07,280 --> 00:23:11,640 Speaker 1: back to the committee hearings. So he took a huge 392 00:23:11,680 --> 00:23:14,560 Speaker 1: step backward in the confirmation process, had to go through 393 00:23:14,560 --> 00:23:18,120 Speaker 1: three days of Anita Hills testimony, and then after that 394 00:23:18,280 --> 00:23:22,000 Speaker 1: the Senate still said, all right, cool, well we'll confirm you. Yeah, 395 00:23:22,040 --> 00:23:23,480 Speaker 1: and he was so upset he said, you know, I'm 396 00:23:23,480 --> 00:23:30,440 Speaker 1: not gonna talk for seven years, right, I'll show you so. UM. 397 00:23:30,680 --> 00:23:35,760 Speaker 1: By and large, though the vast majority of appointee UM 398 00:23:36,000 --> 00:23:43,120 Speaker 1: submissions what would you call him nominations are appointed, right. Oh, 399 00:23:43,160 --> 00:23:46,600 Speaker 1: I think it's something like there have been a hundred 400 00:23:46,600 --> 00:23:51,080 Speaker 1: and sixty one nominations and a hundred and twenty four 401 00:23:51,119 --> 00:23:55,000 Speaker 1: have been confirmed. I think there's only been thirty six rejections, 402 00:23:55,320 --> 00:23:59,960 Speaker 1: and so the rest are withdraws, withdrawals UM or. There's 403 00:24:00,160 --> 00:24:03,960 Speaker 1: one very recent one that I think is the first 404 00:24:03,960 --> 00:24:09,479 Speaker 1: in history, um Obama's nomination of Merrick Garland. They just 405 00:24:09,600 --> 00:24:12,880 Speaker 1: didn't even get hurt. Yeah, um, which is very much 406 00:24:13,160 --> 00:24:18,160 Speaker 1: an unusual, uh step that was taken in the process. Yeah, 407 00:24:18,200 --> 00:24:20,760 Speaker 1: I mean, this just happened. Everyone saw it happen. Um. 408 00:24:20,760 --> 00:24:24,480 Speaker 1: Obama was in his last year of his presidency, and 409 00:24:24,560 --> 00:24:29,399 Speaker 1: so uh, Republican senators basically said, not only are we 410 00:24:29,440 --> 00:24:32,160 Speaker 1: not gonna vote on it, we're not gonna hold hearings. 411 00:24:32,480 --> 00:24:34,320 Speaker 1: Some of them refused to even talk to the guy. 412 00:24:34,840 --> 00:24:37,479 Speaker 1: They just basically took their ball and went home. Right, 413 00:24:37,520 --> 00:24:39,719 Speaker 1: so we're not gonna do anything, which received a lot 414 00:24:39,760 --> 00:24:44,479 Speaker 1: of blowback from people already frustrated with the um the 415 00:24:44,520 --> 00:24:48,199 Speaker 1: notion that maybe these people work for them and they 416 00:24:48,240 --> 00:24:50,560 Speaker 1: should do their jobs, and that is one of their 417 00:24:50,640 --> 00:24:54,280 Speaker 1: jobs is to at least have hearings and take a vote, 418 00:24:54,480 --> 00:24:59,480 Speaker 1: and um they everyone dug in and um he went 419 00:24:59,520 --> 00:25:03,840 Speaker 1: without earrings, went without a vote, And uh, I don't 420 00:25:03,880 --> 00:25:05,240 Speaker 1: know what he's doing now. I guess he just kept 421 00:25:05,280 --> 00:25:07,880 Speaker 1: his regular job. Oh yeah, I'm sure. I don't think 422 00:25:07,880 --> 00:25:10,520 Speaker 1: you like lose your job and no, no, like quit 423 00:25:10,600 --> 00:25:14,520 Speaker 1: and move and everything go on the trail. Um no 424 00:25:14,760 --> 00:25:18,480 Speaker 1: he uh yeah, I I but I think the more 425 00:25:18,600 --> 00:25:23,280 Speaker 1: to the point, like you're it's gotta affect your reputation, 426 00:25:23,359 --> 00:25:25,080 Speaker 1: you know what I'm saying, Like even if it had 427 00:25:25,119 --> 00:25:28,280 Speaker 1: it was no fault of his own, it's still like 428 00:25:28,359 --> 00:25:31,560 Speaker 1: a black mark on his history at least. Well, it 429 00:25:31,640 --> 00:25:36,280 Speaker 1: was a big deal because this was Um, it's kind 430 00:25:36,280 --> 00:25:39,760 Speaker 1: of tough to pin down someone's political ideology as a judge. 431 00:25:39,800 --> 00:25:41,480 Speaker 1: They have a few ways of doing it. There's something 432 00:25:41,480 --> 00:25:44,840 Speaker 1: called the Martin Quinn score for Supreme Court justices, and 433 00:25:44,880 --> 00:25:48,920 Speaker 1: they compare how they vote relative to one another. Uh. 434 00:25:48,960 --> 00:25:51,919 Speaker 1: And then there's something else called the Judicial common Space score, 435 00:25:52,359 --> 00:25:55,440 Speaker 1: which measures their ideology based on the ideology of their 436 00:25:56,560 --> 00:26:01,120 Speaker 1: appointing presidents and home state senators. And then I think 437 00:26:01,119 --> 00:26:03,440 Speaker 1: this from Washington Posts, I read an article that they're 438 00:26:03,440 --> 00:26:06,359 Speaker 1: basically trying to sus out how liberal is Garland right here? 439 00:26:06,359 --> 00:26:09,080 Speaker 1: Who was super centrist, wasn't he? Well, they said in 440 00:26:09,119 --> 00:26:11,040 Speaker 1: the end that they looked at all those scores, and 441 00:26:11,080 --> 00:26:13,760 Speaker 1: then they did one more where they basically looked at 442 00:26:14,200 --> 00:26:17,080 Speaker 1: the law clerks that they hired, because generally you're gonna 443 00:26:17,119 --> 00:26:20,160 Speaker 1: hire clerks that agree with you, and clerks to work 444 00:26:20,480 --> 00:26:23,520 Speaker 1: for judges who they who they agree with, um, And 445 00:26:23,560 --> 00:26:27,400 Speaker 1: they looked at what they're the clerks political donations where 446 00:26:27,440 --> 00:26:30,560 Speaker 1: they were So what's this? They said that he was 447 00:26:30,920 --> 00:26:33,840 Speaker 1: center left in the end, would have definitely swung the 448 00:26:33,880 --> 00:26:37,399 Speaker 1: court more to the left. But at the time you know, 449 00:26:37,440 --> 00:26:39,720 Speaker 1: it was sort of a showdown. It was like for 450 00:26:39,760 --> 00:26:42,880 Speaker 1: the Republicans are like, do we do we let Garland 451 00:26:42,920 --> 00:26:45,199 Speaker 1: go through because he's sort of center left? Where do 452 00:26:45,240 --> 00:26:47,879 Speaker 1: we take a chance that Hillary wins this election and 453 00:26:47,920 --> 00:26:51,320 Speaker 1: goes whole hog left to someone that's way more liberal. 454 00:26:52,240 --> 00:26:55,040 Speaker 1: And in the end they dug in and uh, well 455 00:26:55,280 --> 00:26:58,879 Speaker 1: everyone knows what happened. Uh yeah, And I read both 456 00:26:58,880 --> 00:27:02,520 Speaker 1: sides of this, likebviously the liberals and the Democrats were 457 00:27:02,560 --> 00:27:05,520 Speaker 1: just going crazy over it there like this with the 458 00:27:05,600 --> 00:27:10,800 Speaker 1: audacity of not doing this right, um that that because 459 00:27:10,840 --> 00:27:12,879 Speaker 1: the Republicans were saying, well, it's an election year, so 460 00:27:12,920 --> 00:27:15,359 Speaker 1: we don't want to put a Supreme Court nominee on 461 00:27:15,440 --> 00:27:17,960 Speaker 1: the Supreme Court for life during an election year, right, 462 00:27:18,520 --> 00:27:22,040 Speaker 1: And the Democrats said, you're crazy. There's been like eight 463 00:27:22,119 --> 00:27:25,520 Speaker 1: or nine Supreme Court justices who were confirmed on an 464 00:27:25,520 --> 00:27:29,359 Speaker 1: election year. That's a terrible argument. But apparently that was 465 00:27:29,440 --> 00:27:35,360 Speaker 1: when the um the I think the government wasn't split, right, 466 00:27:35,480 --> 00:27:38,439 Speaker 1: There wasn't like the executive and Congress were in the 467 00:27:38,480 --> 00:27:41,359 Speaker 1: same party. The same party was in power for like 468 00:27:41,440 --> 00:27:44,280 Speaker 1: seven or eight of those confirmations to have gone through, 469 00:27:44,560 --> 00:27:48,720 Speaker 1: So both sides actually had legitimate arguments, but it definitely 470 00:27:49,200 --> 00:27:53,200 Speaker 1: seemed like a dereliction of duty from the outside looking in. Well, 471 00:27:53,240 --> 00:27:56,639 Speaker 1: what it did, too, was it set up, um the 472 00:27:56,640 --> 00:28:01,200 Speaker 1: gorste situation now, which is Democrats are delaying the vote, 473 00:28:01,280 --> 00:28:03,119 Speaker 1: and I think by the time this comes out, they 474 00:28:03,160 --> 00:28:08,159 Speaker 1: will have voted. I would guess so, because usually I 475 00:28:08,200 --> 00:28:12,080 Speaker 1: think McConnell said by April two he'd be confirmed, was 476 00:28:12,160 --> 00:28:14,480 Speaker 1: his estimate. Yeah, well they delayed it one more week 477 00:28:14,520 --> 00:28:17,920 Speaker 1: a couple of days ago, but um, regardless, it's it's 478 00:28:18,040 --> 00:28:20,960 Speaker 1: you know, imminent if it hasn't just happened. And so 479 00:28:21,000 --> 00:28:23,120 Speaker 1: they set up the situation now where Democrats are dug 480 00:28:23,119 --> 00:28:25,560 Speaker 1: in and they're like, don't expect any votes from us 481 00:28:25,840 --> 00:28:28,960 Speaker 1: to confirm. And then the Republicans are saying, well, if 482 00:28:28,960 --> 00:28:31,080 Speaker 1: you do that, though, we don't need a simple we 483 00:28:31,160 --> 00:28:33,080 Speaker 1: just need a simple majority. We can use what's called 484 00:28:33,080 --> 00:28:36,159 Speaker 1: the nuclear option, which we talked about in the Filibusters episode. 485 00:28:36,160 --> 00:28:38,480 Speaker 1: I think, yeah, so they're the Democrats would filibuster, then 486 00:28:38,480 --> 00:28:40,480 Speaker 1: they would use a nuclear option, which means they can 487 00:28:40,800 --> 00:28:44,200 Speaker 1: kind of rewrite the rules and confirm with a simple majority. 488 00:28:44,320 --> 00:28:47,680 Speaker 1: And then there's a fear that if that happens, that 489 00:28:47,760 --> 00:28:50,120 Speaker 1: will just be the norm going forward. Yeah, that they'll 490 00:28:50,200 --> 00:28:52,560 Speaker 1: use that for everything. And and on the one hand, 491 00:28:52,600 --> 00:28:55,080 Speaker 1: it will definitely be the Democrats fault because they used 492 00:28:55,080 --> 00:28:58,920 Speaker 1: the nuclear option first. But they used it for a 493 00:28:59,000 --> 00:29:02,080 Speaker 1: bunch of Obama appointees back and I think two thousand 494 00:29:02,160 --> 00:29:07,080 Speaker 1: thirteen or fifteen, and um, they said specifically this does 495 00:29:07,120 --> 00:29:10,760 Speaker 1: not apply to Supreme Court nominees. Now the pendulum is 496 00:29:10,800 --> 00:29:13,239 Speaker 1: swing the other way. The Republicans are in control. If 497 00:29:13,280 --> 00:29:16,640 Speaker 1: they use the nuclear option for the Supreme Court nominees, 498 00:29:16,960 --> 00:29:19,400 Speaker 1: that'll that'll just be like there will be nothing off 499 00:29:19,480 --> 00:29:22,680 Speaker 1: limits any longer. And yeah, they'll there will be no 500 00:29:22,800 --> 00:29:26,320 Speaker 1: filibuster power in the Senate any longer. Yeah. It really 501 00:29:26,360 --> 00:29:30,040 Speaker 1: underscores just how ugly things have gotten, you know. Yeah, 502 00:29:30,040 --> 00:29:33,560 Speaker 1: it's pretty ugly these days in Washington. Uh And and 503 00:29:33,680 --> 00:29:35,680 Speaker 1: we should say, well, we'll take a break in a second, choke, 504 00:29:35,760 --> 00:29:38,240 Speaker 1: but we keep talking about the Senate. The House has 505 00:29:38,280 --> 00:29:42,600 Speaker 1: nothing to do with this, actually, yeah a little bit. Um, 506 00:29:42,640 --> 00:29:46,680 Speaker 1: it's strictly the president appoints, and the Senate holds committee 507 00:29:46,720 --> 00:29:50,760 Speaker 1: hearings and then debate and then votes, and then the 508 00:29:50,800 --> 00:29:57,600 Speaker 1: person is either confirmed or rejected, almost exclusively confirmed. And 509 00:29:57,720 --> 00:30:00,800 Speaker 1: if they are rejected. Um, they can't be submitted again. 510 00:30:01,400 --> 00:30:05,040 Speaker 1: But it usually doesn't make sense too unless something big 511 00:30:05,080 --> 00:30:07,080 Speaker 1: has happened that makes the president think that they can 512 00:30:07,080 --> 00:30:10,760 Speaker 1: get confirmed. Which happened I think with Andrew Jackson. Is 513 00:30:10,800 --> 00:30:16,800 Speaker 1: that right? Yeah? In the eighteen six Yeah, he had 514 00:30:16,840 --> 00:30:20,480 Speaker 1: a guy named Roger Taney who had never heard of before. Um, 515 00:30:20,520 --> 00:30:23,680 Speaker 1: who he submitted. Guy got rejected, and then there were 516 00:30:23,760 --> 00:30:27,760 Speaker 1: elections that changed the complexion of the Senate. Yeah, that 517 00:30:27,840 --> 00:30:30,240 Speaker 1: was much friendlier to Jackson. So he did it again. 518 00:30:30,320 --> 00:30:32,400 Speaker 1: I got he brought him in with a like a 519 00:30:32,400 --> 00:30:34,680 Speaker 1: baseball head on. Yeah, I said, how about this guy 520 00:30:35,960 --> 00:30:39,760 Speaker 1: big mustache? Um? And George W. Bush did the same 521 00:30:39,800 --> 00:30:43,520 Speaker 1: thing too, but he his guy John Roberts didn't get rejected, 522 00:30:43,760 --> 00:30:47,760 Speaker 1: but he nominated Roberts twice in the same month for 523 00:30:47,800 --> 00:30:52,960 Speaker 1: two different seats. The second time he got confirmed. So well, well, um, 524 00:30:53,120 --> 00:30:56,600 Speaker 1: there's a lot of politicking that goes on behind this, 525 00:30:57,000 --> 00:31:00,080 Speaker 1: A lot of thought goes into it, not surprisingly, and 526 00:31:00,120 --> 00:31:33,160 Speaker 1: we'll talk about all that stuff right after this. So chuck, um, 527 00:31:33,200 --> 00:31:37,480 Speaker 1: this is not again, This isn't taken lightly. Um. It 528 00:31:37,640 --> 00:31:41,640 Speaker 1: is a hollow and vapid sharade and a kabuki dance 529 00:31:41,760 --> 00:31:44,600 Speaker 1: and it's ridiculous in a lot of ways, but it's 530 00:31:44,840 --> 00:31:47,760 Speaker 1: the end result is really really important, and that is 531 00:31:47,840 --> 00:31:52,600 Speaker 1: that you have a Supreme Court justice who's one of 532 00:31:53,200 --> 00:31:59,000 Speaker 1: nine voices that are that create the law of the 533 00:31:59,160 --> 00:32:01,720 Speaker 1: land here in the United States, and that they're on 534 00:32:01,840 --> 00:32:06,920 Speaker 1: there for life. So everyone again takes it extremely seriously, 535 00:32:07,200 --> 00:32:09,880 Speaker 1: and there's a lot of things to be considered when 536 00:32:09,880 --> 00:32:13,840 Speaker 1: a president is even picking a nominee from that list 537 00:32:13,880 --> 00:32:16,320 Speaker 1: that they have. Yeah, that you know, even though we 538 00:32:16,360 --> 00:32:19,560 Speaker 1: said there are no rules for qualifications, there is a 539 00:32:19,600 --> 00:32:24,640 Speaker 1: long history that's kind of become accepted as qualifications, which 540 00:32:24,680 --> 00:32:28,600 Speaker 1: we've talked about an attorney generally a federal court judge. Um, 541 00:32:28,680 --> 00:32:32,240 Speaker 1: so once that is kind of sussed out. We talked 542 00:32:32,240 --> 00:32:36,280 Speaker 1: about ideology a lot, and um, you're not gonna find 543 00:32:36,280 --> 00:32:39,200 Speaker 1: his head points out the perfect fit where someone agrees 544 00:32:39,240 --> 00:32:42,440 Speaker 1: with everything that you agree with as president, But what 545 00:32:42,480 --> 00:32:46,880 Speaker 1: you want is someone who by and large will side 546 00:32:46,960 --> 00:32:54,080 Speaker 1: with your side. What Yeah, you know, he's like us, 547 00:32:54,840 --> 00:32:58,959 Speaker 1: But again it's not going to be a perfect fit. Yeah. Like, 548 00:32:59,440 --> 00:33:01,520 Speaker 1: but you also want someone who probably has a good 549 00:33:01,600 --> 00:33:05,600 Speaker 1: chance of getting uh confirmed. That's a big that's a 550 00:33:05,600 --> 00:33:09,280 Speaker 1: big point, right, So like that. There's a lot of 551 00:33:09,320 --> 00:33:13,400 Speaker 1: factors that go into that selection. Right. So obviously, if 552 00:33:13,480 --> 00:33:17,800 Speaker 1: you are a conservative president, especially like a deeply socially 553 00:33:17,800 --> 00:33:21,280 Speaker 1: conservative president, you're gonna try to find somebody who's a 554 00:33:21,360 --> 00:33:26,280 Speaker 1: pretty socially conservative ideologue, right, and that will be your 555 00:33:26,320 --> 00:33:28,840 Speaker 1: your pick. But you may want to stop yourself and 556 00:33:28,880 --> 00:33:31,880 Speaker 1: think about this first. Let's let's let's think about this. 557 00:33:32,440 --> 00:33:34,960 Speaker 1: Who's in control of the Senate. That's a big one. 558 00:33:35,400 --> 00:33:38,360 Speaker 1: If it's the opposition party, well, then you may want 559 00:33:38,400 --> 00:33:42,640 Speaker 1: to consider somebody who's um maybe a little closer to 560 00:33:42,680 --> 00:33:46,440 Speaker 1: the center, because your person might get rejected. And if 561 00:33:46,480 --> 00:33:49,520 Speaker 1: you're just an outside observer saying, well, who cares, it's 562 00:33:50,200 --> 00:33:52,840 Speaker 1: they'll they'll get rejected. Pick somebody else. You you said 563 00:33:52,840 --> 00:33:55,280 Speaker 1: you have a list, go to the next person, right. 564 00:33:55,600 --> 00:33:59,000 Speaker 1: There's a lot of political ramifications for this, right. So 565 00:33:59,040 --> 00:34:02,120 Speaker 1: if if you are a president and you're picking a 566 00:34:02,320 --> 00:34:08,480 Speaker 1: pretty radical nominee, um, it can make you look bad, 567 00:34:09,080 --> 00:34:12,680 Speaker 1: especially if you're not that popular of a president. Yeah, 568 00:34:12,760 --> 00:34:14,919 Speaker 1: And it can also have a lot of bearing on 569 00:34:15,400 --> 00:34:20,240 Speaker 1: mid term elections and how the public views the direction 570 00:34:20,239 --> 00:34:22,160 Speaker 1: the country is going as a whole. Yeah, Because if 571 00:34:22,200 --> 00:34:25,440 Speaker 1: the Senate goes along with your radical person and the 572 00:34:25,440 --> 00:34:28,279 Speaker 1: public is not down with that person. That's going to 573 00:34:28,360 --> 00:34:32,480 Speaker 1: be a a negation on on on the ballot, like 574 00:34:32,560 --> 00:34:34,920 Speaker 1: you're you're You're not going to look good at all 575 00:34:35,040 --> 00:34:39,359 Speaker 1: because of this Supreme Court nominee pick. Yeah, the the 576 00:34:39,400 --> 00:34:43,719 Speaker 1: whoever um just left whatever, whether it was a retiree 577 00:34:44,480 --> 00:34:47,680 Speaker 1: or in the case of Scalia, someone who just died. 578 00:34:48,560 --> 00:34:52,680 Speaker 1: Um suddenly, Um, the outgoing justice is gonna play a 579 00:34:52,760 --> 00:34:56,800 Speaker 1: large part in and again depending on what parties in office, 580 00:34:56,960 --> 00:35:01,200 Speaker 1: what party holds the Senate, because gets the replacement, can 581 00:35:01,239 --> 00:35:04,720 Speaker 1: you can you get somebody pushed through? And if you can't, 582 00:35:04,760 --> 00:35:08,399 Speaker 1: it's not gonna look very good on you as the president. Yeah. 583 00:35:08,480 --> 00:35:12,520 Speaker 1: And basically with gorsech Um, I looked him up as 584 00:35:12,560 --> 00:35:14,759 Speaker 1: far as where he might sit or is predicted to sit. 585 00:35:15,200 --> 00:35:18,920 Speaker 1: He's pretty right. Yeah, obviously he's pretty right. But they 586 00:35:18,960 --> 00:35:22,840 Speaker 1: said that he was right now at least you know 587 00:35:23,120 --> 00:35:26,080 Speaker 1: this is from all the studying done from those different 588 00:35:27,120 --> 00:35:30,600 Speaker 1: methodologies that I talked about earlier. They said he would 589 00:35:30,600 --> 00:35:35,760 Speaker 1: sit second to the right, next to Thomas, the silent 590 00:35:35,880 --> 00:35:40,440 Speaker 1: Clarence Thomas apparently is the furthest right at this point. Um. 591 00:35:40,480 --> 00:35:42,239 Speaker 1: And then you know, it goes all the way through 592 00:35:42,320 --> 00:35:46,120 Speaker 1: down to uh Sonia Soda Mayor, who's uh the furthest 593 00:35:46,160 --> 00:35:49,440 Speaker 1: to the left, and then uh Mr Kennedy in the 594 00:35:49,480 --> 00:35:54,160 Speaker 1: middle man. What a powerful dude he is. He gets 595 00:35:54,200 --> 00:35:58,560 Speaker 1: gift baskets all the time. Yeah, yeah, he has muffins 596 00:35:58,600 --> 00:36:04,080 Speaker 1: every morning. And you know, depending on and people forecast 597 00:36:04,120 --> 00:36:07,960 Speaker 1: this like a way in advance. I'm like, it's not 598 00:36:08,040 --> 00:36:12,760 Speaker 1: just Supreme Court justices, it's appointing appointing judges all throughout 599 00:36:12,840 --> 00:36:16,239 Speaker 1: the system in the United States. Um, Republicans have had 600 00:36:16,280 --> 00:36:19,560 Speaker 1: a tactic for years now that's really paid off for 601 00:36:19,600 --> 00:36:23,839 Speaker 1: them where they have really worked hard to appoint as 602 00:36:23,880 --> 00:36:28,680 Speaker 1: many judges conservative leaning judges throughout the system and staunchly 603 00:36:28,760 --> 00:36:32,799 Speaker 1: tried to oppose any liberal appointments. And um, you get 604 00:36:32,800 --> 00:36:34,480 Speaker 1: those lower courts. I mean, people don't pay a lot 605 00:36:34,520 --> 00:36:37,800 Speaker 1: of attention a lot of times to these lower court appointments, 606 00:36:38,000 --> 00:36:41,600 Speaker 1: and it's made a big difference, you know, Oh yeah 607 00:36:41,640 --> 00:36:45,480 Speaker 1: over time. Sure, if you've got that many more bullets 608 00:36:45,520 --> 00:36:50,839 Speaker 1: in the chamber just in as far as like conservative rulings, yeah, 609 00:36:50,960 --> 00:36:52,640 Speaker 1: just all over the country. You know, if you have 610 00:36:52,719 --> 00:36:55,600 Speaker 1: more of your people in place, and lower courts they're 611 00:36:55,600 --> 00:36:58,680 Speaker 1: going to be more clerks that work for them that 612 00:36:58,719 --> 00:37:01,480 Speaker 1: are conservative, and then eventually they rise up and you're 613 00:37:01,480 --> 00:37:03,440 Speaker 1: probably gonna have a better chance of getting a Supreme 614 00:37:03,440 --> 00:37:08,399 Speaker 1: Court nominee appointed who was conservative. It's an incubator. Yeah, 615 00:37:08,480 --> 00:37:10,640 Speaker 1: that's a good way to look at it. A farm system. Sure, 616 00:37:11,680 --> 00:37:15,480 Speaker 1: they probably love that terminology. But you were saying, so 617 00:37:15,560 --> 00:37:18,640 Speaker 1: do Myers farthest to the left and Thomas is farthest 618 00:37:18,680 --> 00:37:20,479 Speaker 1: to the right, right, Now, that's what they say. Yeah, 619 00:37:20,520 --> 00:37:22,560 Speaker 1: and I think you're saying earlier to that. You know, 620 00:37:22,640 --> 00:37:26,640 Speaker 1: depending on who's being replaced, and that makes a decision 621 00:37:26,640 --> 00:37:30,520 Speaker 1: on who's picked as well. True, right, because if you're 622 00:37:30,560 --> 00:37:35,480 Speaker 1: replacing a far right seat with a far left nominee, 623 00:37:35,880 --> 00:37:40,279 Speaker 1: you're gonna get some serious um push back from the 624 00:37:40,400 --> 00:37:43,800 Speaker 1: right or vice versa. Yeah, And that's why this election, 625 00:37:43,880 --> 00:37:45,400 Speaker 1: you know, that we just went through, was so important 626 00:37:45,440 --> 00:37:48,760 Speaker 1: because there are some aging members of the Supreme Court, 627 00:37:49,440 --> 00:37:52,839 Speaker 1: and um, you know, if you get to a point 628 00:37:52,920 --> 00:37:56,279 Speaker 1: like Nixon got to a point, four Supreme Court justices, Yeah, 629 00:37:56,320 --> 00:37:58,719 Speaker 1: and they turned on him like a pack of jackals, 630 00:37:59,040 --> 00:38:03,200 Speaker 1: three of them did. I'm sure that's that's what Nixon thought. Um, yeah, 631 00:38:03,239 --> 00:38:05,200 Speaker 1: that's that's and this is kind of a pretty good 632 00:38:05,200 --> 00:38:11,399 Speaker 1: demonstration of how Supreme Court nominees. They're appointed or they're 633 00:38:11,440 --> 00:38:14,879 Speaker 1: nominated by presidents, but they are in no way meant 634 00:38:14,880 --> 00:38:18,080 Speaker 1: to be beholden to presidents. They should not be. It's 635 00:38:17,920 --> 00:38:23,720 Speaker 1: it's they're not doing their job if they're ruling in 636 00:38:23,719 --> 00:38:27,359 Speaker 1: in line with what they think the president wants to hear. Yeah, 637 00:38:27,360 --> 00:38:29,279 Speaker 1: and I guess that goes back to why they're in 638 00:38:29,280 --> 00:38:32,239 Speaker 1: there for life. Like they probably do feel I mean, 639 00:38:32,239 --> 00:38:36,040 Speaker 1: they still have their ideologies, but they probably do feel like, 640 00:38:36,040 --> 00:38:39,640 Speaker 1: all right, I'm in here. They can't take me out. Um, 641 00:38:39,680 --> 00:38:42,560 Speaker 1: there's probably some mechanism to take them out. There is 642 00:38:42,560 --> 00:38:45,560 Speaker 1: something really bad. It's a it's impeachment. It's the exact 643 00:38:45,560 --> 00:38:48,840 Speaker 1: same process that you would get rid of a president 644 00:38:48,880 --> 00:38:52,120 Speaker 1: with where the House impeaches the person and then the 645 00:38:52,160 --> 00:38:55,040 Speaker 1: Senate votes to convict or not and then they're removed. 646 00:38:55,160 --> 00:38:57,840 Speaker 1: It's only been threatened twice. One of them was a 647 00:38:57,920 --> 00:39:03,600 Speaker 1: Nixon appointing, and thing. Uh, but I was looking, like 648 00:39:03,600 --> 00:39:06,280 Speaker 1: I said, at Garland and the kind of gut started 649 00:39:06,280 --> 00:39:13,000 Speaker 1: digging into history and um in the modern era, and uh, 650 00:39:13,080 --> 00:39:16,279 Speaker 1: Anton and Scalia is rated as the number one most 651 00:39:16,320 --> 00:39:21,120 Speaker 1: conservative justice in the modern era. Is that right? That's 652 00:39:21,160 --> 00:39:24,080 Speaker 1: what it said. See because I have anonymous further right 653 00:39:24,120 --> 00:39:26,680 Speaker 1: than him, and that gorstch would be even further right 654 00:39:26,680 --> 00:39:32,480 Speaker 1: than Scalia. I didn't create that. That's a well, I 655 00:39:32,480 --> 00:39:37,800 Speaker 1: didn't create this either. So well, this was Stanford University, 656 00:39:37,800 --> 00:39:42,320 Speaker 1: in the University of Chicago, Northwestern and Harvard. Yeah, but 657 00:39:42,360 --> 00:39:46,279 Speaker 1: it was based on um. It just depends on what 658 00:39:46,320 --> 00:39:49,239 Speaker 1: they use. Let's just say they're both super conservative. But 659 00:39:49,320 --> 00:39:50,920 Speaker 1: I mean one of the things they looked at and 660 00:39:51,000 --> 00:39:53,239 Speaker 1: they like to look at his campaign contributions, either by 661 00:39:53,320 --> 00:39:55,839 Speaker 1: like I said, clerks or by them, and they said, 662 00:39:55,880 --> 00:40:00,960 Speaker 1: based on Gorstages Gorstages campaign contry utians, they said that 663 00:40:01,040 --> 00:40:04,799 Speaker 1: he would be more conservative than seven percent of all 664 00:40:04,840 --> 00:40:12,719 Speaker 1: other federal judges. That's pretty conservative. When Requests was supposedly 665 00:40:13,640 --> 00:40:16,680 Speaker 1: number two and they don't have Thomas where they have 666 00:40:16,719 --> 00:40:19,719 Speaker 1: they have Thomas at number seven on my list. I 667 00:40:19,760 --> 00:40:22,040 Speaker 1: don't know by that. They have him on the furthest 668 00:40:22,200 --> 00:40:25,879 Speaker 1: right right now, at least in the sitting justices. Well, 669 00:40:25,960 --> 00:40:27,960 Speaker 1: and then there's people, like I said, over time that 670 00:40:28,040 --> 00:40:31,319 Speaker 1: might change a bit. John Paul Stevens was the guy 671 00:40:31,360 --> 00:40:33,320 Speaker 1: that was in there for thirty five years and apparently 672 00:40:33,320 --> 00:40:38,560 Speaker 1: he became more liberal over time. Um, and then Burton 673 00:40:39,000 --> 00:40:42,319 Speaker 1: was very conservative, but he ruled against segregation. It's like 674 00:40:42,360 --> 00:40:45,440 Speaker 1: you kind of never know. Uh. David Souder became he 675 00:40:45,480 --> 00:40:47,120 Speaker 1: was a Bush appointee, and I think he was one 676 00:40:47,160 --> 00:40:49,759 Speaker 1: of those that like conservatives were really mad at. They 677 00:40:49,760 --> 00:40:53,279 Speaker 1: were like, you're not nearly as conservative as we thought, Souder. 678 00:40:53,640 --> 00:40:55,759 Speaker 1: They would have never picked you. Yeah, And I mean 679 00:40:55,840 --> 00:40:57,840 Speaker 1: you just can never tell. You can't tell. And the 680 00:40:57,840 --> 00:41:01,040 Speaker 1: whole point is that makes a good just this, that's 681 00:41:01,040 --> 00:41:03,160 Speaker 1: what you want. You don't want to be able to 682 00:41:03,160 --> 00:41:04,880 Speaker 1: look at them and be like, oh, this is how 683 00:41:04,920 --> 00:41:06,960 Speaker 1: they're going to vote and be right every time. You 684 00:41:07,000 --> 00:41:10,520 Speaker 1: want to be surprised, because if you can just point 685 00:41:10,560 --> 00:41:12,520 Speaker 1: to a Supreme Court justice and say this is how 686 00:41:12,560 --> 00:41:16,280 Speaker 1: they're gonna vote, they're doing a terrible job. They're voting ideologically, 687 00:41:16,360 --> 00:41:18,879 Speaker 1: not on the merits of the case. Yeah, it sounds 688 00:41:18,920 --> 00:41:21,880 Speaker 1: funny to say that you want a Supreme Court justice 689 00:41:22,400 --> 00:41:24,399 Speaker 1: like you never know what they're gonna do. And I'm 690 00:41:24,400 --> 00:41:27,239 Speaker 1: predictable like Clarence Thomas, he didn't speak for seven years. 691 00:41:27,239 --> 00:41:32,080 Speaker 1: Who knew. I did not see that coming A Penny 692 00:41:32,080 --> 00:41:36,480 Speaker 1: farthing to work every day. He didn't know that Judge 693 00:41:36,480 --> 00:41:44,200 Speaker 1: Rehnquist had a huge heroin problem. Oh you got anything else? Uh? Yeah. 694 00:41:44,280 --> 00:41:47,600 Speaker 1: One of the things that Harriet Myers was criticized for 695 00:41:48,280 --> 00:41:51,719 Speaker 1: the Harriet Myers nomination by George W. Bush was that 696 00:41:51,800 --> 00:41:55,440 Speaker 1: somebody had dug up that she had called George W. 697 00:41:55,600 --> 00:42:01,040 Speaker 1: Bush cool at one point, and that was used against here. Huh. Well, 698 00:42:01,080 --> 00:42:03,880 Speaker 1: they were worried that she was she would be beholden 699 00:42:03,960 --> 00:42:08,280 Speaker 1: to him because he was so cool cool. Interesting. Um, 700 00:42:08,880 --> 00:42:11,399 Speaker 1: Actually we didn't cover this. I think it's pretty interesting. Um. 701 00:42:11,920 --> 00:42:16,200 Speaker 1: Arthur Goldberg appointment of John F. Kennedy. He was Jewish, 702 00:42:16,200 --> 00:42:18,720 Speaker 1: and he took his oath on the Hebrew Bible and 703 00:42:19,080 --> 00:42:23,160 Speaker 1: on the traditional Official Court Bible, which is a Christian Bible, 704 00:42:23,800 --> 00:42:26,279 Speaker 1: and he signed that because everyone has signed it. And 705 00:42:26,320 --> 00:42:28,400 Speaker 1: he said, you know, I just want to I'm not 706 00:42:28,440 --> 00:42:30,000 Speaker 1: gonna make a big deal out of this, even though 707 00:42:30,000 --> 00:42:32,160 Speaker 1: I'm Jewish. I'll sign the Christian Bible just to kind 708 00:42:32,160 --> 00:42:36,560 Speaker 1: of maintain that continuity. But when he was um, he 709 00:42:36,560 --> 00:42:38,719 Speaker 1: said it was really neat. When he was sitting at 710 00:42:38,719 --> 00:42:41,760 Speaker 1: his bench for the first time, he uh, he opened 711 00:42:41,840 --> 00:42:45,560 Speaker 1: up the drawer and there was a copy of the Constitution, 712 00:42:46,080 --> 00:42:47,760 Speaker 1: because he said it was a dog gear to copy 713 00:42:47,760 --> 00:42:51,400 Speaker 1: of the Constitution that actually belonged and it was signed 714 00:42:51,400 --> 00:42:56,440 Speaker 1: by who Oliver Wendell Holmes. Pretty neat was just in 715 00:42:56,520 --> 00:42:59,960 Speaker 1: that drawer. He calls him that old yankee from a limp. 716 00:43:00,080 --> 00:43:03,439 Speaker 1: This no idea what that means, but it meant something 717 00:43:03,480 --> 00:43:05,399 Speaker 1: to Goldberg. I'll tell you that. He said he's looking 718 00:43:05,440 --> 00:43:08,839 Speaker 1: for like a notepad. Yeah, and there was. He thought 719 00:43:08,880 --> 00:43:13,360 Speaker 1: that was pretty awesome. Well, it is pretty awesome. And 720 00:43:13,400 --> 00:43:16,600 Speaker 1: if you think Supreme Court nominations are awesome, you should 721 00:43:16,600 --> 00:43:19,239 Speaker 1: go look them up. There's plenty of stuff out there. 722 00:43:19,239 --> 00:43:21,919 Speaker 1: It's pretty fun to watch. Uh, if you go back 723 00:43:21,960 --> 00:43:28,560 Speaker 1: through old articles, every nomination cycle or whatever pattern it 724 00:43:28,640 --> 00:43:32,239 Speaker 1: follows um has people griping about how you can't tell 725 00:43:32,280 --> 00:43:35,640 Speaker 1: anything about this nominee and they never say, well, it's 726 00:43:35,640 --> 00:43:38,319 Speaker 1: like that for all nominees. Anyway, take a trip down 727 00:43:38,320 --> 00:43:41,279 Speaker 1: memory lane. You'll amuse yourself. You can also type in 728 00:43:41,680 --> 00:43:44,760 Speaker 1: the words Freme Court in the search bar. How stuff works. 729 00:43:45,120 --> 00:43:48,280 Speaker 1: And since I said Supreme Court, it's time for listening. 730 00:43:48,360 --> 00:43:54,160 Speaker 1: Now I'm gonna call this Georgia connection to Trail of Tears. Hey, guys. 731 00:43:54,160 --> 00:43:56,279 Speaker 1: I enjoyed the episodes on Trail of Tears, which I 732 00:43:56,320 --> 00:43:59,360 Speaker 1: literally just finished. Even Calhoun, Georgia, which is home to 733 00:43:59,400 --> 00:44:08,520 Speaker 1: the new ektoa She says yeah, she says, oh, even 734 00:44:09,120 --> 00:44:13,080 Speaker 1: it's He's serious, sir, And I think that's right historic site. 735 00:44:13,080 --> 00:44:15,279 Speaker 1: It is home to the print shop where the first 736 00:44:15,320 --> 00:44:19,080 Speaker 1: English language Cherokee newspaper was printed, the home of Samuel 737 00:44:19,160 --> 00:44:22,680 Speaker 1: wools Stuff, among other things. It's a beautiful and fascinating place. 738 00:44:23,080 --> 00:44:25,360 Speaker 1: I think all uh North Georgia kids have gone on 739 00:44:25,400 --> 00:44:27,439 Speaker 1: a field trip there at least once. There are also 740 00:44:27,520 --> 00:44:29,320 Speaker 1: road signs that drive past every time I drive to 741 00:44:29,920 --> 00:44:32,360 Speaker 1: and from my mother's house, indicating that I am actually 742 00:44:32,760 --> 00:44:35,880 Speaker 1: driving where the Cherokee marched from their homes, very sobering. 743 00:44:36,320 --> 00:44:39,640 Speaker 1: The home of Chief Van is also nearby. I didn't 744 00:44:39,640 --> 00:44:41,319 Speaker 1: know that I'm gonna have to go see that stuff. Yeah, 745 00:44:41,360 --> 00:44:43,880 Speaker 1: because it's not too far. I enjoy your history episodes 746 00:44:43,880 --> 00:44:45,799 Speaker 1: because the way you explain history in layman's terms and 747 00:44:45,800 --> 00:44:48,239 Speaker 1: make it interesting to someone like me who couldn't quite 748 00:44:48,239 --> 00:44:51,440 Speaker 1: stay awake in history class in school. I believe learning 749 00:44:51,520 --> 00:44:54,759 Speaker 1: about history is important to help prevent society from repeating big, 750 00:44:54,760 --> 00:44:58,440 Speaker 1: shameful Calcy Mistakes. Thanks for the work you do and 751 00:44:58,440 --> 00:45:00,560 Speaker 1: all the stuff we should know. Have a blessed day. 752 00:45:00,560 --> 00:45:02,920 Speaker 1: That is from Tiffany Waits and Tiffany if you don't 753 00:45:02,920 --> 00:45:05,200 Speaker 1: listen to stuff you miss in history class from our 754 00:45:05,280 --> 00:45:07,399 Speaker 1: colleagues Tracy and Holly, you should check that out, dude, 755 00:45:07,520 --> 00:45:09,640 Speaker 1: for sure, it's great. It sounds like you'd be right 756 00:45:09,719 --> 00:45:13,560 Speaker 1: up our alley. Who was it, Tiffany Waits? Thanks a lot, Tiffany, 757 00:45:13,640 --> 00:45:15,719 Speaker 1: we appreciate you writing in and if you want to 758 00:45:15,760 --> 00:45:17,520 Speaker 1: be like her and get in touch with us to 759 00:45:17,560 --> 00:45:20,480 Speaker 1: tell us some cool stuff, you can tweet to us 760 00:45:20,600 --> 00:45:23,560 Speaker 1: at s y s K podcast or josh um Clark. 761 00:45:23,960 --> 00:45:25,919 Speaker 1: You can hang out with us on Facebook, dot Com, 762 00:45:25,960 --> 00:45:28,640 Speaker 1: slash Charles W. Chuck Bryant, or Stuff you Should Know. 763 00:45:29,040 --> 00:45:31,000 Speaker 1: You can send us an email the Stuff podcast at 764 00:45:31,000 --> 00:45:33,360 Speaker 1: how Stuff Works dot com and has always joined us 765 00:45:33,360 --> 00:45:35,239 Speaker 1: at her home on the web, Stuff you Should Know 766 00:45:35,320 --> 00:45:42,440 Speaker 1: dot com For more on this and thousands of other topics. 767 00:45:42,640 --> 00:45:54,480 Speaker 1: Is it how Stuff Works dot com