1 00:00:00,040 --> 00:00:02,759 Speaker 1: Now it's time for our daily Bloomberg Law Brief, exploring 2 00:00:02,840 --> 00:00:05,320 Speaker 1: legal issues in the news. And the law Brief is 3 00:00:05,360 --> 00:00:09,560 Speaker 1: brought to you by American Arbitration Association, International Trade or 4 00:00:09,600 --> 00:00:12,680 Speaker 1: Business Dispute Resolve Faster with the International Center for a 5 00:00:12,680 --> 00:00:16,840 Speaker 1: Dispute Resolution, the leader in Alternative Dispute Resolution around the world. 6 00:00:17,160 --> 00:00:20,720 Speaker 1: I see dr dot org. Today Bloomberg, Lajos juon Grosso, 7 00:00:20,840 --> 00:00:24,000 Speaker 1: and Greg Store discuss the third day of Neil Gorcich's 8 00:00:24,079 --> 00:00:28,120 Speaker 1: Senate confirmation hearing. They speak with Elia Shapiro, a Senior 9 00:00:28,160 --> 00:00:32,720 Speaker 1: Fellow in Constitutional Studies at the Cato Institute, and Alicia Bannon, 10 00:00:32,920 --> 00:00:38,360 Speaker 1: Senior counsel of the Brennan Center's Democracy Program. Elio, what's 11 00:00:38,400 --> 00:00:44,360 Speaker 1: your reaction to the the questioning by Senator Dick durban 12 00:00:44,560 --> 00:00:49,480 Speaker 1: of Neil Gorcich about the Supreme Court opinion which rejected 13 00:00:49,600 --> 00:00:54,240 Speaker 1: Gorsage's position on the educational rights of disabled students. The 14 00:00:54,320 --> 00:00:56,760 Speaker 1: sort of misfire that Dick Durban is is known for 15 00:00:57,040 --> 00:01:01,520 Speaker 1: questioning UH Judge Gorsatch based on the writings and certain 16 00:01:01,520 --> 00:01:05,360 Speaker 1: things that the testimony of his doctoral adviser, trying to 17 00:01:05,800 --> 00:01:08,759 Speaker 1: peg him as anti woman in anti gay in some way. 18 00:01:08,880 --> 00:01:11,080 Speaker 1: This is a non issue. Clearly, the Senators are grasping 19 00:01:11,080 --> 00:01:14,760 Speaker 1: for straws because Gorst is pretty much sailing through. There's 20 00:01:14,760 --> 00:01:17,759 Speaker 1: not really red meat to grasp on, you know. Notably, 21 00:01:17,800 --> 00:01:20,360 Speaker 1: he's not saying that much about the hot button cases 22 00:01:20,440 --> 00:01:23,720 Speaker 1: like abortion or guns or anything like that. All all 23 00:01:23,840 --> 00:01:27,039 Speaker 1: nominees act the same way in that respect. There are 24 00:01:27,080 --> 00:01:29,960 Speaker 1: some heated exchanges with Sheldon white House over money and 25 00:01:30,040 --> 00:01:32,240 Speaker 1: politics and things like this, of course, but I'm not 26 00:01:32,319 --> 00:01:35,680 Speaker 1: sure that the uh, the hearings are are changing anybody's 27 00:01:35,760 --> 00:01:39,039 Speaker 1: votes one way or another. Alicia, do you agree that 28 00:01:39,120 --> 00:01:42,040 Speaker 1: senators are grasping at straws or have you heard things 29 00:01:42,080 --> 00:01:45,720 Speaker 1: that in your mind should disqualify new Gorcis from the 30 00:01:45,760 --> 00:01:48,480 Speaker 1: Supreme Court? Well, I mean, look, he hasn't he hasn't 31 00:01:48,520 --> 00:01:51,560 Speaker 1: answered a lot of the questions that have been posed 32 00:01:51,560 --> 00:01:54,400 Speaker 1: to him. And you know, in in fairness, that's a 33 00:01:54,520 --> 00:01:57,360 Speaker 1: critique that I have had of you know, many past 34 00:01:57,440 --> 00:02:01,120 Speaker 1: confirmation hearings that you know, they they don't they have 35 00:02:01,200 --> 00:02:06,600 Speaker 1: not lent themselves to really substantive discussions of uh, you know, 36 00:02:06,720 --> 00:02:10,760 Speaker 1: how how how these nominees kind of understand their role 37 00:02:10,840 --> 00:02:15,280 Speaker 1: as a judge or approach um approach the constitution approach 38 00:02:15,400 --> 00:02:17,880 Speaker 1: legal reasoning. And my own view is that you know, 39 00:02:18,040 --> 00:02:22,079 Speaker 1: absolutely as particularly cases that have previously been decided by 40 00:02:22,120 --> 00:02:25,320 Speaker 1: the Supreme Court should be fair game, and these nominees 41 00:02:25,360 --> 00:02:29,160 Speaker 1: should be expected to answer questions about how they would 42 00:02:29,200 --> 00:02:32,880 Speaker 1: have ruled in cases that UM have already been decided. 43 00:02:32,919 --> 00:02:35,760 Speaker 1: And I don't think that puts um any future UM. 44 00:02:36,639 --> 00:02:38,440 Speaker 1: I don't. I don't think that puts at risk any 45 00:02:38,480 --> 00:02:40,480 Speaker 1: future cases because it puts them in the exact same 46 00:02:40,520 --> 00:02:43,079 Speaker 1: posture as all the other judges on the Court who 47 00:02:43,120 --> 00:02:46,520 Speaker 1: have already UM you know who participated in those cases 48 00:02:46,560 --> 00:02:49,000 Speaker 1: and whose you know, reasoning is already a matter of 49 00:02:49,280 --> 00:02:54,680 Speaker 1: UM a public record, and as Alicia Bannon, Senior counsel 50 00:02:54,720 --> 00:02:58,600 Speaker 1: of the Brennan Center's Democracy Program, and Elijah Shapiro, a 51 00:02:58,680 --> 00:03:00,959 Speaker 1: senior fellow in constant you should all studies at the 52 00:03:01,040 --> 00:03:04,680 Speaker 1: Cato Institute. Speaking with Bloomberg Laho Stum Grasso. You can 53 00:03:04,720 --> 00:03:07,239 Speaker 1: listen to Bloomberg Law weekdays at one pm Wall Street 54 00:03:07,280 --> 00:03:10,040 Speaker 1: Time here on Bloomberg Radio. And now you have this 55 00:03:10,120 --> 00:03:13,000 Speaker 1: morning's Bloomberg Law Brief. You can find more legal news 56 00:03:13,040 --> 00:03:15,920 Speaker 1: at Bloomberg Law dot com and Bloomberg Bna dot com. 57 00:03:16,000 --> 00:03:19,760 Speaker 1: Attorneys will find exceptional legal research and business development tools 58 00:03:19,760 --> 00:03:22,760 Speaker 1: there as well. Visit Bloomberg Law dot com and Bloomberg 59 00:03:22,800 --> 00:03:24,920 Speaker 1: BNA dot com for more information.