1 00:00:00,080 --> 00:00:02,960 Speaker 1: Now it's time for our daily Bloomberg Law Brief, exploring 2 00:00:03,080 --> 00:00:05,200 Speaker 1: legal issues in the news, and the law Brief is 3 00:00:05,280 --> 00:00:10,040 Speaker 1: brought to you by American Arbitration Association. Business disputes are inevitable, 4 00:00:10,320 --> 00:00:14,560 Speaker 1: Resolve Faster with the American Arbitration Association, the global leader 5 00:00:14,600 --> 00:00:18,280 Speaker 1: and alternative dispute resolution for over ninety years. More at 6 00:00:18,320 --> 00:00:22,840 Speaker 1: a d r dot org. Today Bloomberg Lahostom Grasso discusses 7 00:00:22,840 --> 00:00:26,680 Speaker 1: the Senate confirmation hearings for Neil Gorsch, President Trump's selection 8 00:00:26,720 --> 00:00:29,800 Speaker 1: to replace Antonin Scalia on the Supreme Court. She speaks 9 00:00:29,840 --> 00:00:34,000 Speaker 1: with Elizabeth Widro, president of the Constitutional Accountability Center, and 10 00:00:34,080 --> 00:00:39,200 Speaker 1: Carry Savorino, Chief council at the Judicial Crisis Network. Elizabeth, 11 00:00:39,280 --> 00:00:41,479 Speaker 1: what stood out to you? Well, I thought one thing 12 00:00:41,520 --> 00:00:45,279 Speaker 1: that was really interesting happened just before the break. There 13 00:00:45,360 --> 00:00:49,840 Speaker 1: was a question to Judge Gorseuch about um these repeated 14 00:00:49,840 --> 00:00:52,320 Speaker 1: comments made by Donald Trump on the campaign trail and 15 00:00:52,360 --> 00:00:55,840 Speaker 1: then after um he became president that he would have 16 00:00:56,080 --> 00:01:00,760 Speaker 1: as explicit litmus test the willingness for his nominee to 17 00:01:00,920 --> 00:01:05,280 Speaker 1: automatically overrule ro versus Wade. And the question was put 18 00:01:05,319 --> 00:01:07,880 Speaker 1: to Judge Gorsch, and he said that he would have 19 00:01:07,920 --> 00:01:10,200 Speaker 1: walked out the door if the question had been asked 20 00:01:10,200 --> 00:01:12,720 Speaker 1: of him. The question was not asked of him. Now 21 00:01:12,760 --> 00:01:16,760 Speaker 1: that's really interesting because the question then is, well, Donald 22 00:01:16,800 --> 00:01:18,399 Speaker 1: Trump said over and over that he was going to 23 00:01:18,480 --> 00:01:21,479 Speaker 1: use this litmus test being willing to overturn Roe versus Wade. 24 00:01:21,720 --> 00:01:24,640 Speaker 1: Does that mean he um, you know, decided it wasn't 25 00:01:24,680 --> 00:01:27,080 Speaker 1: going to be his litmus test and private even though 26 00:01:27,080 --> 00:01:28,679 Speaker 1: a lot of people voted for Trump because of this, 27 00:01:29,240 --> 00:01:32,240 Speaker 1: Or did he pick Neil Gorstch knowing that without asking 28 00:01:32,319 --> 00:01:34,840 Speaker 1: him the question his record showed that he would be 29 00:01:34,880 --> 00:01:38,320 Speaker 1: someone who would overturn Roe versus Wade. Carrie, we know 30 00:01:38,480 --> 00:01:42,400 Speaker 1: that Judge Gorsch was chosen from a list given by 31 00:01:42,760 --> 00:01:47,360 Speaker 1: a federal the Federalist Society. Would anyone on that list 32 00:01:47,840 --> 00:01:51,760 Speaker 1: be on that list if they weren't conservative and against 33 00:01:51,880 --> 00:01:54,880 Speaker 1: Roe v. Wade? Well, the list was chosen with an 34 00:01:54,880 --> 00:01:59,200 Speaker 1: eye to finding judges who have a judicial philosophy in 35 00:01:59,200 --> 00:02:01,640 Speaker 1: the line of justice. S Gleean in his mold to 36 00:02:01,720 --> 00:02:04,360 Speaker 1: someone who's going to have an originalist approach to the Constitution, 37 00:02:04,920 --> 00:02:08,000 Speaker 1: looking at the text, looking at the original understanding of 38 00:02:08,040 --> 00:02:10,080 Speaker 1: that text, way that the Constitution or all of its 39 00:02:10,120 --> 00:02:13,680 Speaker 1: amendments the time of their passage um debt. Someone who 40 00:02:13,720 --> 00:02:15,160 Speaker 1: is going to be a textualist when it comes to 41 00:02:15,200 --> 00:02:17,880 Speaker 1: statutory interpretation. But I think another thing that that has 42 00:02:17,880 --> 00:02:21,160 Speaker 1: been repeatedly mentioned as someone who who has the courage 43 00:02:21,240 --> 00:02:23,360 Speaker 1: of their convictions. That means even when they think it 44 00:02:23,360 --> 00:02:26,200 Speaker 1: will be popular reduced um. And we've seen many of 45 00:02:26,200 --> 00:02:29,440 Speaker 1: those cases that Gorsuch has had to try come up today, 46 00:02:29,480 --> 00:02:31,680 Speaker 1: even when it may be sympathetic litigants on the side 47 00:02:31,680 --> 00:02:35,280 Speaker 1: that you don't think legally has the winning argument um. 48 00:02:35,320 --> 00:02:38,000 Speaker 1: That someone who's going to stand up for those principles 49 00:02:38,040 --> 00:02:40,679 Speaker 1: and still come up with the correct legal result, even 50 00:02:40,720 --> 00:02:43,359 Speaker 1: if they're whether there's political pressure, media pressure, or simply 51 00:02:43,440 --> 00:02:46,120 Speaker 1: just going wow, this law is a bad law. But 52 00:02:46,120 --> 00:02:48,000 Speaker 1: as Corsuch has said, you know you're not always going 53 00:02:48,040 --> 00:02:50,160 Speaker 1: to like the laws as they stand. Your job as 54 00:02:50,160 --> 00:02:54,079 Speaker 1: a judge is to apply the law. And that's carry Savorino, 55 00:02:54,240 --> 00:02:57,720 Speaker 1: chief counsel at the Judicial Crisis and Network, and Elizabeth Widerer, 56 00:02:57,760 --> 00:03:01,519 Speaker 1: a president of the Constitutional Accountability Center, speaking with Bloomberg, 57 00:03:01,600 --> 00:03:03,960 Speaker 1: La Hoost joom Grasso. You can listen to Bloomberg Law 58 00:03:04,000 --> 00:03:06,960 Speaker 1: weekdays at one pm Wall Street Time here on Bloomberg 59 00:03:07,080 --> 00:03:09,960 Speaker 1: Radio and among the top stories from Bloomberg Law, the 60 00:03:09,960 --> 00:03:12,959 Speaker 1: Supreme Court has given patent owners more time to sue. 61 00:03:13,000 --> 00:03:16,080 Speaker 1: The ruling came in a case involving adult diapers, and 62 00:03:16,160 --> 00:03:18,560 Speaker 1: it's a victory for a Swedish company s c A, 63 00:03:18,840 --> 00:03:21,919 Speaker 1: in its suit against a smaller competitor accused of copying 64 00:03:21,919 --> 00:03:25,160 Speaker 1: a patented diaper design to lower courts had said an 65 00:03:25,280 --> 00:03:28,880 Speaker 1: SCA unit had waited too long to sue. And that's 66 00:03:28,960 --> 00:03:31,400 Speaker 1: this morning's Bloomberg Law Brief. 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