1 00:00:09,880 --> 00:00:13,800 Speaker 1: Welcome to the Bloomberg Surveillance Podcast. I'm Tom Keane Jailey. 2 00:00:13,960 --> 00:00:17,560 Speaker 1: We bring you insight from the best in economics, finance, investment, 3 00:00:18,000 --> 00:00:23,480 Speaker 1: and international relations. Find Bloomberg Surveillance on Apple Podcasts, SoundCloud, 4 00:00:23,600 --> 00:00:28,240 Speaker 1: Bloomberg dot Com, and of course, on the Bloomberg Without Question. 5 00:00:28,840 --> 00:00:31,880 Speaker 1: This is our interview of the day. Are Michael McKee 6 00:00:32,080 --> 00:00:36,240 Speaker 1: with the great dissenter Robert Caplan. Michael, Thank you, Tom, 7 00:00:36,320 --> 00:00:39,560 Speaker 1: and good morning to you President Caplan, Dallas Fed. President 8 00:00:39,600 --> 00:00:42,400 Speaker 1: Caplan one of two dissenters. Last week, as the FAN 9 00:00:42,479 --> 00:00:47,120 Speaker 1: adopted new forward guidance that incorporates average inflation targeting. You 10 00:00:47,240 --> 00:00:51,760 Speaker 1: endorsed the old forward guidance and dissented on the new because, 11 00:00:51,840 --> 00:00:54,960 Speaker 1: according to this statement, you prefer the committee retained greater 12 00:00:55,040 --> 00:01:00,840 Speaker 1: policy flexibility beyond that point. What does that mean? Uh? 13 00:01:01,040 --> 00:01:05,360 Speaker 1: What it means is UH, I believe strongly we should 14 00:01:05,440 --> 00:01:07,959 Speaker 1: keep the current setting of the FED funds rate I 15 00:01:08,160 --> 00:01:12,200 Speaker 1: at zero zero to basis points until we've weathered the 16 00:01:12,200 --> 00:01:16,199 Speaker 1: pandemic and we're well on track to achieve full employment 17 00:01:16,360 --> 00:01:19,919 Speaker 1: and price stability. UH. That, by the way, is probably 18 00:01:19,920 --> 00:01:23,360 Speaker 1: gonna take at least two two and a half three years. 19 00:01:24,240 --> 00:01:27,920 Speaker 1: The issue is beyond that point, once we've weathered the 20 00:01:27,959 --> 00:01:31,600 Speaker 1: pandemic and we're on track to reach our goals, I 21 00:01:31,720 --> 00:01:35,280 Speaker 1: probably think it's appropriate to remain accommodative, or maybe even 22 00:01:35,319 --> 00:01:39,200 Speaker 1: highly accommodative. I'm not sure it's appropriate to decide right 23 00:01:39,200 --> 00:01:42,000 Speaker 1: now that at that point we should leave rates at zero. 24 00:01:42,440 --> 00:01:47,760 Speaker 1: I would rather leave those judgments to future committees, because 25 00:01:47,800 --> 00:01:49,640 Speaker 1: I think the world is going to look very different 26 00:01:50,120 --> 00:01:53,320 Speaker 1: post pandemic than it does now, and I'd rather leave 27 00:01:53,440 --> 00:01:56,640 Speaker 1: the judgment to future committees who can assess all the 28 00:01:56,680 --> 00:01:59,920 Speaker 1: factors that are relevant in order to make that decision. Well, 29 00:02:00,000 --> 00:02:01,760 Speaker 1: does that suggests you think that we could come out 30 00:02:01,760 --> 00:02:07,160 Speaker 1: of this with faster growth than most people are anticipating. Uh? 31 00:02:07,440 --> 00:02:10,040 Speaker 1: Or I'll put it a different way. Uh. In my 32 00:02:10,120 --> 00:02:13,239 Speaker 1: own forecast, I think we're gonna have solid growth in 33 00:02:13,280 --> 00:02:17,799 Speaker 1: the third quarter, annualize a strong fourth quarter, above trend 34 00:02:17,840 --> 00:02:21,600 Speaker 1: growth in one and in my own forecast by the 35 00:02:21,720 --> 00:02:26,440 Speaker 1: year three, and I know that's going out a long ways. Uh, 36 00:02:26,520 --> 00:02:30,520 Speaker 1: we could we could start to approach an unemployment rate 37 00:02:30,880 --> 00:02:33,320 Speaker 1: certainly below four percent, say three and a half to 38 00:02:33,360 --> 00:02:37,000 Speaker 1: four percent, And so I believe that is possible. Obviously, 39 00:02:37,400 --> 00:02:39,120 Speaker 1: we'll have to see, and a lot of that is 40 00:02:39,120 --> 00:02:42,160 Speaker 1: going to depend on how will we manage this virus, 41 00:02:42,639 --> 00:02:46,400 Speaker 1: fiscal policy, and the whole range of other decisions. But 42 00:02:46,520 --> 00:02:50,360 Speaker 1: when we get to that point, the question before the 43 00:02:50,360 --> 00:02:52,760 Speaker 1: House is do you want to do you want to 44 00:02:52,760 --> 00:02:55,520 Speaker 1: still be accommodative and a light of our new framework 45 00:02:55,800 --> 00:02:58,760 Speaker 1: in order to meet our inflation goal? Uh? In order 46 00:02:58,760 --> 00:03:00,960 Speaker 1: to remain accommodative, does that mean we need to leave 47 00:03:01,040 --> 00:03:03,919 Speaker 1: rates at zero? And I'm not sure, but that's the point. 48 00:03:04,680 --> 00:03:06,639 Speaker 1: I think it's hard to know right now that far 49 00:03:06,680 --> 00:03:09,560 Speaker 1: in advance, and I want to make those judgments at 50 00:03:09,600 --> 00:03:14,240 Speaker 1: the time. Is that enough to dissent on important enough 51 00:03:15,880 --> 00:03:18,760 Speaker 1: for me? It? For me it was, And the reason 52 00:03:18,840 --> 00:03:23,280 Speaker 1: it is is by making this commitment now, First of all, 53 00:03:23,360 --> 00:03:25,480 Speaker 1: there are a few reasons why I descended what I 54 00:03:25,560 --> 00:03:28,520 Speaker 1: just went through. And then my own view is I'd 55 00:03:28,600 --> 00:03:31,440 Speaker 1: rather use forward guidance where we got more positive benefit. 56 00:03:31,520 --> 00:03:35,040 Speaker 1: Going into the meeting, the world already thought that rates 57 00:03:35,040 --> 00:03:37,280 Speaker 1: were gonna stay extremely low for the next two or 58 00:03:37,320 --> 00:03:40,440 Speaker 1: three years, and so my concern was by making this 59 00:03:40,480 --> 00:03:43,240 Speaker 1: commitment now, I wasn't sure how much additional benefit we're 60 00:03:43,280 --> 00:03:46,400 Speaker 1: going to be. But on the negative side, it means 61 00:03:46,480 --> 00:03:49,600 Speaker 1: if you're in the in the asset markets, if you're 62 00:03:49,640 --> 00:03:52,360 Speaker 1: a saver, if you're a pension fund, if you're an 63 00:03:52,360 --> 00:03:56,120 Speaker 1: insurance company, if you're a market participant, it basically gives 64 00:03:56,120 --> 00:03:59,000 Speaker 1: you a signal that you're not gonna be You're gonna 65 00:03:59,000 --> 00:04:02,240 Speaker 1: need to take more risk. And my concern is about 66 00:04:02,560 --> 00:04:06,960 Speaker 1: building up excess risk taking, which can create fragilities and 67 00:04:07,000 --> 00:04:10,120 Speaker 1: other excesses in the system which are hard to see 68 00:04:10,280 --> 00:04:13,120 Speaker 1: in real time and easier to seeing in hindsight. That 69 00:04:13,520 --> 00:04:16,520 Speaker 1: could create issues for us to meet our goals. And 70 00:04:16,560 --> 00:04:20,160 Speaker 1: so that was the reason I felt that the costs 71 00:04:20,200 --> 00:04:23,360 Speaker 1: were not worth the benefits. Well, in his news kind 72 00:04:23,360 --> 00:04:25,599 Speaker 1: of French Chairman Powell was it pains to say over 73 00:04:25,640 --> 00:04:28,440 Speaker 1: and over again the new guidance is strong and powerful, 74 00:04:28,480 --> 00:04:30,800 Speaker 1: but there seems to be a lot of skepticism on 75 00:04:30,839 --> 00:04:35,920 Speaker 1: Wall Street about that. Well, and I wouldn't overread the 76 00:04:35,960 --> 00:04:38,159 Speaker 1: market reaction. It's been a few days, and I think 77 00:04:38,200 --> 00:04:43,400 Speaker 1: these decisions usually are not are not. The reaction is 78 00:04:43,440 --> 00:04:47,040 Speaker 1: not measured in three or four trading days. It's measured 79 00:04:47,080 --> 00:04:50,640 Speaker 1: in the full fullness of time. I think making a 80 00:04:50,680 --> 00:04:54,640 Speaker 1: statement that people should expect even beyond the pandemic, that 81 00:04:54,800 --> 00:04:57,040 Speaker 1: rates are going to stay at zero until we reach 82 00:04:57,120 --> 00:05:00,120 Speaker 1: two percent and are on track to moderate leaks. See 83 00:05:00,240 --> 00:05:02,479 Speaker 1: two percent for some time, I think is the months 84 00:05:02,560 --> 00:05:05,479 Speaker 1: and the years go by, I think people will will 85 00:05:05,560 --> 00:05:09,840 Speaker 1: increasingly realize the power of that commitment, and and so 86 00:05:10,160 --> 00:05:12,680 Speaker 1: I think it's more significant than the markets may be 87 00:05:12,760 --> 00:05:16,360 Speaker 1: initially realizing. Well, Washington is consumed now by a fight 88 00:05:16,400 --> 00:05:19,280 Speaker 1: over the Supreme Court, which many analysts say pretty much 89 00:05:19,440 --> 00:05:22,560 Speaker 1: ends chances of getting any kind of additional stimulus, at 90 00:05:22,640 --> 00:05:26,160 Speaker 1: least before the election and possibly afterwards. What does that 91 00:05:26,200 --> 00:05:31,159 Speaker 1: mean for the economy. Well, I think in my forecast 92 00:05:31,240 --> 00:05:35,760 Speaker 1: for this year, UM, I think some additional fiscal stimulus 93 00:05:36,240 --> 00:05:39,040 Speaker 1: is UH is part of that. And one of the 94 00:05:39,120 --> 00:05:43,360 Speaker 1: unusual features of this downturn has been UH consumer spending 95 00:05:43,400 --> 00:05:46,560 Speaker 1: has been very strong despite the elevated unemployment rate. That 96 00:05:46,640 --> 00:05:50,400 Speaker 1: usually doesn't happen in a downturn, and it's happening because 97 00:05:50,480 --> 00:05:54,719 Speaker 1: of strong fiscal support. And so I think some extension 98 00:05:54,760 --> 00:05:58,240 Speaker 1: of unemployment benefits is critical. And I also the second 99 00:05:58,240 --> 00:06:00,520 Speaker 1: thing I mentioned is a to state and local governments 100 00:06:00,560 --> 00:06:03,200 Speaker 1: I think is also important. They all they have big 101 00:06:03,240 --> 00:06:06,760 Speaker 1: fiscal holes they are they are needing to cut back 102 00:06:07,320 --> 00:06:09,680 Speaker 1: because of that right now at a time where we're 103 00:06:09,720 --> 00:06:14,080 Speaker 1: asking the shoulder more responsibilities and fighting the pandemic and 104 00:06:14,080 --> 00:06:18,080 Speaker 1: getting kids back to school and a number of other responsibilities. 105 00:06:18,080 --> 00:06:21,560 Speaker 1: And so I think fiscal uh, some fiscal support. I'm 106 00:06:21,560 --> 00:06:24,400 Speaker 1: still hopeful for it, and I think it's important to 107 00:06:24,480 --> 00:06:29,120 Speaker 1: this recovery. The markets are at this point not just 108 00:06:29,279 --> 00:06:32,080 Speaker 1: discounting what you did last week, but concerns over the 109 00:06:32,080 --> 00:06:35,599 Speaker 1: Supreme Court and a round of uh pandemics. We've been 110 00:06:35,640 --> 00:06:38,760 Speaker 1: asking for months about whether markets were too high and 111 00:06:38,880 --> 00:06:41,960 Speaker 1: might fall, dragging down the economy. What's your read on 112 00:06:42,040 --> 00:06:46,159 Speaker 1: what's going now? Uh? Well, I won't go too far 113 00:06:46,200 --> 00:06:49,440 Speaker 1: in this job commented on the markets other than to say, uh, 114 00:06:50,960 --> 00:06:54,400 Speaker 1: market cap to g d P is currently at historic 115 00:06:54,520 --> 00:06:57,760 Speaker 1: high uh and at historic eise. There's some there's some 116 00:06:57,839 --> 00:07:01,159 Speaker 1: understandable reasons for that, but normally when you've had this 117 00:07:01,279 --> 00:07:04,440 Speaker 1: kind of run, some kind of correction could actually be healthy. 118 00:07:04,839 --> 00:07:07,600 Speaker 1: And so UH. The thing I watch when I see 119 00:07:07,600 --> 00:07:10,880 Speaker 1: a market sell off is our credit spreads widening, and 120 00:07:10,920 --> 00:07:14,000 Speaker 1: I don't see them widening, which tells me right now 121 00:07:14,200 --> 00:07:17,720 Speaker 1: this is more of a correction, maybe not a fundamental change. 122 00:07:17,760 --> 00:07:20,960 Speaker 1: If I saw credit spreads widening along with the sell off, 123 00:07:21,000 --> 00:07:23,320 Speaker 1: that would tell me something different, but I'm not seeing that. 124 00:07:23,720 --> 00:07:27,280 Speaker 1: We'll type, credit spreads and low interest rates suggest the 125 00:07:27,280 --> 00:07:30,120 Speaker 1: FED policy is working at the moment. But if we 126 00:07:30,160 --> 00:07:33,400 Speaker 1: do have a need for additional stimulus and we don't 127 00:07:33,440 --> 00:07:35,720 Speaker 1: get it, is there anything the FED can do or 128 00:07:35,760 --> 00:07:37,560 Speaker 1: are you sort of out of the game done what 129 00:07:37,600 --> 00:07:42,760 Speaker 1: you can do. I think monetary policy has done a lot. 130 00:07:42,880 --> 00:07:47,720 Speaker 1: We still have more things we could do. Uh and 131 00:07:47,880 --> 00:07:50,640 Speaker 1: certainly with either asset purchases, I think we could do 132 00:07:50,720 --> 00:07:53,720 Speaker 1: more to help small mid sized businesses. But I think 133 00:07:53,720 --> 00:07:57,200 Speaker 1: the path of the pandemic, the incidents of the virus, 134 00:07:57,280 --> 00:07:59,880 Speaker 1: is still going to be the number one determinant of 135 00:08:00,040 --> 00:08:02,600 Speaker 1: how fast we recover. And I think some amount of 136 00:08:02,600 --> 00:08:06,640 Speaker 1: fiscal policy secondarily is important. But but I think monetary 137 00:08:06,680 --> 00:08:10,120 Speaker 1: policy will do its part. It's not, though, the primary 138 00:08:10,240 --> 00:08:14,480 Speaker 1: driver of this recovery right now. I think it's still 139 00:08:14,520 --> 00:08:18,520 Speaker 1: how well we manage the virus. The other issue you 140 00:08:18,640 --> 00:08:21,240 Speaker 1: just mentioned the main street lending program, and you also 141 00:08:21,240 --> 00:08:25,360 Speaker 1: talked about the municipal lending facility. UH. German Pole goes 142 00:08:25,400 --> 00:08:27,040 Speaker 1: up to Capitol Hill and they're gonna be asking the 143 00:08:27,080 --> 00:08:29,760 Speaker 1: question why aren't those working. There's been almost no take 144 00:08:29,800 --> 00:08:32,800 Speaker 1: up one loan for the municipal facility, and only two 145 00:08:32,880 --> 00:08:34,839 Speaker 1: tenths of one percent of the money for main Street 146 00:08:34,880 --> 00:08:38,520 Speaker 1: has been lent. What's wrong with the FED programs? Well, 147 00:08:38,760 --> 00:08:41,560 Speaker 1: so let me just segment these. I think it's a 148 00:08:41,600 --> 00:08:44,520 Speaker 1: mistake to judge the effectiveness of most of these programs 149 00:08:44,559 --> 00:08:46,839 Speaker 1: by the take up. The main Street program. Let me 150 00:08:46,880 --> 00:08:49,319 Speaker 1: put off to the side that that's a little bit different. 151 00:08:49,520 --> 00:08:52,000 Speaker 1: But on the municipal finance program is a good example. 152 00:08:52,240 --> 00:08:57,280 Speaker 1: We have backstopped issuance in the municipal finance market with 153 00:08:57,320 --> 00:09:00,600 Speaker 1: a capacity of six billion dollars. As soon as we 154 00:09:00,640 --> 00:09:05,680 Speaker 1: announced that program, uh the municipal finance market rallied money 155 00:09:05,720 --> 00:09:08,280 Speaker 1: flowed into those market. That market. That's true with the 156 00:09:08,320 --> 00:09:10,880 Speaker 1: corporate bond market, it's true with other markets that we've 157 00:09:10,920 --> 00:09:14,559 Speaker 1: done this for. So I actually think that the measure 158 00:09:14,920 --> 00:09:18,880 Speaker 1: of how effective those programs are is is are people 159 00:09:18,960 --> 00:09:21,880 Speaker 1: able to issue in the private market. The fact there 160 00:09:21,880 --> 00:09:24,560 Speaker 1: haven't been there hasn't been much take up. We're intended 161 00:09:24,600 --> 00:09:27,320 Speaker 1: to be backstop pricing. So I think those programs have 162 00:09:27,320 --> 00:09:31,120 Speaker 1: actually been very, very successful. The one program we've scrutinized 163 00:09:31,160 --> 00:09:33,880 Speaker 1: more though, is the main Street program on that program 164 00:09:34,080 --> 00:09:37,120 Speaker 1: take up is a good measure of how effective it's 165 00:09:37,120 --> 00:09:41,040 Speaker 1: been and has has been a lot of discussion. Uh, 166 00:09:41,080 --> 00:09:46,720 Speaker 1: there's still stringent credit requirements for that program. Um the 167 00:09:46,760 --> 00:09:49,760 Speaker 1: banks have to agreed to lend as part of that program, 168 00:09:50,160 --> 00:09:52,880 Speaker 1: and and so we are looking at ways and there's 169 00:09:52,920 --> 00:09:55,959 Speaker 1: been discussion can more be done to make that program 170 00:09:55,960 --> 00:09:59,800 Speaker 1: more attractive? But again, the FED is a lender, not 171 00:10:00,000 --> 00:10:02,880 Speaker 1: a spender, and in order to ease the requirements of 172 00:10:02,920 --> 00:10:05,400 Speaker 1: main Street, you'd have to be willing to tolerate more 173 00:10:05,440 --> 00:10:08,240 Speaker 1: credit losses. And that's not a FED decision, that's a 174 00:10:08,320 --> 00:10:12,000 Speaker 1: decision for Congress in the Treasury. Robert Kaplan, President of 175 00:10:12,040 --> 00:10:13,960 Speaker 1: the Dallas Federal Reserve, thank you for joining us this 176 00:10:14,000 --> 00:10:21,800 Speaker 1: morning on Bloomberg Radio and television worldwide. She has the 177 00:10:21,840 --> 00:10:26,160 Speaker 1: toughest admitted academics, which is women's lacrosse at Stanford. Everybody 178 00:10:26,200 --> 00:10:29,880 Speaker 1: knows that's the toughest thing to do at the undergraduate level. 179 00:10:29,880 --> 00:10:33,280 Speaker 1: And she went on off the lex field to clerk 180 00:10:33,520 --> 00:10:37,400 Speaker 1: for one Ruth Bader Ginsberg, and she joins us now 181 00:10:37,559 --> 00:10:41,920 Speaker 1: this morning. There's so much talked about Lisa we're you know, 182 00:10:42,360 --> 00:10:45,880 Speaker 1: the the the the notoriety of it in the RBG 183 00:10:46,120 --> 00:10:48,720 Speaker 1: thing and all that. I want you to take us 184 00:10:48,840 --> 00:10:52,920 Speaker 1: back to the grind of the day, as David Weston said, 185 00:10:53,400 --> 00:10:56,560 Speaker 1: the grind of clerking at the court. What was the 186 00:10:56,640 --> 00:11:04,880 Speaker 1: Ginsburg grind like? Well? Um, first of all, uh, you know, 187 00:11:05,080 --> 00:11:09,120 Speaker 1: it was my great good fortune to be able to 188 00:11:09,160 --> 00:11:13,559 Speaker 1: clerk with her. Um. She had been a hero of 189 00:11:13,640 --> 00:11:17,000 Speaker 1: mine for many years, having worked at the SLU before 190 00:11:17,200 --> 00:11:21,880 Speaker 1: going to Stanford. Um. You know that the walking into chambers, 191 00:11:21,880 --> 00:11:24,800 Speaker 1: it was a serious place. It was a everybody worked 192 00:11:24,840 --> 00:11:32,920 Speaker 1: extremely hard. She um. She lived for justice, she lived 193 00:11:33,040 --> 00:11:39,600 Speaker 1: for the law. She um, you know, she ran terrific chambers. Um. 194 00:11:39,960 --> 00:11:44,040 Speaker 1: Right at Lisa. The summary of this in Linda Greenhouse's 195 00:11:44,080 --> 00:11:46,840 Speaker 1: effort in The New York Times, I thought really captured it. 196 00:11:46,840 --> 00:11:50,480 Speaker 1: It was a series of steps which culminated with the 197 00:11:50,600 --> 00:11:55,520 Speaker 1: Virginia Military Institute case, the v m I case. You 198 00:11:55,559 --> 00:11:59,120 Speaker 1: were with her then, Was she aware when vm I 199 00:11:59,200 --> 00:12:04,000 Speaker 1: occurred how momentous it would be. Oh, of course, I 200 00:12:04,040 --> 00:12:08,760 Speaker 1: mean the justice having really been responsible for establishing, you know, 201 00:12:08,840 --> 00:12:12,680 Speaker 1: gender equality before the law. As an advocate, Um was 202 00:12:12,720 --> 00:12:17,440 Speaker 1: acutely aware of the importance of that case. And in fact, 203 00:12:17,520 --> 00:12:22,199 Speaker 1: two cases had come up that term. That was both 204 00:12:22,200 --> 00:12:24,480 Speaker 1: the Citadel and v. M I came up at the 205 00:12:24,520 --> 00:12:27,600 Speaker 1: same time. Um. You know, the v. M I case 206 00:12:27,920 --> 00:12:31,520 Speaker 1: was the better case for the Court to take, UM, 207 00:12:31,840 --> 00:12:36,160 Speaker 1: and it was a very important case to her. Um. 208 00:12:36,200 --> 00:12:40,680 Speaker 1: You know, she was honored to be able to draft 209 00:12:40,679 --> 00:12:42,960 Speaker 1: to the opinion, for to write the opinion, to offer 210 00:12:43,000 --> 00:12:47,240 Speaker 1: the opinion for the court. UM, and she cared tremendously 211 00:12:47,440 --> 00:12:51,720 Speaker 1: about everybody's views on that court and holding the the 212 00:12:52,720 --> 00:12:55,959 Speaker 1: big majority that she did in that case that was 213 00:12:56,000 --> 00:13:01,320 Speaker 1: a seven to one case. Justice Thomas Um was refused 214 00:13:01,360 --> 00:13:04,640 Speaker 1: because his son attended b. M I and the loan dissenter. 215 00:13:04,679 --> 00:13:10,280 Speaker 1: There was just it was Justice Scalia, her friend, UM. 216 00:13:10,480 --> 00:13:12,800 Speaker 1: But it was an important case. She thought a great 217 00:13:12,840 --> 00:13:17,000 Speaker 1: deal about it, and she articulated, with reference to Justice 218 00:13:17,000 --> 00:13:23,000 Speaker 1: O'Connor's case before that, she articulated the standard that states 219 00:13:23,120 --> 00:13:28,760 Speaker 1: had to meet when excluding were um, the exceedingly persuasive 220 00:13:28,840 --> 00:13:32,360 Speaker 1: justification standard, which is quite a high hurdle. What would 221 00:13:32,400 --> 00:13:36,080 Speaker 1: you expect from Chief Justice Roberts is he tackles the 222 00:13:36,120 --> 00:13:39,880 Speaker 1: future court whatever the outcome. Maybe what can Chief Justice 223 00:13:40,000 --> 00:13:44,560 Speaker 1: Roberts learn from your tenure. There the the the idea 224 00:13:44,559 --> 00:13:48,880 Speaker 1: of Scalia and Ginsburg is close friends. Can that goodwill 225 00:13:49,120 --> 00:13:55,960 Speaker 1: still maintain on the Roberts Court? I think so. I 226 00:13:56,000 --> 00:13:59,000 Speaker 1: think that the court is an extremely cordial place. There's 227 00:13:59,000 --> 00:14:04,400 Speaker 1: a number of things that they do to maintain that collegiality. 228 00:14:04,440 --> 00:14:07,800 Speaker 1: They shake hands before each oral argument with each other. 229 00:14:08,400 --> 00:14:13,679 Speaker 1: They are good natured and friendly. Um. That is not 230 00:14:13,800 --> 00:14:18,319 Speaker 1: to say that they don't disagree, um, quite vehemently with 231 00:14:18,400 --> 00:14:22,360 Speaker 1: each other. UM. But I do think that with respect 232 00:14:22,360 --> 00:14:27,160 Speaker 1: to the spirit on the court, it's a very cordial place. UM. 233 00:14:27,200 --> 00:14:30,960 Speaker 1: I think you know, it was it was sad to 234 00:14:31,040 --> 00:14:35,720 Speaker 1: see that that middle, that moderate group uh leaves at 235 00:14:35,920 --> 00:14:41,440 Speaker 1: Justice Kennedy, Justice O'Connor, Justice Suitor, and the court become, um, 236 00:14:41,480 --> 00:14:43,840 Speaker 1: you know, a bit more like the country, a bit 237 00:14:43,880 --> 00:14:49,200 Speaker 1: more polarized. UM. But I do think that, you know, 238 00:14:49,240 --> 00:14:53,960 Speaker 1: the justices care about the law, about the interpretation of 239 00:14:53,960 --> 00:14:58,520 Speaker 1: the court. There's tremendous respect for each other on that court, um. 240 00:14:58,560 --> 00:15:00,520 Speaker 1: And I do think there are things to learned from 241 00:15:00,520 --> 00:15:03,840 Speaker 1: her tremendous friendship with Justice Scaliah Lisa. For people who 242 00:15:03,880 --> 00:15:05,920 Speaker 1: are not familiar with the Supreme Court, can you give 243 00:15:06,000 --> 00:15:09,320 Speaker 1: us a sense of the proportion of cases that actually 244 00:15:09,360 --> 00:15:12,720 Speaker 1: do come to a party line vote or a very 245 00:15:12,800 --> 00:15:15,520 Speaker 1: heavily split vote. I mean, can you give us a 246 00:15:15,520 --> 00:15:18,920 Speaker 1: sense of how much unanimity there is actually in the 247 00:15:18,960 --> 00:15:22,360 Speaker 1: vast majority of cases. The majority of the cases are 248 00:15:23,000 --> 00:15:26,120 Speaker 1: decided I believe on unanimous grounds. I mean, it differs 249 00:15:26,200 --> 00:15:29,480 Speaker 1: year to year, but it's really just the big, more 250 00:15:29,560 --> 00:15:33,400 Speaker 1: political cases that tend to come down um in a 251 00:15:33,480 --> 00:15:37,680 Speaker 1: divided in a divided court. And you know those cases 252 00:15:37,840 --> 00:15:41,280 Speaker 1: are usually there's a lot of back and forth during 253 00:15:41,320 --> 00:15:44,360 Speaker 1: the drafting of those opinions and the descents, and those 254 00:15:44,360 --> 00:15:46,960 Speaker 1: cases cases, excuse me, tend to come down at the 255 00:15:47,040 --> 00:15:51,280 Speaker 1: very end of the court's term, the end of June UM. 256 00:15:51,440 --> 00:15:54,760 Speaker 1: But the vast majority of the cases are unanimous decisions 257 00:15:54,800 --> 00:15:59,400 Speaker 1: because the law is relatively clear. Lisa writes, to catch 258 00:15:59,480 --> 00:16:01,440 Speaker 1: up with you this morning, and thank for your time. 259 00:16:01,560 --> 00:16:03,320 Speaker 1: And I's been an upsetting weekends, so thank you very 260 00:16:03,400 --> 00:16:05,520 Speaker 1: much for joining us, Lisa Beattie, Frenning HIGs and that 261 00:16:05,560 --> 00:16:12,240 Speaker 1: they full of collects justice Ruth Bettikinsbeck. Well, we've tried 262 00:16:12,240 --> 00:16:15,480 Speaker 1: to do this morning with work from Lisa fran Heisen, 263 00:16:16,000 --> 00:16:19,160 Speaker 1: David Our, David Weston is get your people with real, 264 00:16:19,520 --> 00:16:23,280 Speaker 1: real tangible experience in this uproar. One of those is 265 00:16:23,360 --> 00:16:26,920 Speaker 1: Russell Wheeler out of the University of Chicago. He's former 266 00:16:26,960 --> 00:16:31,000 Speaker 1: deputy director of the Federal Judicial Center and at Brooking's 267 00:16:31,040 --> 00:16:33,720 Speaker 1: as well, and we are thrilled that Dr Wheeler could 268 00:16:33,760 --> 00:16:35,800 Speaker 1: join us this morning. Dr Wheeler, I want to go 269 00:16:35,840 --> 00:16:39,960 Speaker 1: back to nineteen fifty six and Dwight David Eisenhower, who 270 00:16:40,000 --> 00:16:43,960 Speaker 1: needed the Catholic vote badly. Cardinal Spellman was given it 271 00:16:44,000 --> 00:16:47,040 Speaker 1: to him. You need to hire a Catholic and they 272 00:16:47,120 --> 00:16:49,400 Speaker 1: literally went out and got a guy they thought was 273 00:16:49,480 --> 00:16:53,440 Speaker 1: somewhat conservative and Mr Brennan. Well, that you know changed 274 00:16:53,480 --> 00:16:57,160 Speaker 1: over the years. But we have many many times, back 275 00:16:57,200 --> 00:17:00,520 Speaker 1: to the Middle Supreme Court of the eighteen eighties, we 276 00:17:00,600 --> 00:17:04,800 Speaker 1: have many many times gone through this, haven't we, well, 277 00:17:04,960 --> 00:17:07,160 Speaker 1: many many times gone through what if it's gone through 278 00:17:07,280 --> 00:17:11,760 Speaker 1: election year of vacancies? Not really, there have been eight 279 00:17:11,840 --> 00:17:16,520 Speaker 1: by my account. One of them was the Brennan vacancy 280 00:17:16,560 --> 00:17:21,480 Speaker 1: created by Sherman Minton, whose health failed him. Eisenhower recessed 281 00:17:21,480 --> 00:17:25,840 Speaker 1: appoint to Justice Brandon. Then the Senate handily confirmed him 282 00:17:25,840 --> 00:17:30,120 Speaker 1: in early nineteen fifty seven. That was not controversial, but 283 00:17:30,720 --> 00:17:32,760 Speaker 1: you know, we've come a long way since those days. 284 00:17:33,400 --> 00:17:35,960 Speaker 1: Those days back in the nineteen twenties and justices were 285 00:17:35,960 --> 00:17:38,960 Speaker 1: confirmed basically on the day they were nominated. It's a 286 00:17:38,960 --> 00:17:41,840 Speaker 1: different world. It's a different world today, and what world 287 00:17:41,880 --> 00:17:45,040 Speaker 1: would you expect to see her as a president? Moments ago, 288 00:17:45,240 --> 00:17:48,720 Speaker 1: says he's taking the line of conservative Republicans, let's go, 289 00:17:49,160 --> 00:17:53,920 Speaker 1: let's get this done by the election. Can they accomplish that? Well, 290 00:17:54,000 --> 00:17:56,719 Speaker 1: I they have enough time. I mean, they'd have to 291 00:17:56,880 --> 00:17:58,879 Speaker 1: rush it through. But the Democrats, so they have a 292 00:17:58,880 --> 00:18:02,040 Speaker 1: few monkey ranches. They can slow things down, but not 293 00:18:02,200 --> 00:18:05,800 Speaker 1: much really. So they get there fifty votes plus pence, 294 00:18:05,840 --> 00:18:08,560 Speaker 1: they'll they'll be able to confirm a justice pretty much 295 00:18:08,560 --> 00:18:12,200 Speaker 1: any time before the election or after the election. It 296 00:18:12,280 --> 00:18:16,080 Speaker 1: all hinges, I think on on whether or not how 297 00:18:16,080 --> 00:18:21,440 Speaker 1: many Republican senators decide that it's too hypocritical to vote 298 00:18:21,440 --> 00:18:26,320 Speaker 1: to confirms Trump appointee at this point? How many at 299 00:18:26,320 --> 00:18:29,320 Speaker 1: this point given what happened to Merrick Garland, for you know, 300 00:18:29,359 --> 00:18:32,040 Speaker 1: back in two thousand sixteen, there's been some discussion by 301 00:18:32,040 --> 00:18:36,159 Speaker 1: some Democrats that if Republicans push a nomination, nomination and 302 00:18:36,240 --> 00:18:39,920 Speaker 1: confirmation through, they would possibly talk about packing the court 303 00:18:40,320 --> 00:18:43,560 Speaker 1: if Joe Biden does win the presidency. How realistic is 304 00:18:43,640 --> 00:18:46,520 Speaker 1: that threat? Well, I think it's a lot more realistic 305 00:18:46,520 --> 00:18:49,080 Speaker 1: than it was a couple of days ago. I was 306 00:18:49,160 --> 00:18:52,680 Speaker 1: quite skeptical of that, figuring that you know, you don't 307 00:18:52,720 --> 00:18:57,119 Speaker 1: tamper with institutions that lightly. But I must admit I 308 00:18:57,160 --> 00:18:59,600 Speaker 1: think there's gonna be a lot of pressure to counteract 309 00:18:59,680 --> 00:19:04,280 Speaker 1: a a midnight appointment as what this is? What this 310 00:19:04,320 --> 00:19:08,040 Speaker 1: would be late in the late in the election season 311 00:19:08,080 --> 00:19:10,800 Speaker 1: by a president who you have to say, it looks 312 00:19:10,800 --> 00:19:12,720 Speaker 1: like he's not going to get re elected, so it's 313 00:19:13,480 --> 00:19:16,280 Speaker 1: it's um, it's not a pretty picture. And I think 314 00:19:16,280 --> 00:19:18,399 Speaker 1: the Democrats will come back if they have the Senate 315 00:19:18,400 --> 00:19:20,280 Speaker 1: of the House and the White House, they're going to 316 00:19:20,359 --> 00:19:23,240 Speaker 1: seriously consider doing something to off set it. So what 317 00:19:23,280 --> 00:19:25,119 Speaker 1: would that look like? I mean, this was tried by 318 00:19:25,200 --> 00:19:27,440 Speaker 1: FDR back in the day, But what would a court 319 00:19:27,440 --> 00:19:33,399 Speaker 1: packing kind of measure proceed as as likely? Well, Roosevelt's 320 00:19:33,400 --> 00:19:36,520 Speaker 1: was a little more duplicit. As Roosevelt said, I want 321 00:19:36,520 --> 00:19:40,960 Speaker 1: the authority appoint another judge for any any appellate judge 322 00:19:41,000 --> 00:19:44,240 Speaker 1: over the age of seventy. Um. This is quite direct. 323 00:19:44,320 --> 00:19:46,359 Speaker 1: It just says the Court has been at ninth since 324 00:19:46,400 --> 00:19:51,560 Speaker 1: eighteen sixty eighteen sixty seven traced the size to eleven. Well, 325 00:19:51,600 --> 00:19:53,639 Speaker 1: that's that just there's a lot of work to the 326 00:19:53,640 --> 00:19:56,680 Speaker 1: Supreme Court carpentery shop. But that's all they about. That's 327 00:19:56,680 --> 00:20:00,680 Speaker 1: about all this entail. This is critical. This is just 328 00:20:00,680 --> 00:20:03,800 Speaker 1: just critical. Though the act, the Supreme Court Act of 329 00:20:03,920 --> 00:20:08,400 Speaker 1: eighteen sixty nine, got us to nine members. Is that 330 00:20:08,640 --> 00:20:12,840 Speaker 1: sacral saying? Is that just something that's untouchable. Well, you know, 331 00:20:12,880 --> 00:20:15,640 Speaker 1: the reason it's nine is because at that point there 332 00:20:15,640 --> 00:20:18,720 Speaker 1: were nine circuits and the justice's job back then was 333 00:20:18,800 --> 00:20:21,359 Speaker 1: largely just serve as trial judge on what used to 334 00:20:21,359 --> 00:20:25,359 Speaker 1: be called the circuit courts trial courts, nine circuits, nine justices. 335 00:20:25,440 --> 00:20:27,800 Speaker 1: That's the reason that went up and down when the 336 00:20:27,800 --> 00:20:30,119 Speaker 1: Court locked it in at nine. There's nothing magic about 337 00:20:30,160 --> 00:20:33,320 Speaker 1: that number. It's come, it's come to be regarded that way, 338 00:20:34,119 --> 00:20:37,280 Speaker 1: and most supreme most state supreme courts are nine or less. 339 00:20:37,440 --> 00:20:40,879 Speaker 1: Most world common law courts are are nine or less. 340 00:20:40,880 --> 00:20:44,920 Speaker 1: But you know, in eleven court member member court confunction obviously. 341 00:20:45,280 --> 00:20:47,520 Speaker 1: So this is one final question, and this is just 342 00:20:47,560 --> 00:20:52,960 Speaker 1: so important. You're not uncomfortable forgetting about conservative liberal with 343 00:20:53,040 --> 00:20:57,080 Speaker 1: the idea of an eleven member court. I am uncomfortable 344 00:20:57,119 --> 00:20:59,359 Speaker 1: with it, but I think there's a lot of justification 345 00:21:00,000 --> 00:21:03,280 Speaker 1: if the Republicans ran through this light in a an 346 00:21:03,280 --> 00:21:06,840 Speaker 1: election by a president who's clearly has no he has 347 00:21:06,840 --> 00:21:10,840 Speaker 1: no popular mandate whatsoever to impose a very conservative federal 348 00:21:10,920 --> 00:21:14,560 Speaker 1: judiciary on the country. He ran on that and he 349 00:21:14,600 --> 00:21:17,760 Speaker 1: lost the popular vote massively. So I think the course 350 00:21:17,840 --> 00:21:20,280 Speaker 1: legitimacy is already going to be in tatters if he 351 00:21:20,760 --> 00:21:25,480 Speaker 1: gets another appointment, and it's it's just one more ratcheting 352 00:21:25,520 --> 00:21:29,159 Speaker 1: down of the of the institution. This has been hugely 353 00:21:29,200 --> 00:21:32,120 Speaker 1: beneficial Russell Wheeler, Thank you so much. Dr Wheeler. Of course, 354 00:21:32,119 --> 00:21:34,959 Speaker 1: with Brookings of the former deputy director of the Federal 355 00:21:35,000 --> 00:21:42,920 Speaker 1: Judicial right now, a four hour conversation with Timothy O. 356 00:21:43,040 --> 00:21:45,680 Speaker 1: Barn You can do that with his knowledge of our 357 00:21:45,800 --> 00:21:48,400 Speaker 1: economic politics. Were thrilled that he could join us today 358 00:21:48,440 --> 00:21:52,160 Speaker 1: from Bloomberg Opinion. Tim mcbrian, you and your team after 359 00:21:52,280 --> 00:21:57,600 Speaker 1: right next, I want you to write about the Senate 360 00:21:57,680 --> 00:21:59,960 Speaker 1: decisions that need to be made. I want you to 361 00:22:00,080 --> 00:22:03,080 Speaker 1: do that right now. Collins has spoken, Murkowski has spoken 362 00:22:03,680 --> 00:22:07,359 Speaker 1: of Alaska, Collins of Maine. There's many others. Let's start 363 00:22:07,400 --> 00:22:11,200 Speaker 1: with the former presidential candidate Romney of Utah. Is it 364 00:22:11,320 --> 00:22:15,800 Speaker 1: just a given that he won't support the president on this? Um, 365 00:22:15,840 --> 00:22:17,680 Speaker 1: I don't know that's a given, Tom. I think it's 366 00:22:17,680 --> 00:22:22,520 Speaker 1: a really hard call. I would think that Romney would 367 00:22:22,640 --> 00:22:25,480 Speaker 1: have the same perspective on this is Murkowsky and Collins, 368 00:22:25,520 --> 00:22:29,760 Speaker 1: But I don't know. And imagine there's some horse trading 369 00:22:29,800 --> 00:22:31,960 Speaker 1: going on as well. We spoke to Russell Wheeler of 370 00:22:32,000 --> 00:22:35,119 Speaker 1: Brookings today and he mentioned eight times this is a 371 00:22:35,240 --> 00:22:40,440 Speaker 1: curseince eighty, etcetera. How did the Democrats respond besides raise 372 00:22:40,480 --> 00:22:42,359 Speaker 1: a lot of outrage and raise a lot of money. 373 00:22:42,400 --> 00:22:47,480 Speaker 1: What is their plan? Well, I mean they're powerless right 374 00:22:47,520 --> 00:22:53,040 Speaker 1: now until the election, uh happens because the Republicans stroll 375 00:22:53,080 --> 00:22:55,520 Speaker 1: the Senate and and and the President is going to 376 00:22:55,600 --> 00:22:57,080 Speaker 1: name somebody by the end of the week, and then 377 00:22:57,080 --> 00:23:01,280 Speaker 1: there's going to be thirty nine days to election. To UM, 378 00:23:01,320 --> 00:23:04,040 Speaker 1: I think all Democrats can do at this point is 379 00:23:04,080 --> 00:23:08,560 Speaker 1: rely between now an election day on the integrity and 380 00:23:09,400 --> 00:23:15,240 Speaker 1: courage of Republicans who want the process to remain above board. UM. 381 00:23:15,280 --> 00:23:17,879 Speaker 1: After election day, the real wild cards will then be 382 00:23:17,920 --> 00:23:23,320 Speaker 1: at the Senate, change his hands and if it does, hum, 383 00:23:24,320 --> 00:23:25,880 Speaker 1: you know, then there's I think gonna be some real 384 00:23:26,880 --> 00:23:32,000 Speaker 1: real mud wrestling around this. If McConnell goes ahead and 385 00:23:32,040 --> 00:23:34,119 Speaker 1: Trump goes ahead, and they push this through during a 386 00:23:34,200 --> 00:23:42,400 Speaker 1: lame duck period before next January, and um uh that's 387 00:23:42,400 --> 00:23:44,480 Speaker 1: how it plays out, then I think the issue for 388 00:23:44,520 --> 00:23:48,480 Speaker 1: Democrats will be do they seek retribution come January? Do 389 00:23:48,520 --> 00:23:51,320 Speaker 1: they decide to expand the size of the court and 390 00:23:51,440 --> 00:23:55,199 Speaker 1: make DC in Puerto Rico states? And that's that's going 391 00:23:55,240 --> 00:23:56,920 Speaker 1: to be level three of all this. There's gonna be 392 00:23:56,960 --> 00:24:00,640 Speaker 1: a whole cascading series of events around this. Tim what's 393 00:24:00,680 --> 00:24:06,200 Speaker 1: the downside to President Trump for trying to push this through? Um? 394 00:24:06,240 --> 00:24:10,480 Speaker 1: You know, I think uh, I think for from where 395 00:24:10,520 --> 00:24:14,720 Speaker 1: he sits, nothing because his his strategic view, well doesn't 396 00:24:14,720 --> 00:24:17,800 Speaker 1: have a strategic view. He all he has been about 397 00:24:17,960 --> 00:24:22,960 Speaker 1: is courting his base and and I think putting up 398 00:24:23,000 --> 00:24:27,320 Speaker 1: a conservatives with good bona fides is going to appeal 399 00:24:27,359 --> 00:24:30,080 Speaker 1: to his base. But I think this could be really 400 00:24:30,119 --> 00:24:36,159 Speaker 1: problematic for Republican senators in swing states who are going 401 00:24:36,200 --> 00:24:39,960 Speaker 1: to really need to get women out and uh and 402 00:24:40,119 --> 00:24:43,120 Speaker 1: others on their side to stay alive. And this could 403 00:24:43,160 --> 00:24:45,600 Speaker 1: be a very polarizing nomination. Tim, at the time, we've 404 00:24:45,600 --> 00:24:47,440 Speaker 1: got left with you. I've got to switch gears here, 405 00:24:47,560 --> 00:24:49,800 Speaker 1: and I want to go back to your perspective on 406 00:24:49,920 --> 00:24:53,000 Speaker 1: Bob Woodward and the tapes of the President. I had 407 00:24:53,040 --> 00:24:57,119 Speaker 1: a hockey injury actually in the summer of Vree. Tim, 408 00:24:57,119 --> 00:24:59,600 Speaker 1: this is you were like in grade school whatever, And 409 00:24:59,640 --> 00:25:01,680 Speaker 1: I was and flat on my back and my parents 410 00:25:01,720 --> 00:25:05,199 Speaker 1: family room watching the Watergate hearings addictively. And there it 411 00:25:05,359 --> 00:25:09,040 Speaker 1: was John Dene in June, and then Butterfield I think 412 00:25:09,080 --> 00:25:13,200 Speaker 1: a month later that there were tapes. How did Lindsey 413 00:25:13,240 --> 00:25:18,040 Speaker 1: Graham get the president to do tapes? With Mr Woodward 414 00:25:18,080 --> 00:25:20,760 Speaker 1: as the post I don't think Lindsey Graham got the 415 00:25:20,760 --> 00:25:24,040 Speaker 1: president to do anything. No one really makes Donald Trump 416 00:25:24,320 --> 00:25:28,080 Speaker 1: do something he doesn't want to do. And putting a 417 00:25:28,200 --> 00:25:30,920 Speaker 1: prominent journalist in front of Donald Trump for an interview 418 00:25:31,320 --> 00:25:34,440 Speaker 1: is cat nip to him. And he's an attention addict. 419 00:25:34,440 --> 00:25:37,800 Speaker 1: He's a media addict, and and he can't help himself. 420 00:25:37,880 --> 00:25:40,439 Speaker 1: He the last thing he wants is to not be 421 00:25:40,480 --> 00:25:43,840 Speaker 1: in the spotlight. He'll take bad coverage and he'll take 422 00:25:43,880 --> 00:25:46,560 Speaker 1: good coverage, but he doesn't want to be ignored. And 423 00:25:46,560 --> 00:25:49,120 Speaker 1: and you see glints of this throughout Woodward, the count 424 00:25:49,160 --> 00:25:51,280 Speaker 1: you know. Milania Trump walks into the Olbal office and 425 00:25:51,280 --> 00:25:55,160 Speaker 1: Trump says, look, honey, I'm talking to Bob Woodward while 426 00:25:55,280 --> 00:25:58,720 Speaker 1: what he's saying on tape is utterly uh self. You 427 00:25:58,760 --> 00:26:01,359 Speaker 1: know it's self, imlay. But he doesn't anyway because he 428 00:26:01,400 --> 00:26:04,600 Speaker 1: can't help himself. How will he not help himself in 429 00:26:04,680 --> 00:26:09,720 Speaker 1: this Supreme Court dash? I think. I think if he 430 00:26:09,840 --> 00:26:15,120 Speaker 1: starts campaigning in swing states and this nomination is what's 431 00:26:15,160 --> 00:26:18,879 Speaker 1: front of mine for him as a political uh tool, 432 00:26:19,880 --> 00:26:22,480 Speaker 1: when what's on voters minds for the most part is 433 00:26:22,520 --> 00:26:25,520 Speaker 1: going to be healthcare and the coronavirus in the economy, 434 00:26:26,080 --> 00:26:28,760 Speaker 1: he'll be off message and he has no wiggle room 435 00:26:28,800 --> 00:26:30,920 Speaker 1: to be off message. Too short to visit, Tim O'Brien, 436 00:26:30,960 --> 00:26:33,840 Speaker 1: Thank you so much, Timothy O'Brien, thank your opinion. Thanks 437 00:26:33,880 --> 00:26:38,119 Speaker 1: for listening to the Bloomberg Surveillance podcast. Subscribe and listen 438 00:26:38,359 --> 00:26:43,720 Speaker 1: to interviews on Apple Podcasts, SoundCloud, or whichever podcast platform 439 00:26:43,800 --> 00:26:48,080 Speaker 1: you prefer. I'm on Twitter at Tom Keane before the podcast, 440 00:26:48,160 --> 00:26:51,679 Speaker 1: you can always catch us worldwide. I'm Bloomberg Radio