1 00:00:00,200 --> 00:00:03,240 Speaker 1: Few organizations have had as much impact on American law 2 00:00:03,360 --> 00:00:06,840 Speaker 1: as the Federalist Society, a group of conservative and libertarian 3 00:00:06,920 --> 00:00:10,319 Speaker 1: legal thinkers founded two as a counter to what they 4 00:00:10,360 --> 00:00:13,360 Speaker 1: saw as a liberal orthodoxy in the nation's law school 5 00:00:13,720 --> 00:00:16,720 Speaker 1: and many of its courts. Its first faculty advisor was 6 00:00:16,760 --> 00:00:19,919 Speaker 1: future Supreme Court Justice Antonin Scalia, and over the years 7 00:00:19,920 --> 00:00:21,919 Speaker 1: the group has gone a long way towards changing the 8 00:00:21,960 --> 00:00:25,760 Speaker 1: conversation about American law. The Federal Society is having its 9 00:00:25,760 --> 00:00:29,880 Speaker 1: annual convention starting today in Washington. Featured speakers include Supreme 10 00:00:29,920 --> 00:00:33,519 Speaker 1: Court Justices Samuel A. Ledo and Clarence Thomas, as well 11 00:00:33,520 --> 00:00:35,960 Speaker 1: as nine of the people who are on Donald Trump's 12 00:00:36,000 --> 00:00:40,159 Speaker 1: list of twenty one perspectives Supreme Court justices. With us 13 00:00:40,159 --> 00:00:44,240 Speaker 1: today is the Federal Society. Federal Society's long time leader 14 00:00:44,280 --> 00:00:48,040 Speaker 1: and executive vice President, Leonard Leo. He met with Donald 15 00:00:48,040 --> 00:00:52,480 Speaker 1: Trump yesterday and discussed the the Supreme Court vacancy. Leonard, 16 00:00:52,560 --> 00:00:55,880 Speaker 1: thanks so much for joining us, especially since it's in 17 00:00:56,080 --> 00:00:59,720 Speaker 1: the middle of your convention. Um, what what's the mood 18 00:00:59,800 --> 00:01:02,920 Speaker 1: at the Federal Society right now? Given Donald Trump's election? 19 00:01:03,160 --> 00:01:06,760 Speaker 1: Is it celebratory, excited or is there a mixture of 20 00:01:06,880 --> 00:01:10,440 Speaker 1: concern over, uh, you know what what the next few 21 00:01:10,520 --> 00:01:15,520 Speaker 1: years will hold and how Donald Trump will approach the law. Well, 22 00:01:15,560 --> 00:01:21,560 Speaker 1: I think there's a lot of exciting anticipation about the 23 00:01:21,680 --> 00:01:29,600 Speaker 1: incoming administration, in particular the opportunity to fill Justice wholey 24 00:01:29,720 --> 00:01:35,520 Speaker 1: is seat with an individual who has a devotion to 25 00:01:35,640 --> 00:01:40,400 Speaker 1: limited constitutional government. Leonard, when you spoke with the President 26 00:01:40,480 --> 00:01:48,920 Speaker 1: elect Trump yesterday, did you discuss specific nominees. President elect 27 00:01:48,960 --> 00:01:54,600 Speaker 1: Trump made it very clear in yesterday's meeting that he 28 00:01:54,640 --> 00:02:00,440 Speaker 1: would be selecting a nominee for the Supercan Court from 29 00:02:00,480 --> 00:02:03,800 Speaker 1: the list of people who had put out during this campaign. 30 00:02:03,840 --> 00:02:09,560 Speaker 1: And we had a very um thorough conversation about that 31 00:02:09,800 --> 00:02:15,519 Speaker 1: list and the need to move forward soon evaluating those 32 00:02:15,600 --> 00:02:19,520 Speaker 1: people and winnowing the list. Um So, I guess that 33 00:02:19,600 --> 00:02:22,840 Speaker 1: means we can exclude Ted Cruz and some other folks 34 00:02:22,880 --> 00:02:25,680 Speaker 1: who are off off the list but have been speculated about. 35 00:02:27,320 --> 00:02:30,240 Speaker 1: Based on what I heard yesterday. If someone is not 36 00:02:30,400 --> 00:02:34,800 Speaker 1: on the list, they're not on the list and not 37 00:02:35,000 --> 00:02:38,600 Speaker 1: being considered. Let me let me ask you. You know, 38 00:02:38,800 --> 00:02:41,919 Speaker 1: Donald Trump was on sixty Minutes the other night and 39 00:02:42,000 --> 00:02:46,800 Speaker 1: he reiterated that he wants to appoint pro life justices 40 00:02:46,880 --> 00:02:49,959 Speaker 1: justices who will overtote to overturn Roe v. Wade. But 41 00:02:49,960 --> 00:02:52,280 Speaker 1: at the same time, he said that the one year 42 00:02:52,320 --> 00:02:58,160 Speaker 1: old decision legalizing the gay marriage is settled law. How 43 00:02:58,240 --> 00:03:00,240 Speaker 1: is it possible to I know, you're some he who 44 00:03:00,240 --> 00:03:02,200 Speaker 1: doesn't just care about a bottom line result. You care 45 00:03:02,200 --> 00:03:05,440 Speaker 1: a lot about you know legal you know legal method 46 00:03:05,480 --> 00:03:09,000 Speaker 1: and how a justice gets to results. How is it 47 00:03:09,040 --> 00:03:12,040 Speaker 1: possible that he might be able to appoint somebody who 48 00:03:12,040 --> 00:03:15,840 Speaker 1: would hold both those thoughts? Well? First of all, I 49 00:03:15,880 --> 00:03:20,520 Speaker 1: think the way Mr Trump talks about the courts purisprudence 50 00:03:21,800 --> 00:03:28,040 Speaker 1: is shorthand and probably the way non lawyers think about 51 00:03:28,400 --> 00:03:32,920 Speaker 1: jurisprudence and the courts. So when he talks about the 52 00:03:32,960 --> 00:03:38,560 Speaker 1: abortion issue, for example, I think what he is probably 53 00:03:38,640 --> 00:03:43,600 Speaker 1: suggesting in a more casual way is that there will 54 00:03:43,640 --> 00:03:47,520 Speaker 1: be abortion related issues that have to be before the 55 00:03:47,560 --> 00:03:53,640 Speaker 1: court future. There are lots of follow on regulations to abortion, 56 00:03:54,480 --> 00:03:59,360 Speaker 1: involving partial birth, abortion, people paying, and other issues at 57 00:03:59,360 --> 00:04:04,480 Speaker 1: the court hasn't fully resolved. Uh, And so I think 58 00:04:04,520 --> 00:04:10,760 Speaker 1: when he talks about ov. Wade, that's probably the way 59 00:04:10,800 --> 00:04:15,120 Speaker 1: he's thinking about it. In terms of the Oberga case 60 00:04:15,360 --> 00:04:22,560 Speaker 1: and gay marriage, I think the marriage issue, right has 61 00:04:22,600 --> 00:04:28,599 Speaker 1: been decided by the Court last year, and in his mind, uh, 62 00:04:28,720 --> 00:04:36,120 Speaker 1: there may be other issues involving LGBT matters, but obviously 63 00:04:36,160 --> 00:04:39,040 Speaker 1: the marriage issue has been decided and it's not as 64 00:04:39,560 --> 00:04:43,320 Speaker 1: blood an area as some of the issues of abortion 65 00:04:43,400 --> 00:04:48,960 Speaker 1: regulation that to this day still percolate through the courts. Leonard, 66 00:04:48,960 --> 00:04:52,760 Speaker 1: when you your society made up that list, part of 67 00:04:52,800 --> 00:04:57,080 Speaker 1: that list to give to Trump, what were your major 68 00:04:57,360 --> 00:05:03,160 Speaker 1: concerns in choosing candidates, Well, they weren't our major concerns. 69 00:05:03,200 --> 00:05:09,839 Speaker 1: I have had a very productive discussion with Ben Canada 70 00:05:09,920 --> 00:05:22,280 Speaker 1: Trump and he wanted people who we're going to be bright, uh, courageous, independent. 71 00:05:24,400 --> 00:05:27,120 Speaker 1: He felt that one of the big problems we've had 72 00:05:27,160 --> 00:05:30,360 Speaker 1: on a Supreme Court in terms of moving away from 73 00:05:30,360 --> 00:05:33,840 Speaker 1: the Constitution is that we've had justices who are weak, 74 00:05:34,680 --> 00:05:39,760 Speaker 1: who don't have the courage and descisiveness to apply the constitutions, 75 00:05:39,880 --> 00:05:42,280 Speaker 1: as he would put it, as it was meant to be. 76 00:05:43,160 --> 00:05:51,039 Speaker 1: So I want to thank our guests. Leonard Leo, the 77 00:05:51,080 --> 00:05:54,760 Speaker 1: executive vice president of the Federalist Society, talking about the 78 00:05:54,800 --> 00:05:57,960 Speaker 1: potential next Supreme Court justice to be nominated by Donald 79 00:05:57,960 --> 00:06:02,480 Speaker 1: Trump and the Federalist Societies Annual Convention that's it for 80 00:06:02,520 --> 00:06:06,080 Speaker 1: this edition of Bloomberg Law. We'll be back tomorrow. Thanks 81 00:06:06,080 --> 00:06:08,880 Speaker 1: to our technical director Reginald Basil and our producer Mark 82 00:06:08,960 --> 00:06:11,960 Speaker 1: Sinnis Kuci. You can find more legal news at Bloomberg 83 00:06:12,000 --> 00:06:15,040 Speaker 1: Law dot com and Bloomberg Being a dot com, plus 84 00:06:15,080 --> 00:06:17,880 Speaker 1: an invaluable website for the legal community at Big Law 85 00:06:17,920 --> 00:06:21,599 Speaker 1: Business dot com. Coming up on Bloomberg Radio, Bloomberg Markets 86 00:06:21,600 --> 00:06:24,600 Speaker 1: with Carol Masser and Corey Johnson. Carol, what's on the agenda. 87 00:06:24,880 --> 00:06:27,880 Speaker 1: We are live from Finnay Galleries in Midtown Manhattan. We're 88 00:06:27,880 --> 00:06:30,600 Speaker 1: gonna be talking with the director and CEO at Finnay Galleries, 89 00:06:30,640 --> 00:06:33,159 Speaker 1: talk about the art market as another asset class. So 90 00:06:33,240 --> 00:06:36,520 Speaker 1: much to cover on this Thursday. Back to you guys. Fantastic, 91 00:06:36,560 --> 00:06:38,920 Speaker 1: Thank you, Carol Masser. Stay tuned for all that and 92 00:06:38,960 --> 00:06:41,960 Speaker 1: more here on Bloomberg Radio. This is Bloomberg