1 00:00:00,040 --> 00:00:02,360 Speaker 1: Well, now it's time for our daily Bloomberg lab reef 2 00:00:02,440 --> 00:00:05,000 Speaker 1: exploring legal issues in the news, and the law Brief 3 00:00:05,080 --> 00:00:09,399 Speaker 1: is brought to you by American Arbitration Association, International Trade 4 00:00:09,480 --> 00:00:12,440 Speaker 1: or Business Dispute Resolve Faster with the International Center for 5 00:00:12,480 --> 00:00:16,320 Speaker 1: a Dispute Resolution, the leader in alternative dispute Resolution around 6 00:00:16,360 --> 00:00:20,320 Speaker 1: the world. I see d R dot org. Today Bloomberg, 7 00:00:20,400 --> 00:00:24,000 Speaker 1: Lajos juon Grosso and Michael Best speak with Judge James 8 00:00:24,040 --> 00:00:27,080 Speaker 1: Harvey Wilkinson of the Fourth Circuit U s. Court of 9 00:00:27,120 --> 00:00:30,720 Speaker 1: Appeals about the future of the Supreme Court after President 10 00:00:30,760 --> 00:00:35,040 Speaker 1: Donald Trump nominated Neil Gorsuch to replace the late Justice 11 00:00:35,080 --> 00:00:40,600 Speaker 1: Antonin Scalia. Is the Court in fact now an originalist court? Oh? Well, 12 00:00:40,720 --> 00:00:43,360 Speaker 1: I think there's a great deal of difference and among 13 00:00:43,400 --> 00:00:47,000 Speaker 1: the justices as to how attached they are to originalists. 14 00:00:47,159 --> 00:00:51,480 Speaker 1: Even some a regionalists are strong originalists, and all those 15 00:00:51,520 --> 00:00:56,680 Speaker 1: are fairly faint originalist um and Justice Scalia once called 16 00:00:56,760 --> 00:01:00,960 Speaker 1: himself a fainthearted originalist. So there's a real spectrum here 17 00:01:01,040 --> 00:01:06,600 Speaker 1: that we're we're talking about. And originalism is not quite 18 00:01:06,600 --> 00:01:11,200 Speaker 1: the same as liberalism or conservatism. I mean, Scalia is 19 00:01:11,280 --> 00:01:15,200 Speaker 1: generally regarded as a conservative, but he cast some very 20 00:01:15,240 --> 00:01:18,120 Speaker 1: liberal votes. Saw him on the issue of flag burning 21 00:01:18,200 --> 00:01:22,679 Speaker 1: and the right to cross examination, and yeah, he invalidated, 22 00:01:22,760 --> 00:01:27,640 Speaker 1: devoted to invalidate criminal statute such as the Armed Career 23 00:01:27,720 --> 00:01:31,280 Speaker 1: Criminal Act. So it's important not to just take on 24 00:01:31,400 --> 00:01:35,160 Speaker 1: that word originalism and and see it as one and 25 00:01:35,200 --> 00:01:40,360 Speaker 1: the same with conservatism. Judge Wilkinson. Sometimes justices, when they 26 00:01:40,360 --> 00:01:43,000 Speaker 1: are on the bench for a while, don't fulfill the 27 00:01:43,080 --> 00:01:47,120 Speaker 1: expectations of the presidents who appointed them. Tell us a 28 00:01:47,160 --> 00:01:51,440 Speaker 1: little bit about what happens. Well, every president might be 29 00:01:51,480 --> 00:01:54,920 Speaker 1: in for some disappointments and surprises, and that's that's good 30 00:01:55,000 --> 00:01:58,720 Speaker 1: because a justice doesn't take an oath to support the 31 00:01:58,760 --> 00:02:02,600 Speaker 1: president of the United States. Justice takes a note to 32 00:02:02,600 --> 00:02:05,440 Speaker 1: follow the law and to support the Constitution of the 33 00:02:05,560 --> 00:02:09,880 Speaker 1: United States. So the fact that presidents may be disappointed 34 00:02:09,960 --> 00:02:13,160 Speaker 1: doesn't bother me at all. History is just full of 35 00:02:13,280 --> 00:02:17,280 Speaker 1: presidential disappointments. Do you think that with Judge Gorcer going 36 00:02:17,320 --> 00:02:19,960 Speaker 1: on the bench there will be much change in the 37 00:02:20,000 --> 00:02:23,520 Speaker 1: way the Court approaches issues generally or will it be 38 00:02:23,600 --> 00:02:25,400 Speaker 1: kind of the same as it was when Justice Scalia 39 00:02:25,560 --> 00:02:29,399 Speaker 1: was there. See, nobody really knows, because there's there's such 40 00:02:29,400 --> 00:02:32,880 Speaker 1: a difference and judging on the Court of Appeals and 41 00:02:33,000 --> 00:02:35,640 Speaker 1: judging judging on the Supreme Court, where you have a 42 00:02:35,680 --> 00:02:39,880 Speaker 1: weight of ultimate responsibility and you have the huge, mega 43 00:02:40,000 --> 00:02:43,560 Speaker 1: issues and we don't confront those at my level. On 44 00:02:43,600 --> 00:02:47,440 Speaker 1: the Court of Appeals. It's it's much more filling in gaps. 45 00:02:47,560 --> 00:02:51,400 Speaker 1: So how the weight of that responsibility which is just 46 00:02:51,600 --> 00:02:55,880 Speaker 1: enormous and is going to affect someone, I sure can't 47 00:02:55,919 --> 00:02:59,920 Speaker 1: predict it, And that's Judge James Harvey Wilkinson of the 48 00:03:00,000 --> 00:03:03,080 Speaker 1: Four Circuit US Court of Appeals speaking with Bloomberg Law 49 00:03:03,120 --> 00:03:05,600 Speaker 1: host During Grosso and Michael Best. You can listen to 50 00:03:05,600 --> 00:03:08,800 Speaker 1: Bloomberg Law weekdays at one pm Wall Street Time here 51 00:03:08,919 --> 00:03:12,400 Speaker 1: on Bloomberg Radio. That is this Morning's Bloomberg Law Brief. 52 00:03:12,480 --> 00:03:15,079 Speaker 1: You can find more legal news at Bloomberg Law dot 53 00:03:15,120 --> 00:03:19,320 Speaker 1: com and Bloomberg Bena dot com. Attorneys will find exceptional 54 00:03:19,400 --> 00:03:23,040 Speaker 1: legal research and business development tools there as well. Visit 55 00:03:23,040 --> 00:03:26,720 Speaker 1: Bloomberg Law dot com and Bloomberg BNA dot com for 56 00:03:26,840 --> 00:03:27,760 Speaker 1: more information.