1
00:00:03,480 --> 00:00:07,560
Speaker 1: Welcome to the Bloomberg Law Podcast. I'm June Grosso. Every

2
00:00:07,640 --> 00:00:10,440
Speaker 1: day we bring you insight and analysis into the most

3
00:00:10,480 --> 00:00:13,399
Speaker 1: important legal news of the day. You can find more

4
00:00:13,480 --> 00:00:18,040
Speaker 1: episodes of the Bloomberg Law Podcast on Apple Podcasts, SoundCloud,

5
00:00:18,320 --> 00:00:22,239
Speaker 1: and on Bloomberg dot com slash podcasts. As Supreme Court

6
00:00:22,360 --> 00:00:25,320
Speaker 1: nominee Brett Kavanaugh prepares to answer questions from the Senate

7
00:00:25,360 --> 00:00:28,760
Speaker 1: Judiciary Committee, Democrats and the Senate are continuing their efforts

8
00:00:28,800 --> 00:00:31,120
Speaker 1: to derail the hearings, which they tried to put off

9
00:00:31,160 --> 00:00:34,920
Speaker 1: this morning. Speaking with ABC's This Week, Wisconsin Republican Senator

10
00:00:35,000 --> 00:00:41,000
Speaker 1: Ron Johnson dismissed democratic concerns. Democrats have more enough information

11
00:00:41,040 --> 00:00:43,960
Speaker 1: to understand that this is a highly qualified jurist that

12
00:00:44,000 --> 00:00:46,800
Speaker 1: should be the next Supreme Court justice. In an earlier time,

13
00:00:46,880 --> 00:00:50,520
Speaker 1: thirty years ago, he would have passed unanimously. It's unfortunate

14
00:00:50,520 --> 00:00:54,200
Speaker 1: that Ted Kennedy began this process of very divisive confirmation

15
00:00:54,240 --> 00:00:58,400
Speaker 1: battles for the Supreme Court joining us as justin excuse

16
00:00:58,400 --> 00:01:00,640
Speaker 1: me joining us as justin? Driver professor with the University

17
00:01:00,680 --> 00:01:04,200
Speaker 1: of Chicago Law School and author of the Schoolhouse Gate,

18
00:01:04,280 --> 00:01:07,039
Speaker 1: Public Education, the Supreme Court and the Battle for the

19
00:01:07,080 --> 00:01:11,920
Speaker 1: American mind. Justin let's start with the Democrats attempts to

20
00:01:12,000 --> 00:01:15,080
Speaker 1: put off the hearing because of they say, there's a

21
00:01:15,120 --> 00:01:19,319
Speaker 1: hundred thousand documents withheld on the doctrine of executive privilege,

22
00:01:19,319 --> 00:01:23,160
Speaker 1: and forty two thousand were released last night, which the

23
00:01:23,520 --> 00:01:29,240
Speaker 1: which only have the which only the committee has access to. Yes,

24
00:01:30,000 --> 00:01:33,720
Speaker 1: this is quite a remarkable scene that unfolded in the

25
00:01:33,800 --> 00:01:38,240
Speaker 1: United States Senate today where Democratic senators were saying that

26
00:01:38,280 --> 00:01:42,240
Speaker 1: we need to postpone this. Uh, and including a number

27
00:01:42,240 --> 00:01:46,520
Speaker 1: of protesters, were getting up. And I think that's attributable

28
00:01:46,640 --> 00:01:50,920
Speaker 1: to the sense that this is a momentous nomination to

29
00:01:51,280 --> 00:01:55,440
Speaker 1: the Supreme Court. And Uh. The Republicans counter, of course,

30
00:01:55,480 --> 00:01:58,160
Speaker 1: with respect to the documents, and say that this nominee

31
00:01:58,240 --> 00:02:03,720
Speaker 1: has released more doctor events then the last five nominees

32
00:02:03,760 --> 00:02:07,600
Speaker 1: to the Supreme Court combined. But that is indicative of

33
00:02:07,680 --> 00:02:13,119
Speaker 1: exactly how long a paper trail Judge Kavanaugh has behind him.

34
00:02:13,600 --> 00:02:17,119
Speaker 1: So he just listened to the senators making their opening statements.

35
00:02:17,480 --> 00:02:21,760
Speaker 1: Did you hear anything that struck you, anything unusual? Or

36
00:02:21,880 --> 00:02:24,440
Speaker 1: was it in the mold of what you expect the

37
00:02:24,480 --> 00:02:27,560
Speaker 1: Democrats to say and what you expect Republicans to say?

38
00:02:28,000 --> 00:02:31,680
Speaker 1: You know, I think that some of the most remarkable

39
00:02:31,760 --> 00:02:35,880
Speaker 1: utterances in the Senate chamber today came not from people

40
00:02:35,880 --> 00:02:41,560
Speaker 1: who were miked, but instead the protesters who were there.

41
00:02:41,600 --> 00:02:46,240
Speaker 1: There were a number of women who were in and

42
00:02:46,280 --> 00:02:49,480
Speaker 1: around the Senate dressed up in costumes from the Handmaiden's

43
00:02:49,520 --> 00:02:52,480
Speaker 1: tail and I was watching the hearings and I heard

44
00:02:52,520 --> 00:02:56,760
Speaker 1: a number of women get up and Protestant have to

45
00:02:56,760 --> 00:03:02,240
Speaker 1: be physically removed, and the you know, the main reason

46
00:03:02,320 --> 00:03:04,840
Speaker 1: for those protests, as far as I could discern, was

47
00:03:05,400 --> 00:03:09,200
Speaker 1: they believe that a Justice Kavanaugh would be the fifth

48
00:03:09,280 --> 00:03:15,400
Speaker 1: vote to overturn ROVERSUS Wade and women's reproductive rights. Looking

49
00:03:15,480 --> 00:03:19,080
Speaker 1: at his past opinions, and particularly there is an opinion

50
00:03:19,080 --> 00:03:22,919
Speaker 1: that's mentioned about a young girl seeking an abortion who

51
00:03:23,040 --> 00:03:27,160
Speaker 1: was in custody of immigration officials. What's your opinion of

52
00:03:27,240 --> 00:03:31,760
Speaker 1: whether he is at fifth vote? Uh? My sense is

53
00:03:31,840 --> 00:03:36,520
Speaker 1: that Justice Kavanaugh, if he's confirmed, would be the fifth

54
00:03:36,600 --> 00:03:41,280
Speaker 1: vote to roll back roversus Wade. UM. It's not to

55
00:03:41,360 --> 00:03:45,360
Speaker 1: say that that would happen all in one fell swoop,

56
00:03:45,520 --> 00:03:50,320
Speaker 1: but one could imagine uh in erosion. Over time, Judge

57
00:03:50,360 --> 00:03:55,160
Speaker 1: Kavanaugh has gone out of his way UM, including UH

58
00:03:55,200 --> 00:03:59,240
Speaker 1: in statements not on the bench to praise a dissent

59
00:03:59,560 --> 00:04:02,920
Speaker 1: in ro versus Wade, and he suggested that this brought

60
00:04:02,960 --> 00:04:06,320
Speaker 1: the Supreme Court into terrain that it did not belong.

61
00:04:06,880 --> 00:04:11,640
Speaker 1: That's a highly unusual statement. So I don't think that

62
00:04:12,320 --> 00:04:15,880
Speaker 1: people should be surprised at all if Judge Kavanaugh ends

63
00:04:15,960 --> 00:04:19,359
Speaker 1: up being the fifth vote on on getting rid of

64
00:04:19,440 --> 00:04:24,640
Speaker 1: ro versus Wade. Yeah. Justin he reportedly told Senator Susan Collins,

65
00:04:24,640 --> 00:04:27,800
Speaker 1: Republican from Maine, who has looked at by Democrats as

66
00:04:27,800 --> 00:04:31,320
Speaker 1: a possible vote against him, that he saw Roe v.

67
00:04:31,480 --> 00:04:35,320
Speaker 1: Wade as quote settled law. Does that tell you anything

68
00:04:35,360 --> 00:04:38,200
Speaker 1: about his opinions about Roe v. Wade or what he

69
00:04:38,279 --> 00:04:43,599
Speaker 1: might do in the future. It tells you nothing. What's soever,

70
00:04:44,400 --> 00:04:49,960
Speaker 1: It is settled law until it becomes unsettled law. And uh,

71
00:04:50,000 --> 00:04:54,360
Speaker 1: you know that's not a guarantee of anything going forward.

72
00:04:54,600 --> 00:04:59,640
Speaker 1: That is a uh statement about what currently exists, rather

73
00:04:59,680 --> 00:05:03,400
Speaker 1: than on what he would do. So, uh, you know,

74
00:05:03,520 --> 00:05:08,120
Speaker 1: people have been making these statements without subtle law. But obviously, uh,

75
00:05:08,200 --> 00:05:12,679
Speaker 1: Supreme Court justices are not, uh you know, duty bound

76
00:05:12,760 --> 00:05:15,920
Speaker 1: to here to precedent no matter what. And the Roberts

77
00:05:15,920 --> 00:05:21,600
Speaker 1: Court recently got rid of a major labor law in

78
00:05:21,640 --> 00:05:24,960
Speaker 1: the form of the Janus opinion dealing with union sees,

79
00:05:25,000 --> 00:05:29,120
Speaker 1: and so there's no guarantee that today's law will be

80
00:05:29,160 --> 00:05:34,719
Speaker 1: good tomorrow. What other legal areas do you see Kavanaugh

81
00:05:34,760 --> 00:05:38,800
Speaker 1: having an impact on the Court's rulings. Yeah, Well, it's

82
00:05:38,839 --> 00:05:42,839
Speaker 1: important to keep in mind who Judge Kavanaugh would be replacing,

83
00:05:42,920 --> 00:05:45,800
Speaker 1: and that of course is his former boss. It's got

84
00:05:45,960 --> 00:05:49,120
Speaker 1: this Anthony Kennedy, and to think about how their years

85
00:05:49,200 --> 00:05:52,560
Speaker 1: may depart. There are two that spring to mind. The

86
00:05:52,680 --> 00:05:58,440
Speaker 1: first deals with affirmative action, race conscious admissions practices. UH

87
00:05:58,720 --> 00:06:05,479
Speaker 1: Justice Kennedy was an improbable savior of affirmative action in

88
00:06:05,720 --> 00:06:11,240
Speaker 1: the UH Fisher case most recently, and looking at Judge

89
00:06:11,279 --> 00:06:14,800
Speaker 1: Kavanaugh's extracurricular writings, it seems to me that he is

90
00:06:14,839 --> 00:06:18,080
Speaker 1: a skeptic of affirmative action. And there are several cases

91
00:06:18,080 --> 00:06:20,280
Speaker 1: that are making their way through the lower courts right

92
00:06:20,320 --> 00:06:23,360
Speaker 1: now that our challenges to affirmtive action, and so that

93
00:06:23,839 --> 00:06:26,599
Speaker 1: UH could those days could be numbered. The second area

94
00:06:26,640 --> 00:06:30,760
Speaker 1: that I identified that Kavanaugh's vote could be controlling and

95
00:06:30,800 --> 00:06:34,480
Speaker 1: moved the Court in a conservative direction would be with

96
00:06:34,520 --> 00:06:41,360
Speaker 1: respect to religion in public schools. UH Justice Kennedy UM

97
00:06:41,560 --> 00:06:47,560
Speaker 1: authored an important opinion UH keeping religion out of public schools,

98
00:06:47,839 --> 00:06:53,920
Speaker 1: and UH Judge Kavanaugh has filed an amicus brief saying

99
00:06:53,960 --> 00:06:57,000
Speaker 1: that he thinks there should be greater ability for there

100
00:06:57,000 --> 00:06:59,200
Speaker 1: to be religion in public schools. So those are two

101
00:06:59,240 --> 00:07:01,680
Speaker 1: hot button issue us that could very well move in

102
00:07:01,720 --> 00:07:06,400
Speaker 1: a conservative direction if Judge Kavanaugh is confirmed. Justin he

103
00:07:06,480 --> 00:07:10,520
Speaker 1: has been going through herings and murder boards to try

104
00:07:10,560 --> 00:07:14,080
Speaker 1: to get him ready for these For these particular questions

105
00:07:14,120 --> 00:07:16,880
Speaker 1: by the Democratic senators, is there any way that they

106
00:07:16,880 --> 00:07:20,960
Speaker 1: can get an answer to questions that previous UH Supreme

107
00:07:20,960 --> 00:07:27,520
Speaker 1: Court nominees have refused to answer? So I the tradition

108
00:07:27,640 --> 00:07:32,000
Speaker 1: is that not very much of consequence happens during UH

109
00:07:32,200 --> 00:07:36,080
Speaker 1: these events. There are some occasional moments of surprise, and

110
00:07:36,120 --> 00:07:41,880
Speaker 1: they need not come incidentally UH from hostile questioners. The

111
00:07:41,960 --> 00:07:47,880
Speaker 1: Judge Bourke was nominated to the Supreme Court in and

112
00:07:48,200 --> 00:07:52,720
Speaker 1: one of his UH less good moments was when he

113
00:07:52,760 --> 00:07:55,280
Speaker 1: was asked by a friendly senator, why do you want

114
00:07:55,280 --> 00:07:58,440
Speaker 1: to be on the Supreme Court and his response was, well,

115
00:07:58,480 --> 00:08:01,800
Speaker 1: I think it would be an intellect tool feast UH,

116
00:08:01,800 --> 00:08:05,760
Speaker 1: and this was regarded understandably as being out of touch

117
00:08:06,960 --> 00:08:10,000
Speaker 1: with the American public and ordinary people on the way

118
00:08:10,080 --> 00:08:13,720
Speaker 1: that law as sects their lives. So h, thank you

119
00:08:13,760 --> 00:08:16,320
Speaker 1: so much, Justin. We've run out of time. Appreciate your

120
00:08:16,880 --> 00:08:20,280
Speaker 1: implications there. Justin Driver, professor at the University of Chicago

121
00:08:20,360 --> 00:08:27,960
Speaker 1: Law School. Democrats have complained about hidden documents and Brett

122
00:08:28,000 --> 00:08:31,320
Speaker 1: Kavanaugh Supreme Court confirmation hearings, but the White House and

123
00:08:31,400 --> 00:08:35,160
Speaker 1: Republican lawmakers remained confident that Kavanaugh will be approved by

124
00:08:35,160 --> 00:08:38,559
Speaker 1: the Senate. Speaking with Fox News Sunday, Senator Lindsey Graham

125
00:08:38,559 --> 00:08:41,560
Speaker 1: said the Appeals Court judge will likely even gain some

126
00:08:41,640 --> 00:08:45,280
Speaker 1: Democratic support if he does well at the hearing. He

127
00:08:45,320 --> 00:08:48,640
Speaker 1: will get My belief is fifty five or higher if

128
00:08:48,640 --> 00:08:50,959
Speaker 1: he does well, and I'm sure he will do will

129
00:08:52,000 --> 00:08:56,200
Speaker 1: joining us as Greg Store, Bloomberg News Supreme Court reporter, Well, Greg,

130
00:08:56,280 --> 00:08:59,600
Speaker 1: if the Democrats do what they did this morning, it

131
00:08:59,640 --> 00:09:02,880
Speaker 1: seems likely that this will go through rather quickly. It does.

132
00:09:03,520 --> 00:09:06,719
Speaker 1: Chuck Grasslely, the committee chairman, seem as if he's going

133
00:09:06,760 --> 00:09:10,800
Speaker 1: to hold them to a tight timeline. Well, he's he's

134
00:09:11,080 --> 00:09:14,480
Speaker 1: uh giving Democrats a little bit of latitude to complain

135
00:09:14,559 --> 00:09:18,360
Speaker 1: about the process. So for the first hour this morning. Uh.

136
00:09:18,440 --> 00:09:22,000
Speaker 1: Democrats repeatedly interrupted the chairman UH as he was trying

137
00:09:22,000 --> 00:09:25,360
Speaker 1: to proceed with the hearing to complain about not receiving

138
00:09:25,400 --> 00:09:29,360
Speaker 1: all those documents. So UH, Senator grassly said, I'm basically said,

139
00:09:29,360 --> 00:09:31,480
Speaker 1: I'm gonna hear you out, but then we're gonna move on.

140
00:09:31,840 --> 00:09:33,840
Speaker 1: Now they have moved on to the opening statements, and

141
00:09:33,840 --> 00:09:36,560
Speaker 1: and the hearings moving more quickly. Yes, he said, he said,

142
00:09:36,679 --> 00:09:38,800
Speaker 1: I believe he said something the effect that's easier for

143
00:09:38,840 --> 00:09:41,000
Speaker 1: me to just listen to you than to than to

144
00:09:41,080 --> 00:09:43,600
Speaker 1: stop you from from talking. So just talk. And then

145
00:09:43,640 --> 00:09:46,280
Speaker 1: he ruled the way we knew he would rule in

146
00:09:46,320 --> 00:09:48,560
Speaker 1: the beginning. So, now, did you have you heard anything

147
00:09:48,559 --> 00:09:51,880
Speaker 1: in the opening statements that surprised you in any way? Now,

148
00:09:51,920 --> 00:09:54,360
Speaker 1: so much of this is predictable, predictable, and maybe all

149
00:09:54,400 --> 00:09:57,640
Speaker 1: of it is predictable. Uh. Democrats, in addition to the documents,

150
00:09:57,679 --> 00:10:00,680
Speaker 1: are complaining substantively about things like they're are worried that

151
00:10:00,679 --> 00:10:03,200
Speaker 1: that Roe v. Wade will be overturned. They're talking about

152
00:10:03,679 --> 00:10:07,160
Speaker 1: the Muller investigation. Uh, in the prospect that a Justice

153
00:10:07,200 --> 00:10:10,240
Speaker 1: Kavanaugh would help shield President Trump. They're talking about his

154
00:10:10,320 --> 00:10:14,240
Speaker 1: record on on regulatory issues. Siding with business interests. These

155
00:10:14,240 --> 00:10:16,680
Speaker 1: are all areas that they they foreshadowed would would be

156
00:10:16,720 --> 00:10:19,199
Speaker 1: of interest to them. Now we know that they're going

157
00:10:19,240 --> 00:10:22,720
Speaker 1: to ask about Roe v. Wade. That's the you know,

158
00:10:22,760 --> 00:10:26,240
Speaker 1: the main area where it seems that they're going to focus.

159
00:10:26,320 --> 00:10:29,280
Speaker 1: What other areas might they be focusing on? Well? Uh,

160
00:10:29,520 --> 00:10:33,040
Speaker 1: Senator white House just finished his opening statement, and he

161
00:10:33,160 --> 00:10:35,880
Speaker 1: spent a lot of time talking about not just a

162
00:10:35,960 --> 00:10:39,560
Speaker 1: Brett Kavanaugh, but the Roberts Court and its record UH

163
00:10:39,600 --> 00:10:42,400
Speaker 1: inciding with corporate interests. He talked about the Citizens United

164
00:10:42,440 --> 00:10:47,760
Speaker 1: campaign finance decision. UH, he talked about UH allowing companies

165
00:10:47,800 --> 00:10:51,199
Speaker 1: to enforce arbitration agreements. So this will be not just

166
00:10:51,360 --> 00:10:54,880
Speaker 1: a discussion of Judge Kavanaugh's record and what he would

167
00:10:54,880 --> 00:10:57,440
Speaker 1: bring to the court, as a discussion of where the

168
00:10:57,440 --> 00:11:02,400
Speaker 1: court already is. So greg when you saw Kavanaughs the

169
00:11:02,440 --> 00:11:05,400
Speaker 1: preview of his statement, his opening statement, did it remind

170
00:11:05,440 --> 00:11:08,240
Speaker 1: you of another Supreme Court justice? Yeah? It was certainly

171
00:11:08,240 --> 00:11:12,120
Speaker 1: remarkable that he used the umpire metaphor that now Chief

172
00:11:12,200 --> 00:11:16,480
Speaker 1: Justice John Roberts famously used in his confirmation hearing. UH.

173
00:11:16,600 --> 00:11:18,400
Speaker 1: That that has drawn a lot of criticism from people

174
00:11:18,400 --> 00:11:19,840
Speaker 1: who don't agree with him in a lot of a

175
00:11:19,880 --> 00:11:24,400
Speaker 1: lot of subjects. Um, you know, because the argument goes uh,

176
00:11:24,440 --> 00:11:26,480
Speaker 1: you know, sometimes it's it's not a clear cut case

177
00:11:26,480 --> 00:11:28,640
Speaker 1: of being a ball and strike or a ball or strike.

178
00:11:28,880 --> 00:11:31,800
Speaker 1: Sometimes you have to use your judgment. Uh. And and

179
00:11:31,840 --> 00:11:35,000
Speaker 1: Democrats are questioning the judgment of the people that Republican

180
00:11:35,040 --> 00:11:38,359
Speaker 1: presidents are putting on the court. Is there any indication

181
00:11:38,679 --> 00:11:43,600
Speaker 1: that any of the Republican votes are wavering at all? No,

182
00:11:43,600 --> 00:11:47,000
Speaker 1: none whatsoever, especially that in the committee. The Republicans on

183
00:11:47,040 --> 00:11:49,800
Speaker 1: the Committee are very solid. They see Judge Kavanaugh as

184
00:11:49,880 --> 00:11:54,120
Speaker 1: both being highly qualified in somebody who's committed to uh,

185
00:11:54,800 --> 00:11:56,599
Speaker 1: looking at the law as it's written, not as he

186
00:11:56,800 --> 00:12:00,360
Speaker 1: would want it to be. The Republicans we've been watching

187
00:12:00,400 --> 00:12:04,400
Speaker 1: throughout this process are folks like Senator Susan Collins, who

188
00:12:04,520 --> 00:12:07,800
Speaker 1: is in favor of abortion rights. But she has said

189
00:12:07,840 --> 00:12:11,640
Speaker 1: that in her private conversation with with Judge Kavanaugh that

190
00:12:11,720 --> 00:12:15,880
Speaker 1: he told her he views Rovie Wade as settled precedent,

191
00:12:15,880 --> 00:12:18,560
Speaker 1: a settled precedent of the Supreme Court. And she suggested

192
00:12:18,600 --> 00:12:22,000
Speaker 1: that for her that's good enough. Alright, Well, we know

193
00:12:22,280 --> 00:12:25,880
Speaker 1: that settled precedent means that it's settled until it's overturned

194
00:12:25,880 --> 00:12:29,440
Speaker 1: by the Supreme Court, as we know from Judge Gorstch

195
00:12:29,480 --> 00:12:32,680
Speaker 1: who joined the majority last year in overturning the settled

196
00:12:32,679 --> 00:12:38,160
Speaker 1: precedent in union cases. So let's talk about some of

197
00:12:38,200 --> 00:12:41,920
Speaker 1: what we may hear from the Democrats. Will will we

198
00:12:42,000 --> 00:12:46,640
Speaker 1: hear direct attacks on his opinions because he has a

199
00:12:46,720 --> 00:12:50,400
Speaker 1: lot of opinions that that show that he is of

200
00:12:50,440 --> 00:12:53,800
Speaker 1: a conservative bent. Yeah, there certainly will be. And and

201
00:12:53,840 --> 00:12:56,920
Speaker 1: really for Democrats, they have, even though they're complaining about

202
00:12:56,960 --> 00:12:59,439
Speaker 1: not receiving more material, they have a huge amount of

203
00:12:59,520 --> 00:13:01,559
Speaker 1: stuff in the have to decide what lines of attacks

204
00:13:01,559 --> 00:13:05,480
Speaker 1: are going to they're going to use. Um. Certainly, as

205
00:13:05,480 --> 00:13:07,240
Speaker 1: a judge on the Federal Appeals Court here in d C.

206
00:13:07,480 --> 00:13:11,200
Speaker 1: He has handled a huge number of regulatory cases, and

207
00:13:11,240 --> 00:13:15,440
Speaker 1: his record there is generally to limit what ages agencies

208
00:13:15,480 --> 00:13:19,080
Speaker 1: can do, limit their ability to regulate the environment and

209
00:13:19,120 --> 00:13:22,280
Speaker 1: regulate the internet. Uh, that will be a prime area

210
00:13:22,320 --> 00:13:25,719
Speaker 1: of attack. And certainly Roevie Wade will be something that

211
00:13:25,760 --> 00:13:28,960
Speaker 1: will come up over and over again because Justice Kennedy,

212
00:13:28,960 --> 00:13:31,520
Speaker 1: who has now left the Court was indeed the fifth

213
00:13:31,600 --> 00:13:34,920
Speaker 1: vote UM that was clearly on the side of abortion rights.

214
00:13:35,400 --> 00:13:38,440
Speaker 1: Right now, if if Judge Kavanaugh was confirmed. Roevie Wade

215
00:13:38,600 --> 00:13:42,640
Speaker 1: will be in some jeopardy and executive power is going

216
00:13:42,720 --> 00:13:45,680
Speaker 1: to come into play here. What is his opinion his

217
00:13:45,840 --> 00:13:48,280
Speaker 1: latest opinion on executive power, because he seemed to have

218
00:13:48,280 --> 00:13:51,199
Speaker 1: bounced around a little. Yeah, it will be very interesting

219
00:13:51,240 --> 00:13:55,040
Speaker 1: to hear him discuss that. So you have executive power

220
00:13:55,080 --> 00:13:59,280
Speaker 1: costal services coming up with you know, an expiration of contracts,

221
00:13:59,280 --> 00:14:02,240
Speaker 1: so there was going to be a renewal of contacts

222
00:14:02,240 --> 00:14:05,000
Speaker 1: coming up, and all you know is the president uh,

223
00:14:05,480 --> 00:14:09,640
Speaker 1: you know, able to basically squash the Mueller probe, for example,

224
00:14:09,679 --> 00:14:15,360
Speaker 1: squash the U. S Attorneys probe uh into into Michael Cohen. Uh.

225
00:14:15,559 --> 00:14:20,080
Speaker 1: In those questions of kind of presidential immunity from investigations,

226
00:14:20,080 --> 00:14:24,680
Speaker 1: those two subjects are uh somewhat closely linked. UM on

227
00:14:24,880 --> 00:14:28,880
Speaker 1: both of those, well, on the latter one. Brett Kavanaugh

228
00:14:28,880 --> 00:14:30,800
Speaker 1: has said a number of things over the years. His

229
00:14:30,880 --> 00:14:36,600
Speaker 1: position has clearly evolved over his twenty year career, UM,

230
00:14:36,640 --> 00:14:39,760
Speaker 1: and it will be interesting to hear whether he will

231
00:14:39,760 --> 00:14:42,160
Speaker 1: say anything that sheds light light on how he might

232
00:14:42,240 --> 00:14:45,360
Speaker 1: rule if an issue involving an investigation of President Trump

233
00:14:45,480 --> 00:14:47,920
Speaker 1: comes before the Supreme Court. I think that some of

234
00:14:47,920 --> 00:14:50,360
Speaker 1: the centers are even going to ask him to recuse himself.

235
00:14:50,360 --> 00:14:53,400
Speaker 1: Would he recuse himself in advance? And we know what

236
00:14:53,480 --> 00:14:55,800
Speaker 1: the answer to that will be. Thank you so much, Greg.

237
00:14:56,240 --> 00:14:59,600
Speaker 1: That's Greg Store, Bloomberg News Supreme Court reporter. Thanks for

238
00:14:59,680 --> 00:15:02,920
Speaker 1: listening to the Bloomberg Law Podcast. You can subscribe and

239
00:15:03,000 --> 00:15:06,240
Speaker 1: listen to the show on Apple podcast, SoundCloud, and on

240
00:15:06,320 --> 00:15:11,040
Speaker 1: Bloomberg dot com slash podcast. I'm June Grasso. This is

241
00:15:11,080 --> 00:15:11,720
Speaker 1: Bloomberg