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Speaker 1: On this episode of New Tory, I would not look

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Speaker 1: to the US Constitution. If I were drafting a constitution,

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Speaker 1: I might look at the Constitution of South Africa. That

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Speaker 1: was a deliberate attempt to have a fundamental instrument of

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Speaker 1: government that embraced basic human right, had an independent judiciary.

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Speaker 1: It really is, I think, a great piece of work

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Speaker 1: that was done. Any one of us who knew her,

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Speaker 1: who loved her, who respected her, and that includes almost

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Speaker 1: anybody who had an appreciation for greatness more in her loss,

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Speaker 1: but would want us to move forward. If Mitch McConnell

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Speaker 1: is not going to honor rbg's final wish, we will.

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Speaker 1: Our nation has mourned the loss of a true American legend.

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Speaker 1: Justice Ruth Bader Ginsberg was a legal giant and a

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Speaker 1: pioneer for women today. It is my honor to nominate

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Speaker 1: one of our nation's most brilliant and gifted legal minds

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Speaker 1: to the Supreme Court. She is a woman of unparalleled achievement,

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Speaker 1: towering intellect, sterling credentials, and unyielding loyalty to the Constitution.

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Speaker 1: Judge Amy Coney Barrett All, this is new due to

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Speaker 1: the virus I'm recording from home, so you may notice

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Speaker 1: a difference in audio quality. I'm going to be talking

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Speaker 1: about the nature of the Supreme Court and the scale

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Speaker 1: of the decision we are going to make as Americans

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Speaker 1: this November, and I will do this as the first

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Speaker 1: of a series called Trump's America, where We're going to

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Speaker 1: look at key issues that illustrate how starkly divided Americans

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Speaker 1: are as they go to vote. This fault the Supreme

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Speaker 1: Court is a particularly interesting one because it has evolved

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Speaker 1: in a way I personally would not have expected. The

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Speaker 1: fact is that with the passing away of Justice Ruth

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Speaker 1: Bader Ginsburg, the world changed. As seen by both liberals

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Speaker 1: and conservatives. The Court has been consistently liberal, starting in

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Speaker 1: the late nineteen thirties with the weight of President Franklin

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Speaker 1: Dono Roosevelt, and for the last almost ninety years, the

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Speaker 1: Court has evolved towards judges who reinterpret the Constitution to

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Speaker 1: fit whatever their social beliefs are that year and conservatives

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Speaker 1: have complained about it and complained about it, and liberals

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Speaker 1: have defended it, and gradually, slowly the Court has begun

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Speaker 1: to move back towards the right. The decision not to

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Speaker 1: fell Scalia's seat when Justice Scalia died while Obama was president.

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Speaker 1: Was a very key decision. President Obama nominated somebody, and

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Speaker 1: he was stopped by the Senate majority leader, Mitch McConnell

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Speaker 1: on the very simple grounds that historical, while presidents can

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Speaker 1: always nominate and should that, in fact, the Senate, if

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Speaker 1: it's not in the same party, has every right to

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Speaker 1: refuse to take it up. This actually goes back to

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Speaker 1: about eighteen hundred and there have been I think twenty

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Speaker 1: nine cases where presidents have in an election year filled

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Speaker 1: the vacancy of a justice. What happened there was that

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Speaker 1: the liberal who had been nominated by Obama, Merritt Gartland,

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Speaker 1: who was blocked because the Republicans controlled the Senate. And

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Speaker 1: in situations historically the president for America is if the

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Speaker 1: presidents from one party and the Senate's controlled by the

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Speaker 1: other party, they very seldom accept a nominee from the

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Speaker 1: president in an election year. On the other hand, if

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Speaker 1: the president and the Senate are the same party, they

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Speaker 1: almost always accept the nominee, and that was the real president.

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Speaker 1: So with the replacement of Scalia by another Conservative, and

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Speaker 1: then the nomination of Justice Kavanaugh, which was probably the

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Speaker 1: most bitter process of clearing a judge in the US Senate. Ever,

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Speaker 1: you'd have to go back to Robert Burke, who was

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Speaker 1: viciously attacked when he was nominated by President Ronald Reagan.

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Speaker 1: Bork was attacked so personally that the term to Bork

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Speaker 1: was actually accepted by the Oxford Dictionary as a legitimate term.

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Speaker 1: From American politics, a colloquial was a meaning to be smeared.

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Speaker 1: And then Clarence Thomas, who was also a conservative, was

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Speaker 1: similarly assaulted and was really at one point himself, and

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Speaker 1: a very powerful emotional speech said to the Senate Judiciary

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Speaker 1: Committee chaired by Joseph Biden that it was the equivalent

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Speaker 1: of television age lynching, and as a black guy, he

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Speaker 1: understood exactly what they were doing to him. I recommend

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Speaker 1: you could sometimes going either watch the video or read

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Speaker 1: justice s very powerful statement. So conservatives have often had

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Speaker 1: a hard time, but Kavanas was the most ruthless, the

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Speaker 1: most dishonest that we had seen up till now, and

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Speaker 1: yet he got through, not by a big margin, but

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Speaker 1: he got through. So now the court had a nominal

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Speaker 1: five to four conservative majority. But the truth was that

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Speaker 1: the Chief Justice is not totally reliable. In fact, I

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Speaker 1: have no idea how the Chief Justice will vote on

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Speaker 1: any particular day and what will motivate him. So it

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Speaker 1: wasn't a very stable majority, and there were a fair

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Speaker 1: number of five to four liberal decisions despite the fact

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Speaker 1: of the principle we had control. Justice Ginsburg is an

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Speaker 1: icon long before she was a judge. She was a

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Speaker 1: tremendous advocate for women's rights, won a series of major cases,

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Speaker 1: and then served on the Court for a very long time,

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Speaker 1: and I think was generally regarded as a historic figure

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Speaker 1: in her own right. There's been at least two movies

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Speaker 1: made about her. And when she passed away, I think

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Speaker 1: liberals were suddenly hit by a double effect. First, they

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Speaker 1: had lost somebody who they truly revered and who they

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Speaker 1: really saw as a defender of liberalism on the court.

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Speaker 1: And second, with the vacancy while Donald Trump was president,

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Speaker 1: that meant that she would be replaced by somebody who

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Speaker 1: would be very, very different. And I think that's fair

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Speaker 1: to say that the president's nominee, Amy Coney Barrett, actually

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Speaker 1: is dramatically more conservative than Justice Skinsburg, but also very studious,

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Speaker 1: a Notre Dame law professor, very widely accepted as an

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Speaker 1: appeals court judge and so a legitimate alternative. Hi, this

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Speaker 1: is Nut. I want to invite you to sign up

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Speaker 1: for a yearly subscription to my Inner Circle membership club.

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Speaker 1: We're in a critical time in our history, with the

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Speaker 1: outcome of the next election will set us in a

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Speaker 1: course of two very different American features. As a member

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Speaker 1: of My Inner Circle, you will receive exclusive invitations to

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Speaker 1: join my video conferences with twenty twenty election updates and

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Speaker 1: to attend my members only event Live with Nut for

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Speaker 1: at Newtsentercircle dot com. That's Newts inner Circle dot com

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Speaker 1: and Trump was running for office. One of the ways

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Speaker 1: he convinced conservatives he was real is he'd released a

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Speaker 1: list of conservatives who he would consider for the Supreme Court.

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Speaker 1: So there was no uncertainty on the part of the

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Speaker 1: American people when they went to vote for Trump that

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Speaker 1: he was in fact going to make the courts much

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Speaker 1: more conservative, much more focused on enforcing the Constitution, and

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Speaker 1: dramatically more in the direction of Scalia rather than Ginsburg. Now.

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Speaker 1: Democrats initially tried to argue that it was inappropriate, it

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Speaker 1: was unprecedented that you shouldn't in the last months of

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Speaker 1: the presidency nominate somebody, and gradually that began to fade

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Speaker 1: as people realize that, in fact, historically all of the

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Speaker 1: precedents were that a president does serve for four years,

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Speaker 1: and anytime during that four years they can nominate somebody,

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Speaker 1: and if they nominate somebody and their party controls the Senate,

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Speaker 1: that person's probably going to get through. So as they

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Speaker 1: left began to realize that they really couldn't stop it.

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Speaker 1: A number of Democratic senators began to say publicly, we

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Speaker 1: may slow it down a little bit, but we're not

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Speaker 1: going to stop this. They had to look for a

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Speaker 1: new solution to their problem, and their solution was they

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Speaker 1: would pack the court. That is, if Biden wins, and

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Speaker 1: if the Democrats take over the Senate and keep the House,

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Speaker 1: they're going to expand the number of judges from nine

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Speaker 1: to something more like twelve or fifteen. Now, this actually

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Speaker 1: is proposed by Franklin Delano Roosevelt at the peak of

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Speaker 1: his power, and it should have been kind of a

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Speaker 1: warning to anybody who knew history. When President Roosevelt, who

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Speaker 1: was totally fed up with the conservative Supreme Court knocking

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Speaker 1: out key parts of the New Deal and blocking the

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Speaker 1: rise of socialism in America by emphasizing the writer private

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Speaker 1: contract and the free markets. After he had reelected the

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Speaker 1: gigantic landslide in nineteen thirty six, carrying all the two states,

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Speaker 1: he turned his fury on the Court, came up with

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Speaker 1: precisely the idea of packing the court, and with all

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Speaker 1: of his popularity, watched the concept crash and burn. Because

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Speaker 1: it turned out that Americans are conservative with a small

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Speaker 1: see about the institutions which have protected them. You would

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Speaker 1: think that the Democrats would sort of vaguely remember that

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Speaker 1: the most popular Democratic president at modern times, even when

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Speaker 1: his party had a huge majority in the House and Senate,

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Speaker 1: Roosevelt couldn't pass packing the Court, and the idea gradually

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Speaker 1: began to weigh down Roosevelt, and he only had to

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Speaker 1: abandon it because it was so unpopular. But that doesn't matter.

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Speaker 1: First of all, almost nobody in the left knows any

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Speaker 1: history anyway. On second, they're so desperate to do something,

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Speaker 1: to sort of huff and puff and blow the house down,

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Speaker 1: that they have to have some emotional response to what

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Speaker 1: is beginning to emerge as a reality. If we're going

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Speaker 1: to play by the rules that have governed the country

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Speaker 1: since the beginning, and the Supreme Court is actually going

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Speaker 1: to be a stable institution. Remember there was stable on

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Speaker 1: the left from the late nineteen thirties because ironically, when

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Speaker 1: Roosevelt backed down and decided he couldn't pack the Court,

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Speaker 1: he had so thoroughly scared the Court that they began

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Speaker 1: to compromise and accept parts of the new deal because

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Speaker 1: they just didn't want Roosevelt beating him up anymore. So

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Speaker 1: Roosevelt actually began to move the court, and then over

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Speaker 1: the next few years he had a series of vacancy

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Speaker 1: so he could appoint liberals, and he gradually moved the

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Speaker 1: Court to the left, something which was I think ultimately

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Speaker 1: really imprinted when Eisenhower pointed or a Warren Chief Justice,

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Speaker 1: Warren have been a very liberal governor of California, and

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Speaker 1: Warren turned out to be extraordinary liberal. And then the

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Speaker 1: court from the nine fifty three nomination of war An

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Speaker 1: was clearly on the left. And by on the left,

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Speaker 1: I mean when these justices were faced with what they

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Speaker 1: socially believed versus what the Constitution said, they consistently would

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Speaker 1: impose their social beliefs and they would rewrite the Constitution.

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Speaker 1: As somebody pointed out, we had a permanent constitutional convention

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Speaker 1: in which the switch of one vote created a five

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Speaker 1: four majority to rewrite the Constitution. Certainly not something the

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Speaker 1: founding fathers had in mind. Now we're faced with what

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Speaker 1: will be a six to three conservative majority in a

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Speaker 1: court system, by the way, in which Trump, the extraordinary

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Speaker 1: leadership from Mitch McConnell in the Senate, will have gotten

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Speaker 1: over three hundred judges confirmed, will have switched a whole

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Speaker 1: series of the appeals courts from the left back to conservatism.

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Speaker 1: And so you have a really profound shift underway. So

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Speaker 1: the Democrats find themselves in a situation where because Trump,

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Speaker 1: who's really been very clever about this, has been appointing

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Speaker 1: really young people, you have a whole series of justices

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Speaker 1: who could easily be serving thirty or forty years from them.

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Speaker 1: Now think about that. That means that you could have

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Speaker 1: some of the Trump justices still on the court in

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Speaker 1: two and sixty and of course people live longer, so

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Speaker 1: to be even longer than that. The left is now

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Speaker 1: faced with this huge crisis. Biden knows that he doesn't

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Speaker 1: want a campaign and favor of packing the court because

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Speaker 1: he knows how profoundly unpopular it is. On the other hand,

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Speaker 1: the left wing activists who surround Biden all want to

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Speaker 1: pack the court and they don't care how there it is.

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Speaker 1: And it was very telling to me that in the

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Speaker 1: first debate Chris Wallace could not get Biden to flatly

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Speaker 1: say he would oppose packing the court, and the reason

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Speaker 1: was it would enrage his left. We really may face

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Speaker 1: a choice as fault, which is in a way similar

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Speaker 1: to the choice we faced at sixteen. In twenty sixteen,

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Speaker 1: you had in Hillary Clinton, a solid libberal with a

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Speaker 1: lifetime record, surrounded by friends, so she would have appointed

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Speaker 1: to the Court, and had she had the opportunity, she

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Speaker 1: would have frankly filled all these vacancies with wibbles and

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Speaker 1: guaranteed that for another generation the court would remain on

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Speaker 1: the left. Trump campaigned openly in favor of a conservative,

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Speaker 1: constitutionally oriented court system that would in fact enforce the Constitution,

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Speaker 1: not rewrite it, and the country, by the narrowest of

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Speaker 1: margins in the electoral College, picked Trump, who then kept

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Speaker 1: his word. Well, now you have this enormous choice, which

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Speaker 1: court do you want? If you want the court to

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Speaker 1: remain conservative, and if you want the rules of the

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Speaker 1: game to remain stable, then the only candidate you can

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Speaker 1: count on his Trump. On the other hand, if you're

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Speaker 1: willing to see the court radically changed packed if you

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Speaker 1: will by the Democratic Senator, if they win that and

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Speaker 1: the Democratic House, and by the Democratic President, and then

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Speaker 1: have either three or six between liberal and radical jurors appointed,

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Speaker 1: then you go for Biden. It's going to be that simple.

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Speaker 1: And that's why I think the question which Supreme Court

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Speaker 1: are we going to have is really really vital and

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Speaker 1: is not about the confirmation of Judge Barrett and her

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Speaker 1: becoming justice. It is about something much deeper. Are we

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Speaker 1: going to have a party in control which believes that

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Speaker 1: the traditional system matters and the traditional system should be protected.

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Speaker 1: Are we going to put a party in control that

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Speaker 1: wants to radically change America and as part of that

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Speaker 1: as will to dramatically manipulate the Supreme Court. On the

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Speaker 1: next episode of Trump's America, I'm going to be discussing

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Speaker 1: how both candidates planned to rebuild the greatest economy, the

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Speaker 1: one we had back in February. I'm new to English.

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Speaker 1: This is neutral