1 00:00:00,120 --> 00:00:03,320 Speaker 1: President Trump has described his administration as a quote well 2 00:00:03,360 --> 00:00:06,400 Speaker 1: oiled machine. That might not be true as a general matter, 3 00:00:06,600 --> 00:00:08,480 Speaker 1: but it's a pretty apt description when it comes to 4 00:00:08,560 --> 00:00:12,800 Speaker 1: judicial nominations. In addition to the successful Supreme Court nomination 5 00:00:12,840 --> 00:00:16,120 Speaker 1: of now Justice Neil Gorsuch, the president has selected eleven 6 00:00:16,160 --> 00:00:18,680 Speaker 1: men and women to the all important federal appeals courts, 7 00:00:18,920 --> 00:00:21,320 Speaker 1: and three have now been confirmed by the Senate. More 8 00:00:21,360 --> 00:00:23,520 Speaker 1: than two dozen other people have been nominated for federal 9 00:00:23,520 --> 00:00:26,920 Speaker 1: district courts and other tribunals. Democrats are starting to complain 10 00:00:27,000 --> 00:00:29,960 Speaker 1: about the process. A new story in Politico says several 11 00:00:29,960 --> 00:00:32,800 Speaker 1: of the nominations were made without taking the traditional step 12 00:00:33,120 --> 00:00:37,159 Speaker 1: of consulting consulting with the home state senators. With us 13 00:00:37,159 --> 00:00:39,440 Speaker 1: to talk about Donald Trump's campaign to remake the federal 14 00:00:39,520 --> 00:00:43,320 Speaker 1: judiciary is Kerrie Severino, She's chief counsul at the Judicial 15 00:00:43,320 --> 00:00:46,519 Speaker 1: Crisis Network. And Caroline Frederickson, she's the president of the 16 00:00:46,560 --> 00:00:51,080 Speaker 1: American Constitution Society. Welcome to you both, um, Caroline, I 17 00:00:51,360 --> 00:00:54,040 Speaker 1: know you have some concerns about the people Donald Trump 18 00:00:54,080 --> 00:00:56,200 Speaker 1: is supporting, but I want to talk, just if we can, 19 00:00:56,520 --> 00:00:58,880 Speaker 1: at first, just about the scope of what he's doing. 20 00:00:59,520 --> 00:01:01,840 Speaker 1: Is it fair to say that Donald Trump is moving 21 00:01:01,920 --> 00:01:06,560 Speaker 1: much more quickly and assertively to fill vacancies than Barack 22 00:01:06,600 --> 00:01:10,759 Speaker 1: Obama did eight years ago. Well, without a doubt he's UM. 23 00:01:10,800 --> 00:01:13,840 Speaker 1: He has been moving very quickly UM. And I think, 24 00:01:13,880 --> 00:01:17,800 Speaker 1: as you mentioned, the well oiled machine UM seems not 25 00:01:17,840 --> 00:01:21,400 Speaker 1: to apply generally UM with respect to the Trump administration, 26 00:01:21,440 --> 00:01:25,800 Speaker 1: but they have definitely moved much more quickly UM on 27 00:01:26,200 --> 00:01:28,840 Speaker 1: judicial nominations, which I think for many of us because 28 00:01:28,880 --> 00:01:32,000 Speaker 1: of the caliber of the people he's nominating, is very concerning. 29 00:01:32,920 --> 00:01:36,679 Speaker 1: Carry Also, is it true that there have been a 30 00:01:36,760 --> 00:01:39,720 Speaker 1: lot more nominations for him to fill when he entered 31 00:01:39,720 --> 00:01:43,520 Speaker 1: office because of the fact that Mitch McConnell, much as 32 00:01:43,560 --> 00:01:47,480 Speaker 1: he held up the nomination of another Supreme Court justice 33 00:01:47,480 --> 00:01:51,120 Speaker 1: and didn't have any hearings on Merrick Garland, also tried 34 00:01:51,160 --> 00:01:56,240 Speaker 1: to hold back on federal judge nominations. Actually, at the 35 00:01:56,280 --> 00:01:59,440 Speaker 1: end of Obama's term, he had he was confirming judges 36 00:01:59,480 --> 00:02:02,440 Speaker 1: on par at the same time period in George bush 37 00:02:02,520 --> 00:02:06,200 Speaker 1: bushes second term. I think you just have kind of 38 00:02:06,240 --> 00:02:08,280 Speaker 1: a an ebb and flow of the number of vacancies 39 00:02:08,320 --> 00:02:11,359 Speaker 1: and Donald Trump, I I agree, has UM come in 40 00:02:11,440 --> 00:02:15,280 Speaker 1: with a great number of vacancies, and different presidents have 41 00:02:15,400 --> 00:02:17,400 Speaker 1: had more and more or less, but on average, he 42 00:02:17,440 --> 00:02:21,000 Speaker 1: has a hand a great number to fill and then 43 00:02:21,080 --> 00:02:23,920 Speaker 1: made it a higher priority than than President Obama just 44 00:02:23,919 --> 00:02:26,520 Speaker 1: didn't make it a higher priority, particularly his first term. 45 00:02:26,600 --> 00:02:28,320 Speaker 1: So he's certainly moving with a lot more speed than 46 00:02:28,360 --> 00:02:30,440 Speaker 1: President Obama did. I just knew the two of you 47 00:02:30,440 --> 00:02:32,519 Speaker 1: weren't were going to agree on everything, Caroline, and it 48 00:02:32,600 --> 00:02:34,120 Speaker 1: sounds like you wanted to jump in there, go ahead, 49 00:02:34,200 --> 00:02:37,200 Speaker 1: time frameier talking about. But there was a historic vacancy 50 00:02:37,200 --> 00:02:40,280 Speaker 1: because Mitch McConnell decided that the last two years of 51 00:02:40,320 --> 00:02:45,560 Speaker 1: Obama's presidency wasn't gonna allow any judges practically to get through. So, um, 52 00:02:45,919 --> 00:02:48,320 Speaker 1: let's set the record straight here. Um, the reason why 53 00:02:48,400 --> 00:02:51,000 Speaker 1: Donald Trump is presented with so many vacancies is because 54 00:02:51,040 --> 00:02:55,360 Speaker 1: Mitch McConnell is a fierce partisan, uh and took it 55 00:02:55,400 --> 00:02:58,640 Speaker 1: out on our nation's court system and left so many 56 00:02:59,400 --> 00:03:02,400 Speaker 1: vacancy eats and now they're jamming through. I like to 57 00:03:02,480 --> 00:03:06,360 Speaker 1: quote back Kerry who accused President Obama simply of trying 58 00:03:06,680 --> 00:03:08,840 Speaker 1: when he tried to fill vacant seats on the d 59 00:03:08,919 --> 00:03:11,440 Speaker 1: C circuit of packing the courts. We'll actually think that 60 00:03:11,440 --> 00:03:13,359 Speaker 1: that's what Donald Trump is trying to do. He's trying 61 00:03:13,360 --> 00:03:17,080 Speaker 1: to pack the courts with a bunch of of very 62 00:03:17,200 --> 00:03:20,799 Speaker 1: um questionable nominees. Caroline, let me before we go back 63 00:03:20,840 --> 00:03:23,240 Speaker 1: to Carry, I want to ask you, given the way 64 00:03:23,280 --> 00:03:28,400 Speaker 1: you just describe Republicans acting, um, are we not seeing 65 00:03:28,680 --> 00:03:31,720 Speaker 1: some of the same tactics from the Democrats? What what 66 00:03:31,760 --> 00:03:33,480 Speaker 1: are you seeing from the Democrats and dealing with the 67 00:03:33,520 --> 00:03:36,960 Speaker 1: Trump nominations. It seems like they are trying to push 68 00:03:36,960 --> 00:03:40,560 Speaker 1: back pretty hard. Well, you know, they have very limited leverage. Honestly, 69 00:03:40,760 --> 00:03:43,840 Speaker 1: the uh what they are trying to do is assert 70 00:03:43,960 --> 00:03:48,480 Speaker 1: their constitutional advice and consent role. Um. They're supposed to 71 00:03:48,480 --> 00:03:52,440 Speaker 1: be consulted before nominations get sent to the Senate. Um, 72 00:03:52,480 --> 00:03:55,240 Speaker 1: they're supposed to have a role that is played in 73 00:03:55,280 --> 00:03:59,120 Speaker 1: the Senate historically through the blue slip process um where 74 00:03:59,160 --> 00:04:01,680 Speaker 1: home state senators get to register whether or not they're 75 00:04:01,800 --> 00:04:07,360 Speaker 1: in agreement with the nominees um, and that's not being respected. Carry. 76 00:04:07,440 --> 00:04:10,840 Speaker 1: As far as the blue slip plot process, I'd like 77 00:04:10,880 --> 00:04:13,840 Speaker 1: you to explain it and whether it is supposed to 78 00:04:13,880 --> 00:04:18,800 Speaker 1: be used for for home state senators who don't want 79 00:04:18,880 --> 00:04:22,080 Speaker 1: to approve who or who don't approve of the judicial 80 00:04:22,120 --> 00:04:25,840 Speaker 1: nominee before them. So the blue slip process isn't the 81 00:04:25,880 --> 00:04:29,680 Speaker 1: Senate rule or any any laid down rule. It's a 82 00:04:29,680 --> 00:04:32,839 Speaker 1: practice of senatorial courtesy that goes back about a hundred 83 00:04:32,880 --> 00:04:35,080 Speaker 1: years and really under every judiciary committee has had a 84 00:04:35,080 --> 00:04:37,919 Speaker 1: different process for most of its history. UM, And I 85 00:04:37,960 --> 00:04:41,280 Speaker 1: think that's what as it described now. It doesn't mean 86 00:04:41,480 --> 00:04:44,040 Speaker 1: an absolute block on a nominee where the blue slip 87 00:04:44,080 --> 00:04:47,360 Speaker 1: has not been returned, or even where negative blue slip 88 00:04:47,400 --> 00:04:50,600 Speaker 1: has been returned from that home state senator. And that's 89 00:04:50,600 --> 00:04:53,039 Speaker 1: what Democrats seemed to be asking at this point. But 90 00:04:53,080 --> 00:04:56,640 Speaker 1: that's that's simply not historical for what has been happening. However, 91 00:04:56,960 --> 00:04:59,320 Speaker 1: at this point, we haven't had anyone moved forward that 92 00:04:59,360 --> 00:05:02,280 Speaker 1: didn't have a slips return. So I'm not I'm not 93 00:05:02,320 --> 00:05:05,440 Speaker 1: actually sure what but Freaderson complaining about. At this point, 94 00:05:05,640 --> 00:05:08,479 Speaker 1: we have had Democrats holding up trying to hold up 95 00:05:08,520 --> 00:05:11,640 Speaker 1: nominee saying, oh, we need time to look at these nominees. UM, 96 00:05:12,160 --> 00:05:14,480 Speaker 1: a link of time that I would describe as unreasonable 97 00:05:14,480 --> 00:05:16,800 Speaker 1: when these are people who are well known in their 98 00:05:16,800 --> 00:05:19,520 Speaker 1: home states. The ideas these senators should know their states 99 00:05:19,520 --> 00:05:22,560 Speaker 1: well Historically it was more common they give them seven 100 00:05:22,640 --> 00:05:25,080 Speaker 1: days to return their blue slips. Now senators are asking 101 00:05:25,160 --> 00:05:27,640 Speaker 1: for extended periods of time, and it's really just a 102 00:05:27,680 --> 00:05:30,000 Speaker 1: matter of foot dragging, as we've seen the Democrats doing 103 00:05:30,000 --> 00:05:34,119 Speaker 1: with confirming uh, the Trump nominees from the cabinet on doubt. 104 00:05:34,320 --> 00:05:37,360 Speaker 1: Kerry Um, you're talking a moment ago about you said 105 00:05:37,600 --> 00:05:41,000 Speaker 1: Democrats are are sort of dragging their feet and handing 106 00:05:41,000 --> 00:05:43,320 Speaker 1: in the so called blue slips that are the home 107 00:05:43,360 --> 00:05:47,880 Speaker 1: state senators basically saying, uh, go ahead and consider a nominee. 108 00:05:48,440 --> 00:05:52,440 Speaker 1: Um are when you look big picture at at everything 109 00:05:52,480 --> 00:05:55,480 Speaker 1: Republicans and Democrats have been doing on the subject of 110 00:05:55,560 --> 00:05:59,960 Speaker 1: judicial nom nominations. Are Democrats really doing anything that Republicans 111 00:06:00,040 --> 00:06:02,160 Speaker 1: didn't do when the shoe was on the other foot 112 00:06:02,200 --> 00:06:06,200 Speaker 1: in Barack Obama was in the White House. Well, we've 113 00:06:06,200 --> 00:06:08,000 Speaker 1: been talking about the blue sliss up until now. But 114 00:06:08,040 --> 00:06:10,440 Speaker 1: I think a real significant point that is a big 115 00:06:10,440 --> 00:06:13,560 Speaker 1: contrast is the way they've used just Senate procedure to 116 00:06:13,600 --> 00:06:17,960 Speaker 1: require extensive amounts of debate, debate for all these nominees. 117 00:06:18,000 --> 00:06:20,800 Speaker 1: You even have David and I who was a nominee 118 00:06:20,800 --> 00:06:24,479 Speaker 1: who was a former Obama nominee who had unanimous support 119 00:06:24,520 --> 00:06:27,080 Speaker 1: in the Senate a hundred votes, who they required that 120 00:06:27,000 --> 00:06:30,440 Speaker 1: the Republican Senators to go through culture required them to 121 00:06:30,800 --> 00:06:34,680 Speaker 1: spend thirty hours of debate allocated to his nomination. These 122 00:06:34,720 --> 00:06:37,359 Speaker 1: are nominees who would have absolutely been confirmed by a 123 00:06:37,440 --> 00:06:41,760 Speaker 1: voice vote by unanimous consent um in any other type 124 00:06:41,760 --> 00:06:44,240 Speaker 1: of administration. Typically there are a lot of judges who 125 00:06:44,320 --> 00:06:47,240 Speaker 1: were confirmed that way, and nowadays this is not something 126 00:06:47,279 --> 00:06:50,159 Speaker 1: that they reserve for anyone who's even remotely controversial. It 127 00:06:50,240 --> 00:06:53,200 Speaker 1: is just simply everyone across the board. Again, even people 128 00:06:53,440 --> 00:06:56,520 Speaker 1: who have unanimous support, they're trying to pull out all 129 00:06:56,520 --> 00:06:59,840 Speaker 1: these procedural stops to slow the process down. That's that 130 00:07:00,080 --> 00:07:03,000 Speaker 1: abuse of the process and shouldn't be shouldn't be continued. 131 00:07:03,000 --> 00:07:05,920 Speaker 1: It's not in the best interests of the American people. Caroline, 132 00:07:05,920 --> 00:07:09,880 Speaker 1: I want to talk about controversial appointment John Bush. He 133 00:07:10,040 --> 00:07:13,920 Speaker 1: was confirmed to the sixth Circuit. Just some of the 134 00:07:13,960 --> 00:07:18,400 Speaker 1: more notable things that he did was or said was 135 00:07:18,440 --> 00:07:23,520 Speaker 1: he compared abortion to slavery. He also spread Obama conspiracy 136 00:07:23,680 --> 00:07:28,960 Speaker 1: theories on blogs. Does his confirmation indicate and it was 137 00:07:29,040 --> 00:07:32,760 Speaker 1: down party lines mean that there is no way for 138 00:07:32,880 --> 00:07:37,400 Speaker 1: Democrats to block a Trump appointee, even one that stands 139 00:07:37,440 --> 00:07:45,200 Speaker 1: out as unique. Caroline, Yes, can you hear me? Yes? 140 00:07:45,760 --> 00:07:47,880 Speaker 1: Go ahead? So I did, I just want to This 141 00:07:48,000 --> 00:07:50,920 Speaker 1: actually relates to something that Kerry was just saying. Um. 142 00:07:50,960 --> 00:07:54,000 Speaker 1: You know, the major point here is that, Um, the 143 00:07:54,080 --> 00:07:57,280 Speaker 1: Republicans did away with the filibuster for all traditional nominations 144 00:07:57,280 --> 00:08:00,720 Speaker 1: and so UM, the reason why they were so many 145 00:08:00,840 --> 00:08:05,040 Speaker 1: vacancies is that they created them by blocking every single 146 00:08:05,080 --> 00:08:07,880 Speaker 1: one of of President Obama's and keeping those seats open. 147 00:08:07,920 --> 00:08:11,680 Speaker 1: That doesn't exist anymore. So, uh, you know, there are 148 00:08:11,720 --> 00:08:15,280 Speaker 1: other tactics that the Democrats are forced to use. UM, 149 00:08:15,600 --> 00:08:19,760 Speaker 1: and partly because these nominees are really so extreme. UM. 150 00:08:19,800 --> 00:08:25,160 Speaker 1: And the conspiracy theory that the nominee was active in 151 00:08:25,200 --> 00:08:28,000 Speaker 1: spreading was that President Obama was not American, that he 152 00:08:28,080 --> 00:08:32,960 Speaker 1: was Kenyan, uh, and therefore not appropriate as as the president. 153 00:08:33,000 --> 00:08:35,679 Speaker 1: I mean, this is completely out of line with what 154 00:08:35,720 --> 00:08:41,480 Speaker 1: we should be expecting for the caliber of our federal judges. UM. 155 00:08:41,520 --> 00:08:44,600 Speaker 1: And so it is very concerning. UM. There have been 156 00:08:44,600 --> 00:08:49,319 Speaker 1: others who are equally disturbing. UH. Nominee who has called 157 00:08:49,400 --> 00:08:52,840 Speaker 1: Justice Kennedy a judicial prostitute. I mean, these aren't the 158 00:08:52,880 --> 00:08:55,120 Speaker 1: kind of people we think have the right temperament to 159 00:08:55,200 --> 00:08:57,960 Speaker 1: be sitting on the federal bench. Karl, let me have 160 00:08:58,040 --> 00:09:00,319 Speaker 1: you responded that in particularly with John Bush is now 161 00:09:00,360 --> 00:09:04,080 Speaker 1: on He's now judge. Bush was confirmed by by the Senate. 162 00:09:04,160 --> 00:09:06,400 Speaker 1: But you heard June describes some of the things that 163 00:09:06,440 --> 00:09:10,240 Speaker 1: he said as a blogger. Um, is he in the mainstream? 164 00:09:10,320 --> 00:09:13,560 Speaker 1: Is he fit to be a federal judge? Well, first, 165 00:09:13,600 --> 00:09:15,800 Speaker 1: I do have to correct one glaren factual error where 166 00:09:15,840 --> 00:09:18,559 Speaker 1: she said Republicans were the ones who elimited the judicial filibuster, 167 00:09:18,800 --> 00:09:21,840 Speaker 1: completely false. That was Harry Reid in two thousand thirteen 168 00:09:21,840 --> 00:09:24,400 Speaker 1: who did so in order to allow President Obama to 169 00:09:24,400 --> 00:09:26,480 Speaker 1: fill up the DC circuit, which had the lowest caseload 170 00:09:26,480 --> 00:09:28,960 Speaker 1: of the nation, and were judges were twiddling their thumbs. 171 00:09:29,160 --> 00:09:31,880 Speaker 1: This is why I thought you shouldn't be packing that court. So, Um, 172 00:09:31,960 --> 00:09:34,079 Speaker 1: the the Republicans helped get rid of it for the 173 00:09:34,160 --> 00:09:36,080 Speaker 1: last step, which was the Supreme Court. But all of 174 00:09:36,120 --> 00:09:38,840 Speaker 1: these are appellate nominees that had everything to do with 175 00:09:38,880 --> 00:09:42,240 Speaker 1: Harry read nothing to do with Republicans. Um. These nominees 176 00:09:42,280 --> 00:09:46,640 Speaker 1: are people who are fulfilling President Bushes or President Trump's 177 00:09:47,080 --> 00:09:50,560 Speaker 1: promise campaign promise that was very significant in this last selection. 178 00:09:50,640 --> 00:09:52,680 Speaker 1: I think a key to his winning, which is he 179 00:09:52,720 --> 00:09:54,720 Speaker 1: wants to put nominees McCourt who are going to be 180 00:09:54,760 --> 00:09:56,680 Speaker 1: in the line of Justice Scalio, who are going to 181 00:09:56,679 --> 00:09:59,480 Speaker 1: be committed to the Constitution and the law as written. 182 00:09:59,720 --> 00:10:02,680 Speaker 1: That something that in this election was squarely before the 183 00:10:02,679 --> 00:10:03,960 Speaker 1: people in a way that I don't know that it 184 00:10:04,000 --> 00:10:07,120 Speaker 1: ever has been in a presidential election before. And we 185 00:10:07,200 --> 00:10:10,320 Speaker 1: even saw one fifth of voters going to the polls 186 00:10:10,400 --> 00:10:12,880 Speaker 1: with that is their number one issue, and they broke 187 00:10:12,920 --> 00:10:16,880 Speaker 1: decidedly for Trump. So these nominees are are fulfilling that 188 00:10:16,920 --> 00:10:20,280 Speaker 1: campaign promise. And I think their their judicial philosophy is 189 00:10:20,280 --> 00:10:21,920 Speaker 1: the most important thing here, and that is that is 190 00:10:22,040 --> 00:10:26,839 Speaker 1: very squarely in line with Justice Scalia. Caroline. Is everybody 191 00:10:26,880 --> 00:10:30,040 Speaker 1: like John Bush? Um? You know, I look at somebody 192 00:10:30,040 --> 00:10:32,320 Speaker 1: like Kevin Newsom, the last judge who was confirmed. I 193 00:10:32,360 --> 00:10:34,640 Speaker 1: know him a little bit. Um. He's somebody who clerked 194 00:10:34,640 --> 00:10:37,880 Speaker 1: for Justice suitor, a liberal liberal justice. Um. Are we 195 00:10:37,920 --> 00:10:39,480 Speaker 1: are we painting with two broad a brush here when 196 00:10:39,480 --> 00:10:41,679 Speaker 1: we when we're talking about Trump nominee. I think all 197 00:10:41,720 --> 00:10:45,480 Speaker 1: the Democrats are asking is that just as President Obama 198 00:10:45,559 --> 00:10:50,760 Speaker 1: prior to nominating anybody always consulted with the Republican Senators 199 00:10:51,240 --> 00:10:54,600 Speaker 1: UM and worked with their judicial selection commissions. Instead. What 200 00:10:54,679 --> 00:10:56,920 Speaker 1: President Trump is doing, who, by the way, was elected 201 00:10:56,920 --> 00:11:00,240 Speaker 1: by a minority of the voters, UM, not the majority 202 00:11:00,360 --> 00:11:03,480 Speaker 1: of the voters UM. What President Trump is doing is 203 00:11:03,559 --> 00:11:07,640 Speaker 1: he is making nominations without consulting in advance. And that's 204 00:11:07,679 --> 00:11:10,320 Speaker 1: the problem that Democrats have because they are being cut 205 00:11:10,360 --> 00:11:14,600 Speaker 1: out of this process and expected, you know, after President 206 00:11:14,600 --> 00:11:20,319 Speaker 1: Trump picked somebody as extreme as Judge bush Um to 207 00:11:20,320 --> 00:11:23,680 Speaker 1: turn over their blue slips without having been played a 208 00:11:23,760 --> 00:11:27,040 Speaker 1: role in the selection process, and that is completely unprecedented. 209 00:11:27,480 --> 00:11:29,200 Speaker 1: We're going to have to leave it there. I want 210 00:11:29,200 --> 00:11:31,800 Speaker 1: to thank our guests. That was Caroline Frederickson, she is 211 00:11:31,840 --> 00:11:35,719 Speaker 1: the President of the American Constitution Society, and Kerry Sabino, 212 00:11:36,240 --> 00:11:39,400 Speaker 1: chief council of the Judicial Crisis Network. I'm sure we'll 213 00:11:39,080 --> 00:11:41,440 Speaker 1: be talking to both of you more. We of course, 214 00:11:41,520 --> 00:11:44,880 Speaker 1: do have the prospect of another Supreme Court vacancy or 215 00:11:44,920 --> 00:11:48,199 Speaker 1: perhaps more during the Trump presidency, and we will certainly 216 00:11:48,240 --> 00:11:52,080 Speaker 1: have many, many more lower court nominations as well.