WEBVTT - Severino and Frederickson on judicial Appointments (Audio)

0:00:00.120 --> 0:00:03.320
<v Speaker 1>President Trump has described his administration as a quote well

0:00:03.360 --> 0:00:06.400
<v Speaker 1>oiled machine. That might not be true as a general matter,

0:00:06.600 --> 0:00:08.480
<v Speaker 1>but it's a pretty apt description when it comes to

0:00:08.560 --> 0:00:12.800
<v Speaker 1>judicial nominations. In addition to the successful Supreme Court nomination

0:00:12.840 --> 0:00:16.120
<v Speaker 1>of now Justice Neil Gorsuch, the president has selected eleven

0:00:16.160 --> 0:00:18.680
<v Speaker 1>men and women to the all important federal appeals courts,

0:00:18.920 --> 0:00:21.320
<v Speaker 1>and three have now been confirmed by the Senate. More

0:00:21.360 --> 0:00:23.520
<v Speaker 1>than two dozen other people have been nominated for federal

0:00:23.520 --> 0:00:26.920
<v Speaker 1>district courts and other tribunals. Democrats are starting to complain

0:00:27.000 --> 0:00:29.960
<v Speaker 1>about the process. A new story in Politico says several

0:00:29.960 --> 0:00:32.800
<v Speaker 1>of the nominations were made without taking the traditional step

0:00:33.120 --> 0:00:37.159
<v Speaker 1>of consulting consulting with the home state senators. With us

0:00:37.159 --> 0:00:39.440
<v Speaker 1>to talk about Donald Trump's campaign to remake the federal

0:00:39.520 --> 0:00:43.320
<v Speaker 1>judiciary is Kerrie Severino, She's chief counsul at the Judicial

0:00:43.320 --> 0:00:46.519
<v Speaker 1>Crisis Network. And Caroline Frederickson, she's the president of the

0:00:46.560 --> 0:00:51.080
<v Speaker 1>American Constitution Society. Welcome to you both, um, Caroline, I

0:00:51.360 --> 0:00:54.040
<v Speaker 1>know you have some concerns about the people Donald Trump

0:00:54.080 --> 0:00:56.200
<v Speaker 1>is supporting, but I want to talk, just if we can,

0:00:56.520 --> 0:00:58.880
<v Speaker 1>at first, just about the scope of what he's doing.

0:00:59.520 --> 0:01:01.840
<v Speaker 1>Is it fair to say that Donald Trump is moving

0:01:01.920 --> 0:01:06.560
<v Speaker 1>much more quickly and assertively to fill vacancies than Barack

0:01:06.600 --> 0:01:10.759
<v Speaker 1>Obama did eight years ago. Well, without a doubt he's UM.

0:01:10.800 --> 0:01:13.840
<v Speaker 1>He has been moving very quickly UM. And I think,

0:01:13.880 --> 0:01:17.800
<v Speaker 1>as you mentioned, the well oiled machine UM seems not

0:01:17.840 --> 0:01:21.400
<v Speaker 1>to apply generally UM with respect to the Trump administration,

0:01:21.440 --> 0:01:25.800
<v Speaker 1>but they have definitely moved much more quickly UM on

0:01:26.200 --> 0:01:28.840
<v Speaker 1>judicial nominations, which I think for many of us because

0:01:28.880 --> 0:01:32.000
<v Speaker 1>of the caliber of the people he's nominating, is very concerning.

0:01:32.920 --> 0:01:36.679
<v Speaker 1>Carry Also, is it true that there have been a

0:01:36.760 --> 0:01:39.720
<v Speaker 1>lot more nominations for him to fill when he entered

0:01:39.720 --> 0:01:43.520
<v Speaker 1>office because of the fact that Mitch McConnell, much as

0:01:43.560 --> 0:01:47.480
<v Speaker 1>he held up the nomination of another Supreme Court justice

0:01:47.480 --> 0:01:51.120
<v Speaker 1>and didn't have any hearings on Merrick Garland, also tried

0:01:51.160 --> 0:01:56.240
<v Speaker 1>to hold back on federal judge nominations. Actually, at the

0:01:56.280 --> 0:01:59.440
<v Speaker 1>end of Obama's term, he had he was confirming judges

0:01:59.480 --> 0:02:02.440
<v Speaker 1>on par at the same time period in George bush

0:02:02.520 --> 0:02:06.200
<v Speaker 1>bushes second term. I think you just have kind of

0:02:06.240 --> 0:02:08.280
<v Speaker 1>a an ebb and flow of the number of vacancies

0:02:08.320 --> 0:02:11.359
<v Speaker 1>and Donald Trump, I I agree, has UM come in

0:02:11.440 --> 0:02:15.280
<v Speaker 1>with a great number of vacancies, and different presidents have

0:02:15.400 --> 0:02:17.400
<v Speaker 1>had more and more or less, but on average, he

0:02:17.440 --> 0:02:21.000
<v Speaker 1>has a hand a great number to fill and then

0:02:21.080 --> 0:02:23.920
<v Speaker 1>made it a higher priority than than President Obama just

0:02:23.919 --> 0:02:26.520
<v Speaker 1>didn't make it a higher priority, particularly his first term.

0:02:26.600 --> 0:02:28.320
<v Speaker 1>So he's certainly moving with a lot more speed than

0:02:28.360 --> 0:02:30.440
<v Speaker 1>President Obama did. I just knew the two of you

0:02:30.440 --> 0:02:32.519
<v Speaker 1>weren't were going to agree on everything, Caroline, and it

0:02:32.600 --> 0:02:34.120
<v Speaker 1>sounds like you wanted to jump in there, go ahead,

0:02:34.200 --> 0:02:37.200
<v Speaker 1>time frameier talking about. But there was a historic vacancy

0:02:37.200 --> 0:02:40.280
<v Speaker 1>because Mitch McConnell decided that the last two years of

0:02:40.320 --> 0:02:45.560
<v Speaker 1>Obama's presidency wasn't gonna allow any judges practically to get through. So, um,

0:02:45.919 --> 0:02:48.320
<v Speaker 1>let's set the record straight here. Um, the reason why

0:02:48.400 --> 0:02:51.000
<v Speaker 1>Donald Trump is presented with so many vacancies is because

0:02:51.040 --> 0:02:55.360
<v Speaker 1>Mitch McConnell is a fierce partisan, uh and took it

0:02:55.400 --> 0:02:58.640
<v Speaker 1>out on our nation's court system and left so many

0:02:59.400 --> 0:03:02.400
<v Speaker 1>vacancy eats and now they're jamming through. I like to

0:03:02.480 --> 0:03:06.360
<v Speaker 1>quote back Kerry who accused President Obama simply of trying

0:03:06.680 --> 0:03:08.840
<v Speaker 1>when he tried to fill vacant seats on the d

0:03:08.919 --> 0:03:11.440
<v Speaker 1>C circuit of packing the courts. We'll actually think that

0:03:11.440 --> 0:03:13.359
<v Speaker 1>that's what Donald Trump is trying to do. He's trying

0:03:13.360 --> 0:03:17.080
<v Speaker 1>to pack the courts with a bunch of of very

0:03:17.200 --> 0:03:20.799
<v Speaker 1>um questionable nominees. Caroline, let me before we go back

0:03:20.840 --> 0:03:23.240
<v Speaker 1>to Carry, I want to ask you, given the way

0:03:23.280 --> 0:03:28.400
<v Speaker 1>you just describe Republicans acting, um, are we not seeing

0:03:28.680 --> 0:03:31.720
<v Speaker 1>some of the same tactics from the Democrats? What what

0:03:31.760 --> 0:03:33.480
<v Speaker 1>are you seeing from the Democrats and dealing with the

0:03:33.520 --> 0:03:36.960
<v Speaker 1>Trump nominations. It seems like they are trying to push

0:03:36.960 --> 0:03:40.560
<v Speaker 1>back pretty hard. Well, you know, they have very limited leverage. Honestly,

0:03:40.760 --> 0:03:43.840
<v Speaker 1>the uh what they are trying to do is assert

0:03:43.960 --> 0:03:48.480
<v Speaker 1>their constitutional advice and consent role. Um. They're supposed to

0:03:48.480 --> 0:03:52.440
<v Speaker 1>be consulted before nominations get sent to the Senate. Um,

0:03:52.480 --> 0:03:55.240
<v Speaker 1>they're supposed to have a role that is played in

0:03:55.280 --> 0:03:59.120
<v Speaker 1>the Senate historically through the blue slip process um where

0:03:59.160 --> 0:04:01.680
<v Speaker 1>home state senators get to register whether or not they're

0:04:01.800 --> 0:04:07.360
<v Speaker 1>in agreement with the nominees um, and that's not being respected. Carry.

0:04:07.440 --> 0:04:10.840
<v Speaker 1>As far as the blue slip plot process, I'd like

0:04:10.880 --> 0:04:13.840
<v Speaker 1>you to explain it and whether it is supposed to

0:04:13.880 --> 0:04:18.800
<v Speaker 1>be used for for home state senators who don't want

0:04:18.880 --> 0:04:22.080
<v Speaker 1>to approve who or who don't approve of the judicial

0:04:22.120 --> 0:04:25.840
<v Speaker 1>nominee before them. So the blue slip process isn't the

0:04:25.880 --> 0:04:29.680
<v Speaker 1>Senate rule or any any laid down rule. It's a

0:04:29.680 --> 0:04:32.839
<v Speaker 1>practice of senatorial courtesy that goes back about a hundred

0:04:32.880 --> 0:04:35.080
<v Speaker 1>years and really under every judiciary committee has had a

0:04:35.080 --> 0:04:37.919
<v Speaker 1>different process for most of its history. UM, And I

0:04:37.960 --> 0:04:41.280
<v Speaker 1>think that's what as it described now. It doesn't mean

0:04:41.480 --> 0:04:44.040
<v Speaker 1>an absolute block on a nominee where the blue slip

0:04:44.080 --> 0:04:47.360
<v Speaker 1>has not been returned, or even where negative blue slip

0:04:47.400 --> 0:04:50.600
<v Speaker 1>has been returned from that home state senator. And that's

0:04:50.600 --> 0:04:53.039
<v Speaker 1>what Democrats seemed to be asking at this point. But

0:04:53.080 --> 0:04:56.640
<v Speaker 1>that's that's simply not historical for what has been happening. However,

0:04:56.960 --> 0:04:59.320
<v Speaker 1>at this point, we haven't had anyone moved forward that

0:04:59.360 --> 0:05:02.280
<v Speaker 1>didn't have a slips return. So I'm not I'm not

0:05:02.320 --> 0:05:05.440
<v Speaker 1>actually sure what but Freaderson complaining about. At this point,

0:05:05.640 --> 0:05:08.479
<v Speaker 1>we have had Democrats holding up trying to hold up

0:05:08.520 --> 0:05:11.640
<v Speaker 1>nominee saying, oh, we need time to look at these nominees. UM,

0:05:12.160 --> 0:05:14.480
<v Speaker 1>a link of time that I would describe as unreasonable

0:05:14.480 --> 0:05:16.800
<v Speaker 1>when these are people who are well known in their

0:05:16.800 --> 0:05:19.520
<v Speaker 1>home states. The ideas these senators should know their states

0:05:19.520 --> 0:05:22.560
<v Speaker 1>well Historically it was more common they give them seven

0:05:22.640 --> 0:05:25.080
<v Speaker 1>days to return their blue slips. Now senators are asking

0:05:25.160 --> 0:05:27.640
<v Speaker 1>for extended periods of time, and it's really just a

0:05:27.680 --> 0:05:30.000
<v Speaker 1>matter of foot dragging, as we've seen the Democrats doing

0:05:30.000 --> 0:05:34.119
<v Speaker 1>with confirming uh, the Trump nominees from the cabinet on doubt.

0:05:34.320 --> 0:05:37.360
<v Speaker 1>Kerry Um, you're talking a moment ago about you said

0:05:37.600 --> 0:05:41.000
<v Speaker 1>Democrats are are sort of dragging their feet and handing

0:05:41.000 --> 0:05:43.320
<v Speaker 1>in the so called blue slips that are the home

0:05:43.360 --> 0:05:47.880
<v Speaker 1>state senators basically saying, uh, go ahead and consider a nominee.

0:05:48.440 --> 0:05:52.440
<v Speaker 1>Um are when you look big picture at at everything

0:05:52.480 --> 0:05:55.480
<v Speaker 1>Republicans and Democrats have been doing on the subject of

0:05:55.560 --> 0:05:59.960
<v Speaker 1>judicial nom nominations. Are Democrats really doing anything that Republicans

0:06:00.040 --> 0:06:02.160
<v Speaker 1>didn't do when the shoe was on the other foot

0:06:02.200 --> 0:06:06.200
<v Speaker 1>in Barack Obama was in the White House. Well, we've

0:06:06.200 --> 0:06:08.000
<v Speaker 1>been talking about the blue sliss up until now. But

0:06:08.040 --> 0:06:10.440
<v Speaker 1>I think a real significant point that is a big

0:06:10.440 --> 0:06:13.560
<v Speaker 1>contrast is the way they've used just Senate procedure to

0:06:13.600 --> 0:06:17.960
<v Speaker 1>require extensive amounts of debate, debate for all these nominees.

0:06:18.000 --> 0:06:20.800
<v Speaker 1>You even have David and I who was a nominee

0:06:20.800 --> 0:06:24.479
<v Speaker 1>who was a former Obama nominee who had unanimous support

0:06:24.520 --> 0:06:27.080
<v Speaker 1>in the Senate a hundred votes, who they required that

0:06:27.000 --> 0:06:30.440
<v Speaker 1>the Republican Senators to go through culture required them to

0:06:30.800 --> 0:06:34.680
<v Speaker 1>spend thirty hours of debate allocated to his nomination. These

0:06:34.720 --> 0:06:37.359
<v Speaker 1>are nominees who would have absolutely been confirmed by a

0:06:37.440 --> 0:06:41.760
<v Speaker 1>voice vote by unanimous consent um in any other type

0:06:41.760 --> 0:06:44.240
<v Speaker 1>of administration. Typically there are a lot of judges who

0:06:44.320 --> 0:06:47.240
<v Speaker 1>were confirmed that way, and nowadays this is not something

0:06:47.279 --> 0:06:50.159
<v Speaker 1>that they reserve for anyone who's even remotely controversial. It

0:06:50.240 --> 0:06:53.200
<v Speaker 1>is just simply everyone across the board. Again, even people

0:06:53.440 --> 0:06:56.520
<v Speaker 1>who have unanimous support, they're trying to pull out all

0:06:56.520 --> 0:06:59.840
<v Speaker 1>these procedural stops to slow the process down. That's that

0:07:00.080 --> 0:07:03.000
<v Speaker 1>abuse of the process and shouldn't be shouldn't be continued.

0:07:03.000 --> 0:07:05.920
<v Speaker 1>It's not in the best interests of the American people. Caroline,

0:07:05.920 --> 0:07:09.880
<v Speaker 1>I want to talk about controversial appointment John Bush. He

0:07:10.040 --> 0:07:13.920
<v Speaker 1>was confirmed to the sixth Circuit. Just some of the

0:07:13.960 --> 0:07:18.400
<v Speaker 1>more notable things that he did was or said was

0:07:18.440 --> 0:07:23.520
<v Speaker 1>he compared abortion to slavery. He also spread Obama conspiracy

0:07:23.680 --> 0:07:28.960
<v Speaker 1>theories on blogs. Does his confirmation indicate and it was

0:07:29.040 --> 0:07:32.760
<v Speaker 1>down party lines mean that there is no way for

0:07:32.880 --> 0:07:37.400
<v Speaker 1>Democrats to block a Trump appointee, even one that stands

0:07:37.440 --> 0:07:45.200
<v Speaker 1>out as unique. Caroline, Yes, can you hear me? Yes?

0:07:45.760 --> 0:07:47.880
<v Speaker 1>Go ahead? So I did, I just want to This

0:07:48.000 --> 0:07:50.920
<v Speaker 1>actually relates to something that Kerry was just saying. Um.

0:07:50.960 --> 0:07:54.000
<v Speaker 1>You know, the major point here is that, Um, the

0:07:54.080 --> 0:07:57.280
<v Speaker 1>Republicans did away with the filibuster for all traditional nominations

0:07:57.280 --> 0:08:00.720
<v Speaker 1>and so UM, the reason why they were so many

0:08:00.840 --> 0:08:05.040
<v Speaker 1>vacancies is that they created them by blocking every single

0:08:05.080 --> 0:08:07.880
<v Speaker 1>one of of President Obama's and keeping those seats open.

0:08:07.920 --> 0:08:11.680
<v Speaker 1>That doesn't exist anymore. So, uh, you know, there are

0:08:11.720 --> 0:08:15.280
<v Speaker 1>other tactics that the Democrats are forced to use. UM,

0:08:15.600 --> 0:08:19.760
<v Speaker 1>and partly because these nominees are really so extreme. UM.

0:08:19.800 --> 0:08:25.160
<v Speaker 1>And the conspiracy theory that the nominee was active in

0:08:25.200 --> 0:08:28.000
<v Speaker 1>spreading was that President Obama was not American, that he

0:08:28.080 --> 0:08:32.960
<v Speaker 1>was Kenyan, uh, and therefore not appropriate as as the president.

0:08:33.000 --> 0:08:35.679
<v Speaker 1>I mean, this is completely out of line with what

0:08:35.720 --> 0:08:41.480
<v Speaker 1>we should be expecting for the caliber of our federal judges. UM.

0:08:41.520 --> 0:08:44.600
<v Speaker 1>And so it is very concerning. UM. There have been

0:08:44.600 --> 0:08:49.319
<v Speaker 1>others who are equally disturbing. UH. Nominee who has called

0:08:49.400 --> 0:08:52.840
<v Speaker 1>Justice Kennedy a judicial prostitute. I mean, these aren't the

0:08:52.880 --> 0:08:55.120
<v Speaker 1>kind of people we think have the right temperament to

0:08:55.200 --> 0:08:57.960
<v Speaker 1>be sitting on the federal bench. Karl, let me have

0:08:58.040 --> 0:09:00.319
<v Speaker 1>you responded that in particularly with John Bush is now

0:09:00.360 --> 0:09:04.080
<v Speaker 1>on He's now judge. Bush was confirmed by by the Senate.

0:09:04.160 --> 0:09:06.400
<v Speaker 1>But you heard June describes some of the things that

0:09:06.440 --> 0:09:10.240
<v Speaker 1>he said as a blogger. Um, is he in the mainstream?

0:09:10.320 --> 0:09:13.560
<v Speaker 1>Is he fit to be a federal judge? Well, first,

0:09:13.600 --> 0:09:15.800
<v Speaker 1>I do have to correct one glaren factual error where

0:09:15.840 --> 0:09:18.559
<v Speaker 1>she said Republicans were the ones who elimited the judicial filibuster,

0:09:18.800 --> 0:09:21.840
<v Speaker 1>completely false. That was Harry Reid in two thousand thirteen

0:09:21.840 --> 0:09:24.400
<v Speaker 1>who did so in order to allow President Obama to

0:09:24.400 --> 0:09:26.480
<v Speaker 1>fill up the DC circuit, which had the lowest caseload

0:09:26.480 --> 0:09:28.960
<v Speaker 1>of the nation, and were judges were twiddling their thumbs.

0:09:29.160 --> 0:09:31.880
<v Speaker 1>This is why I thought you shouldn't be packing that court. So, Um,

0:09:31.960 --> 0:09:34.079
<v Speaker 1>the the Republicans helped get rid of it for the

0:09:34.160 --> 0:09:36.080
<v Speaker 1>last step, which was the Supreme Court. But all of

0:09:36.120 --> 0:09:38.840
<v Speaker 1>these are appellate nominees that had everything to do with

0:09:38.880 --> 0:09:42.240
<v Speaker 1>Harry read nothing to do with Republicans. Um. These nominees

0:09:42.280 --> 0:09:46.640
<v Speaker 1>are people who are fulfilling President Bushes or President Trump's

0:09:47.080 --> 0:09:50.560
<v Speaker 1>promise campaign promise that was very significant in this last selection.

0:09:50.640 --> 0:09:52.680
<v Speaker 1>I think a key to his winning, which is he

0:09:52.720 --> 0:09:54.720
<v Speaker 1>wants to put nominees McCourt who are going to be

0:09:54.760 --> 0:09:56.680
<v Speaker 1>in the line of Justice Scalio, who are going to

0:09:56.679 --> 0:09:59.480
<v Speaker 1>be committed to the Constitution and the law as written.

0:09:59.720 --> 0:10:02.680
<v Speaker 1>That something that in this election was squarely before the

0:10:02.679 --> 0:10:03.960
<v Speaker 1>people in a way that I don't know that it

0:10:04.000 --> 0:10:07.120
<v Speaker 1>ever has been in a presidential election before. And we

0:10:07.200 --> 0:10:10.320
<v Speaker 1>even saw one fifth of voters going to the polls

0:10:10.400 --> 0:10:12.880
<v Speaker 1>with that is their number one issue, and they broke

0:10:12.920 --> 0:10:16.880
<v Speaker 1>decidedly for Trump. So these nominees are are fulfilling that

0:10:16.920 --> 0:10:20.280
<v Speaker 1>campaign promise. And I think their their judicial philosophy is

0:10:20.280 --> 0:10:21.920
<v Speaker 1>the most important thing here, and that is that is

0:10:22.040 --> 0:10:26.839
<v Speaker 1>very squarely in line with Justice Scalia. Caroline. Is everybody

0:10:26.880 --> 0:10:30.040
<v Speaker 1>like John Bush? Um? You know, I look at somebody

0:10:30.040 --> 0:10:32.320
<v Speaker 1>like Kevin Newsom, the last judge who was confirmed. I

0:10:32.360 --> 0:10:34.640
<v Speaker 1>know him a little bit. Um. He's somebody who clerked

0:10:34.640 --> 0:10:37.880
<v Speaker 1>for Justice suitor, a liberal liberal justice. Um. Are we

0:10:37.920 --> 0:10:39.480
<v Speaker 1>are we painting with two broad a brush here when

0:10:39.480 --> 0:10:41.679
<v Speaker 1>we when we're talking about Trump nominee. I think all

0:10:41.720 --> 0:10:45.480
<v Speaker 1>the Democrats are asking is that just as President Obama

0:10:45.559 --> 0:10:50.760
<v Speaker 1>prior to nominating anybody always consulted with the Republican Senators

0:10:51.240 --> 0:10:54.600
<v Speaker 1>UM and worked with their judicial selection commissions. Instead. What

0:10:54.679 --> 0:10:56.920
<v Speaker 1>President Trump is doing, who, by the way, was elected

0:10:56.920 --> 0:11:00.240
<v Speaker 1>by a minority of the voters, UM, not the majority

0:11:00.360 --> 0:11:03.480
<v Speaker 1>of the voters UM. What President Trump is doing is

0:11:03.559 --> 0:11:07.640
<v Speaker 1>he is making nominations without consulting in advance. And that's

0:11:07.679 --> 0:11:10.320
<v Speaker 1>the problem that Democrats have because they are being cut

0:11:10.360 --> 0:11:14.600
<v Speaker 1>out of this process and expected, you know, after President

0:11:14.600 --> 0:11:20.319
<v Speaker 1>Trump picked somebody as extreme as Judge bush Um to

0:11:20.320 --> 0:11:23.680
<v Speaker 1>turn over their blue slips without having been played a

0:11:23.760 --> 0:11:27.040
<v Speaker 1>role in the selection process, and that is completely unprecedented.

0:11:27.480 --> 0:11:29.200
<v Speaker 1>We're going to have to leave it there. I want

0:11:29.200 --> 0:11:31.800
<v Speaker 1>to thank our guests. That was Caroline Frederickson, she is

0:11:31.840 --> 0:11:35.719
<v Speaker 1>the President of the American Constitution Society, and Kerry Sabino,

0:11:36.240 --> 0:11:39.400
<v Speaker 1>chief council of the Judicial Crisis Network. I'm sure we'll

0:11:39.080 --> 0:11:41.440
<v Speaker 1>be talking to both of you more. We of course,

0:11:41.520 --> 0:11:44.880
<v Speaker 1>do have the prospect of another Supreme Court vacancy or

0:11:44.920 --> 0:11:48.199
<v Speaker 1>perhaps more during the Trump presidency, and we will certainly

0:11:48.240 --> 0:11:52.080
<v Speaker 1>have many, many more lower court nominations as well.