WEBVTT -  One-on-One w Justice Clarence Thomas (Part 2)

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<v Speaker 1>Welcome back to this special edition of Verdict with Ted

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<v Speaker 1>Cruz and my one-on-one conversation with Supreme Court Justice Clarence Thomas.

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<v Speaker 1>In part one, we explored the remarkable journey that shaped

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<v Speaker 1>the man. Now we turn to the justice, his more

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<v Speaker 1>than three decades on the Supreme Court, his approach to

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<v Speaker 1>the Constitution, and why he believes its protections belong not

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<v Speaker 1>to judges, not to law professors, but to every person.

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<v Speaker 1>single American. Here's part two of my conversation with Justice

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<v Speaker 1>Clarence Thomas. By any measure, one of your greatest legacies

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<v Speaker 1>in the court, and there are many, but has been

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<v Speaker 1>on race, and you have been a clarion voice in

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<v Speaker 1>your entire tenure on the court for the principle that

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<v Speaker 1>the Constitution is does not allow racial distinctions, does not

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<v Speaker 1>allow racial discrimination. The Constitution is colorblind and protects everyone.

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<v Speaker 1>It's interesting as you tell the story or the analogy

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<v Speaker 1>of the library and then the stacks and the books

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<v Speaker 1>that you might not be allowed to read. One story

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<v Speaker 1>you have told is as a young man, I think

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<v Speaker 1>in law school, somebody gave you a copy of a

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<v Speaker 1>book by Thomas Sowell And you started to read it

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<v Speaker 1>and threw it in the trash and said, if I

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<v Speaker 1>remember right, that no black man can think this way.

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<v Speaker 2>Yeah. That was Black Education, Myths and Tragedies, I think,

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<v Speaker 2>one of his early books. And he laughs about it. Then,

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<v Speaker 2>of course, he sent me a copy just to make

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<v Speaker 2>sure I had it. But then in the after law school,

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<v Speaker 2>I was working in Jeff City. It's one of those

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<v Speaker 2>Hobson's choices. That's how I wound up there. The only

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<v Speaker 2>job offer I had, but it was the best job

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<v Speaker 2>I've ever had.

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<v Speaker 1>But all the fancy law firms wouldn't give you an offer.

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<v Speaker 1>You came out of Yale Law School, did really well

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<v Speaker 1>in law school.

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<v Speaker 2>It didn't matter. And I always tell them now when

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<v Speaker 2>I see them, they're the reason I'm on the court,

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<v Speaker 2>because but for them, I'd be a tax lawyer someplace.

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<v Speaker 2>And they woke now, but they were fast asleep when

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<v Speaker 2>I got out of school. So anyway, God works in

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<v Speaker 2>mysterious ways. I wind up in Jeff City.

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<v Speaker 1>So you're working for Jack Danforth, who is the attorney

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<v Speaker 1>general in Missouri.

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<v Speaker 2>Absolutely wonderful man.

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<v Speaker 1>And your classmates were asking, what are you doing going

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<v Speaker 1>to work for a Republican?

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<v Speaker 2>Yeah.

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<v Speaker 1>He was the only one who would give you a job.

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<v Speaker 2>He was the only one who gave me a job.

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<v Speaker 2>I mean, I had trouble with that. I mean, I

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<v Speaker 2>was dying. Remember, I just voted for McGovern. Yeah. You know,

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<v Speaker 2>and I thought he was too conservative. So you can

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<v Speaker 2>see ideologically where I was. But I go to work

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<v Speaker 2>for him. Best job I've ever had.

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<v Speaker 1>Well, and you said when you came in, you said, look,

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<v Speaker 1>I don't want to work on matters of race. I

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<v Speaker 1>don't want to be treated differently than anyone else. And

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<v Speaker 1>you joked that he took you very seriously.

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<v Speaker 2>He ignored all of us.

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<v Speaker 1>But you loved that job.

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<v Speaker 2>I loved it. It was the best job I've ever had.

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<v Speaker 2>$ 11, 000 a year. And he promised. He said, I can

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<v Speaker 2>give you more work for less money than anybody in

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<v Speaker 2>the country. And that turned out to be a blessing.

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<v Speaker 2>But at any rate, that office, the way that he

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<v Speaker 2>ran that office was just wonderful, even-handed. One of the

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<v Speaker 2>people I met who became a very dear friend was

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<v Speaker 2>a quadriplegic from West Point, Nebraska. And went to University

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<v Speaker 2>of Missouri Law School, graduated, ordered the co-wife, but had

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<v Speaker 2>suffered from polio and was a quadriplegic. Just a very, very,

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<v Speaker 2>very dear friend. He calls me up one day and

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<v Speaker 2>he said, Clarence, there's another black guy out here like you.

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<v Speaker 2>And his name is Thomas Sowell. And it was Thomas Sowell.

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<v Speaker 2>And it was a book review in the Wall Street Journal.

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<v Speaker 2>And it was on race and economics. And I obtained

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<v Speaker 2>copies of that. And it became just sort of the

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<v Speaker 2>beginning of the long journey. intellectual walk back of thinking

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<v Speaker 2>about these things. And I met him at Washington University

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<v Speaker 2>on a panel with Ruth Bader Ginsburg when she was

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<v Speaker 2>a professor in the late 70s. And then when I

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<v Speaker 2>came here in 79, I think I met him again

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<v Speaker 2>either in 79 or 80 when he was making the

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<v Speaker 2>rounds with Hill staffers. And we've been friends since the

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<v Speaker 2>early 1980s.

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<v Speaker 1>By the way, for what it's worth, I'm urging the

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<v Speaker 1>White House to award him the Presidential Medal of Freedom.

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<v Speaker 1>I hope they do so. I've publicly called for that.

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<v Speaker 1>I'm trying to make that happen because I think that

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<v Speaker 1>would be very appropriate.

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<v Speaker 2>Well, I think it would be deserved. He is a great,

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<v Speaker 2>great man and one of the great thinkers.

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<v Speaker 1>I've never met him, but I've admired him. He's brilliant

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<v Speaker 1>and courageous.

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<v Speaker 2>Well, he's courageous. He and I met him. I met

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<v Speaker 2>Walter Williams back then when I got here.

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<v Speaker 1>I met Walter Williams when I was in high school.

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<v Speaker 2>Is that right?

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<v Speaker 1>Yeah, he was inspiring even when I was a kid.

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<v Speaker 2>Brash, but he's... And there was another gentleman that you

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<v Speaker 2>don't know that's also passed away, like Walter, who's on...

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<v Speaker 2>Dunn was also very quiet, but a libertarian and was very,

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<v Speaker 2>very helpful. But anyway, the whole point is that in

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<v Speaker 2>Jefferson City, again, I go back to what I said

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<v Speaker 2>at the very beginning, that things that initially seem like

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<v Speaker 2>a negative, you know, you can't get a job, so

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<v Speaker 2>you wind up in Jefferson City, turn out to be

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<v Speaker 2>a blessing. And what I say in retrospect is that

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<v Speaker 2>God closed all the doors that I should not have

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<v Speaker 2>gone through and left one door open, my Hobson's choice,

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<v Speaker 2>and turned out to be the best job I've ever had.

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<v Speaker 3>All right, let me take a quick second. I want

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<v Speaker 3>to talk to you about how you can get involved

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<v Speaker 3>right now to help the people in Israel and the

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<v Speaker 3>rising anti-Semitism that's happening not only in the U.S., but

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<v Speaker 3>around the world every day. And the Jewish people continue

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<v Speaker 3>to pay the price from growing threats against Jewish communities,

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<v Speaker 3>attacks of violence, harassment and intimidation. Many Jewish families are

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<v Speaker 3>living with fear simply because they are Jewish. Synagogues, schools,

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<v Speaker 3>and community centers continue strengthening security as hatred spreads far

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<v Speaker 3>beyond the headlines. And that's why the International Fellowship of

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<v Speaker 3>Christians and Jews is working every day in Israel and

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<v Speaker 3>around the world, providing security, emergency assistance, food, and critical

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<v Speaker 3>care for vulnerable Jewish communities. For more than 40 years,

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<v Speaker 3>the fellowship has stood alongside the Jewish people, delivering practical

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<v Speaker 3>support when it is needed the most. Hatred, it continues

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<v Speaker 3>to spread, but compassion and action can make a world

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<v Speaker 3>of difference. So I want you to join us. The

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<v Speaker 3>International Fellowship of Christians and Jews and me in doing

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<v Speaker 3>one simple thing, praying for the safety of the Jewish people,

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<v Speaker 3>for peace in Israel, and for an end to anti-Semitism. Together,

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<v Speaker 3>we can remind God's people that they are not alone.

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<v Speaker 3>If you want to know what to pray for, you

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<v Speaker 3>can stand with Israel in prayer today by visiting PrayIFCJ.org.

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<v Speaker 3>That is PrayIFCJ.org.

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<v Speaker 1>Ultimately, you're in the AG's office. You go get a

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<v Speaker 1>job in corporate America at Monsanto, which paid you a

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<v Speaker 1>good chunk of money but was not rewarding and you

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<v Speaker 1>were not happy with corporate America. And then Jack Danforth

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<v Speaker 1>has gone to the Senate and you go work for

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<v Speaker 1>him in the Senate. And you're Capitol Hill staffer and

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<v Speaker 1>you go to a conference with Thomas Sowell.

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<v Speaker 2>Yeah, he invited me personally to that in San Francisco.

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<v Speaker 1>And at the time, you're a Republican staffer, but you're

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<v Speaker 1>on the journey. One of the things I try to

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<v Speaker 1>do in the book is chronicle the intellectual journey and

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<v Speaker 1>awakening from an angry left-wing radical to a principled conservative.

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<v Speaker 1>That's a pretty big shift. And reading was an important

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<v Speaker 1>part of it. Questioning was an important part of it.

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<v Speaker 1>But you've described how you're sitting at, at a lunch

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<v Speaker 1>table with, with Juan Williams, the reporter, having what you

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<v Speaker 1>thought was a conversation. And, and, uh, it was one

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<v Speaker 1>of your first interactions with, with the press and, and

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<v Speaker 1>it ended up having a big feature article in the

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<v Speaker 1>Washington Post describing you as the black conservative, which, which

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<v Speaker 1>was a pretty startling thing for you.

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<v Speaker 2>Well, I'd never called myself conservative. I, I've, you know, the, um,

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<v Speaker 2>That was a way of character. They called us black

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<v Speaker 2>conservatives in order to dispose of us. They called Tom

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<v Speaker 2>Sowell that, Walter Williams, Jay Parker, who was another dear friend,

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<v Speaker 2>has passed away. But I was shocked. Remember now, I'm

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<v Speaker 2>32 years old. I'm a Hill staffer. I've never been

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<v Speaker 2>in the press. I had just made my first trip

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<v Speaker 2>to California.

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<v Speaker 1>You got the inkling that there was going to be

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<v Speaker 1>something on you when they sent a photographer to take

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<v Speaker 1>a picture.

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<v Speaker 2>I was sharing an office with three other staffers, and

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<v Speaker 2>this photographer shows up from the post. And December 16, 1980,

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<v Speaker 2>there's my smiling face on the op-ed page. And then

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<v Speaker 2>my whole life changed. And the attacks, the negativity.

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<v Speaker 1>And there is a nastiness.

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<v Speaker 2>Ostracism.

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<v Speaker 1>As a black conservative that I don't think anyone else

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<v Speaker 1>experiences you get some of it as an Hispanic who's

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<v Speaker 1>a conservative because I'm not supposed to be a conservative

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<v Speaker 1>but you're really not supposed to be a conservative and

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<v Speaker 1>there's part of the reason I wanted to write the

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<v Speaker 1>book is the vitriol that has been directed at you

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<v Speaker 1>is different look Justice Scalia you knew him extremely well

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<v Speaker 1>he was a brilliant, extraordinarily principled. He never had the

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<v Speaker 1>kind of hate directed to him that you did. And

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<v Speaker 1>the left, they view you, a black man is not

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<v Speaker 1>allowed to think that way. You're a traitor. And there's

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<v Speaker 1>an ugliness to that.

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<v Speaker 2>Yeah, well, I mean, that's, you know, I grew up, again,

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<v Speaker 2>I've been fortunate to have had misfortunes. And one of

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<v Speaker 2>the things you learned during segregation is there was this

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<v Speaker 2>idea that, boy, don't you know your place. And that's

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<v Speaker 2>the same thing. I mean, these are the same, some

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<v Speaker 2>of the worst people that you would meet, like the progressives.

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<v Speaker 2>That's why I mentioned people like Woodrow Wilson, one of

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<v Speaker 2>the early progressives.

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<v Speaker 1>Who was a vicious racist.

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<v Speaker 2>Yeah, but see, underneath that, and Paul Johnson makes the

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<v Speaker 2>point that you scratch the surface of things like the

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<v Speaker 2>Marxists and the socialists. That's what you find because they

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<v Speaker 2>have to categorize people. So I understand that. But I

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<v Speaker 2>crossed that bridge in my early 30s that I accepted

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<v Speaker 2>that this is the way they were going to treat me.

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<v Speaker 2>This is what was going to happen. This is what

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<v Speaker 2>would happen, and who knew where it would leave, but

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<v Speaker 2>God would take care of that part. But the fact

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<v Speaker 2>that they have all this vitriol, to me, is a

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<v Speaker 2>white flag that they have no argument. When you start calling..

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<v Speaker 1>If they think you're wrong, persuade you.

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<v Speaker 2>Look, I'm open to reason, but I will not be

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<v Speaker 2>told what to do. No one cajoles me, no one

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<v Speaker 2>makes me do anything. Slavery is over. But there's this

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<v Speaker 2>sense that don't you know what you're supposed to think?

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<v Speaker 2>And that is with me, that is the wrong argument.

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<v Speaker 1>Well, and related to that, one of the things that

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<v Speaker 1>you have really powerfully written and spoken about is with

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<v Speaker 1>affirmative action and racial quotas, it brings with it a stigma.

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<v Speaker 1>You rather famously put a sticker of 15 cents on

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<v Speaker 1>your Yale law degree from a cigar box because, and

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<v Speaker 1>you talked about coming out of Yale, but not being

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<v Speaker 1>able to get a job. And look, I went to

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<v Speaker 1>school at a different time than you did, but I'll

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<v Speaker 1>tell you, as an Hispanic, I still remember this one

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<v Speaker 1>supercilious liberal in law school explaining that everyone who wasn't

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<v Speaker 1>a white man, was on the law review because of

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<v Speaker 1>affirmative action. That was the only reason anyone could possibly

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<v Speaker 1>do well is because they were giving us this gift.

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<v Speaker 1>And it was infuriating.

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<v Speaker 2>You know, I've heard, I've been, there are many, many

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<v Speaker 2>slights along the way. But it doesn't make you wrong.

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<v Speaker 2>These are little bumps in the road. And what I

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<v Speaker 2>compare it to, again, I compare it to what My

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<v Speaker 2>grandparents went through. Like, just take my grandfather. Yeah. If

0:13:34.090 --> 0:13:37.770
<v Speaker 2>I'm going to complain, right, I have to look at him,

0:13:37.790 --> 0:13:45.500
<v Speaker 2>at a man who didn't complain. He never knew his father.

0:13:45.510 --> 0:13:49.520
<v Speaker 2>His mother dies when he's six or seven, maybe eight.

0:13:50.640 --> 0:13:53.720
<v Speaker 2>And then he goes to live with his grandmother, who's

0:13:53.780 --> 0:13:56.080
<v Speaker 2>a freed slave who lives on a part of the

0:13:56.120 --> 0:13:57.500
<v Speaker 2>plantation that they're from.

0:13:59.059 --> 0:14:03.410
<v Speaker 1>Just pause for a second and think about the marvel

0:14:04.070 --> 0:14:09.150
<v Speaker 1>of America, that your grandfather who raised you was raised

0:14:09.210 --> 0:14:13.370
<v Speaker 1>by his grandmother who was a freed slave. And now

0:14:13.929 --> 0:14:18.229
<v Speaker 1>you are the second longest serving Supreme Court justice in

0:14:18.270 --> 0:14:21.000
<v Speaker 1>American history and in a couple of years will be

0:14:21.040 --> 0:14:27.990
<v Speaker 1>the longest serving. That is– it's one of the things– Look,

0:14:28.090 --> 0:14:31.930
<v Speaker 1>those who point to the flaws in our nation's history,

0:14:31.950 --> 0:14:34.970
<v Speaker 1>they're not wrong. Our racial history in particular has been

0:14:34.990 --> 0:14:39.369
<v Speaker 1>a history of injustice, and slavery was grotesque. But I

0:14:39.410 --> 0:14:43.870
<v Speaker 1>agree with Dr. King that the arc of history is long,

0:14:43.910 --> 0:14:48.850
<v Speaker 1>and it bends towards justice. And that journey was possible

0:14:48.930 --> 0:14:51.810
<v Speaker 1>because of the principles America was built on, even if

0:14:52.130 --> 0:14:55.890
<v Speaker 1>it took us decades and even centuries to begin living

0:14:55.970 --> 0:14:56.290
<v Speaker 1>up to it.

0:14:56.790 --> 0:15:00.210
<v Speaker 2>Well, you know, he always, my grandfather would talk about

0:15:00.290 --> 0:15:04.840
<v Speaker 2>don't throw out the Ten Commandments because people don't obey them.

0:15:06.060 --> 0:15:09.380
<v Speaker 2>There's nothing wrong with the Ten Commandments. It's just we

0:15:09.640 --> 0:15:14.300
<v Speaker 2>have weaknesses or for whatever reasons we don't comply. And

0:15:14.880 --> 0:15:19.150
<v Speaker 2>I think sometimes when you're angry and you see suffering

0:15:19.190 --> 0:15:23.170
<v Speaker 2>and difficulties, you are willing to throw everything out, the

0:15:23.210 --> 0:15:28.810
<v Speaker 2>baby with the bathwater. And as you get older, you

0:15:28.850 --> 0:15:32.030
<v Speaker 2>can be more discerning. And one of the things I

0:15:32.070 --> 0:15:36.290
<v Speaker 2>think that's unfortunate is that the people who should know

0:15:36.370 --> 0:15:41.360
<v Speaker 2>better haven't stood up and defended those principles and asserted

0:15:41.440 --> 0:15:43.860
<v Speaker 2>them and then tried to live up to them and

0:15:43.920 --> 0:15:49.160
<v Speaker 2>not be hypocritical and not to sacrifice the principles for

0:15:49.180 --> 0:15:51.120
<v Speaker 2>a share of the power, for a share of the

0:15:51.200 --> 0:15:54.770
<v Speaker 2>loot that they're getting from the country or whatever. And

0:15:55.030 --> 0:15:57.450
<v Speaker 2>so one of the things that I tried to do

0:15:57.510 --> 0:16:01.050
<v Speaker 2>when I was teasing out the speech at the University

0:16:01.070 --> 0:16:04.740
<v Speaker 2>of Texas is to make this point. Two things that

0:16:04.800 --> 0:16:07.860
<v Speaker 2>I wanted to talk about was the fact that here

0:16:07.900 --> 0:16:14.840
<v Speaker 2>you had uneducated people who believed that God made them equal.

0:16:16.720 --> 0:16:23.060
<v Speaker 2>And you had Irish nuns, immigrants, that believed strongly that

0:16:23.600 --> 0:16:27.470
<v Speaker 2>in God's eyes, we're all equal. And this was not

0:16:27.570 --> 0:16:33.790
<v Speaker 2>to be debated. No matter what the laws around us said,

0:16:34.290 --> 0:16:38.270
<v Speaker 2>this was not debatable. So now that means if there

0:16:38.290 --> 0:16:43.360
<v Speaker 2>are Irish immigrants and uneducated people who have no formal

0:16:43.430 --> 0:16:47.560
<v Speaker 2>education believe this, my point was simply that it must

0:16:47.620 --> 0:16:53.950
<v Speaker 2>be self-evident. Otherwise, how else would they know? The other

0:16:54.010 --> 0:16:58.130
<v Speaker 2>part of it that I was interested in is there

0:16:58.350 --> 0:17:02.540
<v Speaker 2>are a lot of nice words in the Declaration, for example.

0:17:03.620 --> 0:17:07.040
<v Speaker 2>But what do they pledge? Their lives, their fortune, and

0:17:07.080 --> 0:17:11.400
<v Speaker 2>their sacred honor. And this is after what the king says,

0:17:11.460 --> 0:17:12.480
<v Speaker 2>I'm going to hang all of you.

0:17:12.880 --> 0:17:13.880
<v Speaker 1>And that was not theoretical.

0:17:13.960 --> 0:17:16.800
<v Speaker 2>No, no, I know it. He was not happy. But

0:17:16.840 --> 0:17:20.359
<v Speaker 2>at any rate, my point is if you end it

0:17:20.440 --> 0:17:24.420
<v Speaker 2>by saying, I'm willing to die for this. Now, that

0:17:24.500 --> 0:17:28.630
<v Speaker 2>gives value to what you just said. In your wedding vows,

0:17:28.750 --> 0:17:31.450
<v Speaker 2>you say, I do, and you mean it. You said

0:17:31.470 --> 0:17:33.090
<v Speaker 2>you've been married, what, 29 years?

0:17:33.090 --> 0:17:33.699
<v Speaker 1>25.

0:17:33.700 --> 0:17:38.850
<v Speaker 2>25 years. So that gives content to your wedding vows. Yeah.

0:17:38.990 --> 0:17:43.689
<v Speaker 2>When I said, I do, to my wife, that gives content. Otherwise,

0:17:43.710 --> 0:17:47.010
<v Speaker 2>it's just nice words. And I think one of the things,

0:17:47.070 --> 0:17:50.130
<v Speaker 2>and this goes back to my point about leaving the seminary,

0:17:50.400 --> 0:17:54.219
<v Speaker 2>Do you really mean it? Do you really believe as

0:17:54.280 --> 0:17:57.940
<v Speaker 2>a church what you said you believe? And it was

0:17:58.000 --> 0:18:01.770
<v Speaker 2>the gap between that, what you said, the church said,

0:18:02.070 --> 0:18:06.490
<v Speaker 2>and what the leadership seemed to a 19-year-old to believe.

0:18:07.270 --> 0:18:10.639
<v Speaker 2>And I think in this country now, think about it.

0:18:10.869 --> 0:18:15.870
<v Speaker 2>When last have you had a leader that said something

0:18:15.950 --> 0:18:21.910
<v Speaker 2>that is the equivalent I pledge my life, my property,

0:18:22.170 --> 0:18:24.119
<v Speaker 2>my fortune, and my sacred honor.

0:18:25.359 --> 0:18:29.200
<v Speaker 1>So you referenced the speech you gave at University of Texas.

0:18:29.260 --> 0:18:32.020
<v Speaker 1>I want to commend all the listeners here. Go and

0:18:32.100 --> 0:18:34.340
<v Speaker 1>listen to that speech. It really was an extraordinary speech.

0:18:34.420 --> 0:18:37.460
<v Speaker 1>I'm proud of UT. I spent a couple of years

0:18:37.920 --> 0:18:41.300
<v Speaker 1>on the faculty as an adjunct law professor there. And look,

0:18:41.680 --> 0:18:44.359
<v Speaker 1>most law schools are so left-wing. I'm proud of UT

0:18:44.400 --> 0:18:46.550
<v Speaker 1>for inviting you there. The president, Jim Davis, is a

0:18:46.570 --> 0:18:47.070
<v Speaker 1>good friend.

0:18:47.180 --> 0:18:47.290
<v Speaker 2>Yeah.

0:18:47.930 --> 0:18:51.250
<v Speaker 1>Had you there, but it really is an important speech

0:18:51.430 --> 0:18:54.530
<v Speaker 1>and conversation, and if folks haven't listened to it, they should.

0:18:55.850 --> 0:18:57.520
<v Speaker 1>What I want to do in the interest of time,

0:18:58.340 --> 0:19:01.340
<v Speaker 1>there are additional chapters in your life from being a

0:19:01.619 --> 0:19:04.159
<v Speaker 1>Hill staffer to an assistant secretary of the Department of

0:19:04.220 --> 0:19:07.800
<v Speaker 1>Education to the chairman of the EOC and the Reagan

0:19:07.820 --> 0:19:12.149
<v Speaker 1>administration to a court of appeals judge on the D.C.

0:19:12.190 --> 0:19:13.989
<v Speaker 1>Circuit to going through one.

0:19:16.030 --> 0:19:16.129
<v Speaker 2>Of..

0:19:17.119 --> 0:19:20.080
<v Speaker 1>If not the most brutal confirmation hearing of any justice.

0:19:20.100 --> 0:19:22.439
<v Speaker 1>You and Brett Kavanaugh can arm wrestle for who had

0:19:22.460 --> 0:19:25.980
<v Speaker 1>the rougher time, but in many ways, and I talk

0:19:26.020 --> 0:19:28.280
<v Speaker 1>about this in the book, how what Justice Kavanaugh went

0:19:28.340 --> 0:19:32.600
<v Speaker 1>through was a replay of the playbook that you were

0:19:32.640 --> 0:19:37.100
<v Speaker 1>subjected to. I want to skip over all of those periods,

0:19:37.580 --> 0:19:41.619
<v Speaker 1>although I recount them in detail in the book. And

0:19:41.850 --> 0:19:47.679
<v Speaker 1>I want to go to after you are confirmed. and

0:19:47.720 --> 0:19:51.159
<v Speaker 1>you're sworn in and you're in your early 40s and

0:19:51.200 --> 0:19:57.310
<v Speaker 1>suddenly you're a Supreme Court justice and your autobiography ends

0:19:57.369 --> 0:20:00.430
<v Speaker 1>with your being a justice so it tells your life

0:20:00.470 --> 0:20:04.889
<v Speaker 1>story but then does not cover your jurisprudence I want

0:20:04.910 --> 0:20:07.030
<v Speaker 1>to start with just a human thing what's it like

0:20:08.150 --> 0:20:12.110
<v Speaker 1>the first day you're a justice. You walk in, like

0:20:12.170 --> 0:20:14.490
<v Speaker 1>just what's day one of being a Supreme Court justice?

0:20:15.210 --> 0:20:21.899
<v Speaker 2>Well, you feel a little small. And like, what the

0:20:21.940 --> 0:20:26.140
<v Speaker 2>heck am I doing here? Which is still a question.

0:20:28.400 --> 0:20:33.380
<v Speaker 2>But this is, you know, the, as I said, just

0:20:33.520 --> 0:20:35.639
<v Speaker 2>Lord grant me the wisdom to know what's right and

0:20:35.660 --> 0:20:39.820
<v Speaker 2>the courage to do it. That has been a constant

0:20:40.280 --> 0:20:45.340
<v Speaker 2>plea of mine. And it is what brought me back

0:20:45.400 --> 0:20:51.639
<v Speaker 2>to the church, stopping at first St. Nicholas, then sometimes St. Mary's,

0:20:51.780 --> 0:20:56.140
<v Speaker 2>and sometimes St. Joe, to just ask for the wisdom

0:20:56.220 --> 0:20:58.479
<v Speaker 2>and to know what is right and the courage to

0:20:58.530 --> 0:21:04.670
<v Speaker 2>do it. But you know, it is just the, you

0:21:04.730 --> 0:21:12.630
<v Speaker 2>pledge to I gave President Bush my promise. I took

0:21:12.690 --> 0:21:16.459
<v Speaker 2>an oath. He said, can you call him as you

0:21:16.500 --> 0:21:20.300
<v Speaker 2>see him? He asked me that in Kennebunkport, July 1, 1991.

0:21:20.300 --> 0:21:24.720
<v Speaker 2>I said, I can. And that's what I've lived up to.

0:21:25.200 --> 0:21:28.550
<v Speaker 2>My grandfather, when I asked him when I was being

0:21:28.609 --> 0:21:32.050
<v Speaker 2>attacked in the early 80s, 1982, I said, what should

0:21:32.109 --> 0:21:33.990
<v Speaker 2>I do? He said, boy, you got to stand up

0:21:34.010 --> 0:21:38.260
<v Speaker 2>for what you believe in. It's pretty simple. And I

0:21:39.680 --> 0:21:43.160
<v Speaker 2>must say, I'm on the other side of that spectrum now,

0:21:43.859 --> 0:21:48.560
<v Speaker 2>but I was treated royally, fabulously, by my new colleagues.

0:21:49.040 --> 0:21:55.000
<v Speaker 2>Your old boss, Chief Justice Rehnquist, Justice Scalia, Stevens, O'Connor,

0:21:55.420 --> 0:21:58.640
<v Speaker 2>a great woman who doesn't get the credit she deserves,

0:21:59.060 --> 0:22:02.240
<v Speaker 2>Justice Kennedy. And now I'm on the other side of

0:22:02.320 --> 0:22:06.760
<v Speaker 2>it where I have newer colleagues, wonderful teachers, And brilliant

0:22:06.800 --> 0:22:11.480
<v Speaker 2>young people like Neil Gorsuch, Brett Kavanaugh, you mentioned. We

0:22:11.520 --> 0:22:17.920
<v Speaker 2>have Amy Barrett. And then Sam Alito and I were

0:22:17.960 --> 0:22:21.139
<v Speaker 2>at Yale together. Just a wonderful, wonderful group.

0:22:21.160 --> 0:22:22.639
<v Speaker 1>You were classmates at Yale.

0:22:22.700 --> 0:22:23.500
<v Speaker 2>He was a year behind.

0:22:23.540 --> 0:22:25.180
<v Speaker 1>He was a year behind you, but you didn't know

0:22:25.220 --> 0:22:25.580
<v Speaker 1>each other.

0:22:26.220 --> 0:22:29.420
<v Speaker 2>He's a funny guy. He's brilliant. He was always nerdy.

0:22:29.770 --> 0:22:34.720
<v Speaker 2>Princeton guy like you, right? Yeah. And so... I said, Sam,

0:22:34.800 --> 0:22:37.020
<v Speaker 2>how come we were there two years together? Why weren't

0:22:37.060 --> 0:22:44.330
<v Speaker 2>we friends? Clarence, you were scary. I'm so glad they

0:22:44.369 --> 0:22:46.290
<v Speaker 2>didn't have these phones where you could take a lot

0:22:46.330 --> 0:22:51.030
<v Speaker 2>of pictures. I wore bib overalls throughout law school and

0:22:51.109 --> 0:22:56.510
<v Speaker 2>combat boots. It was awful. But, you know, you have

0:22:56.570 --> 0:23:00.100
<v Speaker 2>just the chief has been a good friend. But my

0:23:00.190 --> 0:23:05.670
<v Speaker 2>point is simply this, that, you know, I was embraced there.

0:23:06.150 --> 0:23:09.090
<v Speaker 2>It was a different generation. It's the World War II,

0:23:09.230 --> 0:23:15.859
<v Speaker 2>Byron White. They were just wonderful people. They were very

0:23:15.930 --> 0:23:20.900
<v Speaker 2>kind to me. You know, the courts changed a bit

0:23:20.960 --> 0:23:25.780
<v Speaker 2>now since the Dobbs League. Back then there was a trust. Yes.

0:23:25.859 --> 0:23:29.899
<v Speaker 2>There was an honor. Even as you disagreed, there were

0:23:30.200 --> 0:23:33.500
<v Speaker 2>lines you did not cross, and I like that. These

0:23:33.580 --> 0:23:43.859
<v Speaker 2>people were the age of my mother and older. And

0:23:44.660 --> 0:23:49.340
<v Speaker 2>so it was a different era. And now it's a

0:23:49.380 --> 0:23:52.620
<v Speaker 2>different generation now. But the point is that you have

0:23:53.060 --> 0:23:56.350
<v Speaker 2>equally good people who are there. I mean, I loved,

0:23:56.440 --> 0:23:59.369
<v Speaker 2>I knew some of them as law clerks. They've become

0:23:59.430 --> 0:24:02.580
<v Speaker 2>very dear friends. And I hope to be a model

0:24:02.619 --> 0:24:06.290
<v Speaker 2>to them as the older members of the court who

0:24:06.310 --> 0:24:08.610
<v Speaker 2>were there when I arrived were to me.

0:24:09.530 --> 0:24:13.030
<v Speaker 1>So of all the justices who have served on the court,

0:24:13.750 --> 0:24:18.010
<v Speaker 1>I think you are the most willing to reconsider precedent

0:24:19.070 --> 0:24:23.520
<v Speaker 1>and to think of an issue anew, which is in

0:24:23.580 --> 0:24:26.020
<v Speaker 1>some ways to think about it as it was, in fact,

0:24:26.040 --> 0:24:27.520
<v Speaker 1>in many ways to think of it as it was

0:24:27.580 --> 0:24:37.500
<v Speaker 1>originally understood. Mm-hmm. and that, you know, your opinion writing is,

0:24:38.320 --> 0:24:43.070
<v Speaker 1>you write straightforward opinions in ordinary English. You don't tend

0:24:43.109 --> 0:24:47.590
<v Speaker 1>to use fancy highfalutin words, but your opinions are written

0:24:47.710 --> 0:24:51.390
<v Speaker 1>so that the regular person can read them and understand

0:24:51.450 --> 0:24:57.520
<v Speaker 1>what you're saying, and I think there's a workmanship quality

0:24:57.600 --> 0:25:02.290
<v Speaker 1>to your opinions. I analogize it to a farmer or

0:25:02.330 --> 0:25:05.850
<v Speaker 1>someone building a home. And you draw that same analogy.

0:25:07.550 --> 0:25:09.750
<v Speaker 1>Why do you think it is that you are the

0:25:09.890 --> 0:25:11.850
<v Speaker 1>most willing to reconsider precedent?

0:25:12.890 --> 0:25:16.170
<v Speaker 2>You know, I start with something you and I, I think,

0:25:16.190 --> 0:25:19.470
<v Speaker 2>have talked about over the years, and that is that

0:25:20.430 --> 0:25:22.270
<v Speaker 2>I start with something that has to make sense.

0:25:23.440 --> 0:25:25.719
<v Speaker 1>The quote from your grandfather, if it don't make no

0:25:25.760 --> 0:25:27.720
<v Speaker 1>damn sense, it don't make no damn sense.

0:25:27.960 --> 0:25:34.859
<v Speaker 2>And I keep that in my office because the– you can–

0:25:35.160 --> 0:25:39.430
<v Speaker 2>he would call some of these professors fast talking. Yeah.

0:25:39.810 --> 0:25:44.110
<v Speaker 2>And you think about it. We have had throughout history

0:25:44.190 --> 0:25:49.570
<v Speaker 2>court intellectuals who can make all sorts of justifications for

0:25:49.630 --> 0:25:52.390
<v Speaker 2>things and theories and et cetera, et cetera, et cetera.

0:25:52.960 --> 0:25:55.320
<v Speaker 2>And I've been blessed because I can sort through the

0:25:55.380 --> 0:25:58.639
<v Speaker 2>theories and I read lots and lots and lots of books.

0:25:59.680 --> 0:26:02.909
<v Speaker 2>And I've been at it a long time. And I

0:26:02.950 --> 0:26:05.659
<v Speaker 2>have young people who have that energy and they say,

0:26:05.670 --> 0:26:08.770
<v Speaker 2>we're going to go find the answer. Now, it may

0:26:08.810 --> 0:26:10.730
<v Speaker 2>not be what we want, but we're going to go

0:26:10.750 --> 0:26:15.700
<v Speaker 2>look for it. And what we find in many instances

0:26:15.980 --> 0:26:20.560
<v Speaker 2>is it's been a theory. So you can have, you know,

0:26:20.619 --> 0:26:23.669
<v Speaker 2>you can, deductive reasoning. You have a theory and you

0:26:23.710 --> 0:26:27.090
<v Speaker 2>work down. Or you can have inductive, which any rancher

0:26:27.130 --> 0:26:29.929
<v Speaker 2>or farmer uses, which is you do something and it's

0:26:30.010 --> 0:26:33.590
<v Speaker 2>experience and you keep generalizing up to something more general.

0:26:34.470 --> 0:26:36.970
<v Speaker 2>And that's the world I grew up. The latter is

0:26:37.010 --> 0:26:39.389
<v Speaker 2>the world I grew up in. I cannot explain it

0:26:39.869 --> 0:26:44.520
<v Speaker 2>to that guy on the ranch. Yep. And if he says, boy,

0:26:44.540 --> 0:26:48.010
<v Speaker 2>that don't make no sense. You know, he should be a,

0:26:48.080 --> 0:26:51.020
<v Speaker 2>he or When I go out to ordinary people, they

0:26:51.040 --> 0:26:53.260
<v Speaker 2>should be able to understand their Constitution.

0:26:53.300 --> 0:26:55.520
<v Speaker 1>And by the way, ordinary people, one thing people may

0:26:55.580 --> 0:26:57.879
<v Speaker 1>not know, you do that a lot. You and Jenny

0:26:57.920 --> 0:27:00.320
<v Speaker 1>go out in your RV, like in the summertime, you

0:27:00.840 --> 0:27:03.780
<v Speaker 1>head across the country and are in Walmart parking lots

0:27:03.840 --> 0:27:05.520
<v Speaker 1>just hanging out with regular people.

0:27:06.440 --> 0:27:09.619
<v Speaker 2>Well, I'm Bucky's now. All right, now as a Texan.

0:27:09.640 --> 0:27:13.459
<v Speaker 1>That makes me happy. Bucky's is a destination.

0:27:13.560 --> 0:27:19.810
<v Speaker 2>But, you know, I love, I grew up with... as

0:27:19.869 --> 0:27:25.450
<v Speaker 2>my granddad said, PO folks. And that's the world I like.

0:27:25.570 --> 0:27:28.550
<v Speaker 2>I like people who work with their hands. I like

0:27:28.609 --> 0:27:34.310
<v Speaker 2>people who are regular people. That's my preferred world. And,

0:27:34.690 --> 0:27:36.830
<v Speaker 2>you know, I was, my wife laughs at me because

0:27:36.910 --> 0:27:40.550
<v Speaker 2>I was, my, our motor home is, motor coach is

0:27:40.550 --> 0:27:44.050
<v Speaker 2>35 years old. So I like the old buses. And

0:27:44.470 --> 0:27:46.810
<v Speaker 2>so you hang out with the guys who do work

0:27:46.869 --> 0:27:51.360
<v Speaker 2>on old buses. And, I got to spend time with

0:27:52.040 --> 0:27:54.699
<v Speaker 2>one of them this in the December and we're like,

0:27:54.720 --> 0:27:57.560
<v Speaker 2>we take all the wheels off and you're up. So

0:27:57.600 --> 0:28:00.220
<v Speaker 2>I said, that was happy as I could be because

0:28:00.270 --> 0:28:02.510
<v Speaker 2>you're under the air. You got all the shocks, all

0:28:02.550 --> 0:28:06.250
<v Speaker 2>the airbags, you know, the lines he's, he's showing you

0:28:06.330 --> 0:28:09.129
<v Speaker 2>all these things, the valves. And it was just, I

0:28:09.170 --> 0:28:11.150
<v Speaker 2>could not, I wish I could spend two weeks there

0:28:11.170 --> 0:28:15.109
<v Speaker 2>instead of two days. But, The point is, it's their constitution.

0:28:15.630 --> 0:28:19.620
<v Speaker 2>It's that truck driver's constitution. It's that school teacher's constitution.

0:28:19.930 --> 0:28:23.380
<v Speaker 2>It's not the preserve of court intellectuals and law professors.

0:28:23.780 --> 0:28:26.980
<v Speaker 2>And we've turned it into that. We've over-intellectualized it. This

0:28:27.000 --> 0:28:29.780
<v Speaker 2>is a point that Murray Rothbard makes in his book,

0:28:30.060 --> 0:28:36.780
<v Speaker 2>Conceived in Liberty. We've taken something that was passionately achieved

0:28:37.240 --> 0:28:40.240
<v Speaker 2>and that was believed in passionately, and we turned it

0:28:40.320 --> 0:28:43.650
<v Speaker 2>into this thing that you need an oracle. to explain.

0:28:43.950 --> 0:28:46.310
<v Speaker 1>The Federalist Papers were newspaper editorials.

0:28:46.530 --> 0:28:48.450
<v Speaker 2>And they were only in New York, by the way.

0:28:49.030 --> 0:28:54.120
<v Speaker 2>Those were basically Hamilton and those guys. There's a big

0:28:54.160 --> 0:28:56.680
<v Speaker 2>difference between Hamilton and some of the more radical guys,

0:28:56.960 --> 0:28:59.680
<v Speaker 2>like a Sam Adams, which is more than a beer,

0:28:59.720 --> 0:29:00.160
<v Speaker 2>by the way.

0:29:05.280 --> 0:29:10.490
<v Speaker 1>I will admit there was an amusing exchange of one

0:29:10.570 --> 0:29:15.570
<v Speaker 1>commentator on the left who was on TV saying, James Madison,

0:29:15.630 --> 0:29:19.290
<v Speaker 1>Thomas Jefferson, can you imagine those people overthrowing the government?

0:29:20.710 --> 0:29:24.860
<v Speaker 1>And I couldn't help but respond, yes, yes, I can.

0:29:24.880 --> 0:29:28.140
<v Speaker 2>Absolutely.

0:29:29.040 --> 0:29:34.950
<v Speaker 1>It kind of happened. One of the things you have

0:29:35.010 --> 0:29:41.910
<v Speaker 1>been really eloquent on, and I think profoundly influential on

0:29:42.660 --> 0:29:46.800
<v Speaker 1>is the– look, the Constitution is the foundational document that

0:29:46.900 --> 0:29:51.360
<v Speaker 1>created our government. But you have focused a great deal

0:29:51.440 --> 0:29:57.240
<v Speaker 1>on the Declaration of Independence and– Why is the Declaration

0:29:57.360 --> 0:30:01.580
<v Speaker 1>so important and what is the relevance that people should

0:30:01.600 --> 0:30:02.060
<v Speaker 1>know about it?

0:30:02.560 --> 0:30:06.460
<v Speaker 2>Well, the Constitution sets up the government, the form of

0:30:06.500 --> 0:30:10.750
<v Speaker 2>the government. But what precedes that? What does it mean?

0:30:10.770 --> 0:30:16.870
<v Speaker 2>What defines you, your rights? How do they view your rights?

0:30:17.870 --> 0:30:20.970
<v Speaker 2>Where do they come from? And where does the government

0:30:21.030 --> 0:30:24.660
<v Speaker 2>come from? And it sets the order right. Just take

0:30:24.680 --> 0:30:30.490
<v Speaker 2>it simple. It says your rights come from God, basically,

0:30:30.510 --> 0:30:36.990
<v Speaker 2>from nature's God. And then from that, you give up

0:30:37.110 --> 0:30:42.440
<v Speaker 2>some of those God-given natural rights in order to be governed.

0:30:44.520 --> 0:30:47.100
<v Speaker 2>And what does that lead to? That leads to the Constitution.

0:30:47.540 --> 0:30:50.320
<v Speaker 2>I was pointing out to my clerks the other day,

0:30:50.360 --> 0:30:54.030
<v Speaker 2>because you get these Second Amendment cases. And I said,

0:30:54.090 --> 0:30:57.530
<v Speaker 2>you know, why do we keep saying there's a Second

0:30:57.570 --> 0:31:02.150
<v Speaker 2>Amendment right? The Second Amendment says the right to bear

0:31:02.470 --> 0:31:08.350
<v Speaker 2>arms shall not be infringed. It assumes a right. It

0:31:08.390 --> 0:31:13.260
<v Speaker 2>doesn't grant a right. And so you can go First Amendment,

0:31:13.300 --> 0:31:16.280
<v Speaker 2>et cetera, et cetera, et cetera. Where does that come from?

0:31:16.440 --> 0:31:20.440
<v Speaker 2>And that's what I was interested in, that what establishes

0:31:20.580 --> 0:31:25.540
<v Speaker 2>this whole notion of liberty. What establishes this order of rights?

0:31:26.200 --> 0:31:31.090
<v Speaker 2>And so it matters if you think the government is

0:31:31.350 --> 0:31:36.790
<v Speaker 2>the primary giver of, grantor of rights, and you receive

0:31:37.430 --> 0:31:42.540
<v Speaker 2>rights and benefits from the government versus you have the

0:31:42.620 --> 0:31:48.420
<v Speaker 2>rights and the government receives its authority from you. And

0:31:48.440 --> 0:31:52.710
<v Speaker 2>I think that that order... being able to establish that

0:31:52.750 --> 0:31:57.170
<v Speaker 2>in each case is important. And if you go back,

0:31:57.210 --> 0:32:01.150
<v Speaker 2>and that explains Justice Scalia's writings on the structure of

0:32:01.190 --> 0:32:05.730
<v Speaker 2>the Constitution being the safeguard of these rights that you

0:32:05.790 --> 0:32:12.250
<v Speaker 2>have that are antecedent and that are transcended. So I

0:32:12.350 --> 0:32:15.430
<v Speaker 2>focus on that to always get the order right. When

0:32:15.470 --> 0:32:20.030
<v Speaker 2>you farm, every farmer knows, like when you plant, or

0:32:20.070 --> 0:32:21.910
<v Speaker 2>when you plow, I don't know if you've ever plowed.

0:32:23.250 --> 0:32:25.730
<v Speaker 1>I'm a city boy, so I've watched it on TV.

0:32:25.950 --> 0:32:29.190
<v Speaker 2>So my granddaddy said, boy, he would always say, and

0:32:29.230 --> 0:32:32.230
<v Speaker 2>he put a little cuss word in there from time

0:32:32.510 --> 0:32:34.890
<v Speaker 2>to time, he said, and those rows better be straight.

0:32:35.430 --> 0:32:37.990
<v Speaker 2>So you have to take your first row, and it

0:32:38.030 --> 0:32:41.700
<v Speaker 2>has to be absolutely straight. Then you put your tire

0:32:42.180 --> 0:32:45.460
<v Speaker 2>in a groove where the plows, especially if you're using

0:32:45.500 --> 0:32:48.600
<v Speaker 2>a dish plow, and they go different ways. You go

0:32:48.840 --> 0:32:53.400
<v Speaker 2>and you follow that. So now every subsequent row is straight. Well,

0:32:54.240 --> 0:32:56.660
<v Speaker 2>going back to your point about precedent, what if that

0:32:56.740 --> 0:33:01.580
<v Speaker 2>first row is crooked? Will you keep going, pretending that

0:33:01.640 --> 0:33:05.290
<v Speaker 2>it's straight, or do you go back and make it straight?

0:33:06.180 --> 0:33:09.270
<v Speaker 2>That's why you say, well, I'm not accepting precedent. If

0:33:09.330 --> 0:33:12.530
<v Speaker 2>something doesn't make any sense, what am I going to do?

0:33:12.950 --> 0:33:15.550
<v Speaker 2>Am I a fool for following that or not questioning it?

0:33:16.250 --> 0:33:20.370
<v Speaker 2>I taught a course on stare decisis just for this point.

0:33:20.430 --> 0:33:24.910
<v Speaker 2>It makes sense when you have this unwritten laws and

0:33:24.950 --> 0:33:28.580
<v Speaker 2>when you have traditions and when barons are ruling on

0:33:28.650 --> 0:33:31.840
<v Speaker 2>cases in these rural areas in England. But when you

0:33:31.880 --> 0:33:34.840
<v Speaker 2>have positive law, when it's written down and you can

0:33:34.860 --> 0:33:39.380
<v Speaker 2>see the deviation, who's the fool? You follow something that's absurd.

0:33:40.140 --> 0:33:41.760
<v Speaker 2>Why would you follow something that's absurd?

0:33:42.500 --> 0:33:44.920
<v Speaker 1>Well, look, a great example of that, in a case

0:33:44.980 --> 0:33:47.160
<v Speaker 1>I talk about quite a bit in the book, is

0:33:47.200 --> 0:33:52.370
<v Speaker 1>the Kelo case, where Kelo involved a city that was

0:33:52.470 --> 0:33:53.950
<v Speaker 1>condemning a woman's home.

0:33:55.550 --> 0:33:58.620
<v Speaker 2>That they had for 100 years. Yes. This tiny house,

0:33:59.060 --> 0:34:04.300
<v Speaker 2>regular person's house, not a mansion, and for a public purpose,

0:34:05.360 --> 0:34:10.530
<v Speaker 2>not a public use. And that started in southwest D.C.,

0:34:10.570 --> 0:34:14.420
<v Speaker 2>by the way, the precedent for that. And the court

0:34:14.480 --> 0:34:18.000
<v Speaker 2>was willing to say that the public purpose was the

0:34:18.060 --> 0:34:20.859
<v Speaker 2>equivalent of public use. Well, a public purpose could be

0:34:21.260 --> 0:34:22.720
<v Speaker 2>to increase your tax base.

0:34:23.560 --> 0:34:26.719
<v Speaker 1>Well, and actually, as I was driving over here to

0:34:26.780 --> 0:34:30.150
<v Speaker 1>do this, I wanted to look. I pulled up the

0:34:30.210 --> 0:34:35.880
<v Speaker 1>language of the Fifth Amendment. And the relevant prohibition at

0:34:35.920 --> 0:34:39.819
<v Speaker 1>the end of it is, nor shall private property be

0:34:39.900 --> 0:34:44.259
<v Speaker 1>taken for public use without just compensation. So that's the

0:34:44.340 --> 0:34:50.210
<v Speaker 1>actual language. And Kelo, unfortunately, it was 5-4, the majority

0:34:50.290 --> 0:34:53.830
<v Speaker 1>said that the city of New London, Connecticut could take

0:34:53.870 --> 0:34:58.980
<v Speaker 1>her home. not for a highway or a road or

0:34:59.140 --> 0:35:02.480
<v Speaker 1>a city building, but for a parking lot for a

0:35:02.560 --> 0:35:09.299
<v Speaker 1>planned Pfizer building. And you dissented, you dissented, and it

0:35:09.400 --> 0:35:13.640
<v Speaker 1>focused on the words public use versus purpose. And explain

0:35:13.680 --> 0:35:14.520
<v Speaker 1>that distinction to us.

0:35:14.800 --> 0:35:18.810
<v Speaker 2>Well, purpose is a very broad term.

0:35:19.210 --> 0:35:22.210
<v Speaker 1>And the court and its precedent had basically turned use

0:35:22.270 --> 0:35:22.770
<v Speaker 1>into purpose.

0:35:22.930 --> 0:35:27.640
<v Speaker 2>But there's another thing. principle or that we have followed

0:35:28.219 --> 0:35:31.020
<v Speaker 2>for years, which is you don't take, the government doesn't

0:35:31.040 --> 0:35:35.180
<v Speaker 2>take property, private property from person A and give it

0:35:35.219 --> 0:35:39.760
<v Speaker 2>to private person B. That's not a public use. So,

0:35:40.120 --> 0:35:44.739
<v Speaker 2>but going back to your point that a public use

0:35:44.780 --> 0:35:47.440
<v Speaker 2>would be a park, it'd be a hospital, it'd be

0:35:48.040 --> 0:35:52.310
<v Speaker 2>a highway, et cetera. Something that the public uses. A

0:35:52.370 --> 0:35:58.430
<v Speaker 2>public purpose doesn't necessarily, is much, much broader. So just

0:35:58.489 --> 0:36:02.750
<v Speaker 2>imagine you have a somewhat blighted area. But suddenly it's

0:36:02.790 --> 0:36:10.650
<v Speaker 2>attractive to people with lots of money. And a city decides, well,

0:36:10.830 --> 0:36:14.090
<v Speaker 2>we'd like to increase our tax base. Well, there are

0:36:14.130 --> 0:36:16.859
<v Speaker 2>all these young people with lots of money who want

0:36:16.880 --> 0:36:20.580
<v Speaker 2>to build these McMansions or these high-end $ 2 or $ 3

0:36:20.520 --> 0:36:26.310
<v Speaker 2>million structures. Well, the public purpose would be to increase

0:36:26.350 --> 0:36:29.910
<v Speaker 2>that tax base, but that's not a public use. And

0:36:30.469 --> 0:36:34.700
<v Speaker 2>now you've given people who have authority to take your

0:36:34.780 --> 0:36:39.660
<v Speaker 2>property a much broader way and much more power to

0:36:39.700 --> 0:36:43.660
<v Speaker 2>take an individual's property. Now, why is the issue? I

0:36:43.680 --> 0:36:46.510
<v Speaker 2>took quite a bit of property at Yale for this reason.

0:36:47.190 --> 0:36:49.669
<v Speaker 2>If you go back to Georgia, if you go back

0:36:49.710 --> 0:36:52.170
<v Speaker 2>to the South, you go to places like South Carolina,

0:36:52.580 --> 0:36:56.219
<v Speaker 2>There was all this land that blacks owned in the

0:36:56.280 --> 0:37:00.560
<v Speaker 2>way that my family received land over the years. It

0:37:00.580 --> 0:37:06.150
<v Speaker 2>was called heirs' property. Everybody owns it. Nobody's really in charge. Well,

0:37:06.390 --> 0:37:13.529
<v Speaker 2>a lot of that land, there were aggressive efforts to

0:37:15.290 --> 0:37:19.370
<v Speaker 2>use that land for developments. It could be for resorts

0:37:19.450 --> 0:37:23.660
<v Speaker 2>in Hilton Head. It could be for strategic purposes in

0:37:24.000 --> 0:37:29.180
<v Speaker 2>Harris Neck, Georgia. It could be for conservation in places

0:37:29.980 --> 0:37:34.540
<v Speaker 2>where blacks were subsistence farmers, like in McIntosh, Georgia. So

0:37:34.620 --> 0:37:39.489
<v Speaker 2>my only point is simply this, that the word, if

0:37:39.530 --> 0:37:41.759
<v Speaker 2>you want to protect the property, you have to stick

0:37:42.070 --> 0:37:46.290
<v Speaker 2>to the words in the Constitution, or it sort of

0:37:46.950 --> 0:37:51.730
<v Speaker 2>spreads out. to broader powers that were not intended and

0:37:51.790 --> 0:37:54.570
<v Speaker 2>public purpose allows it. Plus that word appears no place

0:37:54.650 --> 0:37:55.150
<v Speaker 2>in the Constitution.

0:37:55.170 --> 0:37:57.800
<v Speaker 1>Well, I will say, even though you were in dissent,

0:37:57.860 --> 0:38:01.360
<v Speaker 1>you did not command the majority in the court. I

0:38:01.440 --> 0:38:05.279
<v Speaker 1>think over time, the view you articulated has prevailed and

0:38:05.320 --> 0:38:09.180
<v Speaker 1>it's persuaded Texas and many other states have enacted laws

0:38:09.300 --> 0:38:13.339
<v Speaker 1>to prevent the taking of public property for public purposes.

0:38:13.390 --> 0:38:19.110
<v Speaker 1>And it was inspired, uh, inspired by your very, you know,

0:38:19.130 --> 0:38:22.950
<v Speaker 1>Justice O'Connor used an effective analogy in dissent in that

0:38:23.010 --> 0:38:27.719
<v Speaker 1>case where she said under this reasoning, the government could

0:38:28.100 --> 0:38:31.420
<v Speaker 1>condemn every Motel 6 and to build a Ritz-Carlton.

0:38:31.460 --> 0:38:36.600
<v Speaker 2>Yeah. And she's right. And she and I, and remember

0:38:36.640 --> 0:38:39.060
<v Speaker 2>she comes from a rancher.

0:38:39.340 --> 0:38:40.340
<v Speaker 1>Yeah.

0:38:40.580 --> 0:38:44.820
<v Speaker 2>I think the, just think about it, hand in hand

0:38:44.910 --> 0:38:49.900
<v Speaker 2>with liberty. Uh, you had, they, they were traveling companion,

0:38:49.980 --> 0:38:51.420
<v Speaker 2>liberty and property.

0:38:52.480 --> 0:38:52.719
<v Speaker 1>Okay.

0:38:52.820 --> 0:38:54.980
<v Speaker 2>Wherever you see it, if you look at the due

0:38:55.000 --> 0:38:56.779
<v Speaker 2>process clause, what does it protect?

0:38:57.360 --> 0:38:58.530
<v Speaker 1>Life, liberty, and property.

0:38:59.150 --> 0:39:02.830
<v Speaker 2>Okay. Wherever you see it. And that was my grandfather.

0:39:02.890 --> 0:39:06.009
<v Speaker 2>What did he say? These were PO. He said a

0:39:06.110 --> 0:39:09.370
<v Speaker 2>little bit of land, you get to raise crops, you

0:39:09.410 --> 0:39:12.430
<v Speaker 2>get to build a little place to live. Uh, you

0:39:12.469 --> 0:39:16.380
<v Speaker 2>get to raise some animals. Okay. The property was a

0:39:16.460 --> 0:39:20.919
<v Speaker 2>part of your way to take care of yourself. So

0:39:21.040 --> 0:39:24.510
<v Speaker 2>liberty and property, it was the fruit of your labor.

0:39:25.310 --> 0:39:28.650
<v Speaker 2>So you worked in the cornfield, you planted it, you

0:39:28.690 --> 0:39:32.669
<v Speaker 2>took care of it, you harvested it. It's yours. And

0:39:32.890 --> 0:39:36.250
<v Speaker 2>the land is yours. You earned it. And I think

0:39:36.290 --> 0:39:41.200
<v Speaker 2>you see throughout the founding all those things that those

0:39:41.239 --> 0:39:45.759
<v Speaker 2>were always paired, liberty and property. And we treat it

0:39:45.860 --> 0:39:49.150
<v Speaker 2>as though it's a benefit from the government. Yep. rather

0:39:49.230 --> 0:39:53.170
<v Speaker 2>than a right that transcends the government and is to

0:39:53.210 --> 0:39:54.819
<v Speaker 2>be protected from the government.

0:39:55.320 --> 0:39:57.620
<v Speaker 1>One thing you did there just a minute ago that

0:39:57.680 --> 0:40:01.759
<v Speaker 1>is really powerful and that is a consistent theme of

0:40:01.800 --> 0:40:08.509
<v Speaker 1>your jurisprudence is you understand the rights protected in the

0:40:08.570 --> 0:40:13.870
<v Speaker 1>Constitution with an understanding of the context of history. So

0:40:13.890 --> 0:40:18.920
<v Speaker 1>when you're talking about condemning land or property for public

0:40:18.980 --> 0:40:22.470
<v Speaker 1>purpose rather than use, you quickly brought it to when

0:40:22.610 --> 0:40:26.489
<v Speaker 1>government power is used, historically it has been used over

0:40:26.570 --> 0:40:30.669
<v Speaker 1>and over by the rich and powerful against the more

0:40:30.730 --> 0:40:36.060
<v Speaker 1>vulnerable in society, often against African Americans or Hispanics or

0:40:36.080 --> 0:40:40.319
<v Speaker 1>people who don't necessarily have the ability to defend themselves

0:40:40.380 --> 0:40:46.220
<v Speaker 1>against government power. That's something also that you've powerfully done

0:40:46.760 --> 0:40:50.630
<v Speaker 1>in the Second Amendment context. And one of the things

0:40:50.770 --> 0:40:53.109
<v Speaker 1>that you've said, you and I, when we were sitting

0:40:53.130 --> 0:40:56.989
<v Speaker 1>down doing interviews, you talked about the importance of Reconstruction,

0:40:57.270 --> 0:40:59.930
<v Speaker 1>that if you're going to understand American history and the Constitution,

0:41:01.010 --> 0:41:03.089
<v Speaker 1>you've got to understand Reconstruction. Tell us about that.

0:41:03.770 --> 0:41:09.620
<v Speaker 2>Well, it's everything. I mean, it's, you know, I think Reconstruction,

0:41:10.140 --> 0:41:12.739
<v Speaker 2>why did you have Reconstruction? I mean, because you had

0:41:12.760 --> 0:41:15.759
<v Speaker 2>the Civil War. You had slaves that were freed. You

0:41:15.800 --> 0:41:18.239
<v Speaker 2>had the South that was not going to do what

0:41:18.280 --> 0:41:22.860
<v Speaker 2>it should do. And so you basically had the military

0:41:22.900 --> 0:41:27.359
<v Speaker 2>in the South. And after Reconstruction, of course, you got

0:41:27.410 --> 0:41:31.190
<v Speaker 2>the Redeemers. You got the Redeemers. You have the former

0:41:31.230 --> 0:41:36.350
<v Speaker 2>Confederates who've been disempowered, disenfranchised, and they start forming these

0:41:36.410 --> 0:41:40.270
<v Speaker 2>vigilante groups. And who are they going after? Are they

0:41:40.310 --> 0:41:43.989
<v Speaker 2>going after the Republicans in the South, they're going after

0:41:44.070 --> 0:41:49.989
<v Speaker 2>particularly the freedmen. And what's the argument? If you just

0:41:50.030 --> 0:41:53.529
<v Speaker 2>take a look at it, you'd see they would maraud.

0:41:54.010 --> 0:41:57.779
<v Speaker 2>They would intimidate. They would lynch. And there was a

0:41:57.840 --> 0:42:03.719
<v Speaker 2>big difference. But the 14th Amendment is passed. And the

0:42:03.739 --> 0:42:08.600
<v Speaker 2>whole point is to now make these slave citizens. But

0:42:08.640 --> 0:42:11.509
<v Speaker 2>there's something further going on. If you look at the

0:42:11.550 --> 0:42:15.890
<v Speaker 2>debates in the 14th Amendment, the argument is these people

0:42:15.950 --> 0:42:20.989
<v Speaker 2>have a right to defend themselves. Now, the radical Republicans

0:42:21.090 --> 0:42:26.870
<v Speaker 2>felt that with these rights, privileges or immunities, also brings

0:42:27.030 --> 0:42:33.509
<v Speaker 2>the right to bear arms. They have a right to

0:42:33.650 --> 0:42:37.569
<v Speaker 2>defend themselves from these marauders. And anyone who lives in

0:42:37.610 --> 0:42:40.350
<v Speaker 2>a rural area, who lives in the South, You could

0:42:40.370 --> 0:42:43.790
<v Speaker 2>be in Texas, in rural Texas. Everybody is armed for

0:42:43.810 --> 0:42:49.759
<v Speaker 2>a variety of reasons. To defend themselves, to hunt, etc.

0:42:50.400 --> 0:42:53.540
<v Speaker 2>And if you live in rural Georgia, I didn't know

0:42:53.620 --> 0:42:57.160
<v Speaker 2>anybody who didn't have at least one weapon. And you

0:42:57.200 --> 0:43:03.410
<v Speaker 2>could have a mad dog. You could have a six-foot rattlesnake.

0:43:04.250 --> 0:43:06.170
<v Speaker 2>You could have a moccasin. You could have all sorts

0:43:06.210 --> 0:43:10.129
<v Speaker 2>of things. And you could have an opportunity to kill

0:43:10.170 --> 0:43:14.150
<v Speaker 2>an animal for food. But my point is that the

0:43:14.330 --> 0:43:19.460
<v Speaker 2>radical Republicans understood that without that right to defend themselves..

0:43:19.480 --> 0:43:21.360
<v Speaker 1>And fundamentally, it's a right to life, a right to

0:43:21.400 --> 0:43:23.759
<v Speaker 1>protect your life, your kids' life, your family.

0:43:23.980 --> 0:43:27.840
<v Speaker 2>Well, that was the point. That was the Freedmen Bureau.

0:43:27.880 --> 0:43:31.450
<v Speaker 2>If you look at the reports, they're getting killed down

0:43:31.690 --> 0:43:35.810
<v Speaker 2>here with the Knights of Camellia, the Ku Klux Klan, etc.,

0:43:36.710 --> 0:43:40.870
<v Speaker 2>And so you get the 14th Amendment. Right. And defining them,

0:43:40.910 --> 0:43:47.220
<v Speaker 2>of course, answering Taney and responding to his notion that

0:43:47.260 --> 0:43:51.480
<v Speaker 2>blacks cannot be citizens. But this also brings in the

0:43:51.500 --> 0:43:52.980
<v Speaker 2>privileges or immunities clause.

0:43:53.280 --> 0:43:56.279
<v Speaker 1>And Taney was the author of Dred Scott, which if

0:43:56.320 --> 0:44:00.469
<v Speaker 1>there's a decision that is more disgraceful than Plessy versus Ferguson,

0:44:00.489 --> 0:44:01.219
<v Speaker 1>it was Dred Scott.

0:44:01.489 --> 0:44:06.770
<v Speaker 2>Well, it is... For a lot of different reasons. I've

0:44:06.790 --> 0:44:10.060
<v Speaker 2>spent a lot of time on Dred Scott and the

0:44:10.100 --> 0:44:14.560
<v Speaker 2>history around Dred Scott. But the whole point is that

0:44:16.880 --> 0:44:19.080
<v Speaker 2>here's a man who's trying to figure out a way

0:44:19.160 --> 0:44:22.360
<v Speaker 2>to say that no way blacks could ever be citizens

0:44:22.620 --> 0:44:26.910
<v Speaker 2>of this country, just by their very nature. And, of course,

0:44:27.950 --> 0:44:32.650
<v Speaker 2>we revisit that old notion in the birthright case last term. Yep.

0:44:33.140 --> 0:44:35.779
<v Speaker 2>in a different way and for different reasons. But the

0:44:36.100 --> 0:44:39.969
<v Speaker 2>14th Amendment in this country is critical because it's basically

0:44:39.989 --> 0:44:43.270
<v Speaker 2>the second founding. And so you have to understand that.

0:44:43.290 --> 0:44:46.290
<v Speaker 2>So what I think I owe my fellow citizens is

0:44:46.350 --> 0:44:49.509
<v Speaker 2>not just to read the words of the Constitution, but

0:44:49.530 --> 0:44:53.310
<v Speaker 2>to try to understand not just the 14th Amendment, but

0:44:53.410 --> 0:44:58.490
<v Speaker 2>the revolution, leading up to the revolution, the history of England,

0:44:58.530 --> 0:45:03.000
<v Speaker 2>the things that influence it. The Civil War, the post-Civil War,

0:45:03.480 --> 0:45:06.840
<v Speaker 2>the Reconstruction era, and you may have to read people

0:45:06.880 --> 0:45:08.470
<v Speaker 2>you don't necessarily agree with.

0:45:08.489 --> 0:45:08.569
<v Speaker 1>Sure.

0:45:08.690 --> 0:45:13.310
<v Speaker 2>For example, I read and reread Eric Foner on Reconstruction. Now,

0:45:13.350 --> 0:45:16.370
<v Speaker 2>he's a revisionist historian, but he's fine. He does a

0:45:16.430 --> 0:45:20.270
<v Speaker 2>great job of explaining Reconstruction and a lot of these problems,

0:45:20.690 --> 0:45:23.279
<v Speaker 2>and I admire the work that he's done. At the

0:45:23.340 --> 0:45:28.720
<v Speaker 2>same time, you may not agree. with the revolutionary period

0:45:28.820 --> 0:45:33.200
<v Speaker 2>with Murray Rothbard because he's a libertarian. But he's written

0:45:33.219 --> 0:45:38.150
<v Speaker 2>a couple of thousand pages on this and conceived in liberty.

0:45:38.610 --> 0:45:41.950
<v Speaker 2>And it's worth reading because it gives you that sort

0:45:41.989 --> 0:45:46.030
<v Speaker 2>of granular understanding of the revolutionary period.

0:45:46.210 --> 0:45:53.819
<v Speaker 1>But you told me a story about Justice Breyer when

0:45:53.880 --> 0:45:57.970
<v Speaker 1>he was robbed. And if you just share that story.

0:45:58.469 --> 0:46:05.010
<v Speaker 2>Poor Steve Breyer. He's such a good man. So, Steve,

0:46:05.070 --> 0:46:07.390
<v Speaker 2>this is a joke, and I hope I don't offend Steve.

0:46:08.130 --> 0:46:11.700
<v Speaker 2>He's a very decent man. We spent a lot of

0:46:11.760 --> 0:46:13.980
<v Speaker 2>years sitting next to each other. What a fun time.

0:46:14.000 --> 0:46:18.100
<v Speaker 2>But at any rate, so Steve Breyer, he'd been robbed,

0:46:18.180 --> 0:46:20.339
<v Speaker 2>and he didn't want it to be public. He didn't

0:46:20.400 --> 0:46:24.859
<v Speaker 2>want the attention. And Nevis, where they have little property there.

0:46:25.680 --> 0:46:29.640
<v Speaker 2>And he said, so he's telling the story to a

0:46:29.700 --> 0:46:32.140
<v Speaker 2>number of us, a number of others as I walk

0:46:32.180 --> 0:46:36.319
<v Speaker 2>in the room, that he turns to me because I

0:46:36.360 --> 0:46:38.569
<v Speaker 2>wasn't there at the beginning. He said, Clarence, I had

0:46:38.610 --> 0:46:43.770
<v Speaker 2>a question for you. You're on your porch. You're playing

0:46:43.850 --> 0:46:48.650
<v Speaker 2>bridge with another couple, you and your wife, and a

0:46:49.190 --> 0:46:51.469
<v Speaker 2>guy walks up with a machete. What would you do?

0:46:53.050 --> 0:46:56.750
<v Speaker 2>And I said, I don't play bridge. He said, okay, okay,

0:46:56.890 --> 0:47:00.529
<v Speaker 2>you're playing poker. And the guy walks over to the machete,

0:47:01.410 --> 0:47:06.150
<v Speaker 2>and he says, he demands money. What would you do?

0:47:06.170 --> 0:47:09.280
<v Speaker 2>He said, I don't play poker. I don't play cards, Steve.

0:47:09.530 --> 0:47:11.140
<v Speaker 2>He said, what would you be doing on your porch?

0:47:11.180 --> 0:47:15.640
<v Speaker 2>I said, cleaning my guns. And I said, do you

0:47:15.680 --> 0:47:19.339
<v Speaker 2>want some ketchup with that? But at any rate, he

0:47:19.480 --> 0:47:21.900
<v Speaker 2>is such, I hope that doesn't offend him, he is

0:47:22.420 --> 0:47:26.640
<v Speaker 2>the nicest man. You know, I... And that goes back.

0:47:26.760 --> 0:47:28.900
<v Speaker 2>I just, let me just say a word. You ask about,

0:47:29.660 --> 0:47:33.070
<v Speaker 2>you know, the, the court and the work, et cetera.

0:47:33.530 --> 0:47:37.969
<v Speaker 2>It's a human institution. And I've been blessed because I

0:47:38.010 --> 0:47:41.109
<v Speaker 2>get along with the members of the court. Uh, we

0:47:41.150 --> 0:47:45.200
<v Speaker 2>have a different set of colleagues now, uh, but they're wonderful.

0:47:45.280 --> 0:47:49.759
<v Speaker 2>You've got, uh, Neil and Louise Gorsuch, the delightful, just

0:47:49.900 --> 0:47:53.790
<v Speaker 2>wonderful couple. Um, And, you know, it takes a few

0:47:53.830 --> 0:47:57.030
<v Speaker 2>years to get your legs, and he's done that. Brett

0:47:57.070 --> 0:48:02.320
<v Speaker 2>Kavanaugh was just the nicest person. He and his wife, Ashley,

0:48:02.680 --> 0:48:09.520
<v Speaker 2>she's a Texan. You've got the Alitos, Martha Ann and Sam. Again,

0:48:09.820 --> 0:48:13.000
<v Speaker 2>and the Chief and Jane. I mean, it's a wonderful

0:48:13.040 --> 0:48:15.739
<v Speaker 2>group of people. And it was when I came on

0:48:15.780 --> 0:48:18.770
<v Speaker 2>the court. It's different now because I'm the oldest member

0:48:18.810 --> 0:48:21.980
<v Speaker 2>as opposed to They're the youngest. As the New York

0:48:22.020 --> 0:48:26.160
<v Speaker 2>Times said, the youngest and the cruelest. But, you know,

0:48:26.200 --> 0:48:29.660
<v Speaker 2>it's just, I've just changed perspective. But still, it's a

0:48:29.719 --> 0:48:32.300
<v Speaker 2>human institution with decent people on board.

0:48:32.360 --> 0:48:37.200
<v Speaker 1>So I saw Brett and Ashley at Lindsey Graham's funeral.

0:48:37.219 --> 0:48:40.000
<v Speaker 1>And they've been friends. I've known them for 30 years.

0:48:40.420 --> 0:48:44.379
<v Speaker 1>Ashley was on the. 2000 George W. Bush campaign with

0:48:44.520 --> 0:48:46.420
<v Speaker 1>Heidi and me. So we were all young staffers on

0:48:46.460 --> 0:48:48.380
<v Speaker 1>that campaign. So I saw the two of them at

0:48:48.420 --> 0:48:51.450
<v Speaker 1>Lindsey's funeral. I actually told Brett at the funeral a

0:48:51.469 --> 0:48:58.670
<v Speaker 1>story during his confirmation hearing when Lindsey Graham went off.

0:48:58.710 --> 0:49:00.710
<v Speaker 1>And I think it's his– Lindsey was a dear friend

0:49:00.750 --> 0:49:02.750
<v Speaker 1>of mine and it was his finest moment I believe

0:49:02.810 --> 0:49:08.370
<v Speaker 1>as a senator where he unloaded on the unfairness of

0:49:08.430 --> 0:49:14.819
<v Speaker 1>what was happening and My mother had not previously been

0:49:14.860 --> 0:49:18.230
<v Speaker 1>a fan of Lindsey Graham's. And in the hearing, she

0:49:18.330 --> 0:49:24.080
<v Speaker 1>texts me and she says, okay, I now love Lindsey Graham.

0:49:24.200 --> 0:49:26.540
<v Speaker 1>And she goes online and gives him 40 bucks. And

0:49:26.560 --> 0:49:28.480
<v Speaker 1>so I walk over to Lindsey, I pull out my

0:49:28.540 --> 0:49:30.720
<v Speaker 1>phone and I show him the text from my mom.

0:49:30.760 --> 0:49:32.800
<v Speaker 1>And Lindsey is cracking up laughing.

0:49:33.480 --> 0:49:36.300
<v Speaker 2>Well, you know, it is really interesting. And that goes

0:49:36.400 --> 0:49:41.440
<v Speaker 2>to our country. People like people who stand up for

0:49:41.480 --> 0:49:42.020
<v Speaker 2>what's right.

0:49:42.140 --> 0:49:42.420
<v Speaker 1>Amen.

0:49:43.060 --> 0:49:46.320
<v Speaker 2>And as I said to you from the beginning, I

0:49:46.380 --> 0:49:48.620
<v Speaker 2>do not understand a lot about this town. I don't

0:49:48.660 --> 0:49:52.080
<v Speaker 2>know who has the time for all this animus toward

0:49:52.140 --> 0:49:54.360
<v Speaker 2>other people. I don't spend any of my day on

0:49:54.400 --> 0:49:58.820
<v Speaker 2>that sort of thing. But the lying that takes place,

0:49:58.940 --> 0:50:04.680
<v Speaker 2>the attacks on financial disclosure, it was laughable in one way,

0:50:04.719 --> 0:50:08.220
<v Speaker 2>but just painful to just the lies.

0:50:08.280 --> 0:50:08.400
<v Speaker 1>Yes.

0:50:09.120 --> 0:50:13.820
<v Speaker 2>But you and Mike Lee and the others who stood

0:50:13.920 --> 0:50:18.590
<v Speaker 2>up are dearly appreciated because we could not believe the

0:50:18.770 --> 0:50:26.170
<v Speaker 2>inundation of just misstatements and falsehoods. And we don't have

0:50:26.190 --> 0:50:29.890
<v Speaker 2>the capacity at the court to defend ourselves. We don't

0:50:29.930 --> 0:50:32.989
<v Speaker 2>have a bully pulpit or anything like that. Most of

0:50:33.070 --> 0:50:37.899
<v Speaker 2>us just simply are doing our jobs. And we can disagree.

0:50:37.920 --> 0:50:44.609
<v Speaker 2>In the old days, I first became aware of the

0:50:44.690 --> 0:50:51.430
<v Speaker 2>court when they're riding along US 17 between Savannah and

0:50:51.450 --> 0:50:56.270
<v Speaker 2>the farm. There were these impeach Earl Warren signs after

0:50:56.310 --> 0:51:00.950
<v Speaker 2>Brown v. Board of Education. And so I understand that

0:51:01.010 --> 0:51:06.710
<v Speaker 2>people have different ways of reacting. to the work that

0:51:06.750 --> 0:51:11.630
<v Speaker 2>we do, but this current environment that we're in is quite,

0:51:12.130 --> 0:51:15.850
<v Speaker 2>excuse me, quite different from signs saying impeach Earl Warren.

0:51:16.340 --> 0:51:19.740
<v Speaker 1>Well, Justice, let me say thank you. Thank you for,

0:51:19.900 --> 0:51:22.299
<v Speaker 1>you've been incredibly generous with your time. Thank you for

0:51:22.340 --> 0:51:25.580
<v Speaker 1>joining us on this podcast. Thank you for spending the

0:51:25.620 --> 0:51:29.819
<v Speaker 1>time in the interviews to write this book. And look,

0:51:29.840 --> 0:51:32.850
<v Speaker 1>I've said this before, but you are a true American hero.

0:51:32.890 --> 0:51:35.930
<v Speaker 1>And I want to say to the folks listening, you're

0:51:35.950 --> 0:51:37.410
<v Speaker 1>a young person, there are a lot of young people

0:51:37.469 --> 0:51:40.239
<v Speaker 1>that listen to this podcast. If you are a young

0:51:40.320 --> 0:51:45.759
<v Speaker 1>person and you're looking for someone to admire, someone to emulate,

0:51:45.840 --> 0:51:49.890
<v Speaker 1>someone to walk along a path and be inspired by,

0:51:51.010 --> 0:51:54.150
<v Speaker 1>you would be very hard pressed to find a better

0:51:54.210 --> 0:51:57.589
<v Speaker 1>role model than Clarence Thomas. And that's why I wrote

0:51:57.630 --> 0:52:04.400
<v Speaker 1>this book, because I think you are an incredibly historic

0:52:05.140 --> 0:52:09.590
<v Speaker 1>significant human being and leader with courage and principle, and

0:52:09.610 --> 0:52:14.650
<v Speaker 1>I am grateful. You can order the book, goingfurther.com, pre-order

0:52:14.670 --> 0:52:17.589
<v Speaker 1>the book, buy it for your family. I think you'll

0:52:17.610 --> 0:52:21.670
<v Speaker 1>like it. I think you'll learn. I hope in this

0:52:21.710 --> 0:52:24.450
<v Speaker 1>podcast you've seen why I admire Justice Thomas so much

0:52:24.530 --> 0:52:26.810
<v Speaker 1>and why I think you should as well. And thank

0:52:26.830 --> 0:52:28.770
<v Speaker 1>you very much, and we'll see you on the next podcast.

0:52:28.930 --> 0:52:29.470
<v Speaker 1>Thank you, Justice.

0:52:29.489 --> 0:52:29.700
<v Speaker 2>Thank you.