1 00:00:00,080 --> 00:00:02,840 Speaker 1: To discuss all matters Supreme Court. It's a great pleasure 2 00:00:02,840 --> 00:00:04,680 Speaker 1: to welcome back to the Armstrong and Getty show. Adam 3 00:00:04,720 --> 00:00:08,080 Speaker 1: White the Resident Resident Scholar at the American Enterprise Institute. 4 00:00:08,520 --> 00:00:12,920 Speaker 1: Adam focuses on American constitutionalism, the Supreme Court, the administrative State, 5 00:00:13,000 --> 00:00:16,160 Speaker 1: and is also Assistant Professor of Law and director of 6 00:00:16,200 --> 00:00:17,759 Speaker 1: the Sea, Boyd and Gray Center for the Study of 7 00:00:17,760 --> 00:00:20,360 Speaker 1: the Administrative State at the Antonin Scalia Law School, one 8 00:00:20,400 --> 00:00:23,160 Speaker 1: of the great law schools in America at George Mason University. 9 00:00:23,280 --> 00:00:26,040 Speaker 1: Mr White, how are you, sir? I'm good. Thanks. You 10 00:00:26,040 --> 00:00:29,000 Speaker 1: gotta take some deep breath in that law that long 11 00:00:29,080 --> 00:00:31,600 Speaker 1: business card, I do it short, I declare Adam the 12 00:00:31,640 --> 00:00:35,480 Speaker 1: smartest person on the Supreme Court in America. Well, that's 13 00:00:35,760 --> 00:00:38,400 Speaker 1: that's what you are, brief and and lovely. So hey, 14 00:00:38,440 --> 00:00:42,440 Speaker 1: why don't we start with why is interesting and partisanship 15 00:00:42,520 --> 00:00:46,320 Speaker 1: over the Supreme Court at such a fever pitch these 16 00:00:46,400 --> 00:00:50,640 Speaker 1: days in a way that it really wasn't in decades past. Well, 17 00:00:50,640 --> 00:00:52,000 Speaker 1: it's because of what the Court has done in the 18 00:00:52,000 --> 00:00:55,200 Speaker 1: decades since then. In Justice Scalia put this really powerfully 19 00:00:55,240 --> 00:00:56,880 Speaker 1: in one of his descents, in the one of the 20 00:00:56,920 --> 00:00:59,880 Speaker 1: abortion cases, he said that, you know, to extend just 21 00:01:00,040 --> 00:01:02,400 Speaker 1: this is are worried that the confirmation process is getting 22 00:01:02,400 --> 00:01:04,960 Speaker 1: out of control. Um, they need to take a look 23 00:01:05,000 --> 00:01:08,040 Speaker 1: at themselves and understand that the bigger of a footprint 24 00:01:08,080 --> 00:01:11,600 Speaker 1: that the Supreme Court puts on American politics by deciding 25 00:01:11,640 --> 00:01:14,399 Speaker 1: issues that are better left to the political process, the 26 00:01:14,480 --> 00:01:17,600 Speaker 1: more that the political process will pull the Court into itself. 27 00:01:17,760 --> 00:01:21,080 Speaker 1: And that's what we have now, especially when people are 28 00:01:21,080 --> 00:01:24,160 Speaker 1: are are when people think that that Roe v. Wade 29 00:01:24,240 --> 00:01:29,520 Speaker 1: might someday be at stake. So did the did the 30 00:01:29,560 --> 00:01:32,840 Speaker 1: court change, did the public attitudes change? Or did the 31 00:01:32,880 --> 00:01:35,440 Speaker 1: Senate change? And that we used to confirm these people 32 00:01:35,520 --> 00:01:40,240 Speaker 1: ninety eight to nothing to nothing two that sort of thing, 33 00:01:40,319 --> 00:01:42,160 Speaker 1: and now it's you know, a fight to the death. 34 00:01:42,160 --> 00:01:44,759 Speaker 1: It's a knife fight. And Alley, I'd say the court 35 00:01:44,840 --> 00:01:47,319 Speaker 1: changed first, then the people, and then the Senate caught up. 36 00:01:47,319 --> 00:01:50,880 Speaker 1: I'd say that the Court changed first in expanding all 37 00:01:50,920 --> 00:01:53,720 Speaker 1: sorts of rights that aren't written in the Constitution, like 38 00:01:53,760 --> 00:01:55,960 Speaker 1: in Roe v. Wade in other cases, I'd say that 39 00:01:56,000 --> 00:01:58,680 Speaker 1: the left started to put much more emphasis on the 40 00:01:58,680 --> 00:02:02,240 Speaker 1: Court as a politic cal tool. And then we saw, 41 00:02:02,400 --> 00:02:05,000 Speaker 1: you know, Ted Kennedy others declare war on Robert Bork 42 00:02:05,040 --> 00:02:07,960 Speaker 1: in seven. That was the real turning point. I think 43 00:02:08,000 --> 00:02:10,760 Speaker 1: Republicans took a little while to catch up. They never 44 00:02:10,800 --> 00:02:12,760 Speaker 1: really declared war on set. I mean, they never have 45 00:02:12,880 --> 00:02:17,600 Speaker 1: declared war on on Ginsberg, Brier, Soda, Mayor, and Kagan 46 00:02:17,680 --> 00:02:21,400 Speaker 1: the way that Democrats have to bork Thomas Kavanaugh. They 47 00:02:21,400 --> 00:02:24,040 Speaker 1: even went after David Suitor before they realized he was 48 00:02:24,040 --> 00:02:26,399 Speaker 1: going to be a liberal justice. I'd say that. Then 49 00:02:26,600 --> 00:02:30,919 Speaker 1: finally Republican senators decided we need to take this stuff really, 50 00:02:30,919 --> 00:02:33,600 Speaker 1: really seriously too well. And I suppose we could mention 51 00:02:33,680 --> 00:02:36,600 Speaker 1: that the Congress is in the habit of passing grand 52 00:02:36,639 --> 00:02:40,200 Speaker 1: and glorious legislation that's also very very vague, and then 53 00:02:40,440 --> 00:02:43,400 Speaker 1: lets the court interpret, you know, their grand, grand and 54 00:02:43,400 --> 00:02:47,160 Speaker 1: glorious implementation. Yeah, there's no shortage of that too. I 55 00:02:47,200 --> 00:02:49,919 Speaker 1: spend you know, plenty of time teaching administrative law and 56 00:02:49,960 --> 00:02:53,760 Speaker 1: warning about that problem. So yesterday Joe Biden was asked, 57 00:02:54,000 --> 00:02:56,640 Speaker 1: if he's president, is he in favor of packing the court? 58 00:02:56,720 --> 00:02:59,079 Speaker 1: He wouldn't answer that question because he said it'd be 59 00:02:59,120 --> 00:03:01,919 Speaker 1: a distraction. What is packing the court out? What would 60 00:03:01,960 --> 00:03:05,560 Speaker 1: it look like in you know, what's the likelihood of it? Sure, okay. 61 00:03:05,560 --> 00:03:09,320 Speaker 1: Packing The court is adding justices. We have nine justices. 62 00:03:09,560 --> 00:03:11,320 Speaker 1: The court has been that size for about a hundred 63 00:03:11,320 --> 00:03:13,799 Speaker 1: and fifty years. That's not written in the Constitution. The 64 00:03:13,800 --> 00:03:16,359 Speaker 1: Constitution doesn't say anything about it. Originally the court was 65 00:03:16,440 --> 00:03:18,919 Speaker 1: six members. It's been as large as ten, but since 66 00:03:18,960 --> 00:03:21,760 Speaker 1: about the Civil War we've been at nine. That could 67 00:03:21,760 --> 00:03:26,200 Speaker 1: be changed any time by ordinary legislation. Congress could create 68 00:03:26,280 --> 00:03:28,359 Speaker 1: Supreme Court seats the way that it you know, it 69 00:03:28,400 --> 00:03:31,240 Speaker 1: could print money. We don't do that for a good reason, 70 00:03:31,320 --> 00:03:33,359 Speaker 1: because the stability of the court is an important thing. 71 00:03:33,680 --> 00:03:36,600 Speaker 1: And once you'd make that move, once a Congress and 72 00:03:36,680 --> 00:03:39,760 Speaker 1: a fit of partisan peak add seats to the court, 73 00:03:40,040 --> 00:03:42,240 Speaker 1: we all know what happens the next time the tables 74 00:03:42,240 --> 00:03:44,640 Speaker 1: are turned to the other side add seats in. Pretty 75 00:03:44,680 --> 00:03:47,480 Speaker 1: soon we have a court of fifteen seventeen members. It 76 00:03:47,480 --> 00:03:49,160 Speaker 1: looks less like a court of law and more like 77 00:03:49,200 --> 00:03:52,520 Speaker 1: a miniature Senate. We call it court packing because that's 78 00:03:52,560 --> 00:03:55,120 Speaker 1: what it was called when President Franklin delan Or Roosevelt 79 00:03:55,160 --> 00:03:56,560 Speaker 1: tried to do it or threatened to do it in 80 00:03:56,560 --> 00:03:58,960 Speaker 1: the nineteen thirties, and its own fit of peak over 81 00:03:59,000 --> 00:04:01,560 Speaker 1: the Supreme Court striking down a couple of New Deal statutes. 82 00:04:02,000 --> 00:04:07,160 Speaker 1: Back then, the the the proposal was so radioactive, uh, 83 00:04:07,200 --> 00:04:11,640 Speaker 1: that everybody in the political process immediately rose up and said, no, 84 00:04:11,720 --> 00:04:14,520 Speaker 1: this must not be done. It's been to call the 85 00:04:14,600 --> 00:04:17,279 Speaker 1: third rail since then would be an understatement. It's worse 86 00:04:17,320 --> 00:04:20,360 Speaker 1: than a third rail. And the fact that Democrats about 87 00:04:20,360 --> 00:04:23,080 Speaker 1: two years ago started talking about it, I think, really 88 00:04:23,120 --> 00:04:27,159 Speaker 1: showed how far beyond the beyond they've gone. And I 89 00:04:27,200 --> 00:04:28,839 Speaker 1: think that it would be if they were to push 90 00:04:28,880 --> 00:04:32,560 Speaker 1: that button, after say, taking over the White House and 91 00:04:32,600 --> 00:04:35,880 Speaker 1: the Senate, it would utterly destroy the Supreme Court as 92 00:04:35,880 --> 00:04:39,840 Speaker 1: a credible institution. I think that it needs to be avoided. Yes, 93 00:04:40,040 --> 00:04:42,400 Speaker 1: I mean, I feel like we do that weird speaking 94 00:04:42,400 --> 00:04:45,719 Speaker 1: of rails, were really off the rails at that point. Um, 95 00:04:45,960 --> 00:04:47,560 Speaker 1: how difficult is it to do? Is it just a 96 00:04:47,600 --> 00:04:49,480 Speaker 1: majority vote in the House and Senate and the President 97 00:04:49,520 --> 00:04:52,000 Speaker 1: signs it or what is it? That's it? That's it. 98 00:04:52,040 --> 00:04:54,840 Speaker 1: The Supreme Court. Congress can just pass a law like 99 00:04:54,920 --> 00:04:57,800 Speaker 1: any other loss and just amend the statute. I don't 100 00:04:57,800 --> 00:04:59,160 Speaker 1: have the statute in front of me that says how 101 00:04:59,160 --> 00:05:02,000 Speaker 1: many seats the Court as but you just strike out 102 00:05:02,120 --> 00:05:05,280 Speaker 1: nine and right in and and that's it, and and 103 00:05:05,320 --> 00:05:08,560 Speaker 1: in fact they don't if they get rid of the filibuster, 104 00:05:08,839 --> 00:05:11,240 Speaker 1: then it's just a bare majority of the House and 105 00:05:11,279 --> 00:05:15,440 Speaker 1: the Senate at a moment in time adds seats. Yeah, 106 00:05:15,880 --> 00:05:18,720 Speaker 1: how concerned are you that we are entering an era 107 00:05:18,800 --> 00:05:23,000 Speaker 1: where that sort of thing is being um not only contemplated, 108 00:05:23,040 --> 00:05:25,440 Speaker 1: but done. And to hell with the Union, to hell 109 00:05:25,520 --> 00:05:29,599 Speaker 1: with the country. I'm profoundly worried about it. I think 110 00:05:29,640 --> 00:05:33,240 Speaker 1: that the greatest constitutional crisis of our time is just 111 00:05:33,400 --> 00:05:37,120 Speaker 1: one of utter, the utter lack of self restraint by 112 00:05:37,160 --> 00:05:41,400 Speaker 1: our political actors and by so much of the public 113 00:05:41,720 --> 00:05:46,640 Speaker 1: that really rallies them to go to abusive extent just 114 00:05:46,680 --> 00:05:49,520 Speaker 1: in support of whatever policy they favor at the moment. 115 00:05:49,800 --> 00:05:52,400 Speaker 1: I think it's profoundly dangerous. You know. You know what 116 00:05:52,800 --> 00:05:54,839 Speaker 1: bothers me about it is that Democrats have done a 117 00:05:54,880 --> 00:05:58,839 Speaker 1: great job. I think, you know, the media helps that along, 118 00:05:59,240 --> 00:06:01,760 Speaker 1: but the Democrats done a great job of making it 119 00:06:01,800 --> 00:06:04,640 Speaker 1: seem like you do this crazy thing, and we're gonna 120 00:06:04,640 --> 00:06:07,480 Speaker 1: do this crazy thing. Well, the crazy thing the Republicans 121 00:06:07,480 --> 00:06:11,440 Speaker 1: are talking about doing is one constitutional I mean, it's 122 00:06:11,440 --> 00:06:15,080 Speaker 1: not out of bounds at all. Yeah, it's it's not 123 00:06:15,160 --> 00:06:17,000 Speaker 1: all they're trying to do is fill the seat. Now 124 00:06:17,040 --> 00:06:19,920 Speaker 1: here's here's the butt. Okay, here's the butt. The butt 125 00:06:20,040 --> 00:06:23,159 Speaker 1: is as much of in favor of the Garland in 126 00:06:23,240 --> 00:06:25,240 Speaker 1: action that I was. I was totally on board with 127 00:06:25,279 --> 00:06:27,840 Speaker 1: them not voting on Garland. I think the way, the 128 00:06:27,920 --> 00:06:31,719 Speaker 1: extent to which they really emphasized this new rule about 129 00:06:31,800 --> 00:06:35,000 Speaker 1: not voting on Supreme Court confirmations during an election year, 130 00:06:35,440 --> 00:06:37,520 Speaker 1: I really wished at the time they hadn't said that. 131 00:06:37,839 --> 00:06:40,920 Speaker 1: I really wish now they hadn't said it, because while 132 00:06:40,920 --> 00:06:43,080 Speaker 1: they are totally in the right to do what they 133 00:06:43,080 --> 00:06:46,839 Speaker 1: are doing, there is there is this this this debate 134 00:06:47,000 --> 00:06:50,760 Speaker 1: surrounding the honesty or dishonesty of Republican senators that I 135 00:06:50,800 --> 00:06:53,640 Speaker 1: think looks terrible, and I really worry that it's gonna 136 00:06:53,839 --> 00:06:56,240 Speaker 1: undermine not just their own credibility politicians. They can give 137 00:06:56,240 --> 00:06:58,880 Speaker 1: away their credibility whatever they want. I'm really worried that 138 00:06:58,760 --> 00:07:01,320 Speaker 1: that the stench of that is the stick to the 139 00:07:01,520 --> 00:07:04,760 Speaker 1: whatever great judge gets nominated, and it will follow them 140 00:07:04,760 --> 00:07:07,719 Speaker 1: to the court. And I think while politics is brutal 141 00:07:07,760 --> 00:07:09,720 Speaker 1: and it always has been, I think one of the 142 00:07:09,720 --> 00:07:11,600 Speaker 1: things we need to keep in mind, is that politics 143 00:07:11,600 --> 00:07:14,680 Speaker 1: surrounding the Supreme Court needs to have an extra measure 144 00:07:14,680 --> 00:07:17,200 Speaker 1: of self restraint for the good of the court, because 145 00:07:17,240 --> 00:07:18,600 Speaker 1: we need it for the good of the rule of law. 146 00:07:18,800 --> 00:07:21,680 Speaker 1: Adam White is with the American Enterprise Institute and George 147 00:07:21,720 --> 00:07:25,360 Speaker 1: Mason University. What do you think of the principle of 148 00:07:25,720 --> 00:07:29,680 Speaker 1: choosing court new justices according to the dying wishes of 149 00:07:29,720 --> 00:07:34,440 Speaker 1: the previous justice. Yeah, you know, I'm not going to 150 00:07:34,520 --> 00:07:38,360 Speaker 1: speak ill of the dead, No, certainly not, but speaking 151 00:07:39,640 --> 00:07:44,520 Speaker 1: dying wishes as serious, I'll say Justice Ginsburgh from time 152 00:07:44,560 --> 00:07:46,760 Speaker 1: to time ran into trouble for getting too engaged in 153 00:07:46,760 --> 00:07:50,480 Speaker 1: the political process, particularly with respect to President Trump. I 154 00:07:50,560 --> 00:07:54,160 Speaker 1: really regret that she her her last statement was one 155 00:07:54,280 --> 00:07:57,920 Speaker 1: calling for a quote new president to name the next 156 00:07:57,960 --> 00:08:01,160 Speaker 1: Supreme Court justice. I just think that's that's really not 157 00:08:01,720 --> 00:08:07,160 Speaker 1: a statesman like word message from a Supreme Court justice, 158 00:08:07,640 --> 00:08:11,360 Speaker 1: and and it's not her call. Right, Let's move on 159 00:08:11,360 --> 00:08:14,080 Speaker 1: to some of the women being discussed for the opening 160 00:08:14,360 --> 00:08:17,480 Speaker 1: um Amy Coney, Barrett obviously Barbara le go On. I 161 00:08:17,560 --> 00:08:19,640 Speaker 1: don't know to what extent the rumor mill is accurate, 162 00:08:19,680 --> 00:08:23,440 Speaker 1: but any thoughts on those two women in particular, so 163 00:08:23,600 --> 00:08:26,760 Speaker 1: I really don't know anything about Barbara logo. She's she's 164 00:08:26,800 --> 00:08:28,400 Speaker 1: not been sort of on the radar of the areas 165 00:08:28,400 --> 00:08:30,880 Speaker 1: of law that I tend to focus on. Um Amy Coney. 166 00:08:30,880 --> 00:08:34,319 Speaker 1: Barrett obviously was thrust into the spotlight when Diane Feinstein 167 00:08:34,440 --> 00:08:37,360 Speaker 1: at the last confirmation hearing for when when Barrett was 168 00:08:37,440 --> 00:08:40,200 Speaker 1: going on the Lower Court, you know, Finstein said that 169 00:08:40,480 --> 00:08:42,959 Speaker 1: she had too much dogma, that Barrett had too much dogma. 170 00:08:43,120 --> 00:08:45,599 Speaker 1: Really to call it finley veiled is to give it 171 00:08:45,640 --> 00:08:48,120 Speaker 1: too much credit. Just a blunt attack on on her, 172 00:08:48,240 --> 00:08:51,200 Speaker 1: on Judge Barrett's Catholic faith that was horribly offensive. And 173 00:08:51,240 --> 00:08:53,600 Speaker 1: I think that the extent to which Judge Barrett really 174 00:08:53,720 --> 00:08:57,600 Speaker 1: rose above that situation and and and and prevailed is 175 00:08:57,640 --> 00:09:01,120 Speaker 1: to her great credit. Her scholarship on how to read 176 00:09:01,160 --> 00:09:04,720 Speaker 1: statutes and how to balance the reading of statutes against 177 00:09:04,720 --> 00:09:08,120 Speaker 1: the reading of precedents is I think among the most 178 00:09:08,240 --> 00:09:10,920 Speaker 1: fundamentally important issues of the next twenty five years in 179 00:09:10,960 --> 00:09:14,160 Speaker 1: the Supreme Court. And so I think Judge Barrett, for 180 00:09:14,200 --> 00:09:17,640 Speaker 1: a variety of reasons, is probably the ideal candidate for 181 00:09:17,640 --> 00:09:20,120 Speaker 1: this moment in time. Some of the names that have 182 00:09:20,120 --> 00:09:23,280 Speaker 1: floated around Judge Britt Grant of the one of the 183 00:09:23,320 --> 00:09:25,880 Speaker 1: lower federal courts down in Georgia. I've known her since 184 00:09:25,920 --> 00:09:28,400 Speaker 1: she was in the Attorney General's office down there. She's 185 00:09:28,440 --> 00:09:32,679 Speaker 1: a really great lawyer, extremely smart, smart and sharp. I'm 186 00:09:32,720 --> 00:09:34,480 Speaker 1: glad to see her name on the list as well. 187 00:09:34,800 --> 00:09:38,400 Speaker 1: So this is a You'll have to use some judgment 188 00:09:38,440 --> 00:09:40,880 Speaker 1: on this question, because I I don't know the answer 189 00:09:40,880 --> 00:09:43,800 Speaker 1: to this. The court with Ruth Bader Ginsburg on it. 190 00:09:44,240 --> 00:09:46,079 Speaker 1: If you're looking at a football field and the fifty 191 00:09:46,160 --> 00:09:50,080 Speaker 1: yard line is right in the middle between liberal or conservative, 192 00:09:50,120 --> 00:09:52,920 Speaker 1: where was the court with her on it? So which 193 00:09:53,080 --> 00:09:57,959 Speaker 1: how far do the writer left? Oh, that's hard to say. 194 00:09:58,679 --> 00:10:00,520 Speaker 1: I'm from a Big ten school and we don't do 195 00:10:00,520 --> 00:10:09,840 Speaker 1: football anymore. Um. I uh So this this replacing Judge 196 00:10:09,840 --> 00:10:13,200 Speaker 1: Ginsburg with say Barrett or somebody in a similar vein, 197 00:10:13,760 --> 00:10:15,480 Speaker 1: is going to move them If we were at the 198 00:10:15,480 --> 00:10:18,400 Speaker 1: fifty yard line before, we're moving over to about forty 199 00:10:18,440 --> 00:10:21,400 Speaker 1: five forty yard line in the conservative direction. There's an 200 00:10:21,400 --> 00:10:25,440 Speaker 1: opportunity to change some precedents that the liberal justices had 201 00:10:25,480 --> 00:10:28,760 Speaker 1: laid down in earlier years. But also this is really important. 202 00:10:29,080 --> 00:10:33,080 Speaker 1: We could avoid some bad precedents that might have been 203 00:10:33,120 --> 00:10:35,400 Speaker 1: made with just the changing of a couple of seats 204 00:10:35,400 --> 00:10:39,439 Speaker 1: in a liberal direction, especially in areas of religious liberty, 205 00:10:39,600 --> 00:10:42,200 Speaker 1: where Justice Ginsberd really was at the forefront of trying 206 00:10:42,200 --> 00:10:45,720 Speaker 1: to trim back the Religious Freedom Restoration Act and pull 207 00:10:45,800 --> 00:10:49,120 Speaker 1: back some of the protections that religious believers have in 208 00:10:49,160 --> 00:10:53,960 Speaker 1: the face of progressive administrative state regulations. UM. I think 209 00:10:53,960 --> 00:10:56,240 Speaker 1: that was going to be a crucial area for for 210 00:10:56,360 --> 00:10:59,280 Speaker 1: Judge Barrett or any other appointee to the Court to 211 00:10:59,320 --> 00:11:02,480 Speaker 1: really avoid aid a dangerous turn. I know it's not 212 00:11:02,520 --> 00:11:05,760 Speaker 1: in the Constitution that you need to have sixty votes 213 00:11:05,840 --> 00:11:08,520 Speaker 1: to become a Supreme Court justice. Did you like it 214 00:11:08,559 --> 00:11:11,319 Speaker 1: better when the threshold was higher than just a majority 215 00:11:11,559 --> 00:11:14,840 Speaker 1: or do you think of majority is fine? I wouldn't 216 00:11:14,840 --> 00:11:16,680 Speaker 1: say I liked I definitely didn't like it better at 217 00:11:16,720 --> 00:11:19,680 Speaker 1: the time, UM, because it was blocking some good judges 218 00:11:19,880 --> 00:11:22,600 Speaker 1: in the George W. Bush administration. It's hard for me 219 00:11:22,640 --> 00:11:24,400 Speaker 1: to put myself back in that mindset. I think that 220 00:11:24,480 --> 00:11:27,400 Speaker 1: the voting threshold is really less important than the process 221 00:11:28,120 --> 00:11:30,400 Speaker 1: in general. I think I think ultimately the Synate is 222 00:11:30,440 --> 00:11:33,040 Speaker 1: to decide how the Senate does business in terms of 223 00:11:33,040 --> 00:11:35,320 Speaker 1: the votes. I think the more of the Senate can 224 00:11:35,360 --> 00:11:38,800 Speaker 1: do to create a credible process that really does I 225 00:11:38,840 --> 00:11:41,679 Speaker 1: mean bad pun but does justice to the gravity of 226 00:11:41,720 --> 00:11:44,679 Speaker 1: this particular issue, the appointment of Spreme Court justices. That's 227 00:11:44,679 --> 00:11:48,400 Speaker 1: a good things of gang rape and that sort of thing. Well, right, 228 00:11:48,440 --> 00:11:50,360 Speaker 1: that's the problem is you don't want to belabor the 229 00:11:50,360 --> 00:11:54,360 Speaker 1: process just for the sake of character assassination. That was disgusting. Uh, 230 00:11:54,400 --> 00:11:58,720 Speaker 1: and it's it's something that Republican senators have never never done. Um. 231 00:11:58,760 --> 00:12:02,880 Speaker 1: But I would say trying to trying to to raise 232 00:12:03,160 --> 00:12:06,840 Speaker 1: a confirmation through before election day, like you're the Dukes 233 00:12:06,920 --> 00:12:10,200 Speaker 1: has are trying to to outrun Roscoe Peeke Coltrane, that's 234 00:12:10,200 --> 00:12:13,120 Speaker 1: just a bad It just doesn't do justice to the 235 00:12:13,320 --> 00:12:16,280 Speaker 1: gravity situation. I've I mean, I've written on this for 236 00:12:16,360 --> 00:12:18,000 Speaker 1: the Bulwark and a piece that I know is pretty 237 00:12:18,000 --> 00:12:20,920 Speaker 1: out of step with with my conservative friends. I think 238 00:12:20,960 --> 00:12:23,160 Speaker 1: that they should do justice to the process, even if 239 00:12:23,160 --> 00:12:26,439 Speaker 1: it means voting after election day, even if President Trump loses. 240 00:12:26,760 --> 00:12:29,360 Speaker 1: I think that the process, especially for this seat, I 241 00:12:29,400 --> 00:12:32,200 Speaker 1: think the American people deserve to get to know this 242 00:12:32,360 --> 00:12:35,520 Speaker 1: nominee the right way and not in a hurried or 243 00:12:35,960 --> 00:12:38,839 Speaker 1: or or other otherwise problematic way. By the way, your 244 00:12:38,920 --> 00:12:43,559 Speaker 1: writings on Duke and Duke versus Coltrane. Incredibly insightful. Adam 245 00:12:43,559 --> 00:12:47,480 Speaker 1: White with the American Enterprise Institute. Alright, final question, we 246 00:12:47,559 --> 00:12:51,600 Speaker 1: gotta go there. I guess it's obligatory, um Roe v. Wade. 247 00:12:51,920 --> 00:12:54,800 Speaker 1: It's just an exhausting discussion. To me, What are the 248 00:12:54,880 --> 00:12:59,640 Speaker 1: chances a conservative court would actually overturn it in the 249 00:12:59,640 --> 00:13:02,120 Speaker 1: next in years. It's hard to imagine, I'd say in 250 00:13:02,160 --> 00:13:04,840 Speaker 1: the next twenty five years. Not hard to imagine. It's 251 00:13:04,640 --> 00:13:07,480 Speaker 1: a It will take a process of case by case 252 00:13:08,000 --> 00:13:10,720 Speaker 1: narrowing the precedent and really getting down to the core 253 00:13:10,760 --> 00:13:14,800 Speaker 1: abortion right and then making the big decision. But along 254 00:13:14,800 --> 00:13:17,360 Speaker 1: the way it's going to require a cultural change and 255 00:13:17,480 --> 00:13:20,200 Speaker 1: cultural outreach. It's the most one of the most important 256 00:13:20,200 --> 00:13:22,480 Speaker 1: issues of our time. There's a great line from a 257 00:13:22,480 --> 00:13:24,560 Speaker 1: liberal law professor. The problem with Roe v. Wade, it's 258 00:13:24,600 --> 00:13:27,240 Speaker 1: not that it's bad constitutional law. It's that it doesn't 259 00:13:27,240 --> 00:13:30,280 Speaker 1: even pretend to be constitutional law. It's had the worst 260 00:13:30,320 --> 00:13:33,400 Speaker 1: gravitational pull on everything around our court in our politics 261 00:13:33,400 --> 00:13:35,880 Speaker 1: for more than forty years, and I think the moment 262 00:13:35,920 --> 00:13:38,080 Speaker 1: that it's overturned will be a good moment. Adam White, 263 00:13:38,120 --> 00:13:41,360 Speaker 1: Residents scholar of the American Enterprise Institute end with the end, 264 00:13:41,360 --> 00:13:43,840 Speaker 1: and in Scholey Law School at George Mason University, Adam, 265 00:13:43,920 --> 00:13:46,160 Speaker 1: it is always a pleasure. Thanks a million for the 266 00:13:46,200 --> 00:13:47,520 Speaker 1: time you too, Well done.