Transcripts For CSPAN Washington Journal 09262020 20240712 :

Transcripts For CSPAN Washington Journal 09262020 20240712

Lines. That means for democrats, 2027488000. Republicans, we want to hear from you at 2027488001. Is endants, your line independents, your line is 2027488002. You can text us your opinions at 2027488003. And we are always reading your opinions on facebook and twitter cspanwj. President trump is expected to reveal his pick for the Supreme Court later today at the white house, and several news organizations are reporting the picked to be federal judge Amy Coney Barrett. In fact, we will read a couple of paragraphs from the latest bloomberg story announcing their sourcing on the cake, heres what they said President Trump has told associates he will nominate amy barrett to replace Ruth Bader Ginsburg on the Supreme Court, according to people familiar with the matter, a move that could cement conservative control of the judiciary weeks before election day. If confirmed by the senate, barrett in the 48, would become the third justice appointed to the ninemember high court by trump. She is not to be a devout catholic with fervent antiabortion views. Trump plans to announce her nomination at a white house ceremony on saturday, though he could still change his mind, the people cautioned. Lets get more information about this Supreme Court by talking to a Supreme Court reporter, greg storr, who also worked for bloomberg. Before we get to what is going to happen today, what has struck you about the washingtons goodbye to late justice Ruth Bader Ginsburg this week . Guest it has been remarkable. At a surprise given what cultural icon she, was what a hero she was to so many people in this country, primarily liberal people. Was one of the best discussions i have heard of her if she was somebody who would be a very important historical figure even if she hadnt joined the Supreme Court just because of the work she did on gender equality as a litigator before the Supreme Court, and of course, she got on the Supreme Court and had a remarkable impact, and the timing of her death before the election is very poignant and is usually important moment for the country. So there is a lot of emotion being shown by people on both sides. Host several news organizations including bloomberg are reporting the trace of her replacement will be amy coney reporting that the choice of her replacement will be Amy Coney Barrett. What do we know about Amy Coney Barrett . Guest she is a federal Appeals Court judge appointed by donald trump, a former Notre Dame University law school professor. She is a very religious woman, as you mentioned, about will suddenly be a subject of questioning at the confirmation hearings, it was when she was an Appeals Court judge. Sided onmebody who has the right side of cases, thebody who has backed trump on immigrationrelated questions. She generally have a conservative track record. She will be the first Supreme Court justice in a very long time not to have an Ivy League Law degree, she graduated from notre dame law school. She will be very much a source of controversy when she is up before the Senate Judiciary committee. Host we know in the past but some president s have leaked certain names just to see what the public reaction is. How certain army that she is going to be the pick . I noticed in the story that there was a caveat that the president could still change his mind. Guest this is the very unconventional presidency, but one thing that has been conventional is the way he makes judicial selections. Said things like that before neil gorsuch and Brett Kavanaugh or picked, and in both ases, the president went with person who was largely expected to be the pick in the days leading up. All signs suggest that President Trump is very happy with this choice. She was somebody he felt very good about when he interviewed her when the opening occurred a few years ago and the white house had been planning in the event that a vacancy was caused by ginsburg leaving the court or dying, about barrett was going to get it. Host the opening of the Supreme Court, the first mondays right around the corner. With Justice Ginsburgs death, that means there is a 44 split. The Supreme Court only has eight justices which means there is a possibility of a 44 split. What cases are you looking at, and how will the court operate with only eight justices right now . Guest the court operated with eight justices for a 14month period when Justice Scalia died. They can get it done. That is where you see moreconsensus rulings. Watching inwill be the event there is not a night justice is the Affordable Care act case, which will be argued a week after the election. If the court hears the case without a net justice and took 44, initial vote, divided was the court tends to do is it, wait forargue the night justice to join the Supreme Court and let him or her decide the vote. The court could also preemptively decide to reschedule the argument and do it when they know they are confident they will have a knife justice. Best ninth justice ninth justice. They have a lot of time to decide cases like this, so unless there is an extended vacancy, i would expect the court ultimately will decide the case with nine justices. Host it is washington, d. C. So everything is revolving around the elections. What does the Supreme Court do if there are election challenges between now and election day or on election day, and if they dont have a new justice seated by the point . Guest it would be a somewhat different situation. A lot of those electionrelated issues may come up as an emergency matter. You may have a federal Appeals Court that decide the issue one way or another. If they have eight justices and if Supreme Court issues the losing side of the court issues a stay and then the Lower Court Decision stays in force, that is a possibility for this election season. The president and his administration have indicated they would really like in ninth justice because they would like to have assurance that they have five votes to block or overturn a lower court ruling. Is a Legal Mechanism for handling those issues. , beyond todays take the President Trump, where we should have our eyes this week and where we should be watching. Guest it will be hard not to look at the pick this week. We have been talking about whether the president should have the right to nominate somebody now and the senate should confirm somebody before the election. Now we will shift to talking about a person. In all likelihood, Amy Coney Barrett and whether she is qualified or whether she should be on the Supreme Court. So the focus will be on her for the next several days. Host we would like to thank bloomberg Supreme Court reporter greg stohr for getting up and being with us. Thanks for your help this morning. Guest take care. Once again, we will spend our first hour talking about President Trumps presumed pick later today of Amy Coney Barrett of the Supreme Court. Lets go to our phones and start with terry calling from therstown, maryland, on republican line. Good morning. Caller good morning, jesse. His is a fabulous pic my heart goes out to the family ginsburg. She is no longer sick, she is walking the gold streets of heaven now. This is a great pick. The first question i would like to ask your future democrat callers, you discussed this in the news article and with your previous guest i have never seen catholic bigotry toward this nominee. Every article or liberal journalist i hear is fretting over her being catholic. I just wonder if it would be the same coverage if this was a jewish or muslim. I dont think so. But for some reason, if you are catholic and you believe in god or the bible, you are unfit to be a justice. But they are fine with biden and harris being president and Vice President. I just see democrats hypocrisy and fear mongering. Thank you, jesse and have a day. Host lets go to our next caller from florence, kentucky on the democrat line. Cd, good morning. Caller i think the concern with Supreme Court nominations anecially now, is encroachment of religious people into our , beginning with hobby lobby, and with the passage of samesex minimum marriage. You really started seeing. Evangelicals especially need to understand nd where mineghts e begin. Have a great day. Host tom on the independent line from florida. Good morning. Caller good morning. I would like to Say Something judicial. I think we should see what kind of judgment this person has or any of the nominees. She should say no, she will not accept the nomination until after the election, her or else. Just waited to see what her fellow americans say in this election. The person they decide on will decide. Bigot,is a selfcentered maybe she will only care about herself and not let her fellow decide, but she should care more about them than herself and every person should look at her judgment in this decision or any other person nominated, and if they dont wait, you will see what they think about their fellow americans. Host during any possible confirmation hearing, one of the questions we will know that will the futurel be nominees position on roe v. Wade. During her 2017 Circuit Court of appeals nomination hearing, judge barrett was asked about roe v. Wade. Here is what she said. Do you think roe v. Wade was correctly decided . Feelnator, i am sorry, i like i cant as a nominee offer an opinion. As i said before, on the rightness or wrongness of any precedent because i dont want to give the impression that it would treat more precedence as more valuable than others. I would apply precedent just resident. Ther or you believe there is a right to privacy under the constitution . The court has quite clearly held that there is. The you agree with the court . Senator blumenthal, i would follow up. Whether i agree or disagree would be beside the point to the discharge of my duties if i were confirmed. You have no personal views as to the right of privacy and of the constitution . The question is whether i have personal views that would be appropriate to share in this context, given the misimpression it would give against whom make up your before mayflower confirmed. If there were a first is there a First Amendment right in the constitution . The First Amendment exquisitely protects the right to free speech. Is there a Free Expression right in the constitution . Yes. I assumed it were asking me about the right to privacy and the due process clause, but of course the constitution protect expressly protects privacy, and the Fourth Amendment protection against unreasonable searches and seizures, for example. What about the right of a woman to determine when and pregnant . E becomes the court has held that while that right is not expressed in the due process clause, it is implied. The court has reiterated that. Griswold was the foundation of roe, and the court has adhered to that view for many years. You would adhere faithfully to that precedent . I absolutely would. And you have no personal beliefs as to whether roe was correctly decided . It is not that i have personal beliefs . Every nominee before you has beliefs about that precedent and many others, but all nominees are united in their belief that what they think about a precedent should not bear on how they would decide cases. We hear that from a lot of nominees. Frankness,n all inevitably, personal beliefs enter into judicial decisions. Anybody who has practiced law, and i have done it for 40 years, knows that judges, with the best of intentions are often influenced by their personal decisions, . Wouldnt you agree senator, i want you to know that you dont have to take my assurance for it. As senator flake said, i have gotten bipartisan sub word with it. Bipartisan support with it. All my colleagues, more than 70 members, hundreds of notre dame alumni, people across the ideological spectrum. If these people, who disagree with me on policy matters, thought i would in the business of imposing my policy beliefs, i would not have received such support. I have conducted myself as a professional medical career and would continue to do so is confirmed. Host let us see what our social media followers are saying about the residents reported sick of Amy Coney Barrett for the Supreme Court. One says, i am sure if trump picked her, she must be the best ebook. I am sure she will kick the separation of church and state in mind. Another post says, great, a wonderful mother and an outstanding and hardworking woman. She will be a great addition to the court. Another post says, is amy barrett does her job according to the constitution, her political affiliation should not matter. Post, the user says, pic number three with the possibility of two more in the second term. Sure looks like winning. Where is joe . From facebook, it says very good choice. We want to know what you think of Amy Coney Barrett for the Supreme Court. Lets go to john calling from republican on the republican line calling from michigan on the republican line. Good morning. Caller my first comment would be, hell yes. It is fun to watch all you liberals running scared. [laughs] yeah, it is. My second comment is i cant wait to see what you are going when youre going to throw race into this one is conversation. Next comment hey, jessie. When are you going to go back to msnbc with your other colleagues . See you later, dems. Ha ha ha , rob lets go to new york on the democratic line. Good morning. Caller good morning. Cspan. U, that was a pretty cynical laugh the last caller left us. Pretty infantile too. Amy, if, this justice, she gets put into the position, she is not going to save mr. If there is a contested election. If he not you know, thinks that by giving her a left time job lifetime job, in his primitive mind, you give someone a lifetime job he will get something for it, he doesnt do anything without thinking he will get something in return. That is the quid pro quo. He is always dealing. But she will adhere to the constitution and she is not going to turn her back on the constitution. To save this man. We have a president who is not just a liar, and i think joe biden ought to come up with a nickname, he can borrow mine is cheatindon. Donna the cheater. Thejust a liar don cheater. If you get a hold of his taxes, i bet you will find enormous cheating. The taxes that have come out from 10 or 15 years ago has shown that he is really not just a liar, he cheats. If you want to vote for a guy who cheats, you ever get into any kind of a situation where someone has left you feeling with the short end of the stick because he had cheated i am in new york, i met half a dozen carpenters, contractors, people who worked for trump over the years who said they simply didnt get paid. And he did a fine job. Host lets go to greg from chattanooga, tennessee on the independent line. Good morning. Pick is athink the pretty good choice. If they are going to go by the constitution, youre going to hear a lot of stuff from the liberals. Roe v. Wade doesnt have anything to do with religion, i dont think. Why do they keep talking about it like that . It is just a personal beliefs about abortion and stuff. Anyway, thats it, thanks. Host betty on the democrat line from virginia. Good morning. Caller good morning, jesse and everybody. I am so thoroughly disgusted. She is the worst pick of all. The main thing is they shouldnt be ticking anybody. They stole one nominee, Merrick Garland from obama. Now they are about to steal another one. They are the most despicable bunch trump, Mitch Mcconnell, and a whole bunch of them. The only decent thing is lisa and susanfrom alaska, collins from maine that said they might not this is the worst thing that could happen, the very worst thing. They should honor Bader Ginsburgs wish that she didnt the anybody picked until new president was installed. Even if she didnt make that wish, this is completely, completely, completely despicable what these people are doing. I hope it backfires on them and they lose very big. She would be the worst pick of all because she is way too conservative. Go to marvin, calling from chattanooga, tennessee on the independent line. Good morning. Caller i have been watching the president ial elections so forth since the 1950s, eisenhower. I was born in the 1940s. I think of her country is going the exact wrong way in trying to decide by gender, aires, bisexual orientation who should be in the position. The constitution would say trying to decide by gender, by race, by sexual orientation, who should be in the position. The best individuals should be placed into the position. When Clarence Thomas was nominated and put on the Supreme Court, and it was directly as a replacement for thurgood marshall, making that a black seat. I think that is wrong, even as a black man i think that is wrong. I

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