Appellate court pick. It was senate action. Lawrence van dyke was confirmed for the 9th Circuit Court of appeals marking President Trumps 50th successful Appellate Court appointment in just three years. In eight years, president obama was able to confirm 55 Circuit Court or appellate judges. Its these courts, not the Supreme Court thats the final word on a majority of matters. His picks are in average ten years younger than obamas. Theyll be making law for a lot longer than donald trump will be president , regardless of what happens in 2020. Heres another way to assess. The 9th cord in San Francisco covers the western states of california, watch, oregon, neva nevada, idaho, alaska, the population here, about 20 of the United States. The 9th circuit is historically, famously liberal in its disposition. It was the 9th circuit that struck sow californias samesex marriage ban, ruled that the Second Amendment does not include a individuals right to bear arms, and bans on assisted suicide are unconstitutional. You will remember that this course one held that the pledge of allegiance under god language is an unconstitutional of religion. Its been calculated at this point during the obama presidency, he only appointed 24, means trump is appointing appellate judges twice as fast as obama. President george w. Bush had only filled 30 seats. President clinton 27, president george h. W. Bush 31, Ronald Reagan 23. That pace is partly due to President Trumps disregard of the tradition of the socalled blue slip, a showing of demps to home state u. S. Senators. Van dyke, by way of example, did not enjoy the support of either of nevadas u. S. Senators, all this not to mention the two picks that President Trump has already made to the Supreme Court. While some of his picks have been controversial, van dyke for example was deemed unqualified by the American Bar Association despite his harvard law degrees and past as solicitor general for montana and nevada, most have received high mark foss credentials. Many have clerked for the Supreme Court. Theyve been called over the years business the Federalist Society in anticipation of a republican president just like this, and all of them have one thing in common a conservative judicial philosophy. Their impact will be felt for. Years to come on matters of health care, equality, privacy, abortion, climate, guns, the list is endless. And the way in which President Trump has deared out his duty to make judicial appointments, namely fulfilling a Campaign Promise to flail jurists, says why impeachment fans have not moved the needle with the president s base. Did i convince you . Go to my website, its smerconish. Com and answer this question which will have greater impact on President Trumps legacy . Remaking the federal courts or impeachment . Joining me to discuss is ian millhighser, a Senior Correspondent at vox, where he wrote an excellent piece. He also clerked for a judge on the 6th circuit and the author of injustices ian, talk to me about the pace. I referenced the blue slip tradition, but what accounts for President Trumps ability to get so much done . Part of the answer is Mitch Mcconnell has turned the senate into a factory that kicks out judicial confirmations. Theres more than 100 bills that passed the house that the senate has ignored. Mcconnell has been confirming judge after judge after judge. Trump had an unusual number of vaccination candidacies to fill. When obama was president , mcconnell turned it into a blocking of, and then the minute that trump got in, hes just been kicking out confirmation after confirmation, because the rep party views taking over the judiciary as a very high priority. The Federalist Societys role in this, the president has made no bones about how he relies on them for the screening process. The Federalist Society is an organization that covers up and down the legal profession. Harvard law students, law students at all law schools that join the Federalist Society, all the way up to a Supreme Court justices. It identifies lawyers when they are law students, finds people who are very talented, and who are very committed to a conservative ideology, and basically forms a pipeline so the smartest kids at harvard get the best clerkship. They move up and up until they become federal judges or even justices. Folks watching might be unsettled with the philosophical disposition of some ofs in jurists. As you pointed out in your piece in vox, its hard to quarrel with their credentials. Yeah, if you look at the credentials of trumps nominees, most have extraordinarily impressive resumes. If youre a republican, you should be very happy with that. If youre a democrat, that should bother you more. If you dont like the agenda these nominees will push, the fact theyre so smart, means theyll push a very conservative agenda in a competent and systematic way. Democrats would be better off if President Trump was just picking goons to fill these seats. The 9th circuit for a lab for what you wrote about it and what we are discussing, please sum it up. Sure. There are a number of vacancies held over on the 9th circuit. There are a number that have opened. Mcconnell has made sure those seats get filled as fast as they can. What were going to see at the beginning, 10 of 29 seats are now controlled by trump. As long as hes in office. More judges will keep retiring. Judges unfortunately are going to die, so you will see this pace quicken and trump will gain more and more control over more and more judgeships. I would tie together all of todays front page news under this bow and i think herein lies the explanation why the base doesnt perhaps pay so much attention to the underlying facts of the impeachment probe. Instead theyre getting a heck of a lot from what they wanted with trump with regard to the remaking of the federal bench. Theres no question that this is a big deal for wrap. I graduated from law school in 2006. It wasnt that long ago. Back then, if you listened to the Federalist Society, if you listened to republicans talk about judges, they talked about judicial restrained they wanted the judiciary to do less and less. Now when i hear them talk about it, they want to do more and more, strike down obama care, hobble the epa. Immunize trump from a lot of the investigations going on in the house. So whats going to happened is that the judiciary will get more conservative. Its also going to claim more power to itself, which means even if a democratic president is elected in 2020, the law will still move to the right because the courts will be pushing that in that direction. Ian, that was excellent. Thank you. Thank you. I say every four years on the radio and here on cnn, every four years, heres the issue we should be spending more time discussing, the awesome responsibility of a president to single handedly appoint members of the federal yew dishary. The issue just never seems to get the level of the attention that it warrants. Tweet me or go to my facebook page. Ill read some responses. Catherine, what do we have . This entire regime is nothing more than a power grab. Thank for attempting to awaken america, michael. Im not minimizing impeachment, but this this is the legacy that will matter. One more. Do i have time . We wont know the answer to this yes, because he has four more years to go. I would say the courts. Bill calfry im saying the impact hes already had, hes doubling the pace of president obama with his selections. My guests just explained how the table was set for him by Mitch Mcconnell to be able to do so. Up ahead the brutal slaying of an 18yearold barn ar freshman and shocking the ages of the alleged attackers. What should the just system do in cases like this . And is President Trumps impeachment just partisan bigering . How are thousands outside the beltway reacting . And answer my question which will greater impact on President Trumps legacy . Your school. Your job. Your dreams. Your problems. indistinct shouting but at the y, we create opportunities for everyone, no matter who you are or where youre from. For a better us, donate to your local y today. For a better us, too many afterparties. New neutrogena® bright boost with dullnessfighting neoglucosamine. Boosts cell turnover by 10 times for instantly brighter skin. Bright boost neutrogena®. Too shabby too much i can rent this . For that price . Absolutely. Its just right book your just right rental at thrifty. Com. The best of pressure cooking and air frying now in one pot, and with tendercrisp technology, you can cook foods that are crispy on the outside and juicy on the inside. The ninja foodi Pressure Cooker, the Pressure Cooker that crisps. Im finding it hard to stay on a faster laptop could help. Plus, tech support to stay worry free. Worry free. Boom boom get free next business day shipping or. 1 hour instore pick up shopping season solved at Office Depot Officemax or officedepot. Com. As you know, the house yew dishary voted to advance two articles of impeachment against President Trump. For some its monumental, just the fourth time a u. S. President will face impeachment. So how is it playing in the swing states . Joining me to discuss is Charles Franklin director of Marquette Law School poll. Dr. Franklin, you were just in the field. What did you find . We found that first of all the public testimony did not move opinion and secondly 40 support impeachment and removal. 52 oppose before the testimony it was 40 to 53, so it hardly budged as a result of the testimony. I understand its a game of inches, but support for impeachment in the state of wisconsin actually declined the further we got into the testimony. Thats right. The first wave of surveys in october, before any of the public testimony was done, was 44 in favor, 51 opposed, so that inched down 4 in support, inched up a point or two in opposition. Most of that was driving by republicans coalescing completely behind the president. Democrats are a bit less in favor. The 0 of republicans are opposed. 80 of democrats are in fair. Its not a big gap, but its a little bit. Independents are a bit more opposed than in favor. Look, i know youre a numbers guy, but i know you got a ph. D. In Political Science from the university of michigan, so what is going on here . What is it about the playing out of the testimony that didnt strike people in wisconsin . I think that people absorb the message that reinforced their view form the evidence is pretty strong that people who thought the president was culpable ahead of time are supporting impeachment. Those who believe the president and are disinclined especially to accept messages from the other party dismiss the proimpeachment evidence and stick by the president. This is something weve seen the last few years about people wantic to believe and acting on that and being very hard to move them with new information. My own i agree with what you just said. My own thought, for what its worth, is folks are out working, raising kids. Unlike me they dont have the time, its moot job to do so to watch every aspect of it. So they probably then get their information from their usual outlets, which have a decidedly different presentation and they accept that belief system. And then we get to select the sources of news, and theres some gaps between the different sources. The other thing we see is about a third are paying close attention, about a third some attention, about a third little or no attention. Those paying a lot of attention have moved a little more in accepting the evidence of what trump did in withholding aid and pressuring ukraine, but those paining little attention, po about half say they dont know what he did with respect to ukraine. I want to quickly put up on the screen the head to head competition. My takeaway was that it almost matters not who is in the lead and who is behind. Its all within the margin of error. Is that fair . I think thats exactly right. We included corey booker, who has not broken out into the top tier of democratic people. He trails trump by 1 , exactly the same as Elizabeth Warren and pete buttigieg. Thats a good example that democrats are focussed on defeating the president , and at least when its trump versus a democrat, we get almost identical numbers. Biden does one point better than trump does, but the other are at one or in Bernie Sanders case, two points down. To the uninitiated, why make a big deal other wisconsin, my response will be tell me who wins wisconsin in 2020, and i will tell you likely thats who gets the presidency of the United States. You get the final word. Thats the point. Three of the last have been decided by less thran if you gave clinton michigan and pennsylvania, but trump still won wisconsin, trump still won the electoral college. Nicely done. Thank you, dr. Franklin. Thank you. Make sure youre going to the website and answering this weeks survey question. You know how im voting which will have greater impact on President Trumps legacy . Remaking of the federal courts or impeachment. A suspect is arrested in the case . 13 years old. The others involved said to be only 14. What should we do with juvenile killers . Steyer im about to say two words that will make washington insiders very uncomfortable term limits. You and i both know we need term limits, that congress shouldnt be a lifetime appointment. But members of congress, and the corporations whove bought our democracy hate term limits. Too bad. Im tom steyer and i approve this message because the only way we get universal healthcare, address Climate Change and make our economy more fair is to change business as usual in washington. Plaque psoriasis uncoverth clearer skin that can last. In fact, tremfya® was proven superior to humira® in providing significantly clearer skin. Tremfya® may increase your risk of infections and lower your ability to fight them. Tell your doctor if you have an infection or symptoms or if you had a vaccine or plan to. 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Eliminating patients access to lifesaving care and destroying jobs all in exchange for bigger profits for Insurance Companies. Tell congress, put patients first, not big insurance. What do we do with squlufls who killed . New york city was shocked by the murder of a freshman during a robbie near campus early thursday evening. Now a 13yearold boy has been ace rested. He admitted to be involved in the attempted robbery and stabbing. People have recommended several charges. His legal aid so i attorney told New York Times that the police had no evidence beyond the oys statement and hi had never previously been arrested. Theres no allegation my client touched the complaintant, he was merely present when this took place. Until new york state law, minors can be tried as adults, but per the times, the 13yearold will be prosecuted in family court, because hes facing a charge of felony murder, meaning hes not accused of the stabbing, but taking a part in the robbery. The 13yearolds statement led police to other suspects, one of them ra 14yearold, a third suspect is still being sought. Joining mess is executive director for the it campaign for the fair sentencing of youth. There was a quote on your website, some background actually that ill read and hopefully youll explain. The United States the website writing, treats children particularly youth of color that come into conflict with the law, in trot intensely cruel and inhuman ways. This is evidenced most starkly by the fact that the United States is the only country that sentencing children to die in prison by imposing life without parole sentencing on individuals under age 18. Imposition of the sentence varies significantly based on geography, quality of legal representation, the childs economic status and race. Apply some of that thinking to what we now know about this case. First, i want to start by saying my hard goes out to the majors family. As a mom myself, i can only imagine what her parents are going through. Its just any moms worst nightmare. I think theres a lot we dont know yet about this case. What we do know, though, is young people can and do commit serious crimes. They need to be held accountable for those crimes. It needs to be done innage ageappropriate way t