Transcripts For FOXNEWSW Hannity 20170201 03:00:00 : vimarsa

FOXNEWSW Hannity February 1, 2017 03:00:00

President trump on this decision. Welcome to the program. Glad to have you. Great to be here. Sean you and a lot of prominent judicial scholars were asked to look for certain candidates that fit this meaning of a constitutionalist, and originalist. Maybe some americans are hearing this term for the first time. How would you best define those terms and differentiate a regionalism from Judicial Activism . First of all, the way to think about it is a judge has a deep sense of fairness and a sense of impartiality. When he is grounded in text and Original Meaning Of The Constitution, she is putting the text and the original meeting ahead of any political predisposition he may have. Thats the way a judge cases. Fairly and partially without regard to your own predispositions or prejudices. Sean a judicial activist assembly of a liberal put a liberal would want on the court . Somebody believes that the constitution is a living and Breathing Document that they have the right to almost legislate from the bench, not respecting separation of powers, coequal branches, correct . That is right. For an activist, its all about results. Policy results that a particular judge might like where a group of people may like. That is not what judging is all about. If you want to do that, you should run for office. You should not be a judge. Sean my two favorite justices was Justice Antonin Scalia and clarence thomas. A lot of democrats that believe in a regionalism have been disappointed. And the one case, obamacare, even the chief justice. Can you assure conservatives tonight that this justice is like scalia, like thomas and you wouldnt expect any surprises . What i see and judge gorsuch is a very important quality that gets you there. That is courage. Courage and independence, the willingness to stick to your guns, to make decisions that have to be made that sometimes you may not agree with. That is what he has. If you look at his opinions, he has never hesitated to dissent on a separate opinion when the meaning of the constitution or the text of the constitution needed to be elaborated and that the majority of the court did not do that. I think we are seeing in him very much an extension of Justice Scalias legacy. Sean i actually tweeted out a picture tonight, its interesting, Antonin Scalia and now the nominee judge gorsuch together. He seems to almost be i dont know if this is the right word, he seemed very enamored and inspired by Justice Scalia and may be justice is that a fair Day Statement . Judge gorsuch viewed Justice Scalia as a mentor. Many who studied in law school around that time, they used him as a line in the law, a true mentor because of the pathbreaking work he did in bringing originalism and textualism back into the Supreme Court, in a pretty significant way. Sean i think one of the brightest weve had in our time and one of the funniest is Justice Antonin Scalia. His dispensaries, even more scathing. I want to ask you more about judge gorsuch. Walk us through the process. Then candidate trump went to the people that studied the justices that are on the lower courts. Like in his case, on the tenth circuit court of appeals. What was it about this judge and this process that inspired you about what the president then candidate trump was doing . The two most important things you can have our a demonstrable record, showing a commitment to the constitution as it is written. Lots of opinions that show you know what you are doing and you know what to do originalism and textualism and judge gorsuch knows how to do that. You want to see signs of courage, strongwilled, who is going to stick to his guns and again, judge gorsuchs work demonstrate that. He emerged as a very serious contender to succeed Justice Scalia who is really in many ways irreplaceable. Sean the liberal Talking Points were written long before tonights decision, whoever the president chose was going to be described as out of the mainstream. Somebody that is an extremist. What is your response to those people making those claims . Based on the record and those cases weve seen, the ratings. It is not surprising. Liberals have always had to rely on the Supreme Court for the Policy Results they want. Because the political process, the extreme positions they desire to have. They look to the courts for that, when they see nominee who is fair and partial, hes going to interpret the law as written, thats not necessarily going to end up with the policy they want, and they oppose it. That is what is happening. Sean we will get more deeply into this, one more question on the process. Back in may, who did trump approach . To who did you speak to . We first met late in the spring. He first had this idea that he was going to pick from, and i thought it was frankly brillian brilliant. Different, entrepreneurial, brilliant. He wanted to do it because sean very trumpish. Yes. Sean my friend Newt Gingrich has been giving trump speeches on trumpish tru. What are your thoughts if any on the Nuclear Option, mitch mcconnell, and the senate, a precedent has been set for harry reids, what are your thoughts . Im not sure we are headed in that direction, we just learned that there are seven democrats who already said they will not filibuster and support a vote. This is becoming a very different process than we thought. I think part of it, the president s resolve in the nominee that he made, part of is extraordinary nominee that we have. In judge gorsuch who i think is just very hard to lay a glove on. Sean mr. Leo, i hope that is in fact the case. I think it may have a lot to do with politics. I would bet those are states the democrats are serving in that donald trump probably one back. Just political thought on my part. After what democrats did to good people like robert bork, good people like clarence thomas, the process they put them through. The slayer max marion, it was so unbecoming. Thank you so much. Sean coming up, jay sekulow. Justice judge jeanine pirro. What is your reaction, jay sekulow, we talked about this last night . A great selection, i had the privilege of having a case fight like we are a little bit behind. Theyre going to motivate even if it does not work. Theyre going to see how their apparatus works. Sean its interesting you say that. We have a statement from the dnc. The nomination of judge gorsuch raises serious concerns about whether he believes in the constitution and that it protects all of us, not just the wealthy. The same old Talking Points we always get. Judge jeanine pirro, what is your reaction . Doesnt matter who he wouldve dominated, they wrote yesterday. I think whats so impressive, not only the fact that donald trump has indicated has now done exactly what he said he would do, and that is to nominate someone in the likeness of an Antonin Scalia. When im so impressed with in terms of judge gorsuch is not only the fact that he is incredible true credentials and temperament, i like one of the things he said in that clip that you did. A judge who likes every outcome or decision he reaches is probably a bad judge. That speaks to the fact that he is very much a contextual us, and a constitutionalist. His decisions are decided not so much by policy or by what he thinks but by the law, by precedent, by the constitution. You cant always agree with everything you do because it is based upon the law. This is a man who clearly understands the solemnity of the position he is being offered and is nominated for and he writes in the style of Justice Scalia. He is clearly someone who nominated and received his appointment unanimously before. Unanimous credentials by the ab aba. Sean His Judicial Philosophy, and a Loverboy Article he wrote judges should be in the business of declaring what the law is using traditional tools of interpretation rather than denouncing the law as they might wish it to be in their own political views. What hes saying is hes respecting their legislative branch. Hes respecting separation of powers. He is making a clear distinction and is not the role of a judge to legislate from the bench, which is what liberals seem to want. What they cannot get done at the ballot box or legislatively, they will want the courts to rule on. He made that point in a speech today. Let me say one other thing, you have to give the president a lot of credit here. Not just for the selection but how it was rolled out this evening. It was with decorum, integrity, it honored Antonin Scalia and the entire solemnity of the event speaks with what the president and his cabinet and team views Supreme Court nominations and the importance of that. He acknowledged this is a legacy that goes beyond him and i think the president to the country a service today by raising the ba bar. Upon which the Supreme Court announcement. Sean its even bigger than that. 11 days, if you look off where he stood on trade, obamacare, refugees, the wall, the process they are making on the economy, eliminating 75 regulations, it is kind of refreshing, jay, to have a president who is not all words and no action but all action and frankly fewer words than obama gave us. I think it served the president and the country well today. If they are going to try this opposition with judge gorsuch, im telling you, he is being confirmed. No question, he is prepared what his mother went through when she was the head of the epa. He knows what he is in for. He is ready for the fight, Everybody Knows what the fight is going to be. He is prepared for it and he has got the credentials and the background to fight it. Sean we bring in Laura Ingraham for a second. Laura, as an attorney yourself did you stay for a second, sean . For a second . Sean laura, you can stay for the whole show. You can cohost. We are friends. Im listening to judge jeanine. Sean she doesnt look like shes in the studio. The party is here. We are celebrating the gorsuch pick. I do not know what you are doing. We have the margarita is going. Sean thank you for inviting us, we really appreciate it. Let me show you some of the cases that went before him, hobby lobby, sisters of the poor. Some of these decisions, controversial, but what you glean from His Judicial Philosophy based on those decisions . Touched on this earlier, he is a textual list. He doesnt believe that judges should read it meaning into statutes or the constitution that didnt exist at the time it was written. He doesnt believe in reading legislative history, taking into account other contemporaneous documents or notes written by legislators. He believes that the intent of what Congress Passed and statutes and what our framers wrote in our constitution is what should govern. That is textualist, that is what Justice Scalia believed in and that is what judge gorsuch has led his life on. The judiciary, especially in the last halfcentury has been much more activist. In other words, acting like a super legislator of unelected judges who have life tenure and who are not accountable to the voters. Judge gorsuch is a refreshing change from the long history ofJudicial Activism coming from the left, appointed by mostly democrats but not all democrats, republicans have had a lot of swings and misses in these judicial appointments. Conservatives across the country certainly hope that judges gorsuch is not going to be the disappointment that David Hackett would be or in some cases, the man for whom neil gorsuch clerk, anthony kennedy. Sean what you take out of hobby lobby . Little sisters of the poor and its decisions there . What i take out is that he holds religious liberty extremely important. The criticism that we are now hearing, the left has conjured up is that he is antiwoman and procorporation. They take from a hobby lobby and Little Sisters of the poor the fact that because gorsuch saide do not want to be forced to give something against our religion to women who work in the Little Sisters of the poor, it is up against our religion. They say its nonsense. It is a religious liberty case. In favor of the Little Sisters of the poor and in favor of hobby lobby. We dont want to provide abortion. If you do not have religious conscience rights, if there is no religious liberty that accrues to a group of people whether in a closely held Business Organization or with a group that is purely religious as a group of nuns that take care of the elderly, what does religious liberty mean . Whatd our framers framers actually intended when they wrote the constitution . That case and his disposition of that case revealed a lot about His Judicial Philosophy. That should be very reassuring to people who believe in the original meaning and a more textual interpretation of the constitution which again empowers the Original Meaning Of The Constitution and statutory interpretation, he does not substitute his own judgment for the judgment of duly elected representatives. That is the key of the corporation of sean grade analysis. If it really is a religious liberty case as laura points ou out, if the government think of it the other way. If the government is allowed to mandate that Little Sisters of the poor or a corporation must do things that contradict their deeply held religious values and convictions, that is particularly chilling and frightening and it should be for anybody, whether a liberal, libertarian, conservative. It should not matter. Absolutely right. I have had the privilege of litigating for three decades on religious liberty. Let me say this. Judge gorsuch in his Concurring Opinion in the hobby lobby case, he pointed out at length that the green family had Constitutional Rights that could impact their business. In other words, you did not have to separate your faith from your business, especially when it was a closely Held Corporation that hobby lobby is. This fundamental recognition of the right to religious liberty on an individual basis, but in your daily life and business, it should be comforting to everyone. Those on the left that dont like the Hobby Lobby Decision but the fact of the matter if you look at the text of the constitution, if you understand what is called the religion clause, the Majority Opinion there was correct. Judge gorsuch especially was correct in his Concurring Opinion. He went out of his way to point out exactly what his view of religious liberty was on my case, he didnt simply join the Majority Opinion. He put it in writing what exactly is thought. The fact that the president selected him as his nominee and a case that is so important in terms of contemporary issues tell us where donald trump is on this particular issue and how important it is to him. Sean he also weighed in on the Second Amendment, he respects it, writing that there is a long tradition of Lung Spread Gun Ownership by private individuals in this country and the Supreme Court has held the Second Amendment to own firearms not beyond friendship. He used the actual text of the constitution. He was referring to that one case, that was a layup in my view of a decision. The the thing is the right to die, euthanasia book, it informs us of his views on life, liberty, the pursuit of happyness. You cannot deprive another person of life even if it is at the end of their life or preborn children. That goes to the heart of what the constitution is all about. The issue of exercising religion, it doesnt give you the freedom to worship, but not all it says. The freedom to exercise. Free exercise of religious belief and understanding. That means you can believe what you want without the government forcing you to do something contrary to your closely held fundamental religious beliefs. Thats what we have to understand about judge gorsuch. One of the issues that is going to come up is the issue of abortion. There is very little or nothing on abortion. Sean that is what all every liberal commentator is talking about. There is no writing on the abortion issue. They are going to try to interpret for other cases what he may feel. Sean do all of you believe that roe v. Wade is bad law, to all of you believe that as i do . They made it up. This was a decision that should have been left to the states. They took it over by having a Supreme Court to dictate this. At the end of the day, and 810 weeks, we are going to be calling him justice gorsuch. No question. Sean laura, last word. Do you think you will get through . I believe they will have to use the Nuclear Option and he will get confirmed and they are going to have another nomination probably in the next 34 months. Sean really . Really . What you know . Sean you are margaritas alone, but once you tell us . I think in june, there will probably be a retirement. Thank you all for being with us. Weve got to keep going. A lot of news here tonight. Coming up next on this busy newsnight. Ive selected an individual whose qualities define what we are looking for. Sean earlier tonight,

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