Biden, Supreme Court, Jimmy Carole discussed on Bloomberg Law

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This is Bloomberg law I divided Supreme Court rejects a religious challenge a little about the facts of the case Peter views with prominent attorneys in Bloomberg legal experts I guess his former federal prosecutor Jimmy Carole joining me is Bloomberg law reporter Jordan Rubin And analysis of important legal issues cases and headlines The Supreme Court takes on state secrets multiple lawsuits were filed against the emergency rule Is this lawsuit for real Bloomberg law with June Grasso From Bloomberg radio Welcome to the Bloomberg wall show I'm Jim Rosso ahead in this hour The Supreme Court will decide whether thousands of immigrants can remain in detention indefinitely And 2022 in judicial nominations President Joe Biden beat out every president since Ronald Reagan in getting judges confirmed in his first year and Biden helped to diversify the bench with his nominees 20 were black 14 were Hispanic or Latino 13 were Asian American and Pacific Islander and three were Native American But the road to confirmations may be more difficult this year Joining me is professor Carl Tobias of the university of Richmond law school So first of all tell us what Joe Biden accomplished with his judicial confirmations in 2021 Well he hide Ronald Reagan's record for the first year of a presidency because Biden confirmed 40 appellate and district judges 11 for the appeals courts 29 for the district court And you have to go back to the time of Reagan to see anyone who came close to that And easily surpassed the number whom Trump nominated and confirmed in 2017 So it was very successful And the nominees who were confirmed and the nominees themselves were very diverse in terms of ethnicity gender sexual orientation experience and ideology and all of that is critically important for the federal judiciary So some groups are complaining that there should be more Hispanics on the bench and nominees who are disabled or who have a background in disability law Are you getting the best candidate possible when you're looking to change the diversity on the bench Well the credit on which kind of diversity you're talking about but the types of diversity which Biden has promoted I think are important to have a judiciary that reflects the country gives more confidence to citizens in the federal courts when it reflects America limits prejudice against people who might experience dissemination federal courts And so all of that is valuable and also means you'll have a better decision And so everyone has a different mission of what qualified person is for the federal bench But certainly all of Biden's nominees and companies have been highly qualified and I think something like 8 90% of the highest American bar association ratings There's a vacancy on the Philadelphia circuit court That'll give Biden a chance to flip that circuit Yes Brooke Smith who was the chief judge of the court recently assuming senior status And he was appointed by Republican president And so that means when his seat is still that court will flip back if you will to a majority appointed by democratic presidents How many other circuits has Biden managed to flip back in a year The other I think was the second because a Vermont judge Peter hall resigned and then die a week later But he had been appointed by Republican president And so that meant killing his seat with judge Robinson meant that that court flipped back Trump had managed to appoint enough people that there was a majority appointed by Republican president but it flipped back to Democrats with replacement overall So how important is that flipping of the circuits when the panels are composed of three judges and so it depends on the luck of the draw for that It does and you also have to remember on bonk review by majority of judges and active service and so the second subject rarely takes up on bonds but other courts are quite active on that front But you're correct I mean they're supposed to be random draws for three judgments And it's somewhat of a recruit measure to talk about who the appointing president was But generally I think when it's a Republican the nominees and appointees are more conservative and when is a Democrat the point is in nominees are more moderate than sometimes with them So tell us a little about the 6th circuit nominee who's facing opposition from the Republican senators Andre Mathis is a nominee for the 6 circuit He's highly qualified He's a longtime commercial litigator but has done a fair amount of criminal litigation as well And was nominated recently by the president the home state senators from Tennessee senator Blackburn He sits on judiciary committee and senator hagerty said they weren't consulted enough by The White House in terms of whether they agreed to that nomination And the president did go forward and nominate Mathis but The White House and the council's office you have responsibility for that said that there was considerable consultation with the home state senators So maybe that's Blackburn We'll bring that up in the hearing Coming up next will the confirmation process be more uphill in year two This is Bloomberg The market.

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