Brett Cavanaugh, Supreme Court and Bloomberg discussed on


Confirmation of Trump supreme court nominee Brett Cavanaugh could create the most conservative supreme court in generations with the court shifting to the right on abortion gay rights. Affirmative action federal regulatory, power and gun restrictions. But during his confirmation hearings Cavanaugh dodge question after question from democratic senators, even coining a term for his refusal to answer calling it nominee precedent. Here's an exchange between Democratic Senator Patrick layhee and Cavanaugh on presidential powers. Trump claims is an absolute right to pardon south. The question of self pardons is something I've never analyzed. It's a question. I have not written about it's a question. Therefore, that's a hypothetical question that I can't begin in. This context is a sitting judge and is a nominee. My guest is Neil Kinnock off a professor at Georgia State University college of law meal, what struck you about Kavanagh's answers. Well, he's being very careful. So the process proceeds with senators coming at him with sharp implements and him trying to apply anesthesia, and I'm afraid the result for for those of us watching feels like we've been lobotomize supreme court nominee seem to be getting more and more adept at not answering the top questions. So what's the point of four days of hearings kind of kabuki? Right. So the hope is among senators is the they will catch him and trip him up, and he'll say. Something substantive and his job is to try to run out the clock and not say anything that gives anybody reason to object to him. So he'll say precedents can't be overruled or much more importantly precedents. Cannot be revised revisited and rendered meaningless. Even though they're not formally overruled, and that's much more. The supreme court's usual way of doing business. I think precedent may have been the word most used by Cavanaugh and supreme court nominees use that all the time yet we saw judge Neil Gorsuch in its first year on the court provide the fifth vote to overturn a forty year old precedent and throw out mandatory union fees in public sector unions. So can we take a nominees saying he's going to follow precedent with more than a grain of salt? Of course, not when they say, they will follow precedent. They don't really mean they will follow it. They mean, they will respect it as precedent and Brown versus board of education. Overruled plus versus Ferguson a precedent and properly. So so not every president has to be adhered to. I can think of several that I would like to see overruled, but never should have been decided in the first place. They are still precedence. They entitled to some degree of respect. And that's all the more that cavenaugh means to indicate which is indicated

Coming up next