John Roberts, Mike Ludwig, Edith Jones discussed on Verdict with Ted Cruz


Justice even the most liberal justices agreed with that result but this potential divide among the more conservative justices could be powerful foreshadowing for what may play out next year. When there's several big cases coming down including a major abortion case including a major second amendment case if there is really a divide. If we see cavenaugh siding with roberts more and even potentially barrett siding with roberts more than suddenly on an abortion case. It's not clear where there are five votes on the court and so it puts real uncertainty to wear. The court's majority is going to go next year and in the years to come. I just have to know before we get to the obamacare case. I just have to get this off my chest. Senator are we ever going to have a reliably conservative court because i know republicans have put their blood sweat and tears into electing people to the presidency into getting through the judges on the nomination and yet to invoke the title of your book. We always seem to be one. Vote away on really crucial cases. Well and and you're right and there's a reason for that. I mentioned the last chapter my book where i go through the history of supreme court. Nominations and there is a pattern. If you look at the justices who have been principled. Constitutionalists people like scalia. People like thomas people like my former boss. William rehnquist people like alito. They all had a pattern. They have all had significant records in government typically the executive branch they of all defended the constitution defended conservative positions. And they've been excoriated. They faced withering criticism and abuse and they have it wavered. And that's the pattern that has produced justices who have the the spinal fortitude to withstand the pressure on the court on the other hand. When you have justices that that don't have a paper record that that have been Very careful very guarded avoided saying anything almost without fail. They turn out to be disastrous so focused on a couple of key decisions george herbert walker bush when he was president he in one room david suitor hitter in another room. A judge named edith jones. Edith jones was the strongest conservative her generation. She was on the fifth circuit. She was rock ribbed suitor with someone who had never expressed an opinion on any contested constitutionally. His whole life he had no paper trail. Bush forty one picks suitor instead of jones. That was a catastrophic mistake fast. Forward bush forty three bush forty three had in one room. John roberts and in another room my old boss on the court of appeals. Mike ludwig mike ludik was at that time. The same thing. Edith jones had been unquestionably the strongest conservative appellate judge in the country rock ribbed. He'd been scalia's very first law clerk has been an incredible friend and mentor to be bush. Forty three like his father went with the easier choice. Roberts had been very careful about what he said. He didn't have that many controversial positions. It was an easier confirmation that proved a major decision. Had they not made those decisions obamacare would have been struck down. Had they not made those decisions we would have seen some major major victories. And had i been in the white house. I would have picked edith jones and not david suitor pick. Mike ludik and not john roberts and then when it came to president trump's nominations look..

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