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Today, Explained
"chief judge merrick brian garland" Discussed on Today, Explained
"Are so mad about the Supreme Court. The attorney general of the United States. The attorney general of the United States and former Supreme Court nominee Merrick Garland. Today I am nominating chief judge, Merrick Brian Garland to join the Supreme Court. So in 2016, justice Scalia dies. And after many, many years of the Supreme Court having a 5 to four conservative majority, Scalia's death meant that then president Obama could replace him. There would be a 5 to four liberal majority, and that would have been a sea change. I mean, we really haven't had a liberal court since the beginning of the Nixon administration. And Republicans viewed that as an unacceptable crisis. Mister president, the next justice could fundamentally alter the direction of the Supreme Court. And so almost immediately, Mitch McConnell, the Senate Republican leader announced that there would be no hearing for anyone that Obama nominated the seat must be filled by whoever is the next president. Of course, the American people should have a say. In the court's direction. And of course, the next president was Donald Trump, Donald Trump appoints Neil Gorsuch, judge Neil Gorsuch of the United States, Supreme Court to be of the United States Supreme Court. And I think a lot of Democrats left feeling like a seat was stolen from that. When McConnell deprived president Obama of a vote on Garland, it was a nuclear option. The rest is fallout. And then four years later, shortly before the 2020 election just a few weeks before the 2020 election, justice Ruth Bader Ginsburg dies. And all of a sudden, judge Amy, Coney, Barrett. Republicans race to confirm Amy Coney Barrett, Trump's nominee to Phil Ginsburg seat, they actually confirm Barrett, 8 days before election day. So in 2016, Republicans were saying under no circumstances, can you confirm a justice during a presidential election year? And in 2020, they're saying 8 days before an election, we're going to confirm a justice. My colleagues, there is no escaping this glaring hypocrisy. As I said before, no tit for tat, convoluted, distorted version of history will wipe away the stain that will exist forever. Which feels unfair but also just feels like politics, right? Like the Republicans are playing a political game better than Democrats are. Is it like the greater American public who feels like there's a credibility problem here or is it just like Democrats and I don't know, senior correspondents at vox. I mean, it's a fair question. There are several recent polls showing that the Supreme Court has its lowest approval ratings, according to some of the polls ever measured by that particular poll. Now, I think that that's driven more by the abortion decision that we were talking about before the break than it is driven by Merrick Garland or Amy Coney Barrett. It is notable that several of the justice actually four of the justices have recently given speech is that our very, very defensive, you know, justice breyer is the one liberal, who has done this. He wrote a whole book, which I wrote a fairly scathing review of it's not a very good book. Is it like a hundred pages? Yeah, it's this tiny book. A whole book feels generous. Yeah, yeah, yeah, no Twitter. It is a small book like object that he wrote. And this clip, I'm going to show you how to dunk on someone. Which argues essentially that we shouldn't be criticizing the Supreme Court as political that it's unfair to say that justices are handing down partisan decisions. And that's been echoed by justice clarence Thomas in a speech that he recently gave. I think the media makes it sound as though you are just always going right to your personal press. So preference. So if they think your anti abortion or something personally, they think that that's the way you always will come out. They think you're for that. They think you become like a politician. And I think that's a problem. I think you're going to jeopardize any faith in the legal institutions. By justice Samuel Alito, and his speech that he recently gave by justice Amy Coney Barrett in a speech that she gave at the McConnell center while speaking after she was introduced by Mitch McConnell and there are actually pictures of Mitch McConnell sitting next to her, gazing admiringly upon her as she argues that the Supreme Court is not a bunch of, quote, partisan hacks. So like they do seem to be very defensive right now. They do seem to feel like whether it's the drop in the court's polls, whether it's the attacks on the court's credibility, are serious enough that they as justices need to get out into the public circuit and try to robot it. I mean, what happens if the Supreme Court of the United States is in viewed as legitimate across the country? I mean, it's a tough question. We know what happens when parts of the country don't view the Supreme Court as legitimate. I mean, that's what happened in the south in response to the Brown V board of education decision. The Supreme Court said black children would go to school with white. The south said, never. You had massive resistance where states refused to comply with the decision. In some cases, the United States had to send troops to those states in order to enforce those decisions. The federal officers are armed with a proclamation from president Kennedy, urging the governor to end his efforts to prevent two Negro students from registering at the university. The governor is adamant. And so you can imagine a situation where the Supreme Court strikes down some blue state governor's signature legislation on some extraordinarily dubious legal theory. And that blue state governor also decides to put up similar resistance. You know, says to President Biden, we're not going to comply with this decision unless you send troops. The other thing to understand about the Supreme Court, I think this is why Mitch McConnell understood that it was so important for his party to control it. Is that the Supreme Court is basically become the locus of policy making in the United States right now. Congress is barely able to act. The Supreme Court can do anything at once with 5 votes. And so we're seeing this massive shift in power away from the branches that are supposed to be making decisions because they can't function very well right now. And towards the Supreme Court, which is able to make decisions quite quickly, but is made up of people who have never run for an election in their life. What's the most charitable defense that prior and bear it and Alito and Thomas are right that the court isn't partisan right now? So the argument that they make is that they are not making these decisions because they are Republican partisans who want Republicans to win. They are making them because they have a judicial philosophy. Barrett made this argument explicitly. Like I have an original judicial philosophy that leads me to certain outcomes. It happens to be the case that the Republican Party may like those outcomes, but it's not because she is a partisan. Are there examples of her judicial philosophy leading to outcomes that conservatives don't like? I mean, the one big recent example of a justice, you know, applying what they claim to be their judicial philosophy in a way that cut against their politics is justice Neil Gorsuch wrote the opinion in bostock, which was an important gay rights decision. 6 to three opinion, which in ringing terms holds that the Civil Rights Act of 1964 that the language, the text of that law encompasses lesbian, gay, bisexual and transgender people in this country,.
BBC World Service
What will the Amy Coney Barrett's confirmation mean for the 2020 election?
"We can talk about murder boards. Because Amy Cockney Barrett has just being doing them. I've never heard of murder balls before One of our guests was saying it's the American phrase for a Nintendo practice interrogations where you get people to take you through what you're about to go through. If you're about to go through, for example, the confirmation hearings for the Supreme Court because she is President Trump's pick to fill the vacancy of Ruth Bader Ginsberg. Her appointment would cement Conservative majority on the Supreme Court with enormous political implications. Eyes like nothing seen in U. S history, so close to a presidential election, his Barbara Plata Amy Cockney. Barrett is a dream nominee for those on the right, but it is my honor to nominate One of our nation's most brilliant And gifted legal minds to the Supreme Court Appeals court judge is a formidable intellect, a devout Catholic, a supermom with seven Children. While I am a judge, I'm better known back home as a room, parent, carpool driver and staunchly conservative, although at this White House ceremony, she distanced herself from partisan divides. If confirmed, I would not assume that role for the sake of those in my own circle. And certainly not for my own sake. I would assume this role to serve you. It's just weeks from the election, but nothing is getting in the way of the rush to confirm the new Supreme Court Justice, the third nominated by President Trump, the stakes are just too high. Processes nomination consistent with rules. And I look forward to coming days will be a lot of fun. It will be fun for them. See Graham, the chairman of the Senate Judiciary Committee and other Republicans because it's an unprecedented chance to secure a conservative majority on the court for a generation. And also to recharge the election campaign by energizing the base help Amy Barrett and President Trump Fight back stand up for conservative values Republicans But also Democrats have adjusted their campaign adverts to address the unexpected vacancy on the Supreme Court is rushing through a Supreme Court nominee to do just that step away care from millions of Americans and pre existing condition protections for Democrats. This is a nightmare, a job for life. A court that sets the nation's social and cultural direction on issues like gay rights, gun control, abortion and Obama care. Judge Barrett is very fair, but fans of Judge Conti Barrett are convinced she's the best candidate for the job. She's a popular law professor and Laura Walk was one of her students. Judge Barrett is not swayed by any type of personal preferences or things like that again. Witness that in the classroom no one ever knew what Judge Barrett thought about an issue. She never let her students he never Pressured them to think a certain way. Everything was hyper focused on the law. Democrats don't have the votes to stop this, and they're furious about the politics. Today I am nominating Chief Judge Merrick Brian Garland to join the Supreme Court. In 2016, Republicans blocked President Obama from filling a Supreme Court seat because it was an election year. But now that they're in power, they've changed their tune. And the conservative media is almost giddy with excitement. This is going to have a massive impact on the American judiciary, thus gonna have a massive impact. On American culture and society. If Donald Trump secures the Supreme Court seat, even if he doesn't win the election, his presidency will be deemed a success by the ideological right and by evangelical Christians. That's why they voted for him, and it will be remembered as a turning point for the nation on some of the issues that matter the most to Americans.