35 Burst results for "Justice Ginsburg"
"justice ginsburg" Discussed on WMAL 630AM
"So you know, despite all their differences, and all the many things they disagreed about, including a number of opinions in this collection, they had a wonderful friendship when they were able to kind of focus on the things they had in common. Your dad and Justice Ginsburg. I don't know the statistics on how often they concurred or dissented on cases. But I imagine that they disagreed. Maybe as much as any two Recent justices have my right. Yeah, I think that's that sounds right. I don't know the statistics, either. I think people would be surprised by how often they agreed with each other. But on the real hot button cultural cases, they often disagree. Um, you know, one of her most important or most famous opinions was Virginia Military Institute case from the mid nineties. And my my father wrote a dissent. Uh, to that case, which is in this collection, the essential Scalia and it was hey actually gave her the draft of that dissent a little bit earlier than one usually does just so that she would have more time to kind of Deal with it, and gravel grapple with his arguments. And, yeah, some of his most, uh, stinging dissents were in response to opinions. She didn't necessarily right but but joined, And I think that's probably true. Vice versa tell the story about the big bouquet of roses she got from him. Yeah, well, my dad would get her roses for her birthday. And I guess the, uh, I think the last time he did that, so the year before he died, one of the editors of the essential Scalia Judge Jeffrey Sutton was visiting my father in chambers on Justice Ginsburg's birthday. And he saw that my dad had two dozen roses for justice Ginsburg and judge sudden started teasing Dad saying, You know, I haven't even gotten my wife two dozen roses over the course of our entire marriage. Why would you do this? And besides, when was the last time she cited with you on a really important 54 decision? You know, he's poking fun, You know, not not really being serious, but my dad Davis seriously answer, which was some things are more important than votes, and I think I just kind of a great encapsulation of their of their relationship of their friendship. They had. They had very different opinions of politics and of their jobs as the judges and of what laws meant what the Constitution meant, but, uh, how they voted wasn't the biggest factor in their relationship. It wasn't that those opinions didn't matter. And it wasn't that they compromised their beliefs for each other. But they didn't let those very strongly held beliefs undermine their very deep friendship through a collection of supreme Justice incident. Scully is writing sort of like a greatest hits album. It's opinions and other writing about the law and the Constitution again called the Essential Scalia. Yeah, you must be awfully proud and happy to have this stuff all collected in one place for posterity. This is really just a collection of his greatest legal writings, Opinions, speeches, essays and they, you know, collected together, give a really good Uh, sense of why exactly. He was such a significant Supreme Court justice on it's It's there, you know, having in one collection really makes it tangible for anybody toe understand that we'll just is illegal reference work..
Amy Coney Barret Confirmed To Supreme Court
"The newest Supreme Court Justice Amy Cockney, Barrett, sworn in at the court Tuesday, a B C's and as delicate Tara with the story hours after being confirmed by the Senate Justice Barritt taking the judicial oath at the Supreme Court, officially kicking off her tenure on the nation's highest court. Garrett, assuming the late Justice Ginsburg's chambers with Ginsberg's clerks being reassigned to other justices Ginsburg passed in September at the age
Amy Coney Barrett sworn in as newest Supreme Court justice
"This morning at the Supreme Court Justice Amy Cockney Barrett was officially sworn in here's A Bee sees a nestling patera hours after being confirmed by the Senate with a 52 to 48 vote Justice Barritt taking the judicial oath at the Supreme Court, officially kicking off her tenure on the nation's highest court. Baird, assuming the late Justice Ginsburg's chambers, with Ginsberg's clerks being reassigned to other justices. Ginsberg passed in September at the age of 87 as delicate. Terra ABC NEWS Washington
"justice ginsburg" Discussed on KQED Radio
"As I said, I think in response to this question yesterday, I do share justice Claire's approach to text originalism and textual ism. But in the litany of cases that you've just identified the particular votes that he cast are different question of whether I would agree with the way that he applied those principles. In particular cases, and I've already said you know, and I hope that you aren't suggesting that I don't have my own mind or that I couldn't think independently or that I would just decide like, Let me see what Justice Scalia has said about this in the past, because I assure you I have my own mind. But everything that he said eyes not necessarily what I would agree with what I would do if I were just a spirit that was Justice Scalia so I share his philosophy. But I have never said that I would always reach the same outcome is heated. Understood. But I think a case like this is a striking example of what it might mean to replace Justice Ginsburg and her methodology in her approach with someone much closer to Justice Scalia And frankly, to me, this comes back in part to the president who nominated you. President Trump did not nominate you to carry on justice Ginsburg's legacy. He nominated you because he wants to undermine or change your shift that legacy and he's been very clear repeatedly before you were chosen about his intent to nominate justices in the mold of Justice Scalia You recognized yesterday in an exchange with Senator Leahy that replacing Justice Scalia with Justice Garland had Judge Garland become justice. Garland would have changed the balance of the court. It's something you wrote about in 2013 in the Texas Law Review. You recognize these balance shifts are why Supreme Court nominations are so much at issue in presidential elections. Do it just acknowledge that your confirmation even though you won't be identical to justice, Scalia will profoundly impact the balance of the court and the way in which it decides future cases. I think the statement that I was having an interchange with Senator Leahy about yesterday was about an interview that I gave shortly after Justice Scalia's death, but after Judge Garland's nomination And I did say that use that phrase lateral move and what I meant by that. I mean, I very much agree with Senator Sasse that we shouldn't talk about Republican judges and Democratic judges because I think they're just judges. But of course, it's true that judges have differences in judicial philosophy. So I actually think Judge Justice Breyer and Justice Claire a great example of this because they sometimes have public debates. With Justice Scalia advocating originalism and justice friar advocating active liberty and there's room on the court for that for having different approaches its not about having you know your colleagues on the other side of the aisle. You know, all of you in the room have different policy platforms, but judges don't have policy platforms. But it is certainly the case that judges take different approaches. Tio interpreting the test. And that is what I meant. When I was describing how the balance of the court would shift, it would be Away from one balance and toward another in terms of how judges think about the text and judge. What I want to explore with you in the time I have remaining is exactly how those shifts in methodology in approach. May well have a dramatic impact on the policy outcomes on what is and isn't upheld as law going forward on the board behind me. I've asked my team if we would just go back and look at cases. All of these cases listed. It's roughly 120 have something in common. Justice. Ginsburg was in the majority justice Scalia was in the minority dissenting. And these are cases that touch on nearly every aspect of modern American life. I've talked a lot yesterday about healthcare in the affordable care act. Yes, that's on there. A number of my colleagues have talked about some other areas. But what's striking is if you if you just look at what a 54 balance towards this methodology means have changed towards a five for balance. To this methodology. It has huge consequences. For education for consumer rights for access to the courts for civil rights for immigration for environmental protection for Native American rights for workers rights for elections for executive power. For reproductive rights for free speech, civil justice, economic development, privacy, government misconduct, prisoner rights, capital punishment, gun safety. In criminal justice. In each and every one of these cases if Justice Ginsberg had been replaced by a justice with the same core method, illogical approach and view of the law and decision making You can't predict exactly how the case would have turned out. But in virtually every case, it would have moved in a different direction and in a direction much closer to Scalia's philosophy and farther away from Justice Ginsburg And that's why I think your views on precedent matter and we should take a few minutes and go through them. It's something you've written about at length and where you're quite well grounded. The presidents of the court, which is what 120 cases are are precedents upon which lead against the average Americans should be able to rely, and that's that whole issue about whether justice is air simply umpires calling balls and strikes or whether there is some agenda. My concern is that a leading scholar in the field of constitutional law has recently reviewed your writings and concluded that you demonstrate in extreme willingness and even radical willingness to revisit settled precedents..
"justice ginsburg" Discussed on Newsradio 600 KOGO
"Others. What would have happened without the Medicaid expansion if it's discarded now, as Republican attorneys general every question the case before the Supreme Court Bands of Americans like my would be I do not suggest to judge parent personally desires these consequences. Or do your person desires to devastate the lives of these two waters far from it? But these air number leads to consequences in her state abuse of Ah Today on the Supreme Court. And if Republicans are successful and filling this vacancy prior to November, 10 Other than that, we know these bills almost certainly from jail. Celeste. What's his steak here? That's what weighs heavily armed. We begin this hearing don't always heavily In the minds of Vermonters I represent. I've heard His justice Ginsburg's passing. They're scared, Judge Barry They're scared that your confirmation would went a little very house camp protection. Millions of Americans are to maintain And which promises repeatedly. Injected, limiting their scared with the clock. Will be turned back to a time when women had no right to control their own bodies. And when it was acceptable to discriminate against women in the workplace, they're scared. They're time when we're facing the parents impacts. Climate change. Bedrock environmental protections are going to be in this rain. And they're scared that your confirmation result rolling back of voting rights workers rights. To the right of the LGBT community to equal treatment. I just Gods. These aerial life complications decisions made by the court. And more Georgie of Americans like an overwhelming majority of my fellow Vermonters don't support taking our country Is that correct? Republicansfirst Hunter Intention. Film Justice Mercy Just one hour For that moment, this process has been nothing shameful. First of all, most certainly to disastrous consequences for America. Justice Ginsburg dissented. And I will, too, on behalf of the martyrs, and they have the integrity of the Senate have majority Americans opposed his process. Thanks, sir. Late Senator Cornyn. Thank you. Mr Chairman. Judge Burt, Welcome to you and your family. Senate Judiciary Committee undertakes gnome or important duty than the one we undertake today, considering the nomination for a seat on the United States Supreme Court. As the chairman said, these used to be routine. Even the two justices, who were once considered the ideological bookends on the court received overwhelming support in the Senate. Attitude to justice has had a different judicial philosophy, and we're nine nominated by presidents of opposing parties. The Senate used to recognise that exceptional qualifications were all that was required. For a seat on the court. Drat your impressive career. You You've earned the respect of those who share your views on the law as well as those who do not. Justice Ginsburg set of our unlikely friendship with Justice Scalia you Khun disagree without being disagreeable. But I don't want to imply that you disagree frequently. In fact, during your time on the seventh circuit, you've sided with your colleagues more than 95% of the time. When you've had the rare disagreement, your opinions attacked. The idea's not the person. We could use more of that. Your colleague. Geology has been demonstrated in the numerous letters pouring in from your colleagues, clerks, students, virtually everybody with whom you come in contact. Folks with widely different judicial philosophies agree that you are brilliant. Respectful kind. And when you disagree, you do so without personal rancour or malice while your qualifications Reppert Reputation are on par with those justices have sat in the seat the seat before you. The political climate in which you are being vetted is quite different as we all know. What are colleagues on the other side of the aisle? Put Justice Cavanaugh through. Two years ago was an absolute disgrace. Hopefully a low point for the Senate. They and some of their allies sought to destroy the personal character of a good man with innuendo. Misinformation and outright lies. I hope they resist the temptation. Repeat that during this hearing. I do remain concern, judge about some of the earlier attacks on your faith. In a recent Wall Street Journal column, A Wisconsin Supreme Court justice wrote to put it bluntly. America's secular cultural elites aren't sure that a faithful Christian can be entrusted with the law. A former senior aide to former majority leader Harry Reid recently said the group's want blood Democrats on and off the committee want a real fight? Let me be clear Judge. As you know, there's no religious test to serve on the Supreme Court. Why Because the Constitution says so. And I could only hope that the civility that you've shown through your professional work will be afforded to you through these proceedings. The judge. There's a question that comes up in my discussions with my constituents. That's really more basic and more personal. They want to know how you do it. How do you and your and your and your husband managed to full time professional careers and at the same time, take care of your large family. All bets are many young women like my own two daughters. Who marvel at the balance that you've achieved. Between your personal and professional life. As is customary in important. I also look forward to visiting revisiting the appropriate role of judges in our constitutional republic, something that you can see there appears to be some dispute about here. Unite. Both know that judges should not be policy makers. Could it be? At one of the reasons thes confirmation hearings have become so contentious is because some Americans have given up On the idea of fair and impartial judges who do not pick winners and losers. That they've given up. On an independent judiciary. I hope not..
High court nominee Barrett to tell senators courts 'should not try' to make policy decisions
"Supreme Court should not try to make policy. That's what Supreme Court nominee Amy Cockney. Barrett will tell senators in her opening remarks this week. She instead believes policy decision should be left. Political branches of government and opening remarks from her confirmation hearings obtained by The Associated Press Bear. It also says I have been nominated to fill Justice Ginsburg seat, but no one will ever take her place. She also says she plans to have the same perspective as her mentor, the late Justice Antonin Scalia. Who was in her words devoted to his family, resoluteness beliefs and fearless and criticism.
Dont Mess With Notorious RBG: How to Fight For The Supreme Court
"To this week's on one with Angela. Arrived podcast. NATORI is a CB does not have the same notoriety as notorious RPG and what is really notorious is the Senate Republicans for trying to bulldoze the traditional Supreme Court nominations process. So we have assembled an all star legal panel today that also reflects how Supreme Court should look it probably also think here to break it all the way down like a fraction are Kristen Clark President and Executive Director of the National Lawyers Committee for Civil Rights Under Law Christopher. Kane. Chief counsel of demand Justice Ellie Misao justice correspondent at the nation and Tina Johnson President and CEO of times up. Hello everybody. Angela. Thank you so much for being here. So I want to start with giving honor where honor is due in. That is to start with Ruth Bader GINSBURG who we lost on September. Eighteenth. I feel like she held on just as long as she possibly could end for that I say thank you. To our BG to the to the real story is and I just wanted to give you all the opportunity to share some thoughts on route Baiter ins, birds passing on her impact in jurisprudence in which he wrote some phenomenal opinions including just two words, I dissent and you know anything else on your hearts to share about that because then we're going to get into the battle that is the Supreme Court nominations but I really WanNa give her some some time just do. Well, if you're a lover of justice than you definitely are feeling this, you're feeling the loss of Justice Ginsburg on the court right now having been inside the court was always great to see her in action. She was always an active questioner questioner always asking all of the tough questions and and really pushing. The. The Orleans before her. I also think though about Thurgood Marshall and what he meant for the court and Thurgood Marshall is somebody who dedicated his career to the practice of civil rights law when he was appointed in one, thousand, nine, hundred, sixty, seven, and justice Ginsburg frank lease the only a second civil rights lawyer to sit on the court. So right now we're at a moment where there's that void that vacancy in terms of somebody brings that lens to the issues that come before the court. So for me that really matters because we're not getting that with this nominee has been put forward. I'm. Christian I agree with you completely, I mean this this her career even before she got on the court is astonishing in all of us who are working women who are women who can sign around credit card applications and hold a mortgage in our own name and pursue our careers including. Alexis. Johnson wrote this morning you know including the current nominee to the court. We are -bility to do that to repair Berg I mean she dreamed up the idea that the equal protection clause should cover women equally as we weren't in there we were you know the kinds of. Laws kept women out of the economic life of our country. Were not challenged until she had the foresights quite frankly and the legal ability to think that up and percents that and so even before she got on the court Mike Thurgood, Marshall's she had transformed landscape forever for all of us and my dog is Getting this okay. Tina go ahead see. My my story about Ginsburg is is a personal one. So I was in high school I was on trial and a week with states or nationals whatever and one of the guest judges was at school year. And then after the thing he he gave a talk for for the kids and we got to ask questions I asked him a question and answering made fun of. I I asked him how he squared his opinions about originalist. I didn't know what was called originalism. Downing intangible whatever. But how he's wearing those opinions. Brownie. Be Bored event, which was obviously against the original intent of the founding slavers. Yet like super important right and he laughed at me and then everybody else laughed and you're like I. Don't know what they're teaching school and everybody else. A bunch of jokes and then some like really not really credible answer I would later. So he kind of any make of me dismissing it is sat down kind of embarrassed son how GINSBURG heard this story? I am magid now that since they were friends was probably bragging. Point about how? Of. This seventeen year old or sixteen year old. But anyway she's GonNa Message to remark. That was held back. Kids they keep descending. which you know is again, I didn't even realize how awesome and amazing was. Sixteen seventeen year old kid. But it really to me goes to show that at even kind of social setting in A. In a private setting as it must have been for her earth the story. The her her commitment to raising credible questions and raising the sense not backing down She lived at right and she gave me a nice little note when I was a kid. To keep trying.
Fatima Goss Graves on Justice Ruth Bader Ginsburg's Legacy on the Supreme Court
"Look Grapes welcome to the podcast. Thank you. I'm glad to be with here. First of all, I want to congratulate you on winning this year is John W Gardner leadership? Award that's that's huge. Thank. You it came as. To tell you that came as a huge surprise to me, and it was kind of beautiful boost at a time where we could use it. So thank you I, appreciate that yeah. We don't get a lot of opportunities to celebrate a good thing so I wanted to mention that. Are you just feeling generally we feel like we've been going from you know one kind of bruising experience to the next every day there's something new and you know most recently we lost I'm justice GINSBURG. So I have to tell you that at some point in time and I don't know when that is I will process how I'm really really doing. But at days I am just geared up to fight. We I. Feel really disappointed that we didn't really get the time and space to truly honor Justice Ginsburg legacy to spend the time and space doing that over a period. But we are also facing a pretty existential threat around our democracy right now, and that's where my attention has to focus. Yeah, I. Remember you know that Friday when she passed in kind of thinking the same thing we were there were these two conversations going on right one about her legacy what that meant for. Women and this country generally and democracy, and what we're going to do about the crisis that you alluded to right I mean the truth is, is that we have to do something in relation to this nomination and this process which isn't really legitimate right so we're kind of morning and finding at the same time, which is really hard. It is hard. You know I like to think of it as in some ways we're fighting for her legacy and in her name you know she. Stood for Justice and equality she dreamed up a legal framework when the law had not yet recognized one and brilliantly advocated and led the Supreme Court to recognize the same. And even as recently as last terms, she really did the work of reminding the court what was important and so when when I think about how we have to galvanize over the next few weeks and how women in particular have to show up. Partly. I think will be doing it in her honor and we'll be doing it as a tribute to her legacy right and I think some of the energy that I felt I felt over the past week is a lot of energy from women kind of similarly to after the two thousand sixteen election and again in the two thousand eighteen during the two thousand eighteen midterms and we had the historic. In Congress, you feel the same thing like women are kind of energized to do something this election cycle you feel that again I do. I do and I almost wonder if people aren't syncing it in the way that I'm sensing an I am constantly getting calls in tax from women I know well and women I don't know very well asking what can I do on that to me is a sign that people are you know they have that they're not in their stomach and a feeling like they? Need to come out, come out around this election come out around the Supreme Court and so I I, wonder if everyone is considering bad in understanding and predictions about what's going to happen this fall one of the things I wanted to talk about was what her legacy means to you. Personally what it means to a lot of lot of women especially in the legal field and some of her most pivotal cases I was thinking through those do you have any that stick out to you as being I guess More pivotal or he'll be more impactful for women generally. Yeah. I mean she is obviously just a giant giant in women's rights giant in the legal field generally and. Did. That work at a time when it was unusual for women to even be lawyers at all
Ginsburg honored as Supreme Court opens new term Monday
"Court began its do term Monday by remembering the late Justice Ruth Bader Ginsburg. Justice GINSBURG contributions as advocate jurist and citizen are immeasurable Chief Justice John Roberts Roberts, who continues to lead the court by telephone to the covert 19 Said the justices would hold a full memorial service for Ginsburg once they returned to the courtroom. I'm
"justice ginsburg" Discussed on News-Talk 1400 The Patriot
"Associate justice of the United States Supreme Court. If confirmed. Judge Barrett, currently serving on the United States Court of Appeals for the seventh Circuit in Chicago and formerly a distinguished professor of law at the University of Notre Dame's law school, will replace Justice Worth Bater Ginsberg. Of, of course, passed away a week earlier Judge parent will bring a keen mind and disciplined, original approach to the high court. It would be an achievement judicial conservatives have been working towards for some five decades. I spoke about Judge Barrett with Senator Ben Sasse of Nebraska, a member of the Senate Judiciary Committee. But I know you pushed the president hard to put her on the short list into then selector after The death of Justice Ginsburg. Why are you such a backer of judgment? Well, obviously just buried the rock star and have been pushing the president on the late 2017. And I think after Saturday night Rose Garden, All of America can see why she's a brilliant jurist, and she's a kind, caring and humble person. And obviously character matters in a job like that. You can't get confused and think that you're supposed to be a super legislator dropped from the heavens. She knows what the judges role is. So she is an incredibly special person. I'm glad America got to see her on Saturday night. She was wonderful. She was, of course, wonderful during our hearings as well in which you participated in 2017. I should disclose I gave a different name to the president for a simple reason. I did not want to go through. I'm Catholic. I did not want to go through this anti Catholic bigotry. Yeah, it is. It is a bizarre thing. Our Constitution could not be clearer. I mean, first, the whole structure of the thing is built around universal human dignity is why we limit government in the First Amendment as this big cluster of freedoms each press Assembly protest and religion as the first one because none of the five make any sense or hold together if you don't have all the others. And the Constitution explicitly says no religious test and we've seen Democrat I've been on the Judiciary Committee for 3.5 years. Now we've seen Democrats in each of the last four years attack nominees because of their religion. Most of them have been Catholic, and I let it charge on the Senate floor to rebuke Maybe Hirono and Kamala Harris for When they did this to a district judge nominee from Nebraska two years ago. They asked him if he would renounce his membership in the Knights of Columbus. You are a student of the history of religion and have your Ph D in American history. Why do we fear anti religious bigotry so much? What was on the minds of the framers? When they put Article six in there? Why did the framers put it in? Great question because they like a lot of issues. They hadn't fully work through all the implications all the universal dignity stuff that we have that clearly speaks. People being created in God's image, regardless of race, still didn't get cleaned up in the Constitution because slavery wasn't resolved, and there was a cultural assumption that the only people who could probably really raise their hand and take their oath with integrity. When they took the office were Protestant or dais, Protestant and culturally influence people. And yet they were wrestling through this idea that if you really believe in universal dignity, if you really believe that our fundamental rights are pre governmental, our freedom of conscience of freedom of speech or freedom of assembly of all the stuff that really matters is pre governmental. They were scared to death, the government would run roughshod over these things. And so in a whole bunch of places they work that out, they said. We obviously couldn't exclude someone based on religion. When the point of this document is to say that government isn't God Heaven is never going to be brought about by power. Evan comes about by love and the building of voluntary community into the future. And so they didn't want to exclude anyone who had a creed that might differ because government can't reach into the mall into the mind and into the hole..
Justice Ginsburg buried at Arlington in private ceremony
"Supreme Court Justice Ruth Bader Ginsburg, who died a week and a half ago at age 87 was buried today in a private ceremony at Arlington National Cemetery. She was laid to rest beside her husband, Martin and near some of her former colleagues on the court. Ginsberg is the 14th justice to be buried at Arlington. While the cemetery is known for its rows of white headstones. The section where the Ginsberg's are buried is an older section where markers Chosen by families are allowed and their headstone is black with a star of David at the top. The grave site is just below the final resting place of former President John F. Kennedy. Nine other justices are buried in this section, including three who Ginsberg served with
Examining the Record of Amy Coney Barrett as Nomination Fight Heats Up
"President Trump's nominee to the supreme court appeared at the White House over the weekend. Judge Amy Conybeare at pay tribute to the late Justice Ruth Bader Ginsburg who seat she is hoping to fill. Should I be confirmed Will be mindful of who came The flag of the United States is still flying at half staff and memory of justice. Ruth. Bader Ginsburg to mark the end of a great. American. Life. Justice Ginsburg began her career at a time when women were not welcome in the legal profession. But she not only broke glass ceilings she smashed them. But there are many ways their philosophies are quite different judge Barrett's legal career. We'll be under the microscope in the weeks ahead. So this is a good time to talk with our justice and judiciary editor, Vivica, Novak, Vivica good to have you here. To be with mark, I want to start out with the basics just who is judge amy, coney? Barrett and why are conservatives so enthusiastic about her nomination. She is a known conservative. She was a clerk for Justice Scalia and has often spoken of him very admiringly. She's been a lot professor Notre Dame and she has continued to teach while she has been on the Seventh Circuit Court of Appeals in Chicago in general the anti-abortion groups feel very confident that she would be a vote in their favour whether she'd Overturn Roe v Wade is is unclear, but she is generally not a fan of abortion. Obviously abortion is getting a lot of discussion in this conversation, but this is a court that could. Rule on many different areas including health care even the twenty twenty election would her presence mean on the court? Well, she will be the person who gives the conservatives a six to three majority on the court, and even if Justice Roberts who has occasionally sided with the liberals even if he does that in the future on on certain cases, you know they will still have five votes, five conservative votes. So that's that's one important factor here. She will be probably not a vote in favor of upholding the affordable care act and that's one of the. First arguments. The court will hear it's coming up in November is a challenge to Obamacare and Justice Roberts a couple of years ago in another court challenge to the care he voted with the Liberals and she has actually said in a speech that she believes he voted wrong in that case in fact, he wrote the opinion she believes he was wrong. So that's one important issue coming up, and of course, the election none of us really wants to relive the two thousand election I don't think which was turned to the Supreme Court but it. Could happen it could happen, and if it does, you know there are some trepidation about the six three makeup of the court being certainly not in favor Joe Biden, we have election looming around the corner Republicans are moving forward planning to hold hearings the week of October twelfth in the hopes of confirming her before Election Day. So who will motivate more? How will this affect the election really good question conservatives generally in the past have been known to be more motivated by the prospect of putting more people on the federal courts including the Supreme Court. Democrats this time though are going to be framing things I think in terms of issues they're going to be talking about the affordable care act which most Americans are in favor of most Americans like it. They'll be talking to some degree about abortion probably not as much. They'll be talking about the election though and what could happen there. They will try very hard to peel off a couple of Republican votes. It's GonNa be tough hall, and Right now it looks like Mitch McConnell has. The votes and there isn't very much the Democrats can do about it. There may be a few procedural things that can slow things down, but it is really stretching to think that the Democrats I think could could slow this down, push it after the election, and then perhaps kill the nomination that's really pie in the sky. At this point it seems both parties feel a sense of urgency here as this is a lifetime appointment here and particularly her being so young, she's only forty eight. Could be on the court for a good long time and it's unclear. You know there are some other justices who are not that young but there are a lot who are actually not that old. So you know president trump has made it a point to name. People who have probably a good couple of decades at least on the court. Are Movements now to, for instance, put term limits on justices even if that were to make it through Congress and that's that's going to be hard to do. But even if were to make it through, even if a president were to sign it, it probably wouldn't apply to justices who are already on the court. It probably would be applied going forward. There are also people who talk about expanding the court. Some people call court packing that's kind of a derisive term, but expanding the court to add two more justices or more. That's really a tough lift but these things are being talked about more than we've heard in quite a long time. VIVICA Novak. Thanks again. Thank you.
Seattle - Sen. Patty Murray: 'I cannot support' Trump's Supreme Court nominee
"Democratic Senator Patty Murray, has issued a statement in reaction to the nomination of Judge Amy Cockney Barrett. She says. Make no mistake. A vote to confirm Barrett is a vote to take away people's health care and vital, writes, she says. I oppose the nomination in the strongest terms, Senator Murray says she's going to do all she can to fulfill Justice Ginsburg's last wish. Had the president elected in November. Appoint the new justice. And Washington's other senator, Democrat Maria Cantwell, is also not supporting the Cockney Barrett nomination. She says she has previously voted against Judge barrettes confirmation to the U. S Court of Appeals for the seventh Circuit because she did not believe her judicial philosophy represents a jurist who would uphold privacy and other rights guaranteed in the U. S Constitution. And Democratic House represented Pramila. Jaipal is also reacting to the nomination, she says in a statement. Any individual nominated to a lifetime appointment on the Supreme Court must believe in equal justice under law an opportunity for all That means protecting civil rights, women's rights and reproductive rights. Not only does Amy Cockney Barrett failed to meet that standard, but has spent years consistently and dangerously arguing against it from the federal bench, she says she strongly opposes her nomination.
Ruth Bader Ginsburg lies in state at U.S. Capitol
"At the Supreme Court on Friday, late Justice Ruth Bader Ginsburg became the first woman And first Jewish person ever to lie in state at the U. S. Capitol. Anita, why hasn't a woman ever help this honor before? That's a great question? You know, they've been doing this tradition since 18 52. And it hasn't been as many people as you might think. It's been about 35. So a lot of presidents, you know other other people, but mostly are obviously this is always for someone who serves in the government. Four civilians have also been honored, but it's not called lying in state. So Congress decides who does this, and, you know, obviously many elected officials in this country until more recently were men. Well, Devlin before the capital Justice Ginsburg lay in repose of the Supreme Court. Can you describe this remembrance was like and who came to pay their respects? Well, pretty much the entire city came to respect it. And it was. It was an interesting Mix because it began as sort of a spontaneous, Ah, demonstration of support remembrance that the very night of her death outside the Supreme Court. And then obviously it morphed into the official pageantry of remembrance. And, you know, I think I think the video that is probably going to be most lasting from that is People chanting against the president when he showed up, you know, I think it says something about the state of our politics right now, that even in you know, a memorial setting That the political anger is so great that people are going to essentially boo the president public. On DH That just tells you what the stakes are of that. You know, her death is obviously sad, and obviously a moment in history. But it's also another. You know another front in this political battle that were that were following Fernando what he tells about Justice Ginsburg's funeral plans and and where shall ultimately be laid to rest? Um, she will be laid to rest on Arlington National Cemetery next to her husband, Marty Ginsburg than in section that is reserved for Former members of the Supreme Court. And today, the Friday will be the on Ly Day that she will be lying in state in the U. S Capitol and the need a set of historic moment is the first woman first person was Jewish Delight in state. Let's remember that Rosa Parks laid in honor at the Capitol Rotunda, but that was 2005. And that is the distinction between laying and honor. And Ling and stay on. Only four people have leant in honor of the Capitol Rotunda. That's Reverend Billy Graham. And to our police, Capitol police officers were shot dead in AA. A shooting in the Capitol in 1998 on then Rosa Parks in 2005. But yes, this will be a very ah, you know? Speaker Pelosi has given the honor to Ah birthday there. Ginsberg to be a two capital dalliances state. Apparently there are some interesting absences, Asari. That way. We know maybe Mitch McConnell and and other members of the Republican leadership not showing up to this event. Well, there's a
Justice Ginsburg becomes first woman to lie in state at the Capitol
"Justice Ruth Bader Ginsburg has lain in state in the U. S. Capitol Rotunda. The ceremony included a performance by singer Denise Gravity Graves in a tribute to Ginsberg's lifelong Love for opera. Ginsberg is the first woman and first Jewish American Toe Lion State shall be buried next week at Arlington National Cemetery.
Justice Ginsburg becomes first woman to lie in state at the Capitol
"Cases on gender, religious and racial equality, and she shattered more barriers after her death. Today, Justice Ginsburg became the first woman and first Jewish person to receive the honor of lying in state of the U. S. Capitol. ABC is Terry Moran on what's next. She will be laid to rest next week in Arlington National Cemetery that ground of heroes next to her beloved husband, Marty Ginsburg. Who died in 2010, the nation paying its final respects publicly today. Here at the Capitol, Ginsberg's casket was carried out of the capital, with the women of Congress lining the steps, their hands crossed over their hearts. You're listening to ABC News. Stay connected. Stay informed.
"justice ginsburg" Discussed on 600 WREC
"Justice Ginsburg died by immediately, new action was needed on a scale we have not seen before. Our democracy has become so fragile that the loss of one of the last guardians of common sense and decency in our government lesson two months before a prebuttal election has put our civil and reproductive life rights in danger, like never before, And so I have turned to Satan is, um She goes on other things could you do know there's not another option either saying is, um, I got to take the kids. I got to take the kids to soccer practice. Then I've got my temple rituals. I got two D'oh, you know, too. You know, Help Satan. Now, this is where it gets even more interesting. Okay, This is where this is where I think it becomes even more evil. Quite frankly. So, you know. Members of the Satanic Temple. Don't believe in supernatural or superstition stuff. In the same way that some Unitarians and some Jews don't believe in God. Satanic Temple members don't worship Satan. They're really more atheists. They're not affiliated in any way with the Church of Satan. I mean, this is like is like the Jehovah witnesses going. Hey, I'm not with those Mormons. It's not really helpful because I thought because only realtors can be members of the National Association of Realtors. Yeah, I was worried not Allstate Nous can be part of the Church of Satan. Really? Yes, yes, learning learning before five. Doctors agree. Just like other faiths. The Satanic Temple has a code that their members believe in deeply. To use to guide their lives. Thes air. The seven fundamental tenants that include one should strive to act with compassion and empathy toward all creatures in accordance with reason. That the struggle for justice is an ongoing and necessary pursuit that should prevail over laws and institutions and that one's body is in volatile and subject to one's own. Will. Reading through the seven tenants. From the Satan ISS temple. I was struck by how closely they align with the unwritten code that I have used to guide my own life. For several years, I realized happily that these were my people. That I have been a Satan ISS for several years without even knowing it When justice Greek Ginsberg's death suddenly made combating the threats to reproductive rights and government free from religious interference, more urgent. I knew it was time to join them and support their conceptual and legal battles. So the person who is very upset About losing her quote, reproductive rights, end quote. Is actually been a state miss this whole time. Isn't that interesting? That is fascinating is a fascinating realization that those Wally's align colleague, E. Willy, I think Dad's going to be really upset when he finds out Mom joined the sameness temple. I mean, what What? No. Here's what really goes on paragraph after paragraph after paragraph defending why she's a part of the state this temple now The sameness church. Came out or the Church of Satan or whatever that word came out and said, Hey, we don't associate with these people that They're not us. Okay, So the Satanists are having a little war on this. Oh, no. Now the stage is the sameness Temple. Says We're not in a Satan. We're just trying to drive God out of the public square. You might be in to say actually, I mean, I know, I know. I'm not saying you are the butt. Your practicing anti Christ kind of activities. OK, don't make you the anti Christ. But if you're driving Christ out of the hearts and homes and the public square You are doing that work. I don't know if you know them right now. I don't know what that is like saying I'm not a landscaper, but I'm mowing a lot of lawns. Exactly right now. I do want to point out That and this is my opinion. I don't think you can trust Satan or Satan ists. OK, you're taking it so I I am taking a stand. I know this is probably controversial. If it's not, it will be in 25 minutes. Yes, you watch there will be people standing up. And defending all of this stuff and saying that I'm a bigot against Satan isto..
The relationship between Justice Scalia and RBG
"Lies in state in the Capitol today, the first woman ever given that honor in the first Supreme Court justice since William Howard Taft and he'd also been the president. Justice. Ginsburg's casket was at the court for two days for people to pay their respects, including President Trump, and the first lady booed when they got there. The president has had nice things to say about Justice Ginsburg since her death, you may agree. You may not disagree with her, but he was an inspiration to a tremendous number of people. I say all Americans, and now, he says, it's his job to fill that seat on the court. I think it's very important that we have nine justices. And I think the system is going to go very quickly. The president plans to announce his nominee tomorrow. Joe Biden, and a lot of other Democrats say he should fill that seat if he wins the election in light of Republicans blocking President Obama from filling a seat in an election year, the seat President Obama would have filled incident. Scalia's went to Neil Gorsuch instead of Merrick Garland. For all the fighting. There's been over Justices Scalia and Ginsburg in life. They were very good friends. People always find it surprising that they were such good friends, Christopher Scully's the Eighth of Incident. Scalia's nine Children. There's a new collection published of his father's writing called The Essential Scalia. Their friendship went back. Really to the early eighties, when they were judges together on the D C circuit Court of Appeals, which is kind of like the second most important court in the country, and they they had a good working relationship that which really started back then they would help each other revised their drafts and their opinions. Apparently, the other judges on that court really didn't like getting advice about their writing and how to improve the clarity of what they're writing in the force of their arguments. But Justice Ginsburg liked getting and receiving that kind of advice, and so did my dad, and they formed what he called a mutual improvement society during their time on the court there. And And they had other things in common. They were they had similar backgrounds and that they were both New Yorkers grew up in New York around the same time, different boroughs but around the same time and shared a love of opera. Good wine eating good food. Both of their thousands were excellent cooks. Marty Ginsburg, in particular, is kind of a legendary cook, who would put together wonderful meals every New Year's Eve and they would celebrate New Year's Every every year is well. So you know, despite all their differences, and all the many things they disagreed about, including a number of opinions in this collection. They had a wonderful friendship were able to kind of focus on the things they had in common. Your dad in Justice Ginsburg, I don't know the statistics on how often they concurred or dissented on cases. But I imagine that they disagreed. Maybe as much as any two Recent justices have my right. Yeah, I think that that sounds right. I don't know the statistics, either. I think people would be surprised by how often they agreed with each other. But on the real hot button cultural cases, they often disagreed one of her most important, most famous opinions. Was Virginia Military Institute case from the mid nineties. And my My father wrote a dissent to that case, which is in this collection, the essentials, Scalia and it was hey actually gave her the draft of that descent a little bit earlier than one usually does just so that she would have more time to kind of Deal with it and grapple grapple with his arguments. And and, yeah, some of his most staying the sense we're in response to opinions. She didn't necessarily right but but joined, And I think that's probably true. Vice versa. Tell us very about the big bouquet of roses she got from him. My dad would get her roses for her birthday and I guess the Ah, I think the last time he did that. So the year before he died, one of the editors of the Essential Scalia Judge Jeffrey Sutton was visiting my father in chambers on on Justice Ginsburg's birthday. And he saw that my dad had two dozen roses for Justice Ginsburg and Judge Sutton started teasing Dad saying, You know, I haven't even gotten my wife two dozen roses over the course of our entire marriage. Why would you do this? And besides, When was the last time she cited with you on a really important 54 decision? You know, he's poking fun, You know, not not really being serious, but My dad gave a serious answer, which was some things are more important than votes. As I think I just kind of a great encapsulation of their of their relationship of their friendship they had they had Very different opinions of politics and of their jobs as a zoo judges and of what laws, men and with the Constitution, man. But, uh, how they voted wasn't the biggest factor in their relationship. It wasn't that those opinions didn't matter. And it wasn't that they compromised their beliefs for each other. But they didn't let those very strongly held beliefs undermine their very deep friendship collection of Supreme Court. Justice Antonin Scalia is writing sort of like a greatest hits album. It's opinions and other writing about the law and the Constitution again called the Essential Scalia. This is really just a collection of his greatest Legal writings, opinions, speeches, essays and they collected together give a really good sense of white. Exactly. He was such a significant Supreme Court justice on it. They're having in one collection really makes it tangible for anybody understand that we'll just as a legal reference work. You've got to think it's going to end up being bought by or four A lot of lawyers and judges know absolutely in law students. I hope you know that he he wrote. Clearly, he wrote, Hey, had so many memorable phrases and his opinions. His logic was so strong and convincing that people just kind of they often went to his opinions first. And so it's good for people to kind of have that as a resource to keep going to those opinions. Even you know, even after His passing is also besides the legal community. It's also like you said. It's very readable, even for non lawyers for just a general interest audience who might, but he was just simply a very, very good writer. Yeah, it's exactly right. He hey, wrote. For? I guess we would now call it out of transparency. You know, Even when he was writing Supreme court opinions, he understood that they should be understood themselves by everyday citizens, not just legal eagles and people with legal degrees. He kind of a recurring theme of his opinions. Is that people should know what the court courts are doing and people that the court should not usurp power that properly belongs to the people. And I think that kind of reverence for the Democratic order is is kind of manifest in his in the clarity of his writing a lot of times if he had a vote, a personal vote on how a case would turn out it may or may not a lot of times did a line with how he ruled, But sometimes it probably wouldn't have right. Yeah, I think that's true. And that's especially true in one example is when he sided with the majority in a flag burning case. The majority ruled that, um, it was constitutional sorry from burning the flag was constitutionally protected speech under the First Amendment so prohibiting that in the state law was unconstitutional. My father often explained that he did not like Three idea of flag burning. If he were a king, he would ban it. But clearly to him falls under the protection of the protection of the First Amendment, and a lot of conservatives to this day do not like that opinion. My father thought the Constitution was clear about that. There are many examples in this collection, the essential Scalia of instances in which he stands up for the rights of the accused defendant's rights. There's a famous case in here where search and seizure cases as well there a couple of those in here where he just thought, you know the police do not have authority, for example, to use Scans of houses, Tio identify Marilou who was growing marijuana without that was an illegal search examples like that s so if he could just pass a law That was one thing, but actually sorry, there couldn't be even be lost for that because they so clearly violated the Constitution, even though obviously he wouldn't have approved of those particular actions. Sure. Hey, was also notice the talker during oral arguments. He has asked a lot of questions and clearly sometimes, though, they weren't really questions. They were just arguments he was making to his fellow justices. Do you think he went into most cases with his mind made up based on the briefs, and the president is a bad thing, but not usually the case. I think that the justices, you know, I can't say for certain, but my hunch is that they often have to go in with a pretty good idea, but I think for the most part, they do ask questions, not just Not just to be heard or not just to make arguments, but because they want to really engage with the arguments that the lawyers are making in the forward to this collection, Justice Kegan first of all, very happy that she agreed to write this beautiful forward, But she she says that she says just that, you know, Dad would ask these questions because he loved argument and kind of loved mixing it up. It wasn't just kind of wasn't just for show though he did. I think you're right. He was very kind of an engaging speaker and There was some study years ago that that found he was. He was the funniest justice by the standards of he drew the most laughter from the courtroom during oral arguments, which obviously isn't the most important thing to do, but just shows how much he he enjoyed that process that love for debate. Did it? Was it a two way street was? Was he persuadable? Absolutely. That's something justice Kagan mentions in her forward. She doesn't say when she ever changed his mind, but says They change each other's minds at times. Well, Christopher Scalia, It was great to talk, Teo, The book is called The Essential Scalia on the Constitution, the courts and the rule of law. Chris Scalia. Really good to talk to you. Thanks so much, Thanks so much appreciate your time.
"justice ginsburg" Discussed on The Last Word with Lawrence O'Donnell
"Vote him out a little different than what he's used to those rally audiences leading off our discussion. Tonight a John Heilemann national affairs analyst for NBC News and Msnbc He's executive editor of the recount and. Co Co host of showtime's Circa Stuart Stevens is with us. He's the former chief strategist for Mitt Romney's two thousand, twelve presidential campaign. He is. Now the author of it was all ally how the Republican Party became Donald Trump and Rene Graham's with us. She's an opinion columnist and associate editor of the Boston Globe Rene let me start with you and what you're hearing when you hear President say get rid of the ballots. What he's essentially saying is I'm going to cheat what he's saying is I don't think I could win any other way. So I am going to sabotage the election if it means that I have to get rid of the bows to do that, I'm going to do it. You Know Donald Trump isn't mincing words at this point he's literally done everything but Belle Tout Jennifer Holliday's and I'm telling you I'm not going. No matter. How much White House or his fellow Republicans try to walk back his comments. There's no reason to believe that he will commit to a peaceful transfer of power. If you lose the election, a stuart Stevens, give us a presidential campaign professionals reading of these polls tonight. Trump should lose It's pretty straightforward. You don't forget that broad industry why trump won trump voters trump really one reason Iran in a year which Republican could win forty six point four percent. Romney lost with forty seven point two percent. So even if every voter showed up for trump last time showed up again. It wouldn't be nothing likely. Why was able to win forty six point one because third party double that non white both declined for the first time twenty years. Now look around the country. Protest and Protest in their civil unrest in there their cross for justice. They're also get out the vote that. I think if been elections Tuesday, you'd have record non white vote across country and that's a disaster for trump and he knows. He's tractors generally not complicate. A John Hayman I think we're facing some journalistic challenges in discussing the president's new slogan and get rid of the ballots because there's that problem of as we talk about it. We are making it sound possible to trump supporters who might not have considered it before we're helping in some ways to deliver that message to trump supporters. Even, as we try to dismantle a what what the president is saying, he can do and show where where the strengths are in the actual governing resistance against this possibility. Lawrence. I hear that kind of thing all the time. Yeah. People say well, don't give any ideas trust me I. You can't get a lower opinion of Donald Trump's intellect and creativity than my opinion of it but I do know that the one thing is Z. is and is uncreative is these very, very interested in keeping hold power and he's been sending the message long enough that he plans to try to steal this election and he's saying it very directly. He's telling US exactly how he plans to do it that we should. All assume that given the Coterie of enablers that have surrounded himself with some of those people are very smart and they're very creative and they're very ruthless people like Bill Barr and others who work on his campaign. They are thinking about every angle. There's nothing that we could say on television that's not occurred to Donald Trump and his coterie of enablers and fixers, and the hacks around him who are trying to figure out all the all the ways, all the various ways they can go about ceiling us election, and I just think that. This is going to be a battle in the post-election period, a legal battle, a political battle, a battle of public opinion about potentially. involve. People protesting in the streets I. Think it's better for those who care about free and fair elections to have as clear a vision of what might happen in all of its ugliness so that they go into this battle for the principle of free and fair elections they go into armed intellectually armed I mean armed with awareness of just how far this president will go. I think there's a better chance of US having in the end a free fair and accurate outcome of the election if the people were fighting for it, know what they're up against listen to what Nancy Pelosi sent about this today. Now, we do know who he admires. He admires Putin. He admires come on he admires Erwan and Turkey. He admires people who. Are perpetuating their lead their role in government. But it remind him, you are not in North Korea. You are not in Turkey, you're not in Russia, MR, president, and by the way you are not in Saudi Arabia. You were in the United States of America. It is a democracy. Renee Graham. Now, we see where that admiration for dictators has taken him. We always knew it was coming to this. You know this isn't a surprise. No Donald Trump might not know what foreshadowing is, but he is an ardent student of it. He is always talking about these things because he has no sense of humor he's never joking. So when he was admiring Kim Jong or when he let. Air The from Turkey, have his bodyguards assault American protesters on American soil and said nothing about it. We already understood what Donald Trump wanted to be. Those are the man Donald Trump aspires to end those men hold power would iron fist, and that's exactly what he's trying to do the thing that's really nervous about so much of this if you think about. Lyndon Johnson on Air Force. One in nineteen, sixty three when he was sworn in as the thirty six president this wasn't just procedure. It was the let the American people know in for the world to see the constitutional continuity to show that an assassination will not send the nation's spiralling into political chaos and trump is promising chaos in November to believe otherwise is a whole bet stuart Stevens in the first of lawyer battle over the presidency, the Republicans won in two thousand. where, are the democratic? The Democratic Army of lawyers they they they going to be outflanked by this Republican Army of lawyers. Not I'm working with the Lincoln. Project. We're working on that front. I think that what trump does test people. And he's kept to billboard billboard. Do anything he wants. East testing Republicans and I thought for the most part responsible Republicans to what he said. Yesterday was very weak if you look at Mitch McConnell's. Statement was. We will have a transfer power to the person who wins. Trump isn't planning same. Put Me Power because I've lost he's planning reading our. Listen. When you work in politics, you have arts for a long time. You know it's pretty boring mostly blocking and tackling, but I really think. The next day down elected was dangerous since the civil war. John, how the the notion that the Democrats are ready to fight this I don't think has been made clear. Do they need to make a public presentation of what their strategy is? How what the League? Who the WHO's the legal team for the Pennsylvania case? WHO's the legal team for the Florida case? WHO's the legal team for.
"justice ginsburg" Discussed on The Last Word with Lawrence O'Donnell
"If they did that the Democratic governor of Pennsylvania Tom Wolfe would veto it end of story and so that particular nightmare scenario is never going to happen because there's a democratic. Governor. In Pennsylvania but Barton, Gilman's reporting on the angles. The trump were is wanna play in November is a very helpful wakeup call to what should be an army of democratic lawyers ready to do battle with the trump is but if such an army of democratic lorries exists they have not. Publicly reported for duty and they certainly don't have a spokesperson. Like the Republican lawyers do the president of the United States saying get rid of the ballots. According to the latest polls, Donald Trump will have to get rid of millions upon millions of ballots because Donald trump is losing and losing big in the latest polls Donald Trump is running ten points behind Joe Biden on the latest national poll but more importantly, Donald Trump is running behind donald trump. In just about every state poll, you can find Donald Trump is polling behind were donald trump finished four years ago in most states, Donald Trump cannot afford to lose a single voter who helped him squeak out an electoral college victory four years ago and according to the polls. He has already lost millions of those voters tonight. A Fox poll shows Donald trump running behind where he finished in each state that they pulled four years ago Donald Trump won Pennsylvania. By less than one percent for years ago forty, four, thousand votes out of six point one million votes cast in tonight Donald Trump was running behind Joe Biden. Pennsylvania. By seven points, which is at least four, hundred, thousand votes possibly more than that because the voter turnout will be bigger. Donald Trump went Ohio four years ago by eight points since Donald Trump is running five points behind Joe Biden in Ohio Donald Trump knows he is losing voters in every state and he knows he is going to lose the national vote by several million votes and so for Donald Trump it all comes down to get rid of the ballots. There's really no choice for him. But it does present. Republicans with a choice. What a what do you do? About a presidential candidate whose only hope and only strategy is to cheat. Libya troy is a lifelong Republican from Texas who recently made her own personal choice about what to do she was vice president. Mike Mike. Pence's staff person the coronavirus task for for some after leaving that job she has joined Republican voters against trump. And she delivers this morning. About the president. Who.
How should the media cover the presidential race in the Trump era?
"Rid of the ballots. Locker up has now morphed into get rid of the ballots. And that's become an effect. The trump campaign slogan and the trump campaign strategy. It became the strategy yesterday when Donald Trump said that. And get rid of the ballots are the first words of a New York Daily News op Ed piece today with the headline. The president is psychopath the new. York daily. News is one hundred and one years old, which makes it New York City's youngest circulating daily newspaper. And it carries a headline in twenty twenty. That was unthinkable. When the daily news was founded in one thousand, nine hundred nineteen. President is a psychopath. The article is written by two psychologists and it says get rid of the ballots and there won't be a transfers said Donald Trump on Wednesday. This comment is a direct dangerous expression of his anti-democratic intention. If unstopped trump may well destroy our two, hundred, forty, four year, old democracy, it is time to stop pulling punches. It is time to stop relying on political pundits to weigh in on trump's behavior, which they often softened and even normalized. We are psychologists and we are convinced Donald trump is a psychopath his malignant behavior over the past four years is growing escalating right before our eyes trump's psychopathy will change us forever if he is not stopped. And today the New York. Times. Published up ed piece by the newspapers distinguished columnist Michelle Goldberg which says the President Quote Daily defiles his office with. Corruption disloyalty and Sater's. The president of the United. States is aspiring fascist who would burn democracy to the ground to solve his diseased he go. Michelle Goldberg. In New York Times print. Refers to. The rotten and squalid party that is enabling him. These are all words that could not in did not appear in the New York Times about American presidents and now fit. Well within the bounds, the contours of mainstream comment about this president. The New York Times. Is One hundred, sixty, nine years old. And it's had to find new language to deal with Donald. Trump because donald trump has brought new language to the presidency like get rid of the ballots. The. New York Post. Is Two hundred nineteen years old the oldest New York City newspaper was founded by Alexander Hamilton but it is now owned and operated by an Australian born billionaire who liked donald trump got his start in life from his rich father. And history will show Rupert Murdoch's most significant contribution. To his adopted country. Has Been. The perversion. Of Television news into a presidential propaganda channeled named after the animal in the forest that legend has it is the most cunning and to put it mildly untrustworthy. Fox.
Remembering Justice Ruth Bader Ginsburg
"Epic luck is a professor of law and the Founding Faculty Director of the Solomon Center for Health, Law and policy at Yale Law school she is an expert on Congress and the political process federalism civil procedure and health law among her most recent work is the most extensive empirical study ever conducted about the realities of the congressional lawmaking process published as two articles. In the Stanford Law review she has worked for. A Mayor Governor and senator, but she's here today because she also worked for Supreme Court Justice Ruth Bader Ginsburg she and fellow former clerk Jillian. Metzger wrote a piece in the new. York. Times just days after Justice GINSBURG staff recalling her impact on them and on equality for men and women in America professor. Thank you for joining us and before we begin our deepest condolences to the loss of your mentor and friend. Thank you so much. It's really a loss for all of us. Yes. Well, I believe you were at the all night vigil last night for Justice Ginsburg I'm hoping you can kind of take us there and describe that experience. Sure. So many people saw on television yesterday the law clerk stood outside to receive the justices casket, which is a typical tradition, but was very striking. I think yesterday because we covered the plaza, an perse because there are so many of us. But second because you were social distancing for covid. So created quite a striking visual I'd ask her ceremony. There is a tradition that other justices have observed where there's an honor guard that guards the casket for the entire time at lays in the court and law clerks at the sign of honor to their boss. Often stand is shifts next to the casket what we did yesterday and are still doing until tomorrow morning actually for the full forty, eight hours, the casket is. The court is that we have two law clerks that are standing by her side every single minute from the time she got to the court through the night. So I was there last night at midnight that another shift at one forty in the morning it's not unique as you know in the Jewish tradition, there is that tradition of standing by the side of the body for burial and several people have asked me wells is happening because she's a Jewish justice. This part of the Jewish tradition at it's a happy coincidence. It's not just for her as happened before, but I was very meaningful I think and really special way to honor her well. Let's talk about just the Ginsberg's impact on you. What did you learn as her clerk started in July two thousand three, right? Yes. Can you talk about your time as for Clark but also impact on you going forward from that time I mean I think her impact on anyone Shane. Countered is really immeasurable as a law clerk for her her work ethic is renowned. She worked harder than anyone I just did another interview with someone else who's I? Well, very supreme court advocate who mentioned that you know nobody prepared more than Justice Ginsburg even the lawyers who are preparing their cases or less prepared than she was on as her law clerk, you could not out prepare her so was she taught us aw was this work ethic and the idea of Being incredibly careful. So you can stand behind your work, one, hundred percent she instilled that in us an enormous way, the other things that she instilled with us during the clerkship or some of her signature qualities. So she was remarkably collegial in the sense that she could disagree and dissent without throwing sharp elbows or causing fights and remaining friendly and close with her colleague. She's obviously the independent thinker. She also had just an amazing life outside the court she basically filled her. Entire. Day She would work until eight pm she would go to the opera than she will come back and work more and she sort of showed you how to have this incredibly full life where you could work hard and you know she wouldn't use your play hard but you know fill your life with all the things you love and every aspect and the last thing say about my time there that her relationship with her husband was as I said before one. For the ages and you could not work for her without seeing that relationship would have birthday parties for every law clerk in her office at her husband. Marty would big cake they were such equal partners. He was her biggest booster her stories through the ages were all about how they supported one another different times in their career. It was really an amazing experience for young person. I was newly married at the time to see that kind of marriage and learn from it. So did she maintain a relationship with her clerks after their terms the court we're up? Oh, absolutely. It was sort of remarkable and a Guy John Stronger and deeper and deeper. Every year I would say that with every passing year I felt closer and closer and closer to her, which is just
Trump pays respects to Ginsburg in Washington, DC; protesters chant 'vote him out'
"Was was heckled heckled by by protesters protesters who chanted vote him out as he paid his respects to late Supreme Court Justice Ruth Bader Ginsburg today. President and first lady Melania, both wearing mass stood silently at the top of the steps of the court and look down at Justice Ginsburg's flag draped coffin. Mr Trump is called Ginsberg and Amazing Woman. Protesters also briefly chanted Honor her wish reference to Ginsberg stated wish that she would not be replaced on the court until after the election. Senate
RBG in Her Own Words
"Hi It's no rouse and Judith Rosenbaum. And this is, can we talk the podcast of the Jewish women's archive where gender history and Jewish culture meet in this episode we're honoring and mourning the loss of Supreme Court. Justice. Ruth Bader GINSBURG. The first Jewish woman to sit on the nation's highest court Justice Ginsburg died on the eve of Russia China after a long battle with pancreatic cancer. In the days and nights following her death the steps of the Supreme Court have become an impromptu memorial. Thousands of people have gathered to express both grief and gratitude leaving flowers, writing messages and chalk lighting yard site candles. Some have even blown show far in her honour Ruth Bader GINSBURG was not only unapologetically Jewish but she and her experience as a jewish-american really guided her work. The Biblical Dictum Setback Sabatier Dove Justice Justice. You shall pursue adorn the walls of her chamber and the Word Setback Justice was embroidered into one of the lace collar. She famously war with her robes though tiny person justice GINSBURG was larger than life a Jewish hero and an American and feminist icon she stood for gender equality and racial justice and modeled fighting steadily for what you believe in. Her famous friendship with Conservative Justice Antonin Scalia showed that you can disagree and still get along. She was a role model for so many people, but it's important to remember that she had role models to in two thousand and four justice Ginsburg spoke at a Jewish women's archive event marking three, hundred, fifty years of Jewish life in America. She talked about some of the Jewish women who inspired her. One of them was Henrietta sold. Zolt was born in eighteen sixty in Baltimore and like Ginsburg was both visionary a doer who faced in overcame many obstacles as a woman. She founded DASA and helped build the social service infrastructure of what became the state of Israel. So here's ruth. Bader. Ginsburg one of our heroes talking about one of her heroes, another inspiring Jewish woman from history. In my growing up years, my mother spoke of glowingly. Though new had to say no. Better than any other person whose words I have read. Sold had seven sisters. And brother. When her mother died the man well known for his community spirited endeavors. Hi, imperative. Offered to say the codfish. The mourners fair that Ancien customer instructed to be recited only by men. Zone responded to that carrying offer in a letter dated September sixteen. Nineteen sixteen here Kuenssberg reads the key passage of the letter Henrietta sold wrote in response. It is impossible for me to find words in which to tell you. How deeply I wish touched by your offer. To Act as. Well my dear, mother. What you offered to do is beautiful beyond thanks. I shall never forget it. You will wonder then that I cannot accept your offer. I know well and appreciate you say about. Jewish. Custom. That only male children recite the prayer and if there are no male survivors. A male stranger may act as substitute. And Jewish custom is very dear and sacred to me. Yet I cannot ask to say after my mother. The cottage means to me. That the survivor publicly manifest. His intention to assume their relationship to the Jewish community, which is parents had. So that the chain of tradition remains unbroken. From generation to generation. Each adding its own link you can do that for the generations of your family I must do that. For generations of my family. My. Mother had eight daughters and no sun. And yet never did I hear a word of regret. Past, the lips of either my mother or my father. That one of us. WAS NOT, a son. When my father died, my mother would not permit others to take our daughters place. In saying the cottage. Until I am sure. I am acting in her spirit. When I am moved to decline your offer. But beautiful you offer remains nevertheless. And I repeat I know full well. That it is much more in harmony with generally accepted Jewish tradition than his might while my family's conception. You understand me don't you. Flee or celebration of our common heritage while tolerating indeed appreciating the differences among us. Concerning religious practice. Is, captivating, don't you agree?
Justice Ginsburg Lies In Repose in Washington DC
"Of the public said a final goodbye to Justice Ruth Bader Ginsburg, who is lying in repose in the Supreme Court. Double GOP's Mitchell Miller is covering one of the first in line to pay their respects. Was Sharon Yeohwi Ah, former attorney who came here from North Carolina, she says Justice Ginsburg helped women like herself overcome lots of barriers was able with endurance and stunning order to overcome the justices. Appeal spans across generations and Alex breathe. Aresco came to D. C from Cleveland with his family. Saying it was important for them to pay respects to a woman he calls a Trailblazer daughters. It's really nice to have such a wonderful role model they could see Justice Ginsberg will lie in repose again before she becomes the first woman to ever lie in state at the U. S Capital on Friday
"justice ginsburg" Discussed on WTOP
"P NEW Maryland Governor Larry Hogan is the latest prominent Republican to say the Senate should wait until after Election Day to move on. Confirming a successor to Justice Ginsburg President Trump says he'll announce his nominee Saturday afternoon at five. He's calling for a vote before the election. Part of the governor's tweet reads. It would be a mistake for the Senate to ram through. Nominee on a partisan line vote Justus it would be a tragic mistake to question the integrity of the court or even packed the court to other Republican governors. Charlie Baker of Massachusetts and Phil Scott of Vermont have also called for the president to wait until after the election to nominate a successor. A New York state judge has ruled that Eric Trump must testify in a civil case about his family's businesses before election Day. The case centers on whether the Trump organization lied about the value of its assets. State Attorney General Letitia James, who is a Democrat, went to court to enforce a subpoena after Eric Trump's lawyers abruptly canceled the July interview with investigators. Lawyers say their client is willing to comply with the subpoena, but only after the November 3rd election because they say he is a vital and integral part of his father's presidential reelection campaign. The president's former personal lawyer, Michael Cohen, told Congress that the president inflated the value of his assets to get better terms for loans and insurance coverage. Still ahead on w T o p. You're still here from Dr Anthony vouching now and again. But what about the other part of the Corona Virus Task force? Ah, formerly visible doctor, Dr Deborah Burkes will have an update on what's going on with her. Plus some rare good news. Positive news on the terrorism front 7 36 states In today's a remote work environment data security is more critical than ever. Vayan ensures end to end.
"justice ginsburg" Discussed on Deep Background with Noah Feldman
"Hearing Richard Talk About Justice, Ginsberg's legacy is a powerful reminder of what the Law Chandu and of what our Constitution can do when rightly interpreted justice Ginsberg's life was entwined with the struggle to create equality via the guarantees of the law and the constitution she became while serving as a Supreme Court justice one of the keepers of the constitutional flame. And in that role, she not only made profound contributions. She also simultaneously assumed a national status that enabled her to inspire a whole new generation of young people especially young women. That said Richard also hinted that the cult of personality that began to grow up around Justice Ginsburg towards the end of her career may not have been altogether positives and he expressed a worry a worry that I share that it's possible the Justice Ginsburg choice to remain on the Supreme Court. At her untimely death while Donald Trump was president and the Senate was controlled by Republicans might turn out to have very troubling long term consequences for the Supreme Court, and hence for the Constitution itself. We will continue to cover the story of what happens in the aftermath of Justice Ginsberg's death. But for now, what's appropriate is for us to mourn her to appreciate her legacy and to value the tremendous contribution that she made to human equality here in the United States. Until the next time I, speak to you be careful be safe and Beulah. Deep background is brought to you by Pushkin Industries our producer is lydia gene caught. Our engineer is Martine Gonzalez and our showrunner is Sophie mckibben theme music by Skara Special. Thanks to the Pushkin Brass Malcolm Cloud. Well, Jacob Weisberg and MIA labelle. I'm Noah Feldman. You can find me on twitter at Noah are Feldman I also have a new book out called the Arab winter a tragedy. I'd be delighted if you checked it out I, read a column for Bloomberg Opinion, which you can find at Bloomberg Dot com slash Feldman, which discovered. Bloomberg's original slate of PODCASTS. GO TO BLOOMBERG DOT com slash podcasts, and if you liked what you heard today please review or telephone..
"justice ginsburg" Discussed on Deep Background with Noah Feldman
"About. Whether it's appropriate to think about institutions as being after they are made open to both men and women. And, this is connected to the brand of feminism. The justice. GINSBURG. which is sometimes called Sameness feminists. In some ways, it's distinct from a slightly later conception of feminism according to which women bring distinct experiences, distinct social attitudes, perhaps distinct viewpoints to a whole set of institutions and problems in the world. That's not how justice GINSBURG thaw. That's not how she wrote and it's not at all reflected in that opinion, she has no time for the idea of it introducing women to Vm, I will change the hazing the case I. Think I was the first method of education to her women can do whatever men can do including get nailed that in the face and yell at others. Yes including the University of methods because the argument was simply for equality of the sexes it's as simple as that. Yes. Men Than Women Women can be astronauts and basketball players and chemists just like man that is a call it was not. A claim. That society needed to be remade. In some other way than the inclusion of women on equal terms with men in the existing structures, I don't want that to sound more limited than it is in two ways. But I she did understand that some things about institutions had to change if women were going to be in them when she was first on the Columbia Law Faculty, there was no women's bathroom. So that's gotta change and I should also say we take so much of the. Success of that, waive the women's roofing for granted from the perspective of nineteen thirty respective Justice Ginsburg hood the idea that you could achieve that kind of sameness equality was nervously Levin, heavy lift. You know in the annals of human history, it is hard to identify movements for human liberation equality dignity that did more faster more successfully than that move, and yet it is also the case that by the time I knew her at the end of the nineties. Most feminist thinkers of the younger generation had moved past that they were thinking in terms of differences between men and women they were thinking in terms of more thoroughgoing kinds of change. They were more inclined to say things like the fact that vm has not been hospitable for women indicates that there's something wrong with institution like vm I in the way. that it does things in a vm I can't survive with many in it. Then maybe it's Ok the VMI doesn't survive. That's a kind of progress rather than thinking the goal is simply equality within the existing world of institutions. But again, I WANNA say though her perspective is certainly limited in this respect from the perspective of the generations that came after her. We should not underestimate the achievements that was entail in making her perspective successful enough. So as to seem like a thing that we needed to beyond. Last. Question Richard. A lot is about to happen and it's going to be very complicated. Any thoughts on how justice GINSBURG's own legacy and own views should inform the way we think and talk in the difficult days are coming. I wish they would. The horrible circus that attends all changes of personnel at the Supreme Court in our days is a bad thing for the republic. It's it's a symptom and a cause of bad things about our legal system in our constitutional system. Starting with the fact that the Supreme Court is such a symbolically sealions institution that gets people very very exercised and the fact that the justices are. We treat them as titled Nobility, in an in a mystical way, we treat them as vickers of the constitution. America is officially anyway. Maybe in reality, it's not a country founded on our common ancestry or said of ethnic traditions. America at its best and maybe reality is an idea. But exactly the same idea for everyone. And for most of us, the idea is linked deeply with the constitution as we understand it and the Supreme Court justices, I think it's very unfortunate thing superior court justices in our generation go through the row as the Constitution made flesh. And that means that the conflict of who they're going to be is just so deeply intensive exceeds the practical stakes of who controls the court and those practical stakes are too high or read. It's why I wish we had a system in which spewed just is rotated out of office on a regular schedule rather than just by happenstance of death or choice of retirement I. Think we'd be much better off but given that we are where we are. I wish very much even for reasons that I hadn't before that. The Republican Senate head confirmed Merrick Garland in two thousand sixteen, make your snow turn of historical story for you the Republican Senate. Says okay. Our Party control the Supreme Court for a very long time. One of the features of a constitutional democracy is eventually you have to take turns. In President Obama would've appointed garland and there would have been a small democratic majority on his court, it would have come at a really good time. Right. The trump administration would have been really an excellent time to have a small Democratic majority Supreme Court a bunch of things about how courts handle the trump administration or failed to handle the trump administration would have gone down a little bit differently and I don't think they would've gone down on a strictly partisan way if there have been five votes against the trump administration in trump versus Hawaii travel ban case or in a bunch of other cases that we can think of either six or seven votes and those things could've gone better and then. If everything else is the same imagine justice Ginsburg is at the end of the summer of twenty twenty. And is replaced by Republican appointee. then. There's much less reason for Democrats to feel that they've been cheated over and over again like we got ours and you've got yours and those are the rules if they ran basketball and now four years later we are where we were into the five four Republican majority of court. But just to say, the world of conservative lawyers would still have been ideologically much more the driver's seat in the Supreme Court Liberals, right. But for the short interlude. We would have gotten there without a lot of pain and a lot of recrimination that I fear is only going to get worse over the next several weeks. Richard thank you for sharing your experiences and your thoughts about Justice Ruth Bader Ginsburg with me. Thank you more deeply for literally thousands of conversations that you and I have had about constitutional law over the years and I are having more of them with us some of them at your on deep background. Thanks for joining me. No, I'm delighted to have been here I am grateful.
"justice ginsburg" Discussed on Deep Background with Noah Feldman
"Ginsburg wrote that's a little bit like throwing away your umbrella in a rainstorm because you're not getting wet right her point being the reason that we don't see all sorts of horrible forms of race boater oppression is that we have the voting rights act and I was confident at the time that she was right And I am yet more confident. Now, how can not be that? She was right and so I think that warning you know will be something that constitutional lawyers will continue to hear. We'll be back in a moment. Do you ever send money abroad. If you do try transfer watts, they say you can never have something that's cheap fast and reliable. Usually you have to settle for one or two of those things. But with transfer wise, you actually get all three when you send money internationally with transfer wise it's cheap because unlike banks transfer wise never hides an extra fee and the exchange rate, you always get the real rate when you send money to over eighty countries. 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Download, the pay PAL APP today's terms and conditions apply. Let me ask you Richard. The opinion on gender equality on sex potty. That was the most significant one written by Justice Ginsburg when she was on the court and that was the my case involving the Virginia Military Ademi an all male military academy run by the State Virginia. Tell me about her opinion there and what you think was interesting and significant about it. So this was a case in which the Supreme Court decided seven to one Justice Scalia dissenting and Justice Thomas not participating. That the state of Virginia could not maintain VMI as an all male institution via by. A military academy. The played a very large role in the aristocracy rates, social, political, and economic of the State of Virginia, right if you graduated from. You were a real Virginia insider in a very thick and powerful network of Virginia insiders. And it grew out of a particular aristocratic tradition that fits with all those things. The question of course was whether via continue to do that given that it was a public institution and therefore bound by the Fourteenth Amendment, protection clause, and after the nineteen seventies when the Supreme Court began to say that equal protection clause meant among other things states can't discriminate however, they want to have sex. This was a real question. The thing that I think of as most instructive about just Ginsberg's opinion. In the case whose just how simple it is. Virginia had attempted to escape the need to integrate. VM. By creating different institution called Mary Baldwin College the idea was it was going to be like Vmi for women and it is equal but separate. which once upon a time was acceptable doctrine in the Supreme Court on race issues and the question was would be especially equal acceptable doctrine here on the sex issue and one of the things that the end was the undoing of separate but equal in the race context was the understanding that it wasn't really equal that is to say that the black schools were not as well funded and. Now's what we I in other ways did not provide the same level of education as the way schools. It was just farcical to pretend otherwise right the great Charles Black. Great Constitutional Law professor of his generation and a Texan all of his days famously wrote that when people insist on the idea that the schools are in fact equal, he could only deploy the sovereign prerogative philosophy which was laughter. And Justice Ginsburg said essentially the same thing about Virginia Attempt to dodge in this case. Nobody would ever confuse via by with Mary Baldwin College No, insult to Mary Bolton College, but it doesn't provide access to the same kinds of shared experiences and networks of power. That coming through Vmi does and that means a cat possibly be delivering equality to the people who go there and here I wanna see something. I will tell a short anecdote about wonderful that student of mine said once when I was teaching this case, the first line of the opinion Justice Ginsburg grow. Says I'm not going to be able to put it exactly for memory but more or less. It says that Virginia maintains an incomparable institution of higher learning the Virginia military. Institute. And I was teaching this case of several years after it was decided and I asked the students at what point in the opinion is this case over how far do you have to read to know how this case is coming out? I had in mind was I. Want the students to say well, in the first sentence, you described his incomparable the word incomparably all you need to know if it's it's COMET TO BE A mind. But if it's incomparable, it's not equal to some other thing. So that's what I was looking for and the students smile and sent to me in full voice. This case is over when it says Justice Ginsburg delivered the opinion of the court frank, which is, of course, the sentence before and I had because, of course, that's true and it's true next and truly the deep way. In the world where Ruth Bader GINSBURG can be appointed in confirm two Supreme Court. The world where there can be single sex institutions of power run by states for which we make an accept excuses is no longer the operative legal world. There is a theme that runs through that opinion and especially the parts that are responsive to justice Scalia dissent.
"justice ginsburg" Discussed on Deep Background with Noah Feldman
"I think it accounted for the slow manner I think that's completely right and I actually think that a different narrative could have been constructed for her as who really overcame with great effort. A really powerful shyness could otherwise in another prison have been genuinely billeting. I I. DO think that once the cult of the notorious RPG was created, there was no convenient place for that narrative to be put in. And I think. He was just read out of the documentaries and out of the mist making that surrounded her and I wanted to ask you actually about that of our BG myth making bid correspondent in time. Strangely, enough to the period of time when some court insiders were urging her to consider stepping down. Tell me how you as clerk thought about this cultivation and especially its relationship to the very delicate question which was being raised in public in print by some people as early as the very beginning of President Obama's second term of whether once it was known publicly did she had been diagnosed with several kinds of cancer she should consider stepping down so that the president could appoint someone liberal to replace her. So I sometimes feel that I knew justice. GINSBURG. Before she was famous by which I mean when she was merely a justice of the. Supreme Court right yet famous to us but not necessarily the whole world. That's a lot of fame for one lifetime to be a supreme court justice but not like it was later she was famous but she wasn't a celebrity. Exactly right that's the difference. In fact, we can go through one step further justice. GINSBURG is on the short list of justice throughout history who would have been major figures in American law even if she had never sat on the court. She already had that plus being justice, and yet the notorious RPG thing took it to a different level. In fact, just a suitor in his very brief publicly released statement that the Supreme Court released said she was one of the very few justices who achieve greatness before joining the court. Yeah. I, think that's true. Pretty much all Supreme Court justices are figures in American legal history, simply by virtue of having been, Supreme Court justices. But most of them are not major figures after the passage of a little bit of time there's a shortish list of people who are major figures the past little of Communism shortish list of people who would have been major figures had they not sat on the court so Thurgood Marshall Louis Brandeis Joseph Story Oliver Wendell Holmes, I'm not sure we could get to ten and I really doubt we could get to sixteen or seventeen. She's on that list right because of the career she had and the impact that she had before she came to the court. And yet the turn that the notorious RPG took took it to an entirely different level I have found reservations about that developments I felt a little bit bad about my reservations because I had great respect for an affection for the justice and there was a simple way in which was good for her and she was enjoying it and it was useful in some ways also for things that she represented and and it happened also in the wake of her husband's death. And she was incredibly close to Mardi her husband. He was a life force and I think that that did something for her. Also for all those reasons, it felt to me a little bit churlish to have reservations but I have reservations had reservations first of all because I don't like culture personality. Even when the people around whom they center are people who I like a lot and admire and share values with still don't make culture personality I think I can go back places. And I think they can affect the judgement self awareness of the person at the center of the cult. And I read about that. I was someone who worried for a long time that the justice would stay too long. Not Sometimes you talk about a judge sting too long what you mean is they can't do the work anymore I was worried about that. I was in touch with the justice including about illegal things a few times over the past year too, and she was just as sharp there she ever been. But I worried about her stink too long as a legacy matter because we live in an age quite unfortunately when the populating of the Supreme Court is a highly ideological thing would fought out at the most titanic levels of American politics. And I had fear for the fate of her legacy that you ran along the following lines. People always used to say that she was Thurgood. Marshall of the Women's movement. And in a way that was really apt description and my fear was that it would be only too true in the end. Because Maybe the single most consequential decision for the path of American law the Thurgood Marshall ever made was not to retire during the Carter Administration when there were people who said he should. And as a result of he's not retiring during hard administration when he see eventually filled by Clarence Thomas. And the difference over these last three years between Clarence Thomas Supreme. Court and someone who Jimmy Carter might have appointed has been a really big difference in American law and it's particularly bitter because you're Thurgood Marshall was giants of American law. If anyone gave his life successfully to making America a better place through the law, you like, how can Thurgood Marshall not beyond your the shortest of lists? And yet formal Jim Crow in the south would have ended without Thurgood. Marshall have taken a little bit longer. It might have happened a little bit differently. There have been more suffering unjustly of African. Americans. You know for for like some number of incremental years in the meantime, right? Not Diminish any of that but it's these were number. There were larger forces in play. and. It would have ended with or without him. The decision about winter retire. Didn't have to be that way that could have been different. And similarly. Worried. The Justice Ginsburg retread that path she was a very important figure in the coming of sex equality in the law. But she also had the self awareness to know that it would have happened without her when she said. So to me directly she said, she didn't want to me. She said, mostly I was born at the right time. Generation came where the law of sexy quality was going to have to change. And exactly, who would change it exactly how it was a matter of contingencies who's around and who steps up, and if it had not been Ruth Bader Ginsburg maybe would have taken a little bit longer maybe would happened a little bit differently but the big arc of history on that issue what look more or less like it looks. The decision not to retire during the Obama Administration more particularly during the Obama administration was a democratic Senate. Mealy, very large for a long time in the development of a lot of things in American law. In a moment, will transition to talking about the. The trajectory of where we're going but before we do one of the things that concert officers like you and like me try to do is that we try to. Figure out the legacy of justices of the Supreme Court. And.
"justice ginsburg" Discussed on Deep Background with Noah Feldman
"Richard thank you so much for joining me. Let's start with how you met. Justice Ginsburg for the first time, which I think must have been when you went to interview to be her locker. It was it was in the fall of nineteen ninety-seven. I was a third year law student. And I had been told that she was taking applications for. Two years out there that I would have been eligible to clerk and I I sent in materials and I was in my apartment in new haven and the phone rang and a woman identified herself as climb from Justice Ginsburg Chambers said she wanted to speak to me. There's the justice wanted to speak to you. Could I be available a couple of days later and I thought yes. Yes. I. And hopped on a train and I went down to. DC. And I remember. Going in in the marshalls, taking me to her chambers in meeting her clerks who interviewed me. And then I was told, the justice would see me and I walked into her own private office. And I was looking at one of the biggest office rooms hit ever seen and one of the smallest people I had ever seen inhabiting such an office and she had a very, very big smile from behind some very, very big glasses and it felt warm felt welcoming. I'd never met her before her and she was the most powerful person I've ever met but she made me feel that she was glad to see me we sat down and we talked for maybe twenty minutes. She was well prepared. She had read materials that I had submitted. And at the end of the time, she said with no fanfare as she was saying, don't forget your umbrella on the way out. She said, well, I'd certainly like your. I. Noticed that my voice slows down as I recall when she said because she was in very famously a very slow. I'm a slow speaker and she was a full tick slower than I am I'm Jay well. If If? It will work for you I'd you'll be very happy to have you here Kirk for me. And I thought yes. Yes. That would work for me a great deal and she shook my hand and gave me a little hugging sent me on my way and a year and a half later I moved down to DC to start the job. Can I ask you about the rhythm of that conversation I mean you mentioned the Justice Ginsburg spoke slowly that's a substantial understatement. I mean, I'm a fast talker in hot a slow talker. So maybe the difference Celtics even greater. But my experience of her was that I had never met anybody who spoke with such long pauses between that. She said. So how did the rhythm of the conversation because you're also a very rhythmic? So the rhythm of the conversation was slow as were all subsequent conversations I ever had with her. One of the clerks who talks to me before I went and gave me a piece of advice that I found very useful in which item past Onta other people who met the justice. Later he said I tried to work myself into a sort of Zen state. Before I talk with the justice slow way down. And take what comes as a comes wait. In that conversation, I practice that and then inseparable conversations. Slow your breath down. Wait if she. Pauses it doesn't necessarily mean she's done. It usually just means she's thinking give yourself. You know sort of a full for Mississippi, count after she's done to conclude that she's finished and then answer. What was that about? Why was just GINSBURG's speech styles so remarkable so unusual I mean you sent you thinking and there's no question that she was thinking. But she was extraordinarily brilliant woman and intellectually speaking extremely quick. So can't be a complete explanation. There was some other thing going on there. What do you think it was? It's true. She had a very quick mind the very quick. You know she would see four different things happening all the same time. But. It's a mistake to think that people who do that also don't get something out of pausing and thinking yet more. I think that's undervalues I do think that was happening but I think you're right it's more than that. and. I associate it with two things and it's very hard for me to know how much there's real salad here and how much this is just so story, I would be telling as a matter of associations, but I'll give these two associations. The first is Justice Ginsburg was extremely careful in all of her work. She could see the answer to a legal problem very fast but it's one thing to see the answer to the legal problem very fast and another to say, okay done with that you know not thinking about it more right moving on and another thing to say okay I've seen it. Now I'M GONNA make super sure stress tested four or five different ways I'm going to set it aside and come back to to make sure justice Ginsburg was very much in the latter category as a matter of working practices. She worked very hard long hours every day for hope sessional life as far as I know. And part of that was just a matter of industry and getting things done part of it was being extremely thorough and careful. And I've always associated that. With a fact about gender and the justices professional life, which is that she came of age as a prominent woman at a time when women knew that if they were going to be thought to be as good at what they were doing as the men around them, they had to perform flawlessly. We're the man next to her only had to perform well, you've got to do it cleaner. And better in no mistakes because if you make a mistake, you know the men around you will as a matter of confirmation bias see well, she makes mistakes but she's not really up to it. So she did not want to make mistakes and I think that whether that caused her to slow down. Or whether she naturally was a person who worked very very carefully there for she was able to do what was necessary I don't know right but I I think one of those, the other is a personality matter that I think is something that most people miss about the justice it took me several months of working with her to figure it out. I think she was very shy person. I realized only several months into clerkship that. So many of her behaviors lined up with that and I think it took me a long time to realize because she was the most powerful person I knew she was in charge. You know what did she have to be shy about in late in her life after the celebrity took over you know certainly, people don't think of that. But I think she was a strong person and I think she was a shy person who worked in came the shyness but.
"justice ginsburg" Discussed on KQED Radio
"Now at 8667336786 that's 8667336786 or get in touch on Twitter and Facebook. We're at forum or email Any questions you might have to four on the dot or we haven't even And then to the politics yet, but I want to get in Margaret Russell with you to this notion of liberal. She was known as the leader of the liberal flank of the court. That label certainly is a label that is associated with all kinds of things. It has multi Vaillant meetings. But On ideological meanings, but it's not necessarily inappropriate, isn't it? Would call her liberal certainly, and depending upon how you define liberal, and what you presume, underlies it or conservative. It could be a good or a bad thing. But this is what I think it means her context. Justice Ginsburg was very clear. Precise in her writing her analysis, She spoke her mind. She asked questions in order all argument very quietly. But you know very firmly, and when she was asked questions about being a judge, she said, I am relying on the record of that case, the facts and the law. Ah, no, I don't think a judge should play to the home crowd was the phrase that she used so The liberal conservative approach, as well as the original text versus You know, not just the original text approach. It also encompasses different people sense of what justice and equality and I think what Ruth Bader Ginsburg brought to the court. And Certainly Thurgood Marshall brought to the court was a construction of justice that was very capacious, and that recognized particularly harm's against women. But she made decisions in a whole range of areas and it was very justice focused wasn't Favoring one team versus the other. You mentioned Justice Marshall. She's been compared in terms of being an architect of women's rights to Justice Marshall in the work he did on behalf of Civil rights in behalf of particularly African Americans in market as an African American woman. I'd like your response to a tweet here from a listener who says I learned something surprising about RBG while trying to figure out The possible black women. The Joe Biden would choose a running mate in 23 years, Justice Ginsburg and only a single African American clerk out of a possible 108. She did have equal numbers of men and women. We can fact check that. And what's your response? Margaret? Well, that's really a shame. I mean, I have no insight into her clerk hiring, but I know other justices have done much better on don't know what her answer would be to that, but certainly I think that Well, let me put it this way isn't addressed as an African American woman. What sticks with me? I think about the way she lived her life in her jurisprudence in her career. Gives me Great hope that I and the next generation of lawyers and law professors will rely upon her approach and pushing the door open to push it open. In many ways, some people would say Kick the door down. You did have some concern, though, about what? Ultimately, she tended an apology for on I'm talking about That's not President Trump, who she called egotistical and so on. But it was a fake, and she she apologized for that, because it was inappropriate on so many people's minds for her to say those things is a justice, but You were critical of the fact that she was critical of Colin Kaepernick's kneeling called it ridiculous and dumb, right? She did apologize for that, as well. Yes. So, so I I actually think it's it's correct that sitting justices should not Kind of late. Lots of things slip from their lips. And even the earlier Trump comment. I thought, well, you know what she said may be true, but it shouldn't be coming from a sitting justice on the Supreme Court. I was very disappointed, actually angry when I first read the quote about Colin Kaepernick and my initial impression because she was saying, Oh, that's really dumb. Why would athletes do that taken is I thought She doesn't really understand what this is about. And I think within a couple of days someone had schooled her and she did apologize. And here's a collar. Carry joining us from San Jose. Carrie Welcome. You're on the air. I I I just wanted to know if your death could talk a little bit about her distance in citizens United, which she has said is the worst court decision in modern times. Sure. Well, I do think it's one of the most significant cases in terms of how it has changed our politics on she she was absolutely right in terms of Predicting some of the harm we look at the money that is flowing in at this point hundreds of millions of dollars s O. That's on that pictures. Absolutely dead, right. The other one I would put in the same category would be Shelby County versus Holder, where the majority eviscerated the Voting Rights Act. And Justice Ginsburg famously said. This is like throwing away your umbrella during a rainstorm be just because you're you're not getting wet in the sense of it was preventing a lot of harm a lot of things that we're seeing now. So those two opinions Are tremendously affecting our election right now, and I think she was absolutely right. In both cases, Toe warned us as to how misguided both of those opinions were by the majority. Well, we got one of her sort of deathbed wishes and maybe you can comment on this. Wendy Williams, Her granddaughter said that she said that she hopes that another president will be able to Name her replacement. It sounded like in fact, to use the word fervent this a fervent wish of hers. It sounded certainly like a deathbed wish. And now we've got the situation where There seems to be an avoidance by Mitch McConnell of principles which he laid down in 2016 and not even having a hearing for Merrick Garland. Well, this is just so painful. She she was trying very hard to stay alive as as most people recognize. She she did her best. Right? I asked her last day. Take it. Was was what she asked her granddaughter. To reveal to.
"justice ginsburg" Discussed on 860AM The Answer
"We talk to you how things can change in politics on the Supreme Court. Andi even the focus back on Capitol Hill, especially with the U. S senate. So you've got two spotlights. You've got a spotlight on win. President Trump will announce the replacement for Justice Ginsburg And he has said that will likely happen Friday or Saturday. Some of his staff said. Maybe even potentially Wednesday, there's a service for Justice Ginsburg on Thursday. There's also Ah, lying in state on Friday. These air more limited because of Cove. It But certainly wanted to let some of those activities. Go by before announcing Justice Ginsburg, the late Justice Ginsburg's replacement. So you got the spotlight on the president? Obviously, in a lot of attention there, we'll talk about some of the names, but I think we've got some time to really get into that throughout the week. But I think the bigger issue to address today is the second spotlight on the U. S Senate because there's going to be a lot of politics around this obviously. Mitch McConnell said. We will have a vote on President Trump's Hominy and they said, Well, you hypocrite. You wouldn't have a vote on Merrick Garland. Why? Well, it's a pretty simple response back for everybody listening right now. Elections have consequences. When there is a Democrat president. And a Republican Senate. The Republican Senate. Do you really expect In an election year to go for it and just put on a lifetime appointment of a Democrat president who's not even up for re election. Remember Barack Obama is not even up for re election. Do you really expect them to do that? Elections have consequences. People put them there on purpose is as a check now fast forward to right now. It's a Republican Senate and a Republican president. The voters have chosen that they chosen to that makeup. Again. If you look back in history when this happens, the Republican president nominates and the Republican Senate confirms now it could be a very close confirmation vote. We've heard from a couple senators who maybe against kind of like closure on this vote. I don't know if they'll actually vote against the nominee. But it looks like it's right on the line. And that will be up to Mitch McConnell. So you've got these two competing spotlights this week. One will be of course, on whoever the president chooses. And there's names. There's names like Amy Bared out of the seventh Circuit, Barbara logo out of the 11th circuit, and Maura. I mean, there's again I think you could go through there. Alison Rushing. She is on the fourth circuit. You could go through. Ah, list of names. Presidents did say it would likely likely be a woman. There's also Ah Kate Todd, who was a White House deputy assistant to the president, deputy counsel to the president. Who served as again at she was the chief counsel of litigation for the U. S chamber. Ah Litigation center. So there's there's a whole list of names. Some are most our circuit court judges right now. They were put there by President Trump. Others who have not served on the judicial branch. And yet we can go through some of the names, but I think the politics of this Is extremely important because you're going to be you're going. If you're conservative, you're going to be all these going to be hearing constant, you hypocrites, you hypocrites.
"justice ginsburg" Discussed on WNYC 93.9 FM
"I guess I also want to ask you Did she ever do Justice Ginsburg ever talk about that paternalism that sort of protecting women idea in the context of how race and gender come together in American politics, right? Because there's this long history of which you know that Ah, lot of the the logic of the lie of white supremacy in that era was also that well, you know, you had tea you had to protect white women. From black men. And I just wonder about the way she with word we now would use his intersectional. I wonder about her. How at least how you would situate her work in that discussion about where race and gender come together on this idea of like paternal oversight of women? Yeah, So here's the example that I'll give. I think that her idea of the importance of reproductive rights and freedom and access to abortion was very much informed by the issues. You were just talking about. In this sense, she thought that to be free and equal women had to be able to control the decision about when they were gonna have a baby. And she was very aware that when you make it hard to get an abortion, the people who are really going to be Burt who were going to really scramble our poor women and disproportionately in the United States. We see that African American and Latino women are seeking abortions. So she saw this Intersection between race and class and gender, and that informed her deep and abiding concern for making sure that women had the freedom to make this decision. It's interesting. You bring up Ro, one of the things that I find anything better biographies. We associate her somewhere. You bring up reproductive rights as we we associate her so much with the future of Raoh. But that's not a decision that she was fully behind. Can you explain it? Yeah. I mean, it's a really interesting and I think it actually fits with what we were just talking about. So her critique of Roe had two parts to it. The main part, which she really stuck to through her whole life was that row should have been about the equal protection of women. It should have been about this constitutional right to gender equality. And it was not because when Justice Blackmun and other men on the court signed onto Roe vs Wade in 1973, this is a 72 opinion. Those men really framed this right in terms of the violation of privacy, and primarily, they were concerned about the doctor's privacy and right to practice medicine. They included women. They included patients, but it was that was the sort of peg that they hung the Rachel abortion on And Justice. Ginsberg thought that was a mistake. She thought it would be much stronger toe have a basis in the law that that centered this question of gender equality that we're talking about. Her other concern, and I think there's some question about whether she was correct about this, But I'll tell you about it. Her other concern was in 1973. There were states that were increasingly beginning to legalize abortion on their own, and she thought they should have more time to go through that process before the Supreme Court stepped in and effectively nationalised this right This United States of anxiety. I'm Kai right? And we're reflecting on the life of Ruth Bader Ginsburg. I'm speaking with New York Times magazine writer Emily Bazelon, and we're taking your calls..
"justice ginsburg" Discussed on WTOP
"Tributes continue to pour in after the death of Supreme Court Justice Ruth Bader Ginsburg. Last night she died of cancer at the age of 87, Virginia's 10th district. Democratic congresswoman Jennifer Weston talked with W T O P S Chris Cruise and reflected on the justices impact on her own life. Well for me as a woman lawyer. I know that she paid the way for women like me to enter the field of law. It's because of the sacrifices that she made in the barrier that she broke down in the time that that law school grudgingly admitted just a few women in law firms would hire them. But by the time I went to law school in the early 19 nineties, half of my class was made up of women. And I know that she has been a huge influence on so many women lawyers but not just on us, but on women and girls across the country. Congresswoman is, you know, D C is a tough town. We move on very quickly After someone dies. There was a time when it was unseemly to talk about what's next, Unless you know some time had passed, but already we're talking about who will succeed her. I wonder what will you say to those who want President Trump to nominate a successor to Ginsberg? Because, as you recall, Democrats wanted President Obama's nominee, Merrick Garland, to be considered by the Senate, even though it was in a presidential year. I wonder why is this any different right? And that was in February of 2019 many, many months before. Shin and hear the election. The 2020 election is already upon us. I mean, I voted in Virginia early yesterday as my husband as it hundreds of other people who are in line with us, but, you know, pushing through ramming through. Ah, A nominee before the election or before before the country speaks about who should represent our nation would have disaster disastrous consequences on the legitimacy and integrity of the court. You know, this is not only a direct attack on her legacy by trying to fill her receipts so soon but hypocritical violation of the standards that Republican senators established in 2016. And I wonder if I could push back a little bit on you on that because there's nothing in the Constitution that says the president, you know, has to nominate a Supreme Court justice X number of months before an election. So so isn't this In fact, constitutional what President Trump would be doing? Well, it's the greater question is, is it? Is it something that is that? It's fair to the legacy of the court, the legacy of Justice Ginsburg and the integrity of the court. And this is absolutely hypocrisy on the part of the Republican senators to try to ram through a nominee before there's been an election or before the people of the nation have spoken Congresswoman a final question. NPR is reporting that Justice Ginsburg as you may have known a CZ you may have heard told her granddaughter in the days before her death that she wanted her successor to be nominated by some Other than President Trump. I wonder that seems Tio cross a line about justice is becoming involved in politics. And I wonder what your reaction was. When you heard about that? Well, I think what she said was the next president. And that is Donald Trump wins the election that he would be the next president, so I don't think that there's anything wrong with what she said. But I obviously hoped that Joe Biden will be our next president, and he will be able to nominate the next justice. That is Democratic Virginia congresswoman Jennifer Weston. It appears Justice. Ginsburg's death has inspired a lot of donations to the Democratic Party. In the hours following the news of Justice Ginsburg's death, the party raised more than $31 million, demonstrating how the liberal icons passing and the contentious Supreme Court nomination fight that lies ahead are already galvanizing the party's base. Word of the fundraising comes from a donation ticker on the Website of Act Blew the party's on Find fundraising platform Senate minority later Chuck Schumer is telling fellow Democrats that nothing is off the table next year if Senate Republicans moved to fill Justice Ruth Bader Ginsburg Supreme Court seat in the coming weeks. Schumer, in a phone call with Democratic leaders today, said our number one goal must be to communicate the stakes of this Supreme Court fight to the American people. It's 10 14. And now the.