34 Burst results for "Justice Scalia"
Questioning continues on Day 3 of Barrett hearings
"News Special Report on Day three of confirmation hearing Supreme Court nominee Amy Cockney Barrett is still answering Democrats questions about whether she'll help kill Obama care If she's confirmed. It is the answer. Yes, and you're a little fish are all these questions you're suggesting that I have animus or that I cut a deal with the president was very clear yesterday that that isn't what happened. Barrett has long expressed her admiration for the late Justice Antonin Scalia, who was her mentor. But when I said that justice Philosophy is mind. Tio. I certainly didn't mean to say that every sentence that came out of justice. Scalia's mouth is one that I would agree with questions or continuing this afternoon. The hearing continues tomorrow instead of Judiciary Committee chair Lindsey Graham is calling for a vote tomorrow. This is the first time in American history That we've nominated a woman who's on its family, pro life. Embraces her faith without apology. And she's going to the core CBS News Special Report. I'm Peter King and continuing
"justice scalia" Discussed on KYW Newsradio 1060
"Report not up to me to be in the business of expressing use, and I am happy to talk about views that I expressed when I was a private citizen. But now I'm a judge. And so I cannot publicly express views time after time Supreme Court nominee Amy Cockney Barrett has denied Senate Democrats what they want her position on divisive issues. California Senator Dianne Feinstein asked the former Scalia clerk about gay rights. Do you agree with this particular point of Justice? Scalia's view that the US Constitution does not afford gay people the fundamental right to marry Senator Feinstein. As I said to Senator Graham at the outset, If I were confirmed, you would be getting justice Barritt. Not justice Scalia So I don't think that anybody should assume that just because Justice Scalia decided decision a certain way that I would to CBS News Special report. I'm Steve Dorsey. Campaign 2020 on K Y. W News radio coverage sponsored by Anthology Senior Living of King of Prussia. Joe Biden is in South Florida for two campaign events. Speaking to seniors north of Miami, everybody knows who Donald Trump is. I don't know who we are. Who we are. We choose hope over fear. Unity over division science over fiction. Yes, Truth over Live President Trump will be in southwestern Pennsylvania. Tonight. He's holding a rally in John's town in just about an hour in prepared remarks. The president is set to say Biden cares more about illegal aliens than senior citizens. While I'm president. No one will touch your Medicare or Social Security. 21 days to go until election Day, but less than three hours in New Jersey to register to vote. Capabilities. Mike Doherty visited the election office in Camden County to get a look at how things are going. A steady stream of voters filed through the entrance to hand deliver their ballots. I'm very excited. Jarvis Mayweather says He's here because he wants to ensure his vote is counted because I get lost in the mail. Now everybody contract the status of their ballot online. Inside the warehouse machines are already processing ballots, while some people fill out registration paperwork on the spot. There is a bipartisan effort to get the job done a lot of things going on inside this future house. Sarah Booker is the Republican administrator and says Stax upon stacks of ballots are coming in every day. They're going to run them.
Amy Coney Barrett: Trump Supreme Court nominee sidesteps questions
"Judge Amy Cockney barrettes getting a lot of pointed questions. For members of the Senate Judiciary Committee. Let's go live to Capitol Hill, W. GOP's Mitchell Miller today on the Hill, Senator Dianne Feinstein, the ranking Democrat on the committee, fired off several questions on major legal matters, including abortion. Do you agree with Justice Scalia's view that row was wrongly decided, if I express a view on a precedent, one way or another, whether I say I love it or hate it. It signals to litigants that I might tilt one way or another in a pending case, And in response to questions from Republican Senator Chuck Grassley and Democratic Senator Patrick Leahy, Barrett made it clear she's had no discussions with the White House about how she might rule in cases involving the affordable care act or the upcoming election. It would be a complete violation of the independence of the judiciary for anyone to put a justice on the court as a means of obtaining a particular result. Republicans have praised Barrett during the hearing, which is now in a brief break, Senator John Cornyn pointed out. She has no notebooks in front of her, except for a small white pad. Is there anything on it? That letterhead that says United States Senate that Zim president reporting live on Capitol Hill, Mitchell Miller. W T O P
Amy Coney Barrett won’t say if Roe v. Wade was wrongly decided, says ‘I don’t have any agenda’
"Marathon session on Capitol Hill, A Supreme Court nominee, Amy Cockney, Barrett is facing 11 hours of questioning. Democrats grilling her about her stance on Roe v. Wade and Obama care. It presented her approach to the law. As conservative and fair. Judges can't just wake up one day and say I have an agenda like guns. I hate guns. I like abortion. I hate abortion and walk in like a A royal queen and impose their will on the world. Barrett invoked her mentor, the late Justice Scalia, but declined to answer whether she agreed with Scalia that Roe vs Wade was wrongly decided, actually be wrong and a violation of the cannons for me to do that, as a sitting judge. A committee vote on her nomination is expected next week. Aaron Carter Ski ABC News, New York
Barrett faces questions on Day 2 of Senate hearings
"Day two of the confirmation hearings for Amy Cockney Barrett with the 10 o'clock report. I'm Sarah Elise Breaking. Now It's the second day in the confirmation hearings for Judge Amy Cockney bear it to the Supreme Court. But the first day of direct questioning Senate Judiciary Committee Chairman Lindsey Graham, starting the questioning, asking if there it could clarify her beliefs. As an originalist. I interpret the Constitution as a law that I interpret it's Texas text, and I understand it tohave the meaning that it had. At the time People ratified it. That meaning doesn't change over time, and it's not up to me to update it or infused my own policy views into it. While Barry says she's an admirer of her mentor, Justice Antonin Scalia, If I'm confirmed, you would not be getting justice Scalia You would be getting justice Barritt. Pointing out that even originalist can disagree in their interpretation of the Constitution and of law. It's looking to be a long day in the committee room. Each of the 22 senators on the committee will get a half a hour of questioning time. Dave
"justice scalia" Discussed on WBZ NewsRadio 1030
"About Roe v. Wade and Planned Parenthood. Of southeastern Pennsylvania versus Casey. Justice. Scalia, as was said earlier joined the descent. Which took the position and I quote We believe that row was wrongly decided and that it can and should be overruled, consistent with our traditional approach to starry decisis and constitutional cases. Do you agree with Justice Scalia's view that row was wrongly decided. So, Senator, I do want to be forthright and answer every question so far as I can. I think on that question, you know, I'm gonna invoke Justice Kagan's description, which I think is perfectly put when she was in her confirmation hearing, She said that she was not going to grade precedent or give it a thumbs up or thumbs down. And I think in an area where President continues to be pressed and litigated, as is true of Casey, it would be particularly actually be wrong and a violation of the cannons for me to do that as a sitting judge. So if if I express a view on a precedent, one way or another, whether I say I love it or hate it. It signals to litigants that I might tilt one way or another in a pending case. So on something that is really a major cause with major effect on over half of the population of this country, who are women, after all? It's It's distressing not to get a straight answer. So let me try again. Do you agree with Justice Scalia's view that row was wrongly decided. Senator, I completely understand why you are asking the question. But again, I can't pre commit or say yes, I'm going in with some agenda because I'm not. I don't have any agenda have no agenda to try to overrule Casey. I have an agenda to stick to the rule of law Decide cases as they come. Well, what I'm as a person. Uh, I don't know if you'll answer this one either. Do you agree with Justice Scalia's view that rogue can and should He overturned by the Supreme Court. But I think my answer is the same because you know, that's a case that's litigated it could you know its contours could come up again. In fact, do come up, You know they came up. Last term before the court, including today three more days of testimony in the Senate Judiciary Committee that was Democratic Senator Dianne Feinstein questioning Amy Cockney Barrett on Roe v. Wade..
"justice scalia" Discussed on KSFO-AM
"People like Justice Scalia recognized that At the end of the day, they served an institution and they did so with dignity and honor. Subscribing. Listen now by going to fox news podcasts dot com. Well as the Corona virus pandemic rages across the U. S. President Trump has declared himself free of the virus, but some questions remain. President. Trump says he's feeling much better, very eager to get back out on the road and one of the things that he's been doing that were used to see him doing before his part of Iris. Diagnose this tweeting the president had this tweet earlier today about his own health writing, quote, a total and complete sign off from the White House doctor's yesterday. That means I can't get it immune and can't give it very nice to know now. The president held his first in person event yet. Yesterday, hundreds of supporters showing up unmasked to hear from him. He was speaking from a balcony away from the crowd. There are still questions, though, concerning the president's health, including if he has tested negative yet for covet. The president has a busy week of travel ahead of him. Now that he's feeling better. It all starts tomorrow with the rally in Sanford, Florida, outside of Orlando, stops in Pennsylvania on Tuesday and Wednesday, a rally in Des Moines, Iowa. Fox's Mark MEREDITH also knew tonight the White House physician clearing President Trump for public events, saying he's no longer a covert 19 transmission. Risk. But the second presidential debate remains cancelled The commission on presidential debates to make the decision Saturday after President Trump declined to the alternative option of a virtual debate. I think voters are very frustrated by the corrupt Debate commission that they would cancel a second debate. I think it feeds into the belief that this 47 years that Joe Biden his hat isn't has had in D. C is again protecting him from facing the voters and Americans are frustrated. That this election commission interfered with our ability to see these two candidates Debate RNC chair Rana McDaniel on CBS's Face The Nation plus Supreme Court nominee Amy Cockney. Barrett vows to be a justice fearless of criticism as the Senate charges ahead with confirmation hearings that start today. There. It says she would bring a quote a few new perspectives as Thie, first mother of school age Children on the court. Primary.
"justice scalia" Discussed on 600 WREC
"She should recuse herself. I'm Joe to Europe. Fox News the words of Senate Minority Leader Chuck Schumer today on Supreme Court nominee Judge Amy Cockney Barrett. Schumer says If Barrett is confirmed, she should step aside for many cases involving the outcome of the election and the upcoming challenge to the affordable Care act. Other Democratic lawmakers opposed Barrett, including Delaware Senator Chris Coons, She has taught at a well regarded law school. She clerked for Justice Scalia, but she has views that make her Not qualified to serve on the Supreme Court. But Republicans like Nebraska Senator Ben Sasse, disagree. If Amy Barrett were running for the United States Senate from the state of Illinois, she would have policy positions that she'd lay out to the American people. That isn't what a judge's job is Sassing Kun's both on Fox News Sunday. Bear is expected to face questioning and confirmation hearings beginning tomorrow over the issues of abortion, healthcare and her faith. President Trump's back on the campaign trail tomorrow, stopping First for an event in Florida. The president telling Maria Bartiromo on Sunday morning futures. He feels great after receiving antibody treatments, calling them a cure. The entire body kind of thing that I took was I felt I felt really good almost after taking it. A White House doctor earlier released a memo saying the president meets the criteria for discontinuing isolation. Democratic presidential nominee Joe Bytom resumes his campaign stops tomorrow in Cincinnati and Toledo more than 300,000. Customers in.
"justice scalia" Discussed on KSFO-AM
"But for Justice Scalia, but she has views that make her not qualified to serve on the Supreme Court. But Republicans like Nebraska Senator Ben Sasse, disagree. If Amy Barrett were running for the United States Senate from the state of Illinois, she would have policy positions that she'd lay out to the American people. That isn't what a judge's job is. Assassin Kun's both on Fox News Sunday. Bear is expected to face questioning and confirmation hearings beginning tomorrow over the issues of abortion, healthcare and her faith president. Trump's back on the campaign trail tomorrow, stopping first for an event in Florida. The president telling Maria Bartiromo on Sunday morning futures. He feels great after receiving antibody treatments, calling them a cure. The entire body kind of thing that I took was I felt I felt really good almost after taking it. A White House doctor earlier released a memo saying the president meets the criteria for discontinuing isolation. Democratic presidential nominee Joe Biden resumes his campaign stops tomorrow in Cincinnati and Toledo more than 300,000. Customers in Louisiana remain without power after Hurricane Delta pummeled the state. Felt it came ashore Friday night with winds topping 100 miles an hour. No deaths have been reported, and Raphael Nadal has won the French Open bidding Novak Djokovic. He now matches Roger Federer with his 20th Grand Slam title. America is listening. Fox News In San.
"justice scalia" Discussed on KQED Radio
"I think what you would see of a justice Bharat is the same thing that you would see that we have seen of a judge Barrett on the Court of Appeals and what she's participated in over 600 decisions. She approaches every case with an open mind and A foundational commitment that either side might be right. And it's the law and the facts. That guy the decision, Professor, nurse, let me have to ask you the same question about where do you think this? This shift on the court this new justice if she is confirmed, how would this change the direction on ideology of the court? Well, I have to say, I think that this is going to be the biggest shift since Thie early 19 thirties. For FDR attempted to pack the court, which I believe was unconstitutional. I don't support that. But its tremendous because you'll have six votes. Justice. Scalia's philosophy about reading text is not traditional. It's not black Stoney, and it doesn't go back to 17 87, and it's been very hostile to laws in that because it would have you know if she voted as justice Scalia did in the first health care case, as she said. We would not have obamacare. There was a second case again. Justice clearly wrote that one So Well, you're going to see is a continued hostility toward the Congress, and this court also loves the presidency. They're very interested in what Justice Scalia misquoted the Constitution. In my view when he said the president has quote all executive power. That's not what the Constitution says. So I think it's a momentous appointment. I unfortunately I think it's going to be mired in a terrible politics. Andi. I hope people will focus as John and I have on these theories and what they really need not just the sayings. They all lawyers are We're happy to give you great words about the rule of law with that Look at what people have done with the philosophy. Not what they say about it. Because you you know you talk about this momentous this big moment short time before the election a fundamental shift in the balance of the court. You worked for Joe Biden Not only in the White House, but on the hill when he was on the Judiciary Committee. What? We're going to hear a lot in these these hearings. What is fair? What's a fair? A line of inquiry And what do you think is out of bounds? I certainly think her Children around downs. I think her religious user out of bounds. You know, when I was actually nominated to the court, the seventh Circuit I never got a hearing, but my kids were threatened. I think people have to be very careful now. People are so worked up because of the pandemic, and there's just way too much. Enmity in this Brighton was once taught me that, you know. I can really enjoy Amy Barrett Judge Garrett's company, and we could have a great debate. But I can say I think her views are dangerous. And so I hope that we work hard. To focus on the view's stay away from the kids, John, You know the judge. She has been placed in this situation not of her own making and the the the environment. In which her nomination is going to be considered. How do you think she's going to be able to handle it? I think she's going to be able to handle it very well. I I know Judge parent. She is someone with amazing fortitude and poison principle, and she'll carry those same attributes as she goes through this very difficult process. Nurse. I appreciate you saying, what's out of balance. I agree with you, but I respectfully disagree with you that her views are dangerous. She is someone who neutrally applies the law and you can see that her neutral principles have been respected by the unanimous bipartisan support that she received as a law professor from the northern name law faculty, as well as her co clerks. When she clerked on the United States Supreme Court for Justice Scalia, every single one of her co clerks for all the justices supported her. During her confirmation to the seventh Circuit, And it's that type of neutral application of law that will make her a great justice. John Adams, Victoria nurse. We're gonna have to leave it there, but I think we've gotten a sense of what we're likely to be going through for the next couple of weeks. Thank you very much. Thank you. Thank you very much. As September comes to a close A challenging deadline.
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.
Trump To Select Amy Coney Barrett as Supreme Court Nominee
"This edition from NPR News. I'm Scott's time and we are expecting President Trump to announce Amy Cockney Barrett as his nominated. He was Supreme Court this afternoon. Judge Barrett sits on the seventh Circuit Court of Appeals. Ah, in in Chicago, although she's in Indiana and served his clerk to just Saturnian, Scalia. She, of course, would fill the vacancy left by Ruth Bader Ginsburg, whose life and career were honored at the court in the capital this week, and you will be buried next week at Arlington National Cemetery. Let's now welcome Michael McConnell of Stanford University law professor and former federal appeals court judge. Thanks very much for being with us, sir. It's a pleasure. I gather, you know, Amy Cockney Barrett. What's your estimation on her apparent nomination? What kind of justice you might be? Well, I do. Ah. She was a professor at Notre Dame Law School for about 15 years and then Now that capacity I knew her fairly well, she is. We're not personal friends, but I'm in admirers of both her academic work and her performance on the On the seventh circuit. Uh, she's I think a completely unsurprising nominee. Even her opponents recognized that she's extremely qualified, highly and intelligent, hardworking. What are personal Friends knows what in it. Fantastically warm, kind, considerate human being she is and she's I think she'll be an inspiration, especially toe working mothers like like my two daughters, because, and it's just seven Children, including Two adopted Children from Haiti. One right in the wake of the terrible earthquake and on almost everybody who knows of Amy has a story about just how and how she She is so kind and does just considerate things in ways that no one whatever I know about not publicly, but just on a cz, a wonderful warm human being. Let me ask you about some of the public stuff, though, because you're a former U. S appeals court judge and, um I wonder if you've taken note of any particular rulings that she's had the chance to make in her time on the bench. And not quite three years as an appellate judge. He's written 100 opinions, which Dad and itself is pretty impressive. That's Andi. They are. You know, I've not read all of them, but I've read quite a few of them and they're consistently Love of a kind of restrained, very lawyerly of fashion sheep. She clerked for Justice Scalia, who was a brilliant writer, she doesn't write like Scalia. I'm You know, for better or worse. Her opinions are not very rhetorical. There. Ah, rigorous. They are much more low key. Er than that on DH. You know her, and they're just they're consistently conservative, but mainstream conservative. I don't think There's not an extremist bone in her body does does she have opinions? That might surprise some of her supporters every now and then? Ah, every now and then. Ah! Of course, no one really knows where any judge is going to come out on every and maybe we should remind ourselves calling someone a conservative jurist doesn't mean they will always vote a certain way, right? That's right. And the modern legal conservative movement is little different from conservative politics because the conservative legal movement is really mostly about having a more restrained Roll for judges that they ought to read the Constitution modestly with humility, not reading their own preferences into it, And that generally means leaving legislatures and the Congress to make most Democratic choices rather than having the court be like a super Legislature. Stanford law Professor Michael McConnell. Thanks so much for being with us, sir. Thank you.
Amy Coney Barrett: What you need to know about the potential Supreme Court nominee
"Who was being considered for the Supreme Court. More on Amy Cockney Barrett, the front runner on the president's list. She is about his conservative, A sitting appeals court judges you will find she has cast votes during her just three years on the seventh Circuit that make clear that she holds an extremely expensive view of the Second Amendment so would likely vote to strike down. Gun regulations. She seems to have even a more expansive view of the Second Amendment. Then Justice Scalia, her old boss, who wrote the Heller decision that identified an individual right to keep and bear arms in the Second Amendment. She has cast votes that I think reflected deep skepticism of Roe versus Wade in a constitutional protection for
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 scalia" Discussed on KQED Radio
"Move forward with this, there's little Democrats Conduce a block it Would you be open to adding additional seats to the Supreme Court? You know, I'm not going to speculate on what we might do, because, frankly, that's a purely hypothetical situation. At this point, we have to win the presidency would have to win the majority. And frankly, what we do then will depend on what Republicans do now and what we think the country can bear. We're in the middle of three crises right now, Jen, a nationwide public health pandemic, the worst in this century, the worst recession that we've had since the Great Depression. And a renewed focus on racial justice on the need for us to address equities both in health and education, opportunity and policing. We're going to need to find a clear path forward. To address all of these and the Republicans and the senator merely throwing fuel on the fire by doing this on trying to install a generational 6 to 3 conservative majority on the court in a way that just compounds The grievance caused by their holding open for so long sheet of former Justice Scalia, Justice Scalia and Justice Ginsburg. As you noted, we're friends, and one of the things that I've repeated in recent days is a quote by Justice Ginsburg fight for the things you care about, but do it in a way that will lead others to join you. I'm concerned that this body, the Senate Is becoming more and more divided, more bitter and more partisan and simply threatening each other publicly. Mohr, I think contributes to that division very briefly, Senator, we're going to be speaking about the pandemic for the rest of the hour. There have been reports that emerged from NBC that says the CDCs directors undercut the work of their own scientists. And there's concern that the CDC director Robert Redfield, escaping to political influence instead of protecting the integrity of the agency's work. Do you think Robert Redfield should resign? I don't have the evidence right in front of me. I'm not a member of the relevant committee. I know there's a hearing on that this morning, but I work closely with Tom Frieden, His predecessor. Who repeatedly has publicly commented there was only one political appointee when he was there. Now there, six or seven. There's clearly political influence of footed the CDC, and it may require some remedial action as you suggest. That's democratic Senator Chris Coons of Delaware. Senator Thanks for your time. Thank you coming up the longest covert 19 cases they're supposed to last eight weeks. But more and more people are reporting long haul symptoms and potentially permanent.
Judge dreadthe fight for Ruth Bader Ginsburgs seat
"On Friday US Supreme Court. Justice Ruth Bader Ginsburg died of cancer at the age of eighty seven. A candlelit vigil was held the following day outside the Supreme Court. Justice. GINSBURG was only the second woman appointed to the Supreme Court after being nominated by Bill Clinton in one thousand, nine hundred. I. In. Solemnly swear he was a champion of women's rights, and later in life she achieved restore status especially among young women. Now her death has set the stage for a divisive battle to replace her on the court. She was born in Brooklyn to an immigrant Father Dad was from Odessa in in Russia and to a first generation mother she was Jewish John. Fascination is the economist Washington correspondent and she was a trailblazer throughout her life. She was one of only nine women among five hundred men at Harvard law school, and when she arrived. Erwin griswold, who was then the Dean asked women in the class to stand up and justify taking a spot that could have gone to a man. She said the reason she took the spot is it was important that she understood her husband's work that would've made her husband Marty last Mardi was tax attorney well known in his own right he predeceased her but they had a famously loving and productive and equal partnership. She had a relentless work ethic in. Twenty five years in the Supreme Court she never missed today she's arrived four bouts of cancer before this fifth one killed her it was only after she got sick that she called by phone to oral arguments. I. Think People often have this idea that Supreme Court justices are sort of Stentorian wizards ready to shout down lawyer who they disagree with justice. GINSBURG was not like that she spoke very slowly very deliberately, which mirrors I think how she wrote and how she argued and how she thought she was meticulous. She was precise she she was not a showy justice. She came onto the court actually considered a moderate. There are a lot of people on the left who were upset when she was appointed because she was considered sort of two centrist. But as the court steadily moved rightward during her tenure, she has found herself the de facto leader of the courts liberal wing. Junk she spent a long time on the court. What did she achieve? Well, she was on the Supreme Court for Twenty seven years, and before that was on the DC Circuit Court of Appeals, which is widely considered the second most important court in America for for thirteen. So she was a judge for forty years I was age sixty when I was nominated in some people thought I was. Too Old for the job. Now I'm into my twenty-seventh starting my twenty-seventh year on the courts on one of the longest tenured. Justices. So if you worried about my age. It was unnecessary. Before that, she argued six cases before the Supreme Court and she was involved with thirty more as the first director of the US women's rights project. The first of those report court cases was in Reid versus Reid for which she wrote a brief arguing against the law in Ohio that preferred men to women in naming executive estates. She won that case in her first oral argument before the Supreme Court. She argued against the military policy that denied many husbands, officers, the same housing and medical benefits that automatically provided officers. Wise. The thinking was that women are somehow inherently more dependent on their husbands and husbands on their wise. Now, in that case, remember she effectively represented the husband she represented family but she represented the shoes argue in favor of the husband's benefits and she austin said that she was not arguing for women's rights she was arguing for the constitutional equality of men and women. Her death is come at a critical time in American politics. It's just six weeks away from the election. So what impact does that have? Well I think it's a little too early to say that definitively. It looks as though both sides are gearing up for battle, but they seem to be quietly circling each other in two thousand sixteen. The Supreme Court is central to Donald Trump's success I think because. There is an open seat in two thousand, Sixteen Justice Antonin Scalia died, and Mitch McConnell who is then the Senate minority leader rather than hold a hearing on Barack Obama's chosen replacement for Justice Scalia whose Merrick Garland he came up with a rationale disguises the principle which was that the causing election was coming up the speech beheld open. So the voters could decide now that had never been done before it was clearly a power play. It was a live sort of issue for Republicans impelled I think a lot of them who otherwise would have held donald trump at arm's length to decide that just had to vote for him this time I. Think Donald Trump is hoping for a similar effect this time, but he also wants to get the filled as quickly as possible. For Democrats donations had started pouring in, they have been pouring all weekend. Democrats seem riled up by this. I think in their view if Donald Trump managed to get a successor onto the court, this'll be the seconds effectively stolen seat right? The I was Neil Gorsuch. who was given the seat that was held open by Mitch McConnell, and the second would be whoever donald trump nominees to replace justice GINSBURG who gets the seat because Mitch McConnell did not follow the principle he set up in two thousand sixteen. John Do you think Senate. Republicans have the numbers to they have the votes to get in trump's nominee through before the election. Well this is the question on everyone's mind. Right so far Susan Collins and Lisa Murkowski Republican senators from from Maine Alaska, had said that they will not vote for replacement before November third they have said that the president who wins on November third you choose the replacement now that only gets Democrats to forty nine and they need fifty one because in the case of a tie Mike. Pence cast the tiebreaking vote Lindsey Graham had previously said he would abide by Mitch McConnell's rule from twenty sixteen. He has now gone back on that apparently because he's angry Democrats didn't roll over for Brad Cavanaugh Chuck. Grassley, who's a senator from Iowa has also previously spoken in favor of McConnell's precedent. I, have a very hard time imagining that when push comes to shove, he'll stand by his. Word and so there really is nothing Democrats can do unless they can persuade two other Republicans to come join them, and if they can't persuade those Republicans and tip the balance what happens. Then what are the consequences for the years ahead on American politics? It's clear that what McConnell did in two thousand sixteen was a tremendous violation of norms I think it's not a good principal to. Uphold I think arguing that this is now how Supreme Court seats should be awarded that in an election year, you effectively have to hold the seat open until the end of the election is a bad precedent but I think there's a difference between saying Republicans should be consistent for the sake of consistency and Republicans should follow this principle because that's how court seat should be given out now. From the Democratic Base, there's been a tremendous push to threaten Republicans with repercussions if. Retake. The Senate and the president in that includes making Puerto Rico in Washington DC states, which would effectively at least in the near in medium-term Give Democrats four senators people have also been talking about expanding the court. So the reason they are Nice Ring Court justices is not constitutional legal. It's just a statute. So if they were minded and had a majority had a president who would sign it into law, they put eleven or thirteen justices on the supreme court. The problem with that for Democrats I think is that it sort of shifts the terms. Of the debate that they are now winning I think the way Joe, Biden has pitched. This campaign is on the one hand. You have the sort of chaotic destructive Donald Trump on the other. You have Joe Biden Palm known figure who will get us back to normal. If, he comes out and endorses expanding the court or State of DC in Puerto Rico, which to be clear he has not done. He is actually a opposed expanded from court but if he comes out if Democrats threaten this, then the debate becomes a lot murkier. Then it becomes the radical change that Joe Biden wants to do right take fifty, two states and putting thirteen on Supreme Court against Donald Trump will keep things as are I think that debate does not play out very well for Democrats. John Thank you very much time.
Mitch McConnell vows US Senate will push on with Trump's pick to replace Ginsburg
"Nation mourns Supreme Court Justice Ruth Bader Ginsburg, who died last night. CBS is Nicole Killian reports that all eyes are on the political battle already raging over who will replace her on the nation's highest court. Senate Majority Leader Mitch McConnell said President Trump's and nominee will receive a vote on the Senate floor. On average. It takes about 69 days to get through the confirmation. Process, and there's just 45 days left until the general election. The Republican led Senate refused to vote on former President Obama's final Supreme Court nominee Nine months before the election. John 48, the bipartisan policy center, Republicans refused to confirm a Obama appointee after the death of Justice Scalia and there have been a couple of other cases like that the difference being that the Senate was controlled, of course by the opposite party. Mr Obama is calling on the Senate not to fill the Supreme Court vacancy yet
Mitch Mcconnell Vows Us Senate Will Push on With Trump's Pick To Replace Ginsburg
"Along to John Lennon's Imagine Mourners at a vigil in San Francisco for the late Ruth Bader Ginsburg. As a woman. I have rights in this country that are protected in law that did not exist a full generation ago. And a lot of the head had to do with what RBG date or death Friday at the age of 87, drawing people far and wide to pay their respects, most notably at the U. S. Supreme Court represents so much so much progress that's been made so I just felt like a natural place to be. Now be a political fight over when and who will replace Ginsberg on the High Court. Senate Majority Leader Mitch McConnell, releasing a statement Friday, saying there will be a floor vote on a trump nominee will be able Two. Four through a replacement for Peter Ginsberg in the left seven weeks remain until election day in the lame duck session that comes after that. It's an open question. Remember what happened when Justice. Scalia died at the end of President Obama's term. Mitch McConnell, the Senate Republican leader, said. We're not going to prove we're not gonna get hearings to any replacement, which is that President Obama. A point in an election year. NBC's George Stephanopoulos, the
Charlie Kirk: Coronavirus stimulus
"And you have Schumer Pelosi. In Biden one hundred twenty five years, Charlie Kirk of failure, unmitigated failure, swap failure and I. Think of my kids. You met my son. He's twenty one years old. My daughter's eighteen and I would think about your America their America and when I say you know, live free or die, American, the world on the brink I'm not joking. And very specifically will be probably the biggest choice election by far in my lifetime, and maybe since eighteen sixty, and there's a lot at stake We can go through the issues if you want, but it's. It's there's there's not one issue we agree on that. I can think of for the most part yet, and you wrote this, and it just really sent chills down my spine. You wrote this book to sound an alarm as a warning. Warning to my fellow patriots about the left's undying commitment turn America into a land, our parents, founders and framers wouldn't recognize it. It's perfectly put, and that's the direction that they're headed on page twenty seven. You have a great part about how Ben Franklin says we ever republic. If you can keep it, can you talk more about how this truly is? A referendum election in some sense and the left is trying to do to our country. Well the the story about Franklin's interesting, because it's, it's the constitutional convention and somebody says he comes out one days, says, is it a monarchy republic republic? If you can keep it Reagan, I quote him off. When I give speeches, said Freedom Charlie and you know this is but one generation away from extinction. And you know when if you want understand if socialism is adopted if their stated goal is adopted America as we know, it then becomes unrecognizable look, I can understand psychologically. There's a component of maybe people that that have been indoctrinated in schools, and you're great at this because you're going in to hostile environments every day, and you're saying you know what there's another way of thinking here, so maybe the idea that people think Charlie that some things are oh, everything's going to be free and they're gonNA forgive my loans at I'll have a guaranteed government job guaranteed government food. How did obamacare workout now? We're GONNA have Medicare for all or or double down on the stupidity of Obamacare and guaranteed retirement. Guaranteed vacation sounds great. But simple math shows you that you'll never get there. And that's why in the Fourth Chapter of the book did this whole history of socialism which is a history of failure? The point is look at the issues. If if we're talking about law and order. They've cited in Portland in Seattle and new. York and Chicago with the radicals. Joe Biden his yet that I know of said one good thing about the ninety nine percent of cops protect and serve and put their lives on the line for us every day. You're right. Okay, so law and order taxes. He's pledging to raise your taxes through the roof. That will destroy the economy Then they're gonNA just add all the bureaucracy. The Donald Trump spent almost four years. Eliminating that'll be gone. That means nobody's GONNA WANNA DO Business. That's why the Biden Obama economy was so bad. Then you look at where now energy independent for the first time in seventy five years with a number, one producer of energy in the world will lose that for sure We'll shut down coal fracking. Oil Gas exploration production those tens of millions of jobs high paying jobs career jobs for people. Then it's about amnesty. Or the United Sanctuary states of America versus Border Security and law and order of never mind foreign policy. We haven't even touched that part yet, so. There's a lot at stake. If those plans stated plans are implemented. America will go down the past you know. The Trash bin of history as Reagan, said Freedom One generation away from extinction we will. It I shudder to think what will happen the three you and your children by kids, and and maybe one day grandkids. ARE READY FOR THAT And I love the framing, because as the founder said either we're GonNa live free and defendant right now, or we're gonNA. Have a country that you know. We don't WanNa live it, and that's really the framing. That is so important right now, and you talk about and I'm really pleased about this. Shawn because I think we have forgotten about the Russia hoax too quickly in. In the conservative movement, you have been the leader on this every night. You were covering it. You didn't let us forget you help. Muller Accountable, you had investigative journalism and it just seemed that an Oxana names, but other conservatives just kind of drifted away from like Oh. That's what happened happened. You have two chapters on this in the book. Can you talk about that? Yeah I mean I call it Charlie, the the biggest corruption abuse of power scandal in history and the Ukraine was oh. Okay, we failed with Muller after three years. We won't. We won't even bother with a special prosecutor not to I'm going backwards here but to get to Ukraine. You? Know they're talking about quid pro quos, but you have to ignore their presidential candidate on video saying you're not getting a billion US tax payer dollars unless you're fire. That prosecutor is named Shokhin. WHO's investigating my son Hunter who went on a and said? Do you have any experience in oil? No Gas, no energy, nope, any experience in Ukraine. Nope, why are you being paid millions? No, because you dad, so there was a quid pro quo and millions of dollars for the Biden I call crime family. That's exactly right, so. Listen and China's even worse. You get to this whole thing what we now know and I believe what's coming. It's like, and this is where the media's corrupt because. They're just the propaganda wing of all things democratic. Socialist. We now know and have all the evidence that we'd ever need is that they protected their favorite candidate. Hillary Clinton. For things you and I and everybody you know that follows you and you have a massive audience would. Literally never get away with. If you had subpoenaed emails Charlie Kirk and you decided to delete them, and you decided to acid. Wash your hard drive with something. I had never heard about bleeped bleach bit and bust up your devices with hammers. You'd go to jail. If you violated the espionage act, you'd go to jail. They protected her. Then the narrative began we now know began in August. We know crossfire hurricane representatives actually went to brief. President Trump General Flynn. Flynn on national security, but they were there to try and get information on trump and Russia, the most amazing part of this, because the Democrats and the media live for all these years is that they knew and they said and they wrote, and they even testified. There was never any evidence, but there was a dirty Russian dossier. And now we know even the New York Times acknowledged full full of Russian disinformation and that was used. And they were warned not to use it, but high ranking people abusing their power, wanting to take out candidate, trump, transition, team, trump, and then deep into the Presidency Donald Trump. They use the dirty Russian misinformation dossier to ruin Carter pages life and roomed his civil liberties and constitutional rights, but more importantly to spy on candidate trump, and then they had their insurance policy. The fact that the mob in the media ignores it is beyond comprehension. I have so I have two chapters. One is on the Russia hoax, and the other is on this whole impeachment witch hunt. And I want everybody in your audience to understand one thing here if I can get one point across. Yeah, they hate Donald Trump, but they hate us more. They think we are as Peter. Struck, said the smell by the way I probably shop at Walmart say money. Why not you have a woman I love Walmart I love COSCO's. I Love I love it all. And I've shopped there my whole life I mean people always stopped me when I'm in a grocery? So, what are you doing here? Shopping? Wa I like to eat a cracks me up. So but think about that. smelly Walmart Shoppers while irredeemable deplorables, wow! Bitter Americans as Obama said that WANNA cling to their God. I'm guilty their Second Amendment Rights Guilty Bibles and religion I'm guilty of that, too. But. It's contempt for your audience. It's contemporary my audience. It's because they knew better. And they will ling. This was an attempted coup. Now do I think there's going to be arrests and prosecutions I? Do spend much slower than any of us would have liked, but the evidence is overwhelming. It's incontrovertible sad actually that this could happen. That was going to be my follow up. Question Sean because when I travel and we get thousands of e mails a on this topic. When are people going to go to jail? And can you give me insight on this? Can you give us any clues any crumbs that we're starting to see from Durham? It's I call them. It's funny. You say crumbs because call them the the Attorney General Bar breadcrumbs. It's like Hansel and Gretel. Remember. We're we're trying to follow and see the trail exactly yeah. He did say that the president was spied on. It did happen illegally. The. Think about this. If you go before Judge Judy I wouldn't WANNA lot because Judge Judy I. I've met her once she'll eviscerate. You I watched her show. You. Don't go before a court. The information that you have not verified. It actually said at the top of a FISO Warren Charlie. It says verified. Okay. We now know the dossier was unverifiable. The sub source we now know, said this this bar talk. We were making this up. This was never meant for anything and again Hillary paid for it funneled money separate issue. And so, what is going to happen I don't have a crystal ball but I. do know all of the facts that are in the public. Are Enough to indict many of the names that your audience is most familiar with. I would argue. Komi McCabe struck page. I'd like to know a clapper. Brennan's role in all of this ends up being and and others. The more fascinating deep question is. Will they get to that January fifth twenty seventeen meeting inside the Oval Office? This is when member Biden said George Stephanopoulos Oh I. Don't know. Anything about this, you know this whole impeachment Russia thing. He was the one same. Bring up the Logan Act fifteen days later Susan Rice in that meeting did the Cya memo the day that Donald Trump was inaugurated. Obama in that meeting shot Sally Age by saying a He. He knew everything about the Kislyak Michael Flynn call. If we look. To sum it up. I think we're GONNA get there because the evidence. Is that overwhelming? If we don't. I fear for the country? Because of you. GonNa Raid Manafort's home predawn raid and you're going to raid Roger Stone's home. For lying to Congress by the all many of the names I mentioned were referred for the same crime and you're gonNA. Pull it twenty nine guys in tactical gear, frogmen and tip off CNN cameras and. Have a biased jury for person. We won't have equal justice and equal application of our laws, and worse than that Charlie is. We lose our constitution. Yes, all our laws are are predicated on next great document and some `perfect, but it creates the path to perfection at a more perfect union so. Long answers. I'M GONNA talk. Show I love it. No, this is what our audience needs to hear, and and thank you for that and look I I completely agree because if we do not have people and I, say this as carefully as I can in handcuffs for what they did Donald Trump then I I will lose faith in the American justice system I. Don't want that and I don't want revenge I don't retribution I want people to be held accountable and I would want the same if someone did this to Barack Obama because it should never happen to a leader ever. Yes. and. They've gone after every single trump friend confidant, and yet if you oppose Donald Trump you get different treatment, talk a lot about the constitution in your book and the founding of our country, Sean going to be honest, I've been very let down by some of these supreme. Court decisions lately Can you comment on that and the importance to get more people like Kavanagh? Who's actually ruled brilliantly? Unlike John Roberts. I! I'm a little. I don't know what's happening. Roberts I have my theory I guess I have my sources people that. have their own ideas based on some knowledge? For whatever reason and I think this goes back to the obamacare decision. He has allowed. How the court appears to influence his decision making. I also sense with no evidence whatsoever. You're not a big fan of president trump, but that should not come into his thinking. Now. If getting rid of bureaucracy and lowering taxes and energy, independence, and securing our borders, and law and order are all part of this election. Let me tell you another big part of it. And it's you know we're taping this ninety. Whatever days away from the Election Day, I what about and we got asked. What about the Supreme Court? Yes, I go through a whole list I. Forget what paid maybe sixty seven I forget. A. In the book. Of. All the things Democrats would do if they're getting power one, is they? WanNa, stack the courts. Get rid of the Electoral College. And I. What, they're saying they. WanNa do is scary. They used to hide it Charlie. When I every single Liberal Democrat running for office, they would run to the left in the primary. They race back to the center, but you knew they wanted the left. There now openly embracing the most radical elements in the country and you know. Unfortunately we're watching it all. Play out nightly on TV and and that sad what I see happening when I think we have to remind a trump supporters that these are not trump appointed justices, a gorsuch I think ruled incorrectly on one ruling. That's it besides that gorsuch and cavenaugh have been tremendous and terrific verses Roberts. I just think we have to give the audience a sense. Sense of continued conviction that the trump appointed justices will continue to rule correctly and Clarence. Thomas and you know the the Thomas Family. They get no credit at all. I mean what he has done. And can you comment on that? 'cause I, E, you've actually been you open my eyes to that like eight years ago and I never learned about Clarence Thomas as a high schooler until you I mentioned it just as a quick aside on his incredible career. I like to do on TV and antidote on radio, too. Sometimes I call it the Hannity history, lesson 'cause I lived through all of this. I know this is going to see. You're not even thirty three, but my radio journey started in nineteen eighty-seven crazy right. Now on my twenty fifth year of Fox, I didn't think I last two. So I feel very blessed. As a side note if you haven't read my grandfather's son. Which is about Clarence Thomas is life. It's amazing. But. You know it's interesting because him and Scalia. To my opinion, my to most favorite justices in my lifetime. Scalia this incredible wit and genius and understanding and. They got a little acerbic side to when when he was questioning Clarence Thomas always set by quietly. What they called a high tech lynching at the time, the more modern. Let it. You gotTA. Remember Yeah. And you know. It was then Senator Ted Kennedy you know Robert Bork's America the borking of America. That was Clarence Thomas. Now we see it more recently cavenaugh. It exposes. The, who is Joe Biden? Who is his team? Because Clarence Thomas and Justice Scalia or the people we need on that court. We call them constitutionalists or originalists, the original intent, not people that would sight foreign law as liberal justices have done or not people that feel that they can rule by judicial Fiat and dictate or legislate from the bench. Democrats always wanted the court to do that which they could never. Do legislatively or win at the ballot box and that's why they want. We call them. Activists Justices Clarence Thomas. has shown a fidelity to the Constitution at the Antony Scalia. That is beyond enviable And the differences styles always interesting, too because Justice Thomas will always be quiet. That's very few questions. Anthony Scalia was in there in a wrestling with people. I don't know about John Roberts. I can't get into it, but I do believe the next president United States is a very good chance. You have a lot of older justices may want to retire. And I think that the next this election in just three short months. That's on the ballot and that's that's generational now. And Sean I think we have to pressure the Biden campaign to do what trump did and release a list of justices I mean president trump was so transparent and Joe Biden hasn't done it yet. Intentionally, of course, because he'll probably put repeated to lieber something on the United States Supreme Court I mean as horrifying as that might be so in two two quick closing question Sean and thank you for being so generous with your time anchorage, everyone you know. Know go by live, free or die. the first is this. Can you just talk about? We are heading into the election. A lot of trump supporters. They're failed. They're falling victim. They suppression pulse I wish that wasn't the case, but it seems like the memory of two thousand sixteen as faded where people forget. We were down by double digits. Can you just give a little vote of confidence to some of our listeners out there? That think we're just losing. I WANNA. Give the vote of confidence, but I want people to feel this way. I want people to think I'll use a football analogy that our mutual friend Linda that you know. Who's your biggest fan? My radio producer? He's amazing. Amazing, but she doesn't even know how many points you get a touchdown, so I'm giving these football analogies. I, want this election. I want people to feel the way I feel which is. We're on our own twenty. Two minutes to go. We have no time outs We're down by six. We got a cross. The plane marched down the field, cross the plane and hit the extra point to win. So if people feel a sense of genuine urgency and worry and concern, I'm cool with that because fear often as a great motivator, not irrational field fear, but if people do not vote, you will get the government that they're telling you. They're going to give you believe. That that is their agenda. To be a Republican and win. You GotTa always use this analogy got to run the table I gotTA. Get Florida Georgia North Carolina can't win without Ohio. No Republican's ever become president without it right? You got hold Iowa then you got pick off Pennsylvania Wisconsin hopefully Michigan maybe MINNEA- Minnesota will be play. Maybe the city of Arizona will be in play. By Joe Biden reference for those of you. That didn't get. We got a hold Arizona Gopher Nevada New Mexico. New Hampshire and Maine's second congressional district. If every single mom, this is a battle cry. You started out this interview with this. I wrote this book not because I like writing books. My last book I donated every Penny I made to charity I don't care. It's not that. This is a tipping point. Charlie this is I, don't. See if these policies are implemented how America recovers. Irreparable harm the to the rule of law to our courts to our economy, they want to wipe out the lifeblood of of the world's economy. This this promise of socialism and I go into such detail about how it's always failed. Here's a quick socialism of example. Member obamacare. Keep your doctor keep your plan. Save on average twenty five hundred dollars a year per family right? Okay. Millions lost their doctors. Millions lost their plans. We're all paying about two hundred percent more and add to that. Forty percent of Americans almost forty percent have only one obamacare Biden Carriage James Choice now. How did they do with that promise? Medicare is going broke. How did they do it? That promised social security. Charlie hate the break this here. He paying into it. You probably won't get it I. Barely Skate through, and they might give me ten cents until they means tested and then take it back, How does it? How did Liberal government work in New York City with all the anarchy cutting a billion dollars, so please? How's IT WORKING IN CHICAGO? All. These liberal cities have where the violence we've been talking about takes place. They all have one thing in common. They've been run by Liberal Democrats for decades right. Most of these states have been run into the ground by Liberal Democrats for decades. If you WANNA know what America will look like if Biden Bolshevik Bernie. Pelosi Schumer and Bozo. That team gets place look at new. York state and city look at Chicago the City Illinois. The State Look at California. Look at Oregon. Look at Portland, the city. Look at Seattle. Look at the state of Washington. Yes. And I. Love this country too much. You know it's an all hands on deck moment and Every everyone of you've got this connection with younger people in this country. You have this incredible. A credible platform you built, and it's become powerful and meaningful and transformative to the country, and you're going out there, and you're fighting on these college campuses and you. You know it's not easy to be in the middle of a I call it a shift. Show all the time, but let's well put, but you do it. And it's freedom works. Every time you give up freedom for security, you lose your freedom because the security that they're offering. These promises that can never ever be fulfilled. In America. The land. I'll close with this unless you want to go further I can keep going the. Barry Farber who was a mentor of mine. Just recently passed away like ninety ninety one. And he always said there's never been a country in the history of mankind that has accumulated more power and abused at less than the United States well I add. A country in the history of mankind that has accumulated more power abused at less, but used it to advanced human condition. The reason America is great and exceptional. If I can say that today, it's not perfect, but it's great. An exceptional is because of its people, and because of the fundamentals of liberty and freedom. So that? Natural rights versus government or rights, natural rights come from God doubt by our Creator. Life Liberty pursuit of happiness while you can't pursue happiness these days in Chicago New York Moreland Seattle. So there's a lot on the line. I love your audience. I'm so thankful for all you're doing, and you've got a great team that you building review and you're out there fighting the fight and I just urge you guys. Just fight like your country depends on it. Because America's, we know it. It's all hanging in the balance. Yet was Sean. You've been so generous the last quick thing I defend the president all the time personally as a person. Can you comment on that because I've had the opportunity to meet him? not as much as you obviously and get to know him, but a lot of people here misrepresentations in lies about who he is as a human being. Let's close on this note. Can you just mention one or two things that that people can take away from that? You know first of all. It's interesting. Nobody seems to understand Donald trump yet. They don't want to understand. I mean Donald Trump. The Dog Bites the beasts, things you feeling sad or get cancer. You Complain Trump. I mean that's how saying the leftist. But here's a guy that is so unique he this guy is like a soon nami force of energy like I've never met my life. The most distinct and unique quality he's had is as president. You mentioned the Supreme Court. He put those people that he said he put. He cut the bureaucracy as he said he'd caught, and he cut the taxes as he said he'd cut. He did the North Dakota. A keystone pipelines Anwar Likey said he would. He's building the wall or almost four hundred miles. A wall by the by election will be over four hundred miles. He found a way it was. It was an uphill climb He said he wanted to pull us out of foreign conflicts, but not back away from evil defeated. The Caliphate took out. Baghdadi and Associates took out Sola Mani took out the Al. Qaeda leader in Yemen. So? What makes him special and unique in terms of presidency is that he is who you see is who you get. The guy that's fights on twitter is the guy that's fighting for a better trade. Deal the guy that fights. Against Liberal Democrats and the media mob is the same guy is fighting to keep his promises that to me makes him the most unique transformative political figure in our lifetime. And Right now. The. We tip the scales. You have a choice. It's never been a bigger choice. He will keep his promises. Coronas been a little bit of a curve ball to the world, but even that ten days after the first case, the only guy that I know of thought about a travel ban will be donald trump. They were teaching at the time and Joe Binder Biden was call them Sinophobic, so he's a man of his word. He's a man that will fight to his last dying breath for this country and the promises he made, and that makes them in my view very transformative. Men will. The book is live for Your Die God bless you, Sean, thank you for that. You do and we really appreciate. It helps you soon. Thanks bye. What a great conversation that was! Please email me or questions freedom. Charlie Kirk Dot Com freedom at Charlie. KIRK DOT COM please type in trolley. Kirk, show your podcast provider. Hit subscribe, give us a five star reviews screen shot at an email us. If you want to win a signed copy of the Maga- doctrine, please get involved with turning-point USA at Teepee USA dot com that is Teepee USA DOT com. Check out divest you. Dot Com if you want to divest some of. Of your dollars from the sinister backwards malevolent higher education cartel check out our professor watchlist, professor watchlist, dot org professor, watchlist dot Org. We have some incredible new additions that you do not want to miss of radicals that are teaching your children right now to hate. America is professor watchlist dot org email me directly freedom at Charlie Kirk Dot Com your ideas and questions. You want me to ask our guests here on the Charlie Kirk show. Thank you guys so much for listening. So next time God bless.
Supreme Court upholds exemptions to Obamacare contraceptive mandate
"And now as promised, we're going to talk about these two Supreme court decisions that were rendered Earlier this morning and a 7 to 2 vote. The Supreme Court ruled this morning in favor of two California churches, arguing they should not have to face employment discrimination lawsuits brought by former teachers. The ruling makes it so that religious schools are exempt from most employment discrimination claims, expanding religious freedom, and the Supreme Court today also cleared the way for the Trump administration to expand exemptions for employers who have religious or moral objections to Complying with Obama's care, Obamacare's contraceptive mandate and we're going to talk with David Levin, Professor. You see Hastings College of the law about these rulings and other Supreme Court decision is expected to come. Welcome David Levin. Always good to have you with us. Good morning. Good morning to you and well, we got a couple of examples here. The court, citing with religious groups and religious liberty, don't wait. We sure do. I think this is gonna end up being a trilogy with one from a couple weeks ago involving those private schools in Montana, where the Supreme Court said that Montana and many other states could not limit public school funds. That school's off school funds to go to religious schools and in these two as you, said, the one involving two schools down in Southern California, where 11 plaintiff alleged that she was the victim of a discrimination. The other plaintiff alleges that she was Victim of disability discrimination because she had told the school that she had breast cancer in both cases is to teachers were not given new contracts well, the Supreme Court said that under was called the Ministerial Exception. The's teachers who are primarily secular teachers. They teach things like English math spelling to fifth and sixth graders, but they also letter daily prayer. They also at least from a workbook did some religious instruction that that was enough for them to come within the ministerial exception. And basically, it's for this for the institution. In this case, the Catholic schools to say who it is, who is responsible for inculcating students with faith, etcetera, and that the government shouldn't second guess that opinion by seven to to the Supreme Court agreed with that idea, so it blows a huge hole. Ian Discrimination Law your number earlier in the term. That was the case about protection of lesbian and gays in transgender under title seven well in the religious school contacts that's gone this morning. And then if you want to go into the second, we're going to the 2nd 1 I want to. I want to break them down with you. But okay, we'll come back. Alright. The other one's called litter Sisters of the poor, and this has to do with the contraception mandate in the affordable care act and this causes. The statute requires contraception to be included among the health. The kind of Procedures that are available under the affordable health care under Obamacare, and that's caused some consternation. We've had other cases the famous hobby lobby case, saying that well if a privately held corporation and religious scruples they didn't have to offer contraception and then the Supreme Court in the year that Justice Scalia died. I asked the parties, the Obama administration and the parties, including the Little Sisters of the Poor, the lead plaintiff here to try and come up with some accommodation because the little sisters even objected to the idea that they would have to tell their health insurers that they didn't want to give the contraception. Coverage. And so instead, the by this point in the Trump administration was involved because of the change of administration in the Trump administration, came up with a very broad exemption was for religious and moral reasons that you could just as an employer. You could just say we don't want to provide contraceptive. Coverage. And while there's some nuance to it, basically as you stand by 70 to Justice Thomas for the majority said that was okay that we could have this big big exception. In the affordable care act both for religion and for moral
Emmy Special: Julia Louis-Dreyfus
"Welcome to the frame emme special from KPCC in Los Angeles. I'm John Horn the host of the frame and I'm Lorraine Ali television critic for the La Times Save. We'll hear from a lot of nominees. It's about their work and their shows and we'll talk about. Emmys can tell us about the state of television right now. which is a really really interesting state? Yeah and one thing I want to talk about is he is late night. Talk shows I mean I know. We think that that's a place to go for humor and some jokes. I'm finding some of the best documentary reporting on television right now is happening on shows like John Oliver Samantha B so we'll cover that I am really looking forward to the limited series category this year because it is dumbass about stuff that has been on television talking about Chernobyl when they see us Fussy verdon escaping down more these are excellent shows and the limited series category used to be kind of like now. It's like that is the place that we're looking at it. I'm looking forward to see what happens with that but we're going to start with a comedy series and that Atas veep its lead actress could make some Emmy History Julia Louis and the emmy goes to even Julia Louis Dreyfuss. Let me try to annoy drivers now for most emmys one by performer and the same the same series peaches came back for its final season. There is another big final season it rhymes with game of thrones it is getting thrown and so on but before veep wrapped up its final season. I had a chance to speak with Julia Louis Dreyfuss. There's a lot of grief around the end of a series assuming the series has been a a good thing and a happy thing which in our case it has been and that has an incredible bitter sweetness to it that can really got you and it did. Let's talk about the final season running for President and she is asked a basic question of very early in the season which is why and other people are curious but here's a conversation. I bet she has with Gary who's played by Tony Hill because it is my God is was the game changer. I took bombed the glass ceiling. I shave my in the sink of the Old Boys Club for three years. He kept me chained to a radiator some basement in Cleveland. So as far as I'm concerned America owes me an eight year stay in the White House at this time. I want a war yeah. What is it like listening to that. It's gobs of fun. I think that's so well written so I was just sort of listening to the language you you know she's not a great candidate. That's not under state but I appreciate her her bitterness and her struggle when you are playing her. You'll have some way of saying okay. I know that this is a character and and I know that what she wants is not something that she's able to express but that's the actor plane her. I have to believe what it is. She wants here's how I would answer that. She's he's a very horrible human being and hideously behaved and really has no leadership skills whatsoever or no point view even other than her own narcissistic endeavor but when you player you have to come at it from well bill why and once you start to humanize that horrible nece you can find a way in to play it with a certain amount of well in a weird way. I say empathy and even though I'm not necessarily asking the viewer to be empathetic. I just want the viewer to laugh off but it just perhaps that keeps her from being hated by the audience right. What are the greater kinds of compliments. You can get from people who work in politics. I I hear time and time again. This is what it's really like in Washington and you know. I- winces I say that too but yeah that's that's what we hear. I had the great good fortune into meet Supreme Court Justice Elena Kagan once and she told me that she got together with Justice Scalia. When veep was on on the air every week to discuss the past week's episode because there were both fans imagine that are can't? I know I would do anything thing to have those conversations. Let's hope somebody recorded them. I know maybe the FBI
Trump to square off in court with House Democrats over financial records
"Bill bars justice department. I'm trying to rewrite history in a bid to personally protect trump. This is a response to justice department apartments somewhat unusual step. They're asking the court to block on otherwise lawful subpoena to get trump's financial records house democrats say is request has quote no grounding in history law and that the arguments here represent what the department wishes law were they are not the law now bars attorneys here have been arguing in court that the banks and other entities shouldn't have to comply with these as i say otherwise lawful subpoenas claiming the probes could quote distract donald trump from the energetic performance of his constitutional duties. Now one question is how energetic is he. We have charted his daily schedules before but more broadly look at this twenty two hundred and twenty one days on golf properties unprecedent amount of executive time tweeting watching television so that goes to the factual side what about the legal side the argument that no matter who's president no matter how they keep their schedule you would be too distracted to deal with the courts with these otherwise lawful requests well president clinton did argue at one point that if he complied with every investigation gatien he would be distracted away from his duties and here's what supreme court justice scalia said about why they ruled against him president is it's a full time job and he's very any intrusion upon his time is intriguing. I must say i don't find that terribly persuasive auntie the president's riding horseback chopping firewood fishing for fish playing golf and so forth and so on i'm joined by congressman came jeffries who's on the judiciary committee and a member of democratic leadership. Thanks for being here because it's great to see you as you know. That was a slightly different context. Justice scalia was speaking for part of why the court what ruled ultimately that being president is not a get out of subpoena free card well. That's correct. Donald trump is not a part time school board member with all due respect to hardworking school board members. He's the president of the united states of america. The leader of the free world the most powerful individual on the global stage. He has a responsibility responsibility in the context of our constitutional democratic republic to recognize that the house and the senate were designed assigned to be separate and coequal branches of government for the people. We don't work for donald trump we work for everyday americans and so we have have a constitutional responsibility serve as a check and balance one and out of control executive branch. We are undertaking a lawful constitutional legislative oversight oversight responsibilities. Bill bar is rewriting the constitution claiming we have no legitimate purpose. The constitution is our legitimate purpose and that lays out sort of the battle in the courts then you have the specific issue of mr bill bar dahlia. Let's make sure you know is a legal scholar. She's independent pendant expert. She's not a part of your democratic team but she has has argued here in the beat that really there is a problem with how mr bars carrying out his role to take a look it feels like bar sort of leaping in front of the president yet again and saying first and foremost my interest is not the justice department or the united states people people. It's protecting this president win or lose. I mean the courts are ultimately going to decide and it could go to the supreme court which we just heard from in a different context about what the president has to has to deal with are you at all concerned that mr bar though has interceded in cases that seem more personal than public in nature definitely and you know the so-called attorney general has long since flushed his personal integrity down the toilet. That's a shame and so many members of the trump cabinet have done that over the last last three years or so and i expected that will continue because the president surrounds himself with sycophant but look at what is at stake we want those deutsche bank records because we believe that they could show potential evidence of criminality that deutsche bank employees on the ground recommended that suspicious activity reports be filed as it relates to donald trump's business activities and transactions in two thousand thousand and sixteen in two thousand seventeen higher ups at deutsche bank vetoed that recommendation and squelched and we want to know what donald trump is potentially hiding as part of our oversight responsibilities so we can share that information with the american
"justice scalia" Discussed on 790 KABC
"I agreed with the Justice Scalia that it special counsel don't really fit into our constitutional scheme of things. We're speaking with professor, Alan Dershowitz, one of the great legal minds of the country before we let you go. You've been very generous with your time. This question of the rule of law is what I keep coming back to. And how this special counsel investigation was started hell the Russia investigation. It self with started where some of the evidence for that or the lack of evidence for that came from seems to have been impropriety at the DOJ and at the FBI how damaging is that for those. Yeah. I think very damaging coma really hurt the credibility of the FBI in a lot of different ways. He hurt himself with Democrats when he made the statement about Clinton, which he shouldn't have mates himself Republicans would immediately after leaving office. He wrote a book, and he reveal various things he shouldn't have revealed. He laundered his information to a Columbia law. Professor, and I think the whole way in which the dossier was used to get a search warrant from the Pfizer court. I would like to see the fines court issue potential, contempt citations against the people who provided that after David didn't disclose in good enough manner. The source of the information that came from partisans. It was paid for by partisans relied on a person who has real credibility issues and remember included allegations that seem to implausible interface sexual allegations against Mr. Trump before he was president, and you know. You make sexual attacks. It's very hard to deny them because when you try to deny them you're taking victims again the other immoral especially these days. Yeah. Well, especially these days, I know I've been dictum is by back against the false accusation. I was accused of a tan. Attack. People who falsely accused me I don't care if two years old or twenty two years old you don't get away with full suite choosing somebody who never met you of having sexual contact with you when it's just not true. You can't just get away with that. Because some other people have been abused and sexually attack you don't benefit from that and be able to use that to justify your own life. So I'm going to keep fighting back, of course, and on that point on on that accusation that you have had to deal with you had this wonderful article in the Wall Street Journal saying I want to be investigated by the FBI. And I think at the end of this Muller report, we can all breathe a little bit of a sigh of relief and say Justice might have taken a long time to work itself out. But the investigation has shed light on the situation it has exonerated people that it should have exonerated. And it's a real shame that people who are weighing in on this or having their reputation smeared for it. But as always. Such a tremendous insight from you. I really appreciate your coming on. And I well, I agree that maybe it would be better for all of us to not have all these investigations going on into the future. Something tells me that with all of the propriety that we saw we're going to see some more of them. And then I'm just going to have to ask you to come back on the show again. So to do that and send my best band played. Absolutely, professor Dershowitz, thank you so much for sure. That is I'm glad that we didn't have judge star still on the line. When professor Dershowitz said that we need to abolish the special counsel altogether. Perhaps some you should get them both on to debate about it. But a lot of excellent analysis there, and especially on this point of exoneration Justice finally served albeit after two years of smears, we'll get to a lot more of this Muller report. Plus a few other things in the news. I we gotta take a quick break on Michael Knowles sitting in for the bench Rochelle stick around. We will be right back. ABC dependable traffic.
Trump presents Medal of Freedom to seven honorees
"From Trump at the White House for that's great to great. Unbelievable guy's the phone of Dallas cowboy quarterback in the Minnesota. Vikings defensive tackle were among Trump's I seven medal of freedom honorees, which included Elvis Presley and Babe Ruth that. That. The presidential medal of freedom is the nation's highest civilian Ana Trump's selections were announced Saturday Roger starbuck who's had an incredible career Allen page fifteen years in the NFL. One of the league's fearsome pass rushes at such. An also has become a supreme court Justice. Supreme court Justice. He worked for I mean supreme court Justice, Antonin Scalia page was inducted into the hall of fame retirement from football and worked as a supreme court Justice in Minnesota was a Minnesota supreme court Justice. And supreme court Justice Scalia. Miriam idelson. And Orrin Hatch. With the other honorees. So that's the oil Scott. And I think I think.
"justice scalia" Discussed on News-Talk 1400 The Patriot
"Has often been used by administrative agencies to take arguably ambiguous statutes, and then run with them and implement regulations that go, you know, in many ways completely different directions from what the statute said and the arguments areas where we got the experts over the agencies, and congress is an expert, and we don't get politics, and we get pure governing this way. Well, that's just not turned out to be true. And I think one of the first things you're going to see is a much more robust, Chevron step one. Is there really an ambiguous statute or using our normal tools of statutory construction developed and honed in large part by Justice Scalia over the years. Do we do we follow the statute as written without deferring to agencies because we we put a lot more teeth, and is this really ambiguous inquiry. And I think we're gonna see that pretty promptly. We're going to see a repeal. I think that the doctrine that will defer to an agency's interpretation of its own regulation. I think that one's on the chopping block in the very short order, and in recent years kind of cases that that involves the title nine interpretive guidance memos and all of that I think that's going to be rather dramatic in a real structural limitation on the freehand administrative state has has developed it self over the years. Let me turn your attention specifically to the religion clauses. The establishment clause of free exercise clause alliance defending freedom is a great supporter of my show. And I am a great supporter of them. And in fact, they're having a fundraising drive right now at the top of hughhewitt dot com, because they can mobilize a lot more cases. Now, do you expect the? Establishment clause to reach a level of coherence. We haven't seen in a long time. And do you expect employment division versus Smith to be overturned by the new court? Yes. And no, respectively, and this is a former question, I think we now have five Justice to say that the established and closet violated only. If the government literally established, a church courses religion gives aid to religion this favors, some religions over others. I think the lemon versus Kertzman tests nineteen seventy-one which has been followed for a long time. Obviously, he's going to be gone. I think what Justice Scalia tried to do and didn't have the votes for now the five on the court to accomplish. But I don't see the court overturning employment division versus myth. I think with regard to the federal government they can achieve the same thing religious freedom restoration act, and I think with regard to state local governments will do the same thing by other interpretations the free exercise clause like they did a couple of years ago in trinity Lutheran. Comber seems the government Missouri couldn't deny aid for playgrounds to religious schools Janis man. I I do.
"justice scalia" Discussed on KNX 1070 NEWSRADIO
"With Mike, Simpson I'm Chris Eaton's in today for Charles, Feldman role today Democrats, on the, judiciary committee requested a delay. In the planned confirmation hearing of judge Brad Kavanagh for the supreme court saying there were too many questions after Michael cones guilty plea among other things to move forward Jessica Levinson professor loyal law school, former president of the ethics commission so this is something we've probably seen coming there was talk among some Democrats not talking about impeachment right now maybe this instead take us. Through where. They're coming from on this well I think the Democrats are trying to take a page out of Mitch McConnell's playbook so Mitch McConnell famously said. When, President Obama nominated Merrick garland. To fill. Justice Scalia seat when Justice Scalia passed away know. We can't have a hearing when there's an election pending and. What the Democrats on the Senate Judiciary committee are trying to say today is not only is there an election pending the midterm election, but now. There's allegations of criminal wrongdoing on the part of our president and Criminal wrongdoing in a, sense that may have actually affected the election and affected. The fact that he's president and so this is not. The time when we can have hearings about his nominee to the supreme court so that's part one and then part two, is they are arguing the judge Cavanaugh thinks the president's shouldn't even be investigated that he's. Above that at least while in, office and where does that come. From there was this article in two thousand. Nine it gets a lot of attention yeah just excuse me judge. I wrote a two thousand nine Minnesota larvae article in which he. Essentially, argued that sitting presidents should not be subject to indictment and he actually said that. He thought, congress should pass a statute which would prevent, indictment and what just, judge Kavanagh's, saying now two sitting senators. Before his hearing is well I have an open mind on this topic I suggested that congress should pass a law because I thought that that was the good policy decision but I'm like everything I'm, going to look at this with an open mind and you know people are Saying. Look in reality it's. Not a coincidence that the man who wrote the larvae article that said sitting president should not be indicted when they're criminal investigation is nominated by a. President under potentially under criminal investigation? And so certainly I think judge Kavanagh's views. On whether or not president sitting. President, can be indicted, are. You coming into full view but just not alone in thinking that sitting presidents can't be indicted this is the current thinking of. Department of Justice when they wrote memos on this this is I believe what Robert Muller's. Operating under the assumption that you cannot, indicted sitting president so judge Cavanaugh is, not, necessarily out of the mainstream conservative thought on. This topic yes it does it really matter if he gets in or not if it's the current, DOJ practice because if. It's all about deferring maybe it's you can hit them after they're out, of office A few years time I think whether or not judge Cavin is confirmed and becomes Justice, cavenaugh, which my. Strong suspicion is that he will be is incredibly important to a number of, topics including for instance presidential power whether or not you can subpoena sitting president but I think that in the. Short term the department of Justice again is operating under the assumption that you can't indict sitting president now if somebody wants to test? That certainly critics of President Trump would prefer you not test that. With Justice Cavanaugh on the bench but what we've seen from this current supreme court, is that certainly they, have established view of broad presidential powers that with the travel ban decision. And I think that judge Cavanaugh is just going to continue that threat I guess. Some, of this. Comes down to a couple of key words and. It's Democrats requesting this and those, are two very important words because, it's not, Republicans that can do it because they're in control Absolutely so the difference between Democrats now on the it gives me the difference between now Democrats on the, judiciary committee saying we need to push pas and not have hearing Franchetti, Cavanaugh and the Republicans in the Senate thing we need to push pause and not have hearings, on, merit Garlan, is that, Republicans had the votes and Democrats do not, have the if there's anything we know about, American twenty eighteen it's your, party the your partisan affiliation really matters and whether or not. You're, a democrat or Republican unfortunately is, largely dictating how you're voting on these issues and so I think what Democrats are doing is. My guess is that they absolutely believe that it's the right thing to do to postpone the hearings and my guess is that they think it's. Absolutely the right thing to do politically going into the midterms they're not. Tone deaf they know that a seat on the supreme court is incredibly, important to their base and, they want to be able to say when they're going back to their voters and asking to be reelected They did everything they could do ensure that, judge Cavanaugh with not prematurely put on the bench Jessica Levinson their professor at Loyola Law School former presidents of the LA ethics commission coming up next high school football is approaching the.
It has come to this, parents hiring video game tutors for their kids
"Me that at the time of the constitution many people made their own guns using the current technology of the time, there were no restrictions on the second amendment was very. Clear that they're shout up any. Infringements on that right changes in technology do not. Trigger any changes to our God given rights. I think that is absolutely true remember the clip potato while ago of Piers Morgan And Justice Scalia and. Piers Morgan is trying to grill him on abortion Well you know when the constitution, was written there was no. Discussion about abortion or are rights of women and he goes Of course there what are you talking, about of course There was, no, women women, didn't have any rights everybody of. Course they of course they? Have rights I couldn't even contemplate the absurdity that Piers Morgan. Was throwing as well I. Think, there's a, similar, thing here, to people like Author guns. Back at of course the were but there was no Everything's new doubt it's not? They didn't, confront these, issues should they did It. Just looks a. Little different. Now but the principles are. All the same That's my way, of interpreting the constitution the originalists perspective We'll. Get back to three d. printed. Guns a, little later we're not talking about video games I promise but I have, to read this. Headline in the Wall Street Journal today. Ready aim higher Read the first, part of that I read it out loud Ready, aim higher a fortnight coach parents enlist video. Game tutors for their children Twenty bucks an hour well that's good shooter got gotta get in there, your kids, to be. Better, at the video game on the real though Scholarships..
"justice scalia" Discussed on Newsradio 1200 WOAI
"Most hope mr speaker is when he said well what did justice scalia stand for as a judge this is back in two thousand and six he wrote it's not and he said this in a law review article he goes it's not complicated but it is profound and worth repeating often the judges job is to interpret the law not to make the law or make policy so read the words of the statute as written read the text of the constitution as written mindful of history and tradition don't shy away from enforcing constitutional rights that are in the text of the constitution changing the constitution is for the amendment process changing policy within constitutional bounds as for the legislatures and remember that the structure structure of the constitution separation of powers federalism are not mere matters of etiquette or architecture what are at least as a central to protecting individual liberty as the individual rights guaranteed in the text and remember the courts have a critical role when a party has standing in enforcing those separation of powers and federalism limits simple but profound and he said more on that and that is the judicial philosophy i would be looking for larry arnn the president of hillsdale sent three last night when you don't emphasize often about the only document directly voted on by the american people was the constitution but it was adopted in popular votes in every single state and that it represented the will of the people and therefore when you start to capriciously change it it's not just the fifty five people who went to philadelphia and wrote it but it's the thousands and thousands of citizens who soon contract this is why they were willing to become part of the united states and i think that you have with somebody like judge capital a person who feels deeply the burden of history in the burden of america and the sense that he is there to continue to carry on a tradition not to destroy it in replaces what do you make of the predictable knee jerk reaction of the left i mean you saw the screaming and the yelling in the hysteria and the fear mongering that again it's all predictable but i seem to sense a even a greater level of hatred and intensity in the in the era of trump i mean that may even be higher than what they did to robert bork or clarence thomas well it is i think it is in a sense for soil i know i hate him busy yeah exactly by the way remember trump nominated i'm gonna hate whether it's a man or woman just let me know the names we'll know who i made it and you had as you are kidding yesterday the wonderful scene the students who were asked what they thought of trump's personally racist you can tell and they had nominated but yet they had already been taught they've been preprogrammed like badly trained parrots to automatically say antitrump things without any regard for the fact so here's a sense i have maybe i'm being too optimistic but it's my nature is an american to be an optimist by nature of having all four grandparents from ireland not to be one but go ahead but they got here yeah they did but i'm just saying in life got better you're always expecting the worst trust me don't say things are going well yeah exactly right exactly here's my point i think for average normal they look at this very pleasant guy with this very nice family they look at his very reasonable tone and his reason intelligent articulation and when they see people screaming on the other side it diminishes the impact on the effectiveness of radical extremists and i think that's really what's happening although i must say the most amazing single statement on the left in the last couple of days was the democrat dick durbin saying welcome we have to sacrifice a couple of red state senators to stop this then i'm willing to sacrifice i the whip you're not supposed to go around sacrificing your members no i truly agree bad.
"justice scalia" Discussed on WLOB
"The trump campaign to accept anything of value in quotes anything of value that's in the statute from a from a foreign national or foreign government that's a felony the agreement not to receive it but if you agree to receive at that's the felony second thing they're looking for is was a gym calmly fired for an improper purpose if the improper purpose was to prevent him going down a rabbit hole that said jared kushner on it or donald trump junior on it that's an improper purpose that's obstruction of justice third thing and this is what's really keeping the president from having peace of mind did donald trump the businessman engage in bank fraud or money laundering before he ran for president got the witch hunt part of it well that's where he drew the line and said stay out of my personal business but what did muller do that all the documents from deutsche bank which was donald trump's principle lender in its development years in new york and now he's seeking documents from the trump organization which is the umbrella organization that runs everything with name trump in is now the most ardent trump supporter knows this probably something you can get him on because i've never even had a landlord the my best landlord i could tell he was doing things wrong this was the reason among others for justice scalia's dissent when the supreme court had in front of it the constitutionality of a statute statue doesn't exist anywhere with the statute provided for an independent council they will tend to do things that other prosecutors wouldn't do just to justify their existence now i hate to quote this person but it's true joe stalin show me the man find you the crime there's four thousand four hundred federal criminal statutes surely a creative prosecutor can find something that somebody that's in his crosshairs violent but that's not america that's not the way we live in america we don't have prosecutors roaming around the.
"justice scalia" Discussed on 1410 WDOV
"He and other italian americans work could be fully american precisely because they embraced the american creed so as you as you look at today's landscape do you see many people like him he is in many respects oneofakind at the same time he has a tremendous legacy in the uh law clerk law students lawyers here's influence uh so i think in a legal round uh we are very much uh live during uh in a legal world that is defined around justice scalia many focus to find themselves against him but many others to find themselves with him and i think you fee and death escort hutus uh selection and confirmation just one of the many a great legacy of justice scalia uh i think way from the book is that as justice scalia demand and for the the man who with a deep man of a man of deep faith by matt who recognised that the ultimate test of wife has to live out one faith properly uh is a beautiful speech uh called the christian as an meant um ironically that spells out out but again at one of the key points he makes up your out the book and so many speeches is that his obligation uh as they faithful catholic is to not through the constitution a other laws two two two and dole his reviews news that is is very obligation as a catholic main city that that that he uh michelle not misread the constitution as he put it the only commandment of of his faith at that really of bore on his judging us vow shalt not why though shall not lie about the meaning of the constitution or of other laws ed were were turn wayland he said author of a of scalia speaks reflections on law faith in life well lift the book itself is really as you pointed out his whole world's right his him as an individual a person his faith is life and and the legal stuff he he entered in my into my thinking of the last week however as it relates to the tragedy in in las vegas.
"justice scalia" Discussed on WTMA
"The authority is rebelling against what god has instituted and those who do so we'll bring judgment on themselves and quote does this mean here that justice scalia was advocating government power government authority helped me adam because this is in the news all the time now uh the challenge of authority is a good thing i note that justice scalia admired thomas jefferson had dish in desert thomas more so this looks to be a paradox helped me well that's right and justice scalia we always took care when he when he used this solution and he's used at fused it several times including some examples in that in the new collection of the speeches i'm scott speaks whose only to you always took care to to make clear he was talking about just government um uh not not unjust governmental of course as he would always say we can quibble over whether a particular government is chester her unjust but by and large justice scalia uh recognize earthly government has authority and power and justice matthews another famous lion from the bible dude who said uh render to god what does god and what to caesar what is caesar's justice scalia said that this illustrates this basic division between the work of church and the work of uh of of higher powers versus the work of our government and we shouldn't expect too much out of that or if the government come back to the law school to the students today is it was a justice scalia his opinion that the law schools in the young at america let's just stayed in the united states are doing a good job helping students interpret the law or is this a factory justice scalia solved of the modern law schools pretty counterproductive in a lot of ways um he and he wrote about this and in one of his early early books the idea because he thought was that in the your first year of law school you are in a lot of law that is not rooted in you're learning things like contract law or the law property these old commonlaw doctrines that are that are rooted in a statute they're just common law and so in each case the judge is trying to make up the best possible law on a case by case basis and school students take.
"justice scalia" Discussed on WPRO 630AM
"Obey earthly government or at least just government here on earth and school ethos for our modern generation such a hard methods to receive especially in in democratic government we're so skeptical of our leaders we have so little respect for our leaders looks khalil it was comfortable with our leaders uh exercising their authority within lawful constitutional limits because he wasn't expecting perfection uh out of his government everyone must submit himself to the governing authorities for there is no a thority accept that which god has established the authorities that exists have been established by god consequently lee he who rebels against the authority is rebelling against what god has instituted and those who do so we'll bring judgment on themselves and quote does this mean here that justice scalia was advocating government power government authority helped me adam because this is in the news all the time now uh the challenge of authority is a good thing i note that justice scalia admired thomas jefferson had addition desert thomas more so this looks to be a paradox helped me well that's right and justice scalia we always took care where he are you use this solution and he's used at houston several times including some examples in the new collection of the speeches scalia speaks to you always took care to to make clear he was talking about just government um uh not not unjust government of course as he would always say we can quibble over whether a particular government is just her her unjust but by and large justice scalia uh recognize earthly government has a forty and power and justice matthews another famous lion from the bible john jesus said on a render to god what does god and what to caesar what is caesar's justice scalia said if this illustrate this basic division between the work of church and the work of uh of of higher powers birth the work of our government we shouldn't expect too much out of earth like government come back to the law school to the students today is it was a justice scalia.
"justice scalia" Discussed on WPRO 630AM
"In accordance with how the words that law were best understood at the time that it became law and in so doing justice scalia believed you were minimizing the opportunity for judicial mischief not not getting rid of any opportunity it of course judges have always been clever um but by interpreting the law in accordance with this outside criterion of of the original meaning of the law justice scalia believed the judges and courts would minimize their discretion of it's important for for me to understand this the judge judge scalia justice scalia was concerned that people use value judgments in the place of interpretation of the constitution is that commonplace adam if i have a prejudice for example against a certain class of conduct is that a value judgment that has no place in the law do i am i asked in law school to examine my prejudices and and rid myself of them well i think the ideal for all lawyers and judges is to interpret the law that's written but in terms of value judgments so many judges especially those who believe this is just justice scalia kirk riot but the constitution today living document and that meaning changes over time lots of judges and lawyers professors and others believe that the constitution doesn't have a real fixed value of the terror fix meaning at the time of its of it uh enactment of ratification and that future generations are largely free to reinterpret the law in accordance with their own values to their own understanding of what the worked in the law ought to me as time progresses now of course all all work or judges has value judgement could i don't think justice scalia would disagree but just the school years value judgments were underneath all of this and that his value judgement was in favor of a limited role but judiciary maximum opportunity within the limits to the constitution four policymaking bar elected representatives in order to restore maintain a truly republican government in the lower are sensible word or were a government that ultimately uh ultimately driven by majorities in the long run there's the puzzle for me adam as a nonlawyer someone who didn't attend laws called justice scalia was always in the news always controversyl uh the fingers are pointed at him i remember bush versus gore gore versus bush but always pointed at him and yet in your presentation at national fares he seems a reasonable.
"justice scalia" Discussed on WTMA
"The man at the end of the class and boy day uh justice scalia remark to me uh who i hope you take it back to harvard law school in teacher professors of finger to uh a few months later i happened to bump into him at another event and he amazingly remembered me he asked well how did it how did that were when i brought it all back to las cool i said well joe fiscally i have bad news i brought it back to my school and the professors overruled you unanimously and do it quickly laughed because because you understood all too well the situation of law school uh and how his approaches is constitutional approach this methodology he has basic premise these were so at odds then and now with the dominant theories of constitutional law practised at most law school i learned from you that when justice scalia spoke at law schools are spoke before law students he was looking to disrupt them in some fashion any haven a declares that he wrote his descends for law students what is it that he was seeking to achieve by disrupting those of us who just memorize well justice scalia had in mind disruption in the best and not disruptions away the campuses are disrupted now unfortunately but what he meant was he was to intellectual clearly shake the students up a little bit especially the ones who hadn't been exposed in a serious way too textual is emerge or originalism this idea of uh interpreting the constitution in accordance with how it's words were best understood by the generation that made those words into the law justice scalia would come to campese who would give talks uh in an effort to spread that message but as you mentioned he also wrote defending opinions and so many supreme court cases and those sent by justice cui its own admission uh were aimed at the next generation of lawyers he'd already in any one case where he was dissenting use all the wrong end of the case and that is his sided lost his view it lost justice scalia was left to explain in detail for a generation of law students with a better way to.