NEIL: JACKIE, THANK YOU VERY
MUCH.
JACQUI HEINRICH AT THE U.S.
SUPREME COURT.
THE LATE RUTH RUTH BADER GINSBUR
NOT A FAN OF ADDING JUSTICES TO
THE SUPREME COURT.
SHE REFLECTED THAT BEFORE
PASSING AWAY.
I WONDER WHAT ANOTHER GREAT
JUDGE, ANT ANYONE SCALIA.
HIS SON CHRIS ASK WITH US.
WHAT DO YOU THINK YOUR DAD WOULD
THINK OF THIS.
>> THANKS FOR HAVING ME ON
AGAIN, GREAT TO SEE YOU.
IT’S A GREAT QUESTION MY FATHER
WAS NEVER ASKED AS FAR AS WHAT I
KNOW ABOUT COURT PACKING.
COURT PACKING WAS NEVER AN ISSUE
WHEN HE WAS ALIVE BECAUSE
CONSERVATIVES NEVER HAD A
MAJORITY ON THE COURT.
ONLY NOW THAT THE CONSERVATIVES
HAVE A MAJORITY BECAUSE COURT
PACKING IS IN PLAY.
THE LEFT DOESN’T LIKE THE FACT
THEY NO LONGER HAVE THE MAJORITY
ON THE SUPREME COURT.
BUT I SUSPECT MY FATHER WOULD
HAVE AGREED WITH HIS GOOD
FRIEND, JUSTICE GINSBURG AND
WITH HIS OTHER GOOD FRIEND,
JUSTICE BREYER, WHO ARE ON THE
RECORD, JUSTICE BREYER JUST THE
OTHER DAY, A SPEECH AT HARVARD
SUGGESTING THAT COURT PACKING IS
A VERY BAD IDEA BECAUSE IT
POLITICIZES THE COURT.
NEIL: YOU KNOW, CHRIS, IT IS
INTERESTING, THE MATH THEY’RE
USING TO JUSTIFY THIS.
WE HAVE THREE LIBERALS ON THE
COURT RIGHT NOW.
THEY WANT FOUR NEW JUSTICES
PICKED BY THE PRESIDENT.
THAT WOULD MAKE SEVEN LIBERALS
LIKELY IF IT IS PRESIDENT BIDEN
TO DO IT, VOILA, WE HAVE A
LIBERAL COURT.
WHAT DO YOU THINK?
>> IT IS HILARIOUS ALSO.
IT IS AN ATTEMPT TO BASICALLY
SWEEP OUT THE RELEVANCE OF
PRESIDENT TRUMP’S THREE
APPOINTEES ON THE COURT.
BUT, PLUS ONE JUST FOR EXTRA
GOOD MEASURE.
IT’S A WAY TO ELIMINATE WHAT
PRESIDENT TRUMP WAS ABLE TO COMB
ACCOMPLISH WITH THE SUPREME
COURT.
IT IS SUCH A BRAZEN BILL.
THE ONE GOOD THING ABOUT THE
BILL, SOMETHING LIKE TWO
SENTENCES.
YOU ALWAYS LIKE TO SEE THAT FROM
CONGRESS, IT IS SO RARE.
BUT IT IS SO BRAZEN, SUCH A
TRANSPARENT POWER PLAY.
AND IF YOU LISTEN TO SOME PEOPLE
ON THE LEFT ABOUT WHY THIS NEEDS
TO HAPPEN, THEY ARGUE WELL, IT
IS PRESIDENTIAL ELECTIONS WERE
FAIRER, IF THE SENATE WERE MORE
FAIRLY CONSTRUCTED THEN
DEMOCRATS WOULD CONTROL THE
SUPREME COURT ANYWAY.
SO IN OTHER WORDS FOR SOME
LIBERALS THIS IS NOT JUST ABOUT
REFORMING THE COURT.
IT’S A WAY TO KIND OF REFORM ALL
THREE BRANCHES OF GOVERNMENT IN
ONE FELL SWOOP.
NEIL: YEAH.
YOU GOT TO WONDER AS WELL,
RIGHT, CHRIS?
BE CAREFUL WHAT YOU WISH FOR.
LET’S SAY A REPUBLICAN PRESIDENT
COMES IN A COUPLE YEARS.
SAY THIS IS DECIDED IN THE
MEANTIME, YES WE CAN BRING UP TO
13 JUSTICES.
A REPUBLICAN PRESIDENT
NOMINATING VERY LIKELY FOUR
CONSERVATIVE JUSTICES.
IT IS OVERLY TIPPED
CONSERVATIVE.
THEN THE PUSH WILL BE, NEXT TIME
WE’LL MAKE IT 20.
WE’LL MAKE IT 21.
WHERE DOES THIS END?
>> YEAH.
I THINK THAT IS EXACTLY RIGHT.
IT IS AS IF PEOPLE, DEMOCRATS
AND CONGRESS FORGET WHAT HARRY
REID DID WHEN HE ELIMINATED THE
JUDICIAL FILIBUSTER FOR LOWER
COURTS.
MITCH McCONNELL SAID THEY WERE
GOING TO REGRET THAT AND THEY
DID BECAUSE McCONNELL TOOK THE
NEXT STEP, ELIMINATED THE
FILIBUSTER FOR SUPREME COURT
NOMINEES.
DEMOCRATS NEED TO REMEMBER THEY
WILL NOT ALWAYS BE IN POWER,
BELIEVE IT OR NOT.
COULD BE JUST IN TWO YEARS
THEY’RE NOT IN POWER ANYMORE.
THIS BILL PASSING WOULD INCREASE
LIKELIHOOD OF THEM LOSING POWER.
I DON’T THINK THIS IS POPULAR.
UNPACKING THE COURT IS POPULAR.
PRESIDENT BIDEN DODGED THE ISSUE
ON THE CAMPAIGN TRAIL.
THAT IS WHY NANCY PELOSI DOESN’T
SUPPORT THIS BILL RIGHT NOW.
THEY KNOW IT IS UNPOPULAR.
NEIL: THEY CAN ONLY AFFORD IN
THE HOUSE REALLY TWO NO VOTES
AMONG THE DEMOCRATS WITH A
NARROW MAJORITY, NOTHING HAPPENS
THERE.
IT IS THAT TIGHT.
PEOPLE FOCUS ON THE SENATE,