>>> IT’S SUMMER VACATION FOR THE HOUSE SINCE MEMBERS LEFT CAPITOL
HILL LAST WEEK AND AHEAD OF
THEIR OWN VACATION, MEMBERS OF
THE SENATE HAVE BEEN HANGING
AROUND WASHINGTON A FEW MORE
DAYS TAKING CARE OF UNFINISHED
BUSINESS.
BUSINESS. SENATE REPUBLICAN LEADER MITCH
McCONNELL MAKING A MISSION OF
GETTING TRUMP NOMINEES FOR JUDGE
SHIPS CONFIRMED.
SHIPS CONFIRMED. THIS IS OF COURSE McCONNELL WHO
STONE WALLED OBAMA’S JUDICIAL
NOMINEES.
NOMINEES. HE HAS BEEN RUNNING THESE PICKS
THROUGH THE SENATE AS FAST AS
POSSIBLE.
POSSIBLE. HE PAVED THE WAY FOR 19 MORE
WITH LIFETIME SEATS ON THE
FEDERAL BENCH.
FEDERAL BENCH. THE DEAL IS PENDING APPROVAL BY
THE REPUBLICAN SENATE.
AT THIS POINT IN HIS PRESIDENCY,
OBAMA HAD NAMED 91 JUDGES TO THE
BENCH.
BENCH. AHEAD OF TODAY’S SENATE SESSION,
TRUMP HAS PUT IN 135 JUDGES.
THAT INCLUDES THE TWO SUPREME
COURT PICKS.
COURT PICKS. ONE OF THE REASONS HE WAS ABLE
TO FILL THESE VACANCIES IS
BECAUSE McCONNELL HAD SLOW
WALKED OBAMA’S NOMINATIONS WHICH
MEANS THEY WEREN’T CONFIRMED
WHICH LEFT EXTRA VACANCIES.
NOW, THIS VERY TABLITABLE ARMY -
IS NOT EXPECTED HOW THEY WILL
RULE IN ANY CASE, BUT TRUMP
APPOINTED JUDGES ARE MAKING
THEIR MARK.
THEIR MARK. LOOK AT FEDERAL COURTS RULING ON
A NEW RULE FROM THE PRESIDENT
THAT MAKES IT MORE DIFFICULT TO
GET ASYLUM.
GET ASYLUM. RIGHTS GROUPS IMMEDIATELY WENT
TO COURT AND TRIED TO REVERSE
THE POLICY.
THE POLICY. THEIR LAWSUITS LANDED IN TWO
DIFFERENT COURTS.
DIFFERENT COURTS. ONE JUDGE SAID IT WAS ILLEGAL
FOR THE PRESIDENT TO CRACKDOWN
THIS WAY.
THIS WAY. THE OTHER ON THE SAME DAY SAID
NO, THE TRUMP ADMINISTRATION HAS
A FINE INTERPRETATION OF THE
LAW.
LAW. THE SECOND JUDGE, WITH THIS
POTENTIALLY MORE CONSERVATIVE
RULING DEPENDING ON HOW YOU LOOK
AT IT WAS, OF COURSE, PUT ON
THAT COURT BY TRUMP HIMSELF.
THERE’S NO ONE TO ONE BETWEEN A
SINGLE CASE OR SINGLE RULING IN
THE PRESIDENT WHO PUTS SOMEONE
ON THE BENCH, BUT THERE IS AN
ACCUMULATION HERE.
ACCUMULATION HERE. LEGAL SCHOLARS REALLY ACROSS THE
SPECTRUM NOTING THAT THE
POLITICS OF THE REPUBLICAN
MAJORITY IN THE SENATE,
INCLUDING SOME OF ITS
OBSTRUCTION, ARE DOING MORE TO
RESHAPE THIS COURT SYSTEM THAN
WE MIGHT HAVE SEEN IN THE PAST
BACK AND FORTH.
MITCH McCONNELL HAS THE APPROVAL
PROCESS FOR TRUMP JUDICIAL
NOMINEES IN HIGH GEAR RIGHT NOW.
IN FACT, AS OF THIS EVENING, THE
SENATE APPROVING NINE NEW
FEDERAL JUDGES.
FEDERAL JUDGES. ANOTHER SLATE OF THE PRESIDENT’S
PICKS SLATED FOR CONFIRMATION
TOMORROW.
TOMORROW. THERE’S A LOT GOING ON, BUT THIS
IS MAJOR NEWS WITH LIFETIME
CONSEQUENCE AND WE HAVE SOME
EXPERTS TO BREAK IT DOWN.
CONSTITUTIONAL LAW PROFESSOR
FROM THE NEW YORK UNIVERSITY
SCHOOL OF LAW AND CHRISTINE
LUCIUS, FORMER STAFF DIRECTOR
FOR THE SENATE JUDICIARY
COMMITTEE, NOW EXECUTIVE
VICE-PRESIDENT AT THE LEADERSHIP
CONFERENCE ON CIVIL AND HUMAN
RIGHTS.
RIGHTS. NICE TO SEE BOTH OF YOU.
>> GREAT TO BE HERE.
>> THANKS FOR HAVING ME.
>> CHRISTINE, HOW DOES THIS WORK
AND IS IT DIFFERENT THAN THE
NORMAL PUSH AND PULL BETWEEN
PARTIES WHEN THEY CONTROL THE
SENATE?
SENATE? >> THIS IS ABSOLUTELY DIFFERENT.
WHAT MITCH McCONNELL IS TRYING
TO DO THIS WEEK IS CONFIRM MORE
JUDGES IN A WEEK THAN HE ALLOWED
PRESIDENT OBAMA TO HAVE
CONFIRMED IN HIS FINAL TWO YEARS
IN OFFICE.
IN OFFICE. MITCH McCONNELL HAS BEEN TRYING
FOR THE PAST TWO YEARS TO RUSH
AND JAMB AS MANY TRUMP NOMINEES
THROUGH AS POSSIBLE BECAUSE IT’S
ADVANCING THE AGENDA THAT MITCH
McCONNELL WANTS TO SEE IN THE
COURTS, WHICH IS TO PROTECT THE
WEALTHY AND THE POWERFUL OVER
THE RIGHTS OF THE REST OF US.
YOUR OPENING LAYS OUT, YOU KNOW,
A TALE OF TWO JUDGES.
AND IT IS ABSOLUTELY TRUE.
YOU CAN’T GUARANTEE WITH
CERTAINTY HOW DIFFERENT JUDGES
WILL RULE NECESSARILY BASED ON
WHO APPOINTED THEM.
BUT WHAT WE SAW IN THE SENATE
JUDICIARY COMMITTEE EARLIER THIS
MONTH WAS TED CRUZ’S LINE OF
QUESTIONING OF A TRUMP NOMINEE
THAT REALLY REVEALED WHAT THEY
ARE LOOKING FOR IN JUDGES.
THEY ARE LOOKING FOR ACTIVISTS
TO BRING AN AGENDA TO THE COURT.
IT WAS A REVEALING MOMENT WHEN
THEY WERE NO LONGER TALKING
ABOUT BALLS AND STRIKES.
THEY WERE TALKING ABOUT WHAT HAD
THIS JUDGE DONE TO ADVANCE THE
CAUSE -- HAD HE VOLUNTEERED FOR
REPUBLICAN CAUSES, HAD HE DONE
DIFFERENT THINGS.
DIFFERENT THINGS. AND THE NOMINEE RESPONDED, WELL,
I’VE BEEN A JUDGE, AND THAT
WASN’T GOOD ENOUGH.
SO IT REGION I REVEALED IN PLAIN
SIGHT FOR THE FIRST TIME WHAT
WE’VE KNOWN FOR THE PAST TWO
YEARS, THAT TRUMP IS TRYING TO
REMAKE THE COURTS IN ORDER TO
PROTECT THE WEALTHY AND
POWERFUL.
POWERFUL. NOT TO BE NEUTRAL.
>> KENJI, THERE IS A COUNTER
ARGUMENT TO ALL THIS.
IT’S NOT A DEFENSE IN ANY WAY OF
THE JUDGES AND THE NOMINEES, BUT
RATHER THE OBSERVATION THAT WHEN
IT COMES TO THE SENATE, WE’RE
NOT REALLY TALKING MUCH ABOUT
LAW.
LAW. WE’RE TALKING ABOUT POLITICS.
AND MITCH McCONNELL HAS BEEN
GOOD AT HARDBALL POLITICS.
AT WHAT POINT DO THE ESTEEMED
FOLKS LIKE YOURSELF WHO ARE, YOU
KNOW, FLOEFTINGATING ABOVE POLIT
LEAST IN YOUR SCHOLARSHIP, THIS
KICKS BACK TO THE DEMOCRATIC
PARTY AND THE KIND OF HARDBALL
THEY WANT TO PLAY, NOT
NECESSARILY ANYTHING THAT IS
UNIQUELY JUDICIAL?
UNIQUELY JUDICIAL? >> WELL, I GUESS I WOULD SAY
THERE ARE LAWS THAT COVER THESE
PROCEDURES AS WELL AND MANY OF
THOSE RULES IN THE SENATE HAVE
THEMSELVES BEEN RELAXED BY MITCH
McCONNELL IN A FORM OF GAMES MAN
SHIP WHERE HE’S DENIED THE
CAPACITY OF SENATORS TO SAY, YOU
KNOW, THESE ARE THE JUDGES WHOM
WE WOULD RECOMMEND FOR OUR OWN
JURS DIRKS.
JURS DIRKS. JURISDICTION.
JURISDICTION. I WOULD DPLOETFLOAT THAT.
>> LIKE BLUE SLIPS?
>> YES.
>> YES. >> IT WAS MADE UP FOR THE
SENATE.
SENATE. THERE’S NO CREDIBLE ALLEGATION
MITCH McCONNELL’S COMMITTED A
CRIME HERE.
CRIME HERE. IT’S NOT LIKE THAT.
IT’S MORE THAT YOU’VE GOT A GUY
WHO PLAYS HARDBALL.
DURING THE OBAMA ERA, YOU HAD
SOME DEMOCRATS SAYING, WELL,
REACH ACROSS AND TRY TO WORK IT
OUT AND ALL THIS.
AND NOW WE’RE TALKING ABOUT THIS
IN THE BACKDROP OF THE
DEMOCRATIC PARTY WHERE THERE’S A
LOT MORE FOLKS WHO ARE SAYING,
YEAH, YOU HAVE TO BE JUST AS
TOUGH AS MITCH McCONNELL.
LOOK AT WHAT HE’S GETTING AWAY
WITH.
WITH. >> I THINK THAT WHAT EVERYONE IS
TRYING TO SAY IS NOT MITCH
McCONNELL IS ENGAGING ANYTHING
THAT WAS LEGALLY IMPROPER, BUT
IF YOU TAKE THE SPIRIT OF WHAT A
FEDERAL JUDGE IS, THAT IS AN
IDEA THAT WE AS A NATION HOLD
VERY DEAR.
VERY DEAR. THE FOUNDERS UNDER ARTICLE 3
GAVE FEDERAL JUDGES TENURE
DURING GOOD BEHAVIOR, WHICH IS
LIFE.
LIFE. ARTICLE 3, YOU’RE FREE.
THEY WANTED THEM TO HAVE --
>> EVERYONE LOVES THAT ONE.
>> THEY WANTED TO HAVE JUDGES TO
HAVE JUDICIAL INDEPENDENCE.
WHY WOULD YOU GIVE SOMEBODY LIFE
TENURE IF YOU DIDN’T WANT THEM
TO BE OBJECTIVE, IF YOU DIDN’T
WANT THEM TO BE A CREATURE OF A
PARTICULAR POLITICAL --
>> HOW DO YOU FIX THIS IF YOU
SEE IT AS A PROBLEM TO FIX?
>> I DO SEE IT AS A PROBLEM TO
FIX.
FIX. I THINK IT’S REALLY TROUBLING.
I THINK THE FIRST THING THAT WE
CAN DO, YOU KNOW, SO THERE ARE
TWO WAYS TO RESPOND TO THIS.
ONE IS TO SAY, OKAY, WE’RE GOING
TO FOCUS ON ELECTIONS.
WE’RE GOING TO FOCUS ON THE
SENATE.
SENATE. WE’RE GOING TO FOCUS ON THE NEXT
PRESIDENT.
PRESIDENT. AND PROGRESSIVES ARE GOING TO
HAVE A KIND OF EMPIRE STRIKES
BACK KIND OF MOMENT AND THAT
WILL DEVOLVE TO A RACE TO THE
BOTTOM.
BOTTOM. IT MAY BE A POLARIZED POLITICAL
SYSTEM THE BEST WE CAN HOPE FOR
RIGHT NOW.
RIGHT NOW. >> YOUR BUDDY JACK PAUL KIN,
PROFESSOR, HE TALKS ABOUT
CONSTITUTIONAL HARDBALL, THAT
THE REASON WHY THE MITCH
McCONNELLS OF THE WORLD AND
ARGUABLY DONALD TRUMP, ALTHOUGH
HE MAY BE LESS INFORMED ABOUT
THE TACTICS, IS SO DANGEROUS,
YOU CALL A RACE TO THE BOTTOM,
YOU EITHER TURN THE OTHER
PROVERBIAL CHEEK OR YOU GET INTO
CONSTITUTIONAL HARDBALL WHERE
YOU’RE STRAINING WHAT THE
CONSTITUTIONAL THOUGHT WHAT
THESE PARTS OF GOVERNMENT WOULD
DO BY SOME COMITY OR TRADITION.
WHAT DO DO?
>> RIGHT.
>> RIGHT. CAN I ASK US TO TAKE A STEP
BACK, THOUGH?
BACK, THOUGH? BEFORE WE EVEN TALK ABOUT THE
DECISION TREE AND WHETHER WE’RE
GOING TO PLAY HARDBALL OR TURN
THE OTHER CHEEK.
>> SURE.
>> SURE. >> WE HAVE TO BE AWARE OF WHAT
IS GOING ON.
SO I FEEL LIKE THE AMERICAN
PEOPLE AT THE VERY BASIC LEVEL
HAVE NOT BEEN SUFFICIENTLY SORT
OF INFORMED ABOUT THE QUIET
REVOLUTION THAT IS OCCURRING.
>> I THINK IT IS A GREAT POINT.
YOU CAN ARGUE, I ALLUDED TO
EARLIER, WITH EVERYTHING GOING
ON, PEOPLE MIGHT BE SURPRISED TO
SEE, CHRISTINE, THE STATISTIC WE
REFERRED TO EARLIER, THERE ARE
FAR MORE TRUMP JUDGES INCOMING
THAN THERE WERE AT THIS POINT IN
THE OBAMA ERA.
AND THAT MIGHT EVEN CUT AGAINST
PEOPLE’S GENERAL PERCEPTION THAT
SOMEHOW HE’S BAD AT GOVERNMENT
OR HE SERNLTCERTAINLY DOESN’T HA
TON OF PERMANENT CABINET MEMBERS
OR OTHER VAGUE KIZ.
THIS IS AN AREA WITH McCONNELL’S
BIDDING THEY’RE HIGHLY
EFFECTIVE.
EFFECTIVE. >> THEY ARE HIGHLY EFFECTIVE.
BUT WHAT I HOPE AND TO ADD TO
KENJI’S POINT, IS THAT MORE
PEOPLE GROW TO UNDERSTAND -- I
THINK THE HEALTH CARE CASE, THE
CURRENT CASE THREATENING THE
AFFORDABLE CARE ACT’S COVERAGE,
MILLIONS OF PEOPLE RELY ON THE
HEALTH CARE COVERAGE THAT THEY
RECEIVE FROM OBAMACARE.
THAT CASE PENDING RIGHT NOW IN
THE 5th CIRCUIT IS A REAL
EDUCATION MOMENT FOR VOTERS TO
UNDERSTAND THE IMPACT OF THE
COURTS AND WHAT TRUMP IS TRYING
TO DO THROUGH THE COURTS THAT HE
WAS NOT ABLE TO DO THROUGH
LEGISLATION.
LEGISLATION. AND SO WHETHER YOU CARE ABOUT
HEALTH CARE OR JUSTICE REFORM OR
VOTING RIGHTS OR ANY OTHER CIVIL
RIGHTS ISSUE, YOU NEED TO CARE
ABOUT THE COURTS AND YOU NEED TO
UNDERSTAND THE ROLE THAT THE
SENATE PLAYS AS WELL AS THE
PRESIDENT, BECAUSE THE SENATE IS
SUPPOSED TO BE ACTING AS A
BACKSTOP TO PROTECT OUR
INDEPENDENT AND FAIR JUDICIARY.
>> TWO EXPERTS WITH A LOT OF
DEEP KNOWLEDGE ON THIS.
KENJI FROM NYU AND CHRISTINE
LUCIUS FROM THE LEADERSHIP
CONFERENCE, THANKS TO BOTH OF
YOU.
YOU. >> THANK YOU.
>> THANK YOU.
>> WHEN WE COME BACK, ONE OF THE