the pic could swing the balance of the
court for decades and paved the way for
conservatives to revisit landmark
rulings on abortion and gay marriage so
is this nomination going to turn into a
battle royale no matter who the
president picks joining me now the Daily
wire editor and chief ben shapiro back
in action welcome back Ben
hey thanks how are you doing so I'm very
well thank you very much so what do you
think of the president's top three picks
the people that we're hearing so far and
do you think that this is actually the
final list the final three my guess is
it probably is the final three I'm
hearing from a lot of folks inside the
administration this is the final three
which is too bad I thought that Michael
Lee from Utah would have been the best
player on every issue he's the senator
so he probably sails through without any
problem and you're not gonna have to
worry about his legal interpretation
since he's been on the record about
virtually every issue as a senator and
one of the big problems with how we do
these judicial selections is that you
have to draw a balance between what you
know about these nominees and what you
don't meaning that if you pick somebody
with a clear convincing record of
originalism then the left is more likely
to tank them just as they did Robert
Bork back in the 1980s if you know how
they feel about roe v wade then that's
going to lead the Senate to to shut them
down so instead what you get as a bunch
of inane questions about how much do you
like roe v wade and you have some
somebody say well you know it's
precedent and which which means nothing
I mean there are lots of cases that have
been precedent it's incredibly
irritating how we do these judicial
confirmation hearings you don't learn
anything new about these folks which is
why the vast majority of people who are
even brought up for the hearings unless
they are wildly unqualified like Harriet
Miers for example ends up on the Supreme
Court yes I think just about anyone the
president picks it's but it's
interesting because he goes through a
different less intuitive process with
his Supreme Court picks than he does
with some of the other decisions and I
don't know if this is because it's
unfamiliar territory but it certainly is
fascinating and you're absolutely right
not only about Mike Lee and and the more
I think about it and and Ted Cruz
actually wrote a really good piece for
Fox News opinion he stayed basically
what you said which is if you don't want
surprises then you should probably pick
someone who's got a very consistent
philosophy who will follow through on
that judicial philosophy for decades to
come
Mike Lee is
young he's consistent and he's also a
senator which means that if there are
Democrats or Republicans on the fence
you may have people even in another
party who would be more likely to vote
for him based on the interaction that
they've had with him he's an affable guy
but you know apparently and I know the
President had a conversation with Mike
Lee all we can hope is that his
unpredictability rears its head once
more here and that Mike Lee is the
surprise pick on Monday
I hope so too I mean the other three
picks I think all of them are fine I do
have my preference I think that the
Coneybear would be the best followed by
Catholic and finally Cavanaugh I have
the most doubts about Cavanaugh simply
because having read many of his
decisions it seems like he's very much
in the line of Justice Roberts which
could mean too clever by half I think
he'll probably be more solidly
textualist than Roberts has been but
reminder that that when it came to
Roberts opinion Obamacare the very basis
of that opinion which suggested that
Obamacare was a tax rather than a fine
that that logic came from a Cavanaugh
opinion on the DC Circuit Court of
Appeals so yeah I've got problems with
with Kavanagh in general he's being
pushed very hard by a lot of folks from
team Bush who who knew him way back when
and are very fond of him he's kind of
the DC insider pick I think the Catholic
or Barrett would would probably be more
solid in terms of what originalist are
looking for let's talk about Baird a
little bit she's from Indiana currently
serving on the 2nd 7th US Circuit Court
of Appeals she's young she's 46 but she
does have what Dianne Feinstein
personally attacked Ron is more of an
informed philosophy based on her
religion and you can see the left will
adamantly go after someone like that
knows exactly why Trump should pick her
frankly the fact that the left is going
to attack an observant Catholic for
being an observing Catholic is gonna win
in Pennsylvania so I don't really see
the the reason and shying away from that
fight if they want to go after a 46 year
old mother of seven who happens to be
Catholic and who has written extensively
on the interaction of Catholicism in the
law she said for example the judges in
death penalty cases who are Catholic
observing Catholics should recuse
themselves rather than ruling on the
death penalty
she says that abortion however is more
of a matter of public policy than the
death penalty in individual cases let
the left go after her like I don't know
why people would shy away from a fight
here the more extreme the left looks the
better it is for pres
from an attacking inarticulate excellent
candidate with it with a great story
like Amy Barrett I just don't see how
that hurts President Trump in any way
all right we'll see I don't I wouldn't
be surprised either because I think he
wants to put a woman on the high court
and I think he'll put some pressure on
particularly some of those female
senators who are looking to run for the
presidency in in 2020 because if the
future is female it would be pretty
hypocritical of them to vote against her
Ben thank you so much thanks a lot