Slate's Dahlia Lithwick talks about the Democrats' approach to President Trump's Supreme Court pick Neil Gorsuch and describes how nominees deflect questions from senators.
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Using the comedy central, please welcome that.
This week. Rachel, have you backed audio? Thank you for having me back and what a time to have you back? This is like your Superbowl exists, so depressing, it's like the world that is safer.
So it's so. It's like your Atlanta Falcons supporting flank sitting in a room trapped in a room with them all this p
in the world on the Senate. Somebody, I think you have to be treated- that the combined age of the first four questioners this morning in the Senate.
Two thousand nuke result like all. Let's let lit let's for those you don't know,
You are a really. An expert has dedicated your time to the Supreme Court. We have
seen a more exciting time and the Supreme Court.
Neil dosage is really up the stakes because he is trumps pick on the surface, he's qualified and yet the Democrats don't know what to do today. Block
and lose or do they not block him and loose ray? I mean, I think it it's like. Do we get rolled today, yes harder? We get rolled in a couple years when we get rolled again when justice, Kennedy or Justice Ginsburg steps down, or do we get role both times and so there's this real
tension about. Is this the hell? Do we want to die on filibuster, closer words? I dont understand dino treatment.
No chance and meanwhile, as you probably seen, he is sailing through these having a greater. I wondered this when watching it today to the questions actually matter. Does the house
bring itself acts like is the river a senator who those you know what you just changed my mind losing ground like that? Lindsey, Graham, is a force of nature and he likes to talk about how he one time voted for son. You suddenly are pleased or a public in and then everybody should be like him. So that's generally his his posture is
Everybody here is terrible. I amounts stand because once lunchtime, I voted first, some error in culture and that's that's like the limited use going back to, but it doesn't seem like people to change their minds.
Gossip? A lot of people have said is sailing through what is sailing through mean, though does it mean he doesn't ask,
It's an doesn't mean he knows what he's talking about. So I think that one of my favorite moments today Trevor was when Chuck crossly, who is the chairman of the Judiciary Committee from the republican side said. I don't want you to talk about anything you ve ever decided or anything you're going to decide anything. That's political or anything. That's not political! Don't let them drag you into talking about your record or other people's records. Don't talk about anything because they're going to trial
tricked you and we are going to have absolute. We follow this instruction then. So, when he talks about you know when they ask him a question about precedent, can't describe it when they say you know, is row binding president other court. He says it was decided one time you know, I think it's
us he's really just thing over and over and they say to him. You know it's so funny. You ve written articles about this. You wrote a whole book about this issue. You know he's done a lot of sort of extracurricular to jack you about things and he can't I've others either. I like that. He calls that, as well as my ashore quarter, to trap Wilson Little real quick about that people talk about me
while such and they say he is very right, leaning the arguments from many conservatives is yes, but he's a constitutional list, and so he will stick to the constitution. He cannot on
do you know Roby wait a will not undo.
Gay marriage laws, but that's not true visits. I mean two things one. There is a difference between between what you can do on the federal appeals court is and what you can do when you are a justice of the Supreme Court, so to say I've never overturned. Any cases has almost no meaning until you ve been on a court and in a position to overturn cases so that already a sort of street,
thing nothing he's done in the past suggests that he's going to new do x or why? But we don't know it's a whole different ballgame. The roles are different at the supreme. Do you think he'd want true,
well, I think I mean. Certainly he has written in some he's written currencies and dissent. Them he's written things that suggests that there are cases there's one case called Chevron. That has nothing to do with filling stations, but it has to do with deference to federal agencies and he's called it. The elephant in the
We need to get rid of it, so he certainly been very open about the fact in his judicial writing that there are some cases that he really think socks and that the court should re examine them. But when he's asked even about that, yeah he's ass. Well, so clearly you ve got a marker for what kinds of cases you think maybe need to be revisited
He can't talk about that. Would if you, if he is someone, that's a good impression of
do actually has already made a lot of time. The elephant in the room is the fact that Mary Garland was meant to be in that seats miracle and was someone was picked by a president of Georgia was picked by president who had every right to pick him. Republicans came out and said we can pick him because Obama is a lame duck which was insane but go such taking this job. What does that mean for the Supreme Court as an institution going forward? Why? I wanted to say
by telling you that Senator L, Frank in today directly asked him how he feels about the political cessation of garland and whether he thinks that garland was mistreated, and it will surprise you not at all to hear that Gore such could not talk about.
So
we don't know exactly what he thinks we know.
That look. This is unprecedented. Weave now had a vacancy the court for more than a year, Justice Glia died on February thirteenth in March Obama, tat someone to replace him, and you know I feel, like we even talked about
on this show that the Republicans in the Senate said no hearing with no vote. We're not even gonna have courtesy meetings with Garland, because Obama doesn't get to pick some one in his third year by some
Metric that we still know what that rule as what it s like a thing now and so there
became the rule, and you know when there were only eight people on the court which there have now been for a year and things get deadlocked, and we have four four ties and the court refuses to take any interesting case as they can to fighting it's really hampering the work of the court s politicizing, the cord
and yesterday Republicans on the Judiciary Committee having blocked merit garland for a year turnaround we're like we ve heard this thing up. It is unfeeling,
The court is not being treated as it do: dishes enterprise that has its integrity, and we have to reveal that and deep will. It is like that and it was really crazy because just the complete you know they ve completely change the rules and now that it's their turn to have their guy up there like. We should really go to those
rules. When people get asked and respectful hearing curls your question you or you were in the room when this is happening. How will you quiet.
I do not at any point just want to be like you would love and you're writing we following everything that you talking about. Thank you so much for joining us again in the show, and good luck with goes its end and leather. You can talk about thinking, brand
softly.
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Transcript generated on 2020-02-22.