George Washington University Law Professor Jonathan Turley, on 'Fox & Friends,' gives his take on Judge Amy Coney Barrett's Senate confirmation hearing.
This is an unofficial transcript meant for reference. Accuracy is not guaranteed.
Originalists, clear wording
of the constitution establishes
a right and you will not
acknowledge it.
Well, senator it would
strain the canons of conduct
which dont permit me to offer
off the cuff reaction and, as
Justice Ginsburg said, it would
display disregard for the whole
judicial process.
Brian, our next guest says hay
maker
judge, Amy Coney Barrett was
challenged on originalism.
So how did she do?
Lets? Ask Fox NEWS, contributor,
George Washington, university law,
professor.
I think we can still call it
George Washington, university
Jonathan Turley
Great, to have you on
great to have you back.
You said that was a hay maker.
Her answer
in Laymans terms.
Well, she is extremely nimble
in these confirmation hearings.
She was when she was up for the
appellate court.
You could see the senators were
trying to stay a bit out of her
reach because they have grappled
with her before she is very,
very hard to connect with to do
serious damage
and the exchanges between Cure
Bin and Barrett were actually
the most substantive parts of
the hearing.
They were very interesting.
Both did good jobs in raising
their views,
but she was very successful in
pushing back at this and saying
that im applying the same rule
that the democratic senators
supported nominees like Kagan in
invoking
these same questions were asked
to Kagan and Sotomayor,
and the democratic senators
supported them in not answering
them
Brian when they put up the
poster Board of the families and
heart wrenching stories and we
mapping. They are true about
healthcare and families they
werent really talking to her,
were they
they were talking to whom
thats. The interesting thing
is that she was about as
relevant as the Ficas plant in
the hearing. Room
didnt expect no answers and no
answers were given because they
could not be given under the
canons of judicial ethics.
I objected to those pictures
which I thought were highly
inappropriate.
They made her look like some
type of judicial serial killer
like these were her victims.
Theyre not
those pictures are based on a
wildly misrepresentation of the
ACA case.
The ACA case is not likely to
resolve in the entire
overturning of the affordable
care act,
its based on a very narrow and
at least indicated in past
decisions they believe in
severability.
So it was really unfair to her,
but there were many of her cases
were being misrepresented and it
was hard for her to deal with
that, but I thought she did a
very good job.
Brian Jonathan, the Jenning GO
case subtly saying listening to
it and put it our terms, but in
legal terms, trying to say from
what I see the ACA would
survive
thats, a message that
Republicans should embrace at this point because they have no
this point because they have no
healthcare replacement on the
recusal.
You should recuse yourself when
you were younger Bush v Gore,
you fought for Bush.
Should you recuse yourself this
election, so tight? It gets kicked
up to the Supreme Court.
What do you think about the
recriewfl requests? Real, quick?
They are utterly absurd.
The judicial rules on recusal
are meant to deal with issues
where you have a personal or
financial interest in the case,
or you were involved in the
underlying litigation.
None of those apply.
It would be facially ridiculous
for a nominee to take herself
out of a major challenge later,
just because she was nominated
confirmed before an election,
and you wouldnt want that,
because its the way, what the
democratic senators were doing,
was trying to influence the
outcome of any case by getting
her to remove herself and reduce
the court to eight
that by the way could result in
a tie, which is not what you
want in a major traumatic moment
for this nation,
Brian Jonathan. Finally, I know
you were preparing for a segment
with me, which you find
emotionalliality and mentally
taxing.
Could you show me the notes you
took to prepare for this
interview
laughter?
I have volumes here.
Brian you do.
The fact is I spent weeks
preparation for this
yeah
practicing in front of the
mirror,
Brian Good, as usual,.
Transcript generated on 2020-10-17.