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How Supreme Court Nominations Work

2017-04-11 | 🔗

Being nominated as a Supreme Court Justice is no small thing, and it doesn't always go as planned. With this week's confirmation of Justice Gorsuch, Josh and Chuck take a look at the process of getting named to America's highest court.

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This is an unofficial transcript meant for reference. Accuracy is not guaranteed.
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Hi. This is celebrity acting coach, Tracy more and I have a brand new podcast, the spirited actor. My clients include buster rhymes. Fifty cent Lala Anthony and Cardy, be jested aim of you ever thought to yourself. How can I learned the craft of acting and break into the business? Well, each week I'll talk to industry, gaslight, casting directors, agents, directors, producers, an celebrity guess so join me on the spirited actor podcast each week on the irish radio, app apple pod cas or wherever you get your pod cast. Welcome to stop. You should know from house to fork Stockholm pay unwelcome departures from Josh Fork loose Charles, the beach of Brightness Jerry over there, and this is doubly should know jerk what you don't think you're Jackson Prince Prince quarter to restrict you don't like me, talk or return your debate and cheese.
To see one of those hearings yeah. They ve come here magic our. I don't know, I'm sure they do column hearings. They'll Emma was positive, It's like shrouded in secrecy, the right you never know. I don't show that someone tv today like snow and they now but the you have like like You listen Anita, total bird she's, great Supreme Court Rapporteur, and am it's all this it's not televised, and I guess it This traditional reporting reporters that are allowed in there, but it's not close to press release that like a Pfizer quarters, none that was not a star chamber now it's interesting, though? It is sort of. It does seem sort a secretive though, because they like right these rulings Sometimes they don't even read him. I saw that Clarence Thomas, what seven years, without speaking in court, what yeah so too said where
you see that an article about Clarence Thomas, it said he'd he's one of the quietest just says they said he went at one point, seven years without speaking color, but We rights, alot shirt in his rulings in Vienna is briefs is brief. He writes in his brief I could see that because I guess, when you're in court, you arguing in front of the Supreme Court- and I think basically and will do, the whole separate Supreme Court Absolute right, be greater, ok, somebody market down, but you are you're being peppered with questions from them. And then, like yours, you're trying to answer the questions to show why your site is right are doing his cakes, their status as your guest intimidates on their behalf, A part of it is going back thinking about. In writing your opinion on it your job, it is. Is it
neat job to one of the big things about it is it's in here in the United States. If you're on the Supreme Courts, the highest court in the land Rights, Europe should set a year there for life itself, appointment, is the only Far, as I know, besides, you know Working at the dvd am I right three only for life appointment, yeah in the United States government. Which seems like kind of crazy, but it also sort it makes sense because you want you want to stay, Supreme Court yeah you want, focusing on cases not you know what, go, and I near relative ensure elected again: oh yeah ain't that makes it makes sense, and once you gonna put your head to it, but, also kind of dovetails with the waited there viewed here in this country, and I am sure abroad to that they are, This panel highly learned legal scholars year, which is basically like gum.
I don't know. I'm sure there's something in star wars that resembles a sinner. I counsel man. I'm always afraid is saying about star wars can other did. I can't the judge. Our banks, resign Hooker Anything about that. How could we write So this was written by our old buddy, Ed grabbing ASCII, Should we tell everybody the grabs her. She reveal the big reveal to her inanimate things are good. Oh you. Let me do it yet, so everybody. You may not know this, because we tried to stretch out grabs articles as much as we could they were starting to get thin yeah. There was a really writing for the site any longer what we said enough of this. We need him. Yeah good and bad so we did a little Wieland TED the dealing and groves is going to be writing again, specifically topics that we are requesting yet
it's pretty great, like you- and I were both so excited stoked, I think, is the word here soon. I we love Ed Anna Big shot out to him into Buffeloni York, yeah and their wings and their football team so anyway. I wrote this and you know it's a great article so, like you said, I think we can. I drove into it really quickly but if you're, not in the United States. You might be seen once the Supreme Court, although I think you'd, probably now, like? You said they are the highest court and there they thought branch of our government, and they are specifically specific- there, too can keep everyone in check and say like you know, you may be the president, but you're not a dictator, could you still have to answer to the Supreme Court at the end of the day, you can't run amok. And we're gonna we're going ensure that we in this house daily working to make sure that we review everything.
And a legal way and we're gonna to ideology? Escape that, of course sure, but supreme. Court justices response to rule on law ends ethically these days, at least how it relates to the constitution. Yeah it wasn't their initial. They were created to say like go, defend the constitutional right and the Supreme Courts, and what can we? So patches or be dazzled robes, and they, Kramer said sure we don't care. So they went out and defer the constitution. It actually is very vague the judicial answer the Supreme Court is created in the constitution, but all says, is that they are there to arm they its power should shall quote, extend all cases in law and equity arising under this constitution. That's it only thing it mentions about the Supreme Court in its power. So ever since the cost
to him was written and ratified the Supreme Court, kind of been this evolving thing. Was a volume for a while. Now it's pretty well set in the window, its role and in what it meant to do here. What evolves and changes are, like you said, the ideology and the personalities sure of the of the people sitting on the court. Yeah and their word is the final word that there is no court thick and overturn or view even their decisions. And they review they have about five thousand cases submitted every year. Can only review about a hundred two hundred and fifty which adults can ballade A hundred fifty church yeah. I was not expecting that, and they specifically try now like we said and focus on the constitution or Julie cases that have been appealed from lower federal courts, in other words their way up the food chain or- and I think they probably love these treason, cases involving treason or disputes with other country.
Our ambassadors can, like you, know, high stakes stuff sure as being an ambassador in getting dragon, run a supreme court for something you did being for your kid did. Yeah problem, why little flatness brat ambassador kids. So I like saying the m: the constitution vague about what the Supreme Court is meant to do It wasn't even out of the gate that they realize They were supposed to really kind of examine laws in respect to the constitution that started in an eighteen, oh the case Marbury Madison, big one, and it was yes a landmark watershed case, both both kinds, and ironically, court found that it didn't he. The power to satisfy the pity. And of the petitioners, I think James, Madison or no step
Marbury was suing green Management because James Madison had said. The commission's he was taken out of office, three phased out of office and the commission's were forfeited, and the Supreme Court said we know thought we have the power to do this, but it turns out we dont constitutionally gray. So sorry it was the first time the recorded ever examined something through the lands of the constitution and that set the precedent from then on yeah they serve well, they serve Can I have one they want to or if they die, obviously here but the average about fourteen years or retire. They average retirement the seventy one, but the cancer super long and another one justice or for thirty five years- and you know if you, if, nominate a young judge there, which is more the trend these days when you're thinking politically like you know, we want someone and therefore our team
pick a young one right than they can have. Tremendous sway and how things go in this year after year after year after year, yeah yeah, because the reason why they have so much sway is like the stuff that there their ruling on is cost traditional in nature, and here the United States, if its. If it ass, if its guaranteed by the constitution, protected by the institution outlawed by the constitution, whatever, however the Supreme Court, measures the law against the constitution, like you said that of the last year. From that point on, any law similar to what this court has ruled on it? immediately null and void. Like it's time, the edge uses a really good example, unassisted like if, if main bands, Anti war signs for able front yard is
current rules that that law is unconstitutional. Rhode Island has a similar law. California has a similar law, those those laws are immediately go. I guess right in I wrote islands gonna bring their case in gonna, try their case, one they rule is done. It's been ruled on that right by the sea yeah? I know there are nine justices right now. There are eight which we're gonna get into and Obviously, having an hour number means you can break a tie, so it's with eight. You can have it and when you do have a tie, it actually thought about this. Believe it or not. They are muscle, it's I'm kidding if they don't our vessel. But what happens is the lower court decision is what's called passively upheld, which means it that case only its uphill. It's not like the Supreme Court.
Rule on it, and it doesn't create that that nation wide legal precedent, wherever never passiveaggressive, someone could be now. When I get that night, the person they could bring up, more k, son's name one but a similar one if they wanted like have that precedent set right in this room, programming, let's try again near the earth for a year. Is to be decided, defend, the EU is a simple majority. Five before in a lotta cases these days in the United States, are I have like five before decisions, which is, the that pattern in earnest routine, really Shows you how disclosed the centre that that ideological, the bench is here and on the other because you know two votes that you can really rely on one way or the other scandal, for liberals are obese. Super conservative yeah these days. It's I mean
Sometimes you get surprises on ideology. I always thought this person would vote this where that way. But generally you got kind of foreign left before right or you know you did before Scalia died. And am I think, Kennedy is Where did the swing that right, yeah generally speaking, force? I used to be santiddio car right, but when when they say we were surprised without their going about this way. This pudding about mildly surprised. Yeah! Really. I wasn't expecting, though, Fiddle dd yeah, some of them. You will get to this later, but some of the appointees. Throughout history had been made by like a conservative points, conservative and then they RO little more liberal over time or the other way round and they're, always like they're, so upset right. Like you now thought, is what we are getting. But to me, that's it should be- and I like that means probably that that judges deciding
it is based on merit right I'm just again and entrenched in one ideology? Yes, what is it exactly what you want for a Supreme Court justice. Do we take a break yell cigarettes,
we're talking about appointments, so I will get to that right after this. I, this is celebrity acting coach, Tracy more and I have a brand new podcast, this spirited actor, where I give you the tools to succeed as a working actor. My clients include, must arrives fifty sad, Lala, Anthony and Cardy, be just to name. A few here were thought to yourself. How can I learned the craft of acting and break into the business? Well, each week I'll talk to industry, guess like casting directors, agents, directors and producers and I'll have celebrity Gaslight Vanessa, Simmons, Angela Ye Sean Ringgold and many many more. They will share their failures. Their struggles, em they're, triumphs on their journey in this business. These are not just the leading experts there. My
France, so we're gonna keep a one hundred for you all the time. So join me on the spirited actor pod cast each week on a heart, radioactive apple pod cast or wherever you get your pod gas. Has this work appointing So remember the constitution there Supreme Court I'm amount rang going to take a nap, so a point of order What is it all just made up right? There's? No, applications, others requirements you you
I could be nominated to be honest, pink or yet tat and tat. He should toiling. President was like I want figure the fastest way room, my political career right. I've got a judge and jack. That's who, as one would be a good way to do it because again, in this country, people, trees, cream court nominations like a religion yeah, it's a big big deal. Not even did like gets through the process to nominate somebody, you can bring so much flow back from your party from the voters on the opposing parties from everybody. You really want to think it through haphazard thing, but it is far stop starting the whole thing off. You have a list of qualified candidates. Every single supreme court. Justice in history has been a lawyer at least threat, but lately, almost all of them. The only person on Supreme Court. Now who isn't a judge is occasion
but the trend is most homer. Federal judges who are called up to the bags and a lot of them have even service clerks on the Supreme Court right. What they're looking for with all that is experience yeah in and for the last hundred fifty years, not only have they been attorneys, but they ve. They didn't gotta. You know that the Strip Mall, although O Connor, while shooting at a Strip Mall law school but choose a strip. My lawyer, I think, yeah at first year They have all graduated from like an accredited logic: universal, not Doktor Nick graduated from the upsatirs medical clinics that arose at the figures, Tijuana upstairs medical. A lot of these justices before their supreme court. Appointments have been involved in politics some of them have been governors. Some of them, have been in Congress. There was even one former President one Howard Taft
tat does actually great story. He hated president hated it. Loved being a supreme court. Just as I could see TAT, he sat on the bench, a groaned anyway, I'm home. This is great. The dead groaned I know for a little while there are people, there were rumblings that Obama might be in line for supper. Court appointment wow had the election gonna destroy air which would have been. I could see that I can do, but you know I was in the second half not founded on appointing a half hour. It's. This nomination goes through an the president. It used to be like a very. Robot, solitary, probably their little closed circle, but now, like you, they get a list and that that all from a But very smart people write that are trying to four. Entrench their own ideologies, should basically gonna sing it
from that list, the candidate and We need them officially in the Senate, then will hold hearings and, just recently you know, we ve seen this going on in others happening right now with gorse each year. And the whole thing would have started worth course. It's getting a phone call from the press, saying hey, I want you to want me unless the frame, and course it was like. I don't know if you say the king of the Supreme Court and hung up right now. Is it and yet the name gets released to the press and the Senate says Ions get busy, let's get to work and this whole hi beehive of activities, asserts kicking up around one, poor sap accepted the nomination and now has everyone
from the Justice Department, the Congressional AIDS putting I'm late text gloves in going right up there rectum to try to see what they can find in this person's past yeah not only what they can find in their pass, but really growing them on maybe where he or she might lie ideological. Like rout. How would you rule in this case that happened. How you feel about this case, and I was watching the news network the other day talking about how Gore suggested Jim Masterful job of like dodging the fighting. Yet like not going on record with with how they lean night that in its tradition, well yeah, apparently they state that, like the One thing that you're supposed to do up there is not give anything away. No because it aims to big dance and if they say yeah Joe Biden back, and I think the eighties call it. A kabuki dance in Alina Kagan call their vapid and hollow charade, because
the senators or trying to pin down one way or another on your views on gun control, abortion right, although these hot but an issues that the Supreme Court has either ruled on may rule on in the future may overturn at some point that that really the country ideologically and the point these Senate hearings is basically for the the nominee to sit there and not give up anything because they did do that yeah. Then they would have to accuse themselves from that case, for having gone on the public record of stating their position. Oh yeah. It's the opposition's parties job too they're inside and rather temples and say Just seems like you to want to go on record for anything right and they need, get to respond, it's a Senate hearing, but for Supreme Court Justices yet always up. It's really funny that that they play they adopt the ISIS Senators act like they just can't believe was going on. Even though this has been happening for debt
Now here, it's just a big about a charade, but I think part of it is they. Part of it is to see how they can hold up to the growing too. I think that's part of it as well by the the the group probably plays the biggest role in in kind of rooting out what the nominees politics are. You are the aids in the Justice Department and whatever they leaked to the media right because you're, not gonna. Let you wouldn't find anything out about say, like Gore, such from those two days of hearings right, no one found anything out about him. If that's all you know about that, guy was those two days of hearings. You didn't read anything else about it. Now you have no idea what his positions were. You just be like that. Got one of the better haircuts I've ever seen in my life. That's all you get from it by the media tends to report on it and they kind of fulfil the role that arm that that the Senate fail.
That every single time and it'll be things like Gump Harriet Myers was with some. Is nominated by George W Bush and He's gotta media blow back for his terrible nomination yeah, but one of the things somebody found was that she had contributed some money. In nineteen, eighty, eight, like a good fifteen, something years before to Al Gore's presidential campaign. About the thing they die like little stuff and they try to put it all together to create a picture. So The senators can ask him about stuff or whatever the media can campaign a picture one way or another in every can try to divine how they're going to rule now Harry Myers actually go through the Senate. Hearings did know you. Will you wrong? Why, This will happen Wanna times. If there is a skeleton in their closet, sometimes they would accept. The nomination For that reason, sometimes we want except the nomination is right now, man, I know it
go through all that, I'm fine just being on my federal circuit here right, but sometimes I withdraw if they know that they won't make it through that and they dont want to drag out public and sometimes the young, the president. Withdraw that nomination. To avoid that Canada harassment to write by Clarence Thomas, I don't know how they miss that or if they did, you know with famously Allegedly sexually harassed and need a hill and I don't know if they that and come to wait until the hearings or, if that's what my guess was really. I think they they started the hearings and they were still doing investigations and now get out into a new hill. Yet he didn't. I really was a day. I don't think in today's climate, no, it was still is not but what's ironic about it- is that he wouldn't make it in today's climate with our awareness and understanding of sexual harassment- Those hearings his his Supreme Court, confirmation hearings were. Why expose,
the world to sexual harassment, your concept of it that we understand it, is rooted in their moment. In those three day there were Anita, hell, stood up and was like this mess. And I'm going to share in it. Clarence, Thomas famously called the whole thing, a high tech, lynching here and then after all this, so he was about to be voted on. There is debate in the Senate which will get to this process and a second big syn This came to light. They sent it back to the committee, hearing yet so book a huge step backwards in the confirmation process. How'd it go three days of Unita Hills, testimony and then after that, the Senate still said Michael. What will confirm me? yeah and he was so said. He said, I'm not going to talk for seven years. Correct answer you so on by and large, though, that the vast majority of appointee submissions logic on nominations
are appointed right, I think it's something like there have been a hundred and sixty one nominations and a high, Twenty four have been confirmed. I think there's in thirty six rejections and so the star withdraws, withdrawals, or there's one very recent one that I think is the first in history. Bombers, nomination of merit, Garland didn't even get heard yet, which is- very much. An unusual step was taken in the process. Yeah? I mean this just happen. Everyone saw happen. Obama was in his last year of his presidency, and so Republicans. This basically said Not only are we not gonna vote on it or not. Hold hearings. Some of em that, even one to the guy they here their bomb at home rector. When I get you anything,
which receive a lot of low back from people already frustrated with the notion that maybe these people work for them and they should do their jobs, and that is one of their jobs is too at least have hearings and take a vote and dumb they- everyone dug in and arm, he went without bearings, went without a vote and now he's doing now. I guess he just kept Geller job, oh yeah, I'm sure I'll. Take you local loop, Java. None like quit and move in everything right go on the trail, I'm no. He yeah yeah. I, but I think that the more to the point, I cure it's gotta your reputation you know I'm saying like, even if there is no fault of his own, Still like a black mark on his history at least, Well. It was a big deal because this was on it
a tough to pin down someone's political ideology. As a judge, there were few ways of doing it. There's something called the Martin Quinn Score for Supreme Court. As this is an they compare, how they vote. To one. Another. And then there is something else called the judicial common space score which met is their ideology based on ideology of there. Its president's and Homestake senators, and then think this from Washington Post. I read an article that thereby we join us out. How liberal is garland where he who is super centrist, was any well. They said in the end they looked at, although scores, and then they did one more aware. They basically looked at the locks said they hired because generally you gonna higher clerks. I agree with you in court all over your work for judges who they may agree with and they looked at what they're the clerks,
called donations where they were so with this guy's got. They said that he was centre left in the end. She would have definite swung the court more the left, but at the time. You know it was sort of a showdown. It was like for the cancer. I do we do we like Linda through because he sort a sinner latin or do we take a chance that Hilary when's, the selection and go whole hog left. This. This way more liberal and in the end they dug in well, everyone does happen. Yeah I read both sides. It is obviously the liberals and Democrats were just crazy over there, like with the audacity of not doing this re that that the because the Republicans were saying. Well, it's an election year, Serene Wanna put a supreme for now many on the Supreme Court for life during an election year right and though the Democratic said, you're crazy, there's been like eight or nine. Core justices were
firm done an election year. That's a terrible argument, parent Lee, that was when the the I think the government wasn't split right there unlike the executive and Congress were in the same party, the same party was in power for like seven or eight of those confirmations to have gone through a bus actually have legitimate arguments right. It definitely in like a dereliction of duty from there side. Looking in well worded to set up the gorse, it a situation now is Democrats. Are delaying the vote and I think that the time is comes out. They will averted I guess so cause, usually, I think, Colonel said by April. Second, he be confirmed was his yeah what they delete it one more week a couple of days ago, but on regardless
You know emanate if it hasn't just happened, and so they set up the situation, our Democrats or dug in and there I don't expect- votes from us reconfirm and then the Republicans are saying. Well, if you do that, though we don't you simple. We just need a simple majority we can use was called the nuclear option which we talked run, the filibusters absurd. I think he s other democratic filibuster than they would use the nuclear option, which means they can carry the rules and firm confirm with a simple majority, and then there's a that, if that happens, that will do be the norm going forward, yeah the values that for everything in in. On the one hand, it will definitely be the Democrats fault because they use the nuclear option first threat, but they they use it for of Obama appointees back, and I think to doesn't thirteen or fifteen and Don t. They said civically. This does not apply to Supreme Court nominees right now. The panel is showing the other way the Republicans are in control if they use the nuclear option for
cream court nominees, that'll that'll just like there would be nothing off limits any longer, and yet the there will be no filibuster power in the Senate any longer. It really underscores is how ugly things have gotten out. That's pretty these days in Washington. It is should table will take a break in a second chamber. We can talk, the Senate. The house has nothing to do with this actually decide whether pouty, yet a little bit it strictly. The president and points in the Senate holds come committee hearings and then, debate and then votes, and then the person is either confirmed or rejected. Almost Sclusively confirmed right, and if they are rejected, the can be submitted again, but it uses does it make sense to unless some big has happened that makes the president think that they can get confirmed right, which happened I think with
Jackson is our right. Yeah, I'm in the eighteen. Eighteen, thirty six yeah he had a gaining Roger Cainy I'd, never heard of before, we submitted got rejected, and then there were elections that change complexion of the Senate. There was much friendlier to Jackson, so he did it again. Gap is comprised of men with it like a baseball, had on said about this guy refilled, aesthetic, mustache, George W Bush did the same thing to but he'd his guide, John Roberts didn't dare rejected, but he nominated Roberts twice in the same month for two different seats, the train, a second time he got confirmed so well, there's a lot of power taking that goes on behind this little thought goes into it. Nuts. We all we'll talk about all that stuff right after this
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so Chuck This is not. That again is isn't taken lightly. It is hollow and vapid charade and a kabuki dancing Nicholas and a lot of ways, but it's the onerous is really really important, and that is that you have a cream court justice whose work of nine votes since that date create a law of the land. They are here in the United States in that they're on their for life, so everyone again takes it extremely seriously and there's a lot of things to be considered when the president is. Is it picking a nominee from that list that they have yet
you know, even though he said there are no rules for qualifications, their zeal, history, that's kind of become accepted. His qualifications, which we about a journey. Generally federal court judge so once that is, can assist out talked about ideology, a lot in I'm going to find. Is it points out the perfect fit where someone he's with everything that you agree with as president. But what you want is someone here. By and large will side with your side Once let me look at young, feller, yeah sure he's like us, but again and second to be a perfect fit yeah, but you also want someone who probably has a good chance of getting confirmed. That's a big point right so like that it there's a lot
actors. They go into that selection razor. Obviously, if you are a conservative president special, guess deeply socially conservative president, you gonna, I too find somebody who's of pretty socially conservative idea gray. Yet another beer, your pic, but you may want to stop yourself and think about this first, let's, let's, let's think about this who's in control, the Senate. That's a big one! Sure if it's the opposition party. Well, then, you may want to consider somebody who's, maybe a little closer to the centre, because Your person might get rejected and if you just an outside observer, saying well, who cares its they'll get rejected pick. Somebody else you, you said you have a: let's go to the next person right: bread, there's a lie! a political ramifications for the three, so if, if you are a president in your picking. Pretty radical nominee.
Can make you look bad aspires if you're, not that popular of a president yeah? and it can also have a lot of bearing on a mid term elections and how the public views the direction, trees going as a whole year, because if the Senate goes along with your radical person in the public's, not down with that person, that's be a a navigation on ban on the ballot like yours, You're not going to look good at all because of the Supreme Court nominee pick that whoever just left what where there was a retiree or in the case of Scully. As someone who just died, Suddenly, Thou justice is gonna play a large part in again pending on what parties in office. What a party holds the Senate right. Given it gets the replacement. Can you can you get somebody pushed through and if you can't second look very good
As the President yeah and basically with corset, I looked him as far as where he might set, or is predicted, to set he's pretty right, when I saw obviously pretty right, but they said that he will right now at least This is, from my other, the studying done from us different, allergies that I talked about earlier. They said he would set? Second to the right next to Thomas, the silent Clarence Thomas Apparently, the furthest right at this point, yeah and then you know it goes all the way through down to Estonia, Soda Mayor who's, the further to the left, gotcha. And then Mister Kennedy in the middle man, what a powerful dude he is really to be saying about. He gets give basket. A little time. Roma invested his methods every morning and depending on forecasts like way in advance.
Unlike it's, not Supreme Court justices its appointed appointing judges. Author the system in the United States applicants have had a attack for years now. That's really paid offer them where they have really worked hard to appoint as many judges consorted with judges throughout the system and staunchly tried to oppose any liberal appointments, and you get those lower towards me. Well, don't pay a lot of attention a lot of times to these lower court appointments and it's made a big difference. You know oh yeah area over time. Sure if you got that many more bullets in the chamber just in as far as like conservative rule yeah it's all over the country. You know, if you have more of your people in place and lower courts, be more clerks, then what them that our conservative and then eventually they rise up in your programme, the better chance of getting a Supreme Court
many appointed, whose conservative, an incubator yeah that's good. I look at it, and foreign system surf abruptly We love it terminology, there will you so am I reserve farthest left in Thomas's further to the right right now is what they say, and I think you're saying earlier to that. You know, depending on who is this replaced at them. Decision on whose picked as well you're right now, because they fear replacing a far right seat with the far left nominee gonna get some serious pushed back from the right, or vice versa, yeah and that's why this election. You know that we just went through so important because there are some aging members of the Supreme Court and dumb. You know if you get to appoint like Nixon got to appoint for
bring court justices yeah. They turned on him like a pack, a jackal, yet three oven dead. I'm sure! That's what next in thought yeah that fits in this is kind of a pretty good demonstration of how cream court nominees, their point are there nominated by president's, but they are in no way meant to be beholden to President's dopy, it's a date. There not doing their job if there ruling in in with what they think the president wants to hear. Yeah. I guess that's. Goes back to why there in there for life, like they probably who feel they saw other ideologies, but they probably feel like I'm in here. I can't take me out right this, probably some mechanism them if there is something really bad, it's it's impeachment its exact same process. That we get rid of a precedent with worthy house and peaches the person and then
those convicted or not, and then they remove the only been threatened twice I wonder what was an excellent point of hers. I hear interesting I was looking like aesthetic Darwin and the kind of get started digging into history and arm in the modern era The internet Scalia is rated, is the number one most conservative justice in the modern era, is right when it said seek I have always further right than him and the gorse it will be even further right than Scalia are you in writing, that its Walpole created twilight and create this either so little conflicting source, while this Stanford University, their university Chicago, Northwestern and Harvard IRA out the Friday A, but it was based on
This depends on what they used to say. They're, both super conservative, ok, but I mean one of the things they looked at and they like to look at his campaign contributions, either by like us, at clerks or by them, and they said based on gorse, hitches horses camps. Contributions. They said that he would be more conservative, Eighty seven percent of all other federal judges- yeah, that's pretty conserved, went renquist was supposedly number two I promise that where there are five Thomas, a number seven miles while by that they have him in the furthest right right now, at least in this. Injustices Well, and then there's people like a said overtime that might change a bit John Paul Stevens was the guy that was in there. Thirty five years and apparently he became more liberal overtime Then burden was very conservative, but he ruled against segregation. Psyche can never know
it's outer became, he was a bush, Kennedy, and I think he was one of those it like is really mad at their like you're, not nearly as conservative as we thought. Sounder would never big to yeah. I mean you just can ever tell you to tell the whole point is that the good justice, That's what you want. You don't want to be able to look at them and be like. Oh, this is how they're gonna go and be right. Every time you wanna be surprised, because if you can just point HU, a Supreme Court justice and say something about their doing it too job, their varying ideologically, not on the merits of the case. Yet some to say that you want a supreme court. Justice never know what they're going to do is an unpredictable. Like Clarence Dance, you didn't speak for seven years. You know I did not see they're coming they Oconnors wrote a penny farthing to work every day. We didn't know that Judge Renquist, huge heroin problem. Oh yeah, anything else,
yeah one of the things that Harry admires was criticised for the hair Myers nomination by George W Bush was that some had dug up that she had called. George W Bush cool. At one point, I really used against where they were worried that she was. She would be beholden to unravel behind this. U circle, coup interesting So we didn't cover this sitting is pretty interesting. Arthur Goldberg point men of John F Kennedy he was jewish and he took his oath on the Hebrew Bible and on the traditional official court Bible, which is a christian Bible. And he sign that, because everyone has signed it, he said, and I just wanna make a big deal out of this email, jewish outside the christian Bible. Together maintain continuity when he was on He said was really neat when he was sitting. It is bad for the first time he
he opened the door and there was a copy. The constitution. You got yourself. A dog yard copy the constitution that really belongs signed by who, Oliver Window homes. Pretty me there it is, then that drawer right cousin that old Yankee from Olympus No idea what it meant something to go over your Taylor is that he's looking for like a no bad. Yet there was no. He thought that was pretty awesome will I did. It is pretty asked if you think, Supreme Court nominations are awesome, you should go. Look I'm up! There's plenty stuff out. There is pretty find a watch, If you go back through old articles every, nomination cycle, whatever pattern it follows: has people griping about how you can't tell anything about this nominee and they never say like that for all nominees anyway, shift our memory lane you'll amuse yourself. You can also,
open the words cream court in the search bar has the ports and, since I said Supreme Court itself I'm gonna call this Georgia connection the trail of tears, hey guys. I enjoyed themselves and trail of tears, which I literally just finished, Calhoun Georgia, which is home to the new echo etc. She says she says it's legit. I owe even I think that right historic site, it is home to the print shop where they first what language Cherokee Newspaper was printed, the home Samuel was the other things beautiful and fascinating place. North Georgia kids have gone on a field trip there at least once for US road signs a dry pass, every time, a drive to from my mother's house indicating that I'm actually driving where the Cherokee marched from their homes airy sobering. The home
Van is also nearby. I did know that you'll see that stuff yeah. Too far. I enjoy your history upsets because the way explained history in Layman's terms and make an interesting someone like me. You couldn't quite stay awake, history class in school I believe learning about history is important to help prevent society repeating big, shameful felsi mistakes. Thanks for the work you do and all the stuff we should now stay that is from Tiffany waits Tiffany. If you don't stuff, you miss in history class from our colleague racing how you should check that up to pressure Sprague somebody could be right up orally. Who was it five anyway thanks Lloyd, Tiffany. We appreciate your writing in and if you want to be like her and entitled to tell us in cool stuff, you can t to us. As my escape podcast or Josh Clark, you can hang out with his on Facebook, complex Charles, the reach of bright or stuff, you should you can send us email, stuff, podcast, the House, the force that come in join us at home on the web,
should know dot, com for more or less and thousands of other topics. How stuff works out. Com. How do I do all the different things I love, even though they might not make sense together? If this question sounds familiar, the limit does not exist from heart radio. If a pod cas it's just real, I'm Cates got Campbell and I'm Christina Wallis. We want to help you follow your curiosity, celebrate your individuality and embrace the and not the or join us for concrete tools, real talk in conversations with inspiring guests who have crafted their own interdisciplinary careers, whether its astrophysics and valid or theater and technology. We believe the limit does not exist. Listen to the limit does not exist on the heart, radio, app apple podcast or wherever you get. Your favorite pot casts.
Transcript generated on 2020-01-10.