Kavanaugh Just Made SCOTUS History Already With Major Move His First Day On The Job
didn't our president Trump is participating in a ceremonial
swearing-in of Supreme Court justice Brett Kavanaugh as Trump in this GOP
celebrate the victory the nation's top Democrats
well the urging supporters to quote make Republicans pay the price for break
heaven on here now to discuss Kerry said Marie knows she's a former clerk for
Justice Thomas are also current a judicial crisis Network chief counsel
Kerry let's talk about justice Kavanagh he started hiring some folks today he's
putting his team together and there's a lot of speculation on what kind of a
justice he will be hey yeah he had to have provisional clerks hired just to
get ready because he starts hearing cases on Tuesday tomorrow so it's it's
it's getting a lot up to speed so he already had his clerk kind of waiting in
the wings ready to go and this is gonna be the first time in history that any
Supreme Court justice says all four female clerks that'll be exciting to see
even you know even someone like Justice Ginsburg has not done that before so
that that's really in keeping with his pattern he feels very strongly about
encouraging women and minorities to get into clerking and it's a good leg up and
in the legal field so he's putting his money where his mouth was is a percent
carry you spend time with Justice Thomas some some speculation some people
thinking out loud maybe the process may be as grueling and it's vitriolic as
this process was that something could have occurred within Brett Kavanaugh
that couldn't that it could actually influence his decisions from era now
there's any chance of that look he's someone who has been on the
bench for 12 years he's already hit his stride really I don't think you're gonna
see this affect him and that's great news because when you look at his 300
plus opinions so far it's a a very reasoned careful jurisprudence he's very
clear about sticking with the original understanding of the Constitution
sticking with the text of the laws trying his very hardest not to let
politics get in there and be very even-handed that's why you had people
like Obama's Solicitor General Don Verrilli
stepping out and saying he'd be great on the court Lisa Blatt a liberal feminist
more the woman who's argued the most cases before the Supreme Court she
testified for him Akhil amar a Yale Law professor as well so all of these are
are people who really respect his judicial approach it'll be it'll be the
same going forward very even-handed but but connected to the text of the law
real quick area the five four looks like the balance of the court a lot of people
are concerned the politicos ation of the Supreme Court do you see it that way I
think it's people who were trying to make a pitch to say oh no I do I want
the courts to shift back to the left more look guys this is we have someone
here who's going to follow the constitutional law that means the law
that's a liberal law he'll apply the text that just like a conservative law
but I don't think he's gonna be susceptible to those arguments what will
help the integrity the court the most is someone who's faithful to that oath that
he took Saturday and they just taking again tonight at the White House I'm
excited I'm gonna be heading to there shortly to watch that if he's faithful
that oath to the Constitution that's the best recipe for deep politicizing the
court thank you very much Kerry we by the way appreciate you helping us with
this throughout the entire saga we appreciate it thank you it's
associate justice on the Supreme Court Brett Kavanaugh gets right to work
tomorrow he'll be replacing Justice Anthony Kennedy who was considered a key
swing vote on the court so where does Cavanaugh stand on the big issues
expected to come before the justices joining us now Justin Walker a former
Cavanaugh Clerk it's a big question but can you generalize where does he stand
well John if there's one thing that's clear from judge Kavanagh is 12 years on
the second most important court in the country it's that he's very faithful to
principles like textualism and originalism and what that means is that
he doesn't think it's the judges job to make up the law it's the judges job to
go where the text of the law leads that's what I expect him to do on the
Supreme Court so Congress is in charge of passing the laws and enacting them
and the courts are to interpret what the what the Congress wants to do that's
right so let me give you an example sometimes Congress will allow an agency
to take action regulate in a significant way but
sometimes agencies try to regulate in the even more significant way than they
have the authority to do now for decades courts have been pretty deferential to
agencies and the result has been a two trillion dollar annual regulatory burden
on the American people and on the American economy I think justice
Cavanaugh will be among other justices on the court who's skeptical of allowing
agencies to do things that Congress has not authorized the agencies to do you
watched the hearings I'm sure you heard a lot of mud being thrown at your former
boss tell us about the guy you know well the guy I know is one of the most
thoughtful down-to-earth brilliant lawyers that I've ever met
he's also a person whose word I trust absolutely without reservation without
any kind of qualification and I'm very happy that he's on the Supreme Court
I regret that he had to endure a hundred day process that was vicious that was
search-and-destroy that saw some of his opponents breaking every rule in the
book and I'm glad that when he had a chance at his final hearing to show
outrage for an outrageous process that he showed the outrage he was feeling and
that a lot of us were feeling what about the charge though that he became too
political too partisan in answering the charges of Christine Blasi for I think
all judge Kavanagh did was call out the political vicious
search-and-destroy tactics that were being used against him and he did that
in his role as a nominee I think his role now is as a justice to go where the
law leads without any passion or prejudice for a particular party or a
particular policy outcome that's what he did for 12 years on the DC Circuit and
I'm sure that's what he's going to do on the Supreme Court here's something from
The Wall Street Journal and an op-ed piece about what they see as being at
stake here it says the ugly Cavanaugh confirmation has awakened many
complacent Republicans to the methods of the American Left those methods will be
in charge if Democrats control Congress should Democrats control Congress they
are talking about the possibility of impeaching your former boss what do you
think about that you know I still have enough optimism about people left right
and center to think that they won't go to that extreme but I do have to say
that you know maybe my optimism is not well-placed this is a process that saw
allegations of witness tampering by people who were opposed to Kavanagh it
saw the one and only Michael avenatti it saw leaks of dr. Ford's name against her
will so it saw a lot of dirty tricks used against judge judge Cavanaugh now
justice Cavanaugh I'm hopeful that the next kind of breaking of the rule and
breaking of the norms will not include an attempt to impeach Jonathan Turley is
a noted legal authority he says that justice Cavanaugh is going to have a
huge impact on the court right away listen to this
I think Cavanaugh was viewed as a long term investment because of his age but
he's gonna have some pretty short term returns I mean this docket is designed
it seems for Cavanaugh what do you think about that a docket designed for Brett
Kavanaugh well I think that I would be a little bit cautious about overstating
the impact of this nomination remember Kavanagh replaces Anthony
Kennedy who was probably one of the 10 most conservative justices of the past
70 years and who voted with the Conservatives in every 5-4 case last
year now having said that justice Cavanaugh is going to be faithful to
textualism and originalism he's going to be there for 10 or 20 years and this new
makeup of the Supreme Court a solid majority that will be faithful to
conservative legal principles is quite a legacy for people like President Trump
and for senator Mitch McConnell who was the only person at the center of the
garland Gorsuch and Cavanaugh nominations he prevailed in all three of
those and the court looks the way it does in part because of senator Mitch
McConnell you're a young man you're obviously a lawyer or working to be one
would you want to be nominated for a Supreme Court position having just seen
what Brenda Cavanaugh went through well it's nice of you to call me a lawyer I'm
a law professor so I think that means I'm a recovering lawyer but you know I
think that I think that anybody who's nominated would find it to be an honor
on the other hand you know this process of leaks and dirty tricks protesters
yelling murderer murderer senators like Cory Booker calling you evil and saying
that your supporters are accomplices of evil you know this is not a process I
would wish on my worst enemy but I am glad that at the end of this this very
ugly process justice Cavanaugh is on the Supreme Court where he belongs
well it's it's good to get your take has a guy who knows him well and worked for
him thanks very much for your expertise thanks John
thank you god bless you and God bless america
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