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Think Tank 1110am Trump picks his nominee

Feb 1, 2017|

Trump picks his nominee to fill the vacancy left by the death of Justice Antonin Scalia.  Will Democrats succeed in blocking the president’s choice? This hours guest: James Carvell - political commentator Peter Linzer - Constitutional Scholar from the University of Houston Law Center

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Automatically Generated Transcript (may not be 100% accurate)

Are going to support these next time power. Going to be pretty good about. President trumps nominated to replace. Do you really trust news. Antonin Scalia. With a George brother nimble of needled gore such. And we're gonna take a look at throw all of that might imply what might happen. And I am two hole in. Mary Madeline Kim may get but I had somebody called change. Is that correct. Good god you're good solid. Look. I had the blue laws the boards for two weeks salute to our polian accidentally got appreciated cone knew you'd. We'll keep Ruble and what went went what do you think about Gore's huge number one and number two does this thing when blah. You. Ya we got Kennedy. And eight years we judge Ginsberg at the bridge Bergen Breyer 178. Boy boy what do you think about Gore's huge number one and number two whom. Doesn't trump have a good change over the next four years wrong the trip tableware and and turn the Supreme Court in two ways very conservative court. And 22. Art in itself a lot of October it depends on what happens in. A way off election. But yet again in the very good. Redding back caught up from anything I know da judge court uses for you know. Art market. Ought to take on all. He's. He's been very much a thing where people are much originally O Leo. Bleaching it going to be pretty meaty pretty good there. I. In contrast to our. Obama. And in the Wall Street Journal today they sent a bra and there was a leading critic of Reagan era traditional dock written. That is held to bolster the power of the executive branch. So it is more of your gently due soon. Kinda like keys on real big on executive privilege. Debate I mean. You are regulars in the constitution. Expect. More limited debt. Like but. You know the problem. If atom. I don't know after the bat like not to be good. But. You know if you look at the actual you know these extra cost usually convert. It. Just kind of ran art bought. All year. Trying to get it. Appears. That should. What am so beer and different reapply for a minute straight to. Act that you'd you would have to get somebody release school up there or do. It would a Devlin and shouldn't say he'd give the Democrats Google very good fight against or shall. I keep hearing is nuclear option is six where nuclear option and explain. Right OK it's good at it in the past. Our debt. It should be out to stop help. So are can go shopping at all. They had it in an. Era Brattleboro aren't broken elbow all. Judicial. Not in the constitution art. Shuttle that the Democrat control. And had. One more week to go about your place in court. But not our goal. People. That it'll develop. But are you know hold out in the Republican like okay border would vote Obama out striking couple chart. Beckett you know at oak and provision. That. And it had previously done to protect. Very collegial. And out on the track right minority to push the legislation. The take away you know type thing to do away with Jeff. Or want our patients occurred during the war. If you want to. Thing or Jerry. It like art treaty each. Of the art. That the constitution. You know. It constitutional court with George but did not think usually vote. That would take a break TP ten more minutes interview. A larger I appreciate your calling and James cargo. World worth thinking about George knew gore it'd sure and lose via obtained Cuba's circuit court of appeal George in Denver. Now nominated to load replaced. Justice. Antonin Scalia. What do you think questions comments to as a juror one itself putting double. The radio and hearing horrible things about via. Nomination and by a prison from George new courses for the Supreme Court. And James made me do this is something. That actually put it comes to clean water comes up. Everything I've heard about the Supreme Court is any number of quote conservative. Liberals appointees. Have all time and booted the opposite way. The bad they're quote. Groups that want him to vote number tune. Supreme Court justices. Are bare re reluctant to overturn. What judges have done both for them. The number three Justice Kennedy is it's still his Supreme Court ease ease the swing vote. DeVon thoughts. But. For our. Football out of our debt. Goalie. Right. The way out of art art. I. Very. The law. Well. I rarely. Iraq. Ego. Out. By this court watcher. That the country should. Be sure the public opinion. That the president. Which is. It going to be in all probability opal well outlook. You know. Now pretty Republicans one more. What BO well it only one political party won the popular vote out. And that's the modern Democrat. Which they have no I'll. Like that interpret. The public well you know Doug but he got it. What the law but it it it's not occurred in its. And what do you think among. Them refugees U restrictions. We're told over and over again it's enough remote and banned the it's from violent concrete news that can Jim rig terrorist. It's just ninety decades it's a 120 days it's not perm ware and. Well. It out in an hour ago right. I. I think. That. Countries in the region I call country for what. It. So why. Shall write. In. More. Violent. A rock. Like. Hockey is. It. True. Are well I do does someone like me. It you know trouble image of the country terrible policy but even people. It would be more likely to grow our budget. What they added that it was buried. Depending now in the two draw people out the new administration it. Oh you know about right. Will will will continue. But it clearly B and try. Their fate in Tunisia well questioned him but he's country. Oh yeah. It shouldn't be so broad. In America as a model by I think most people like that any question I have about Bryant. When he ran for president so. Think get a little bit of a bargain tickets and I don't about a bomb selected countries that don't have. A LL who good definition. Ari do a little left in its seat Brandon he's zero and pointed to the National Security Council. And news director of natural intelligence and the chairman of the Joint Chiefs of Staff hampered told look. Whatever you guys think there's something on that June do you know these. Come on in Steve bureau and prominently. And was kind of sold as this is nothing new this happens all the time and. It is quite. A political. Erin. The people. Beating. Up. There are usually very. Ought. And emerging. It real now. People buried. Right bought or outright. Effort to choose. A proclamation pour out. There. People are. Buried there the idea that the joint chief. Accurate. And you know that oral. Don't like like tree all oh Jerry what about your. Back you would outlaw. Joining. Me remember. Yeah. Second only. Art that it. Note that top. Dot. Or many people. It. But it's clear that. Oh. And it's. Thank you to. Go. It's an unusual situation. At. Jewish expert committee. Moon that C news yep constitutional scholar. It a lot in the heart you. It actually looked at all. Do you want. Well at their current situation and you can read though that that it relevant. Part constitution. That out of we. All on any crept in shall not out in the open. Anything. From any foreign. Aired there aux as. Partly it's that that. That there are whole outfit or Chinese Government. The biggest. Seller of expectation for how are you of these people could talk a bit. Had. If question that web and expect to bring a side but I would be curious. Is toward. A real constitutional scholar say about that by the call would apply to it which it would remedy the cut. If they get standing I think it would be a good bit of discovery which could mean it would get tax return. Statements in and depositions and everything out and it's it's a fact they shouldn't I think it's worth asking you to get. A good James horrible and I was always pretty huge come and apparently you're regretting. At all to do it and getting out. But I do. James Karl bungalow out of think liberal quarts of him and wife who says. And we wouldn't talk about judges so it just. Coming up next an expert on constitutional. Worthington. Yeah Supreme Court nominee president. Trumpets. George and you courses each. Thinking from Denver. And you Circuit Court do you. And thank goodness have big constitutional. Scholar and University of Houston law center. Because my knowledge. Could only at noon professor and enters the general and for the drop. Have to be here. So what are your thoughts. That is he has. Well my my thoughts that are. Fairly straightforward. And they'll have to say I'd I don't know that much about the man haven't read any of the opinion. But it would've read up on him. Is showing there's going to be fairly conservative. Judge. It's going to be very hard to defeat him. Possible with Democrats will. Put in a filibuster but it's going to be very hard to beat that guy he's got excellent paper credentials. He worked for Byron white who was conservative Democrat. And then the justice Anthony. Kennedy who is of course very. Today who is quote moderate is really grab a conservative but compared to be. Other members of the court he's in the middle. A lot of prince regretted that that course which is more conservative than. Possibly many entries Scalia. And that's sequestered. But the main point here is the guy got very good credentials he actually was classmate of President Obama. At Harvard Law School and went to Columbia College. But he from the mid west he's from Colorado. And believe. And he was I think unanimously confirmed to attempt circuit. He is set to be polite to people unlike Lee it was a bully. And you know he's not going to be easy to be to defeat. What we can thing about him is. He seems to be very sympathetic to protecting. Religious rights of could. Corporation's C. Are believed concurred in. The hobby lobby decision down below. That is in the tenth circuit. It was essentially. Eventually. The ruling the Supreme Court. Poppy lobbied because it's all it was largely. Though not completely. Privately owned and owners' word several day Adventist who didn't believe abortion. Have thought that there is that the morning after pill and and quarry holes where abortions. Did not have to date with the medical insurance. Of their employees is that insurance included those. Type of contraceptive. And he agreed with that news sold. There's a doctorate in. Administrative look it's rather important that. Not lawyers don't know much warlords don't know much. It's called the ship were on doctrine because it came out of a case involving Chevron oil company. And it basically says that when an opinion when pretty. Statute. Passed by congress is ambiguous. It's not clear what the meaning news. If Adam. And administrative. Agency which has expertise in this field. Has made a rule and the interpreted given Wednesday. The court should defer to the administrative agency. Now Justice Scalia. Was a big supporter of the Chevron doctrine. When the administrative agencies have an awful lot of bush appointees on the move making fairly conservative. Interpretations. When. The agencies. Got a lot of Obama appointees suddenly totally changed his mind. And didn't like the Chevron doctrine anymore. My view that just shows how the result oriented fiscally woman's. George course such as to not support the Chevron doctor. Since that moment. The court historically accurate an awful lot of administrative agencies with Obama appointees. On them. Not following the Chevron doctrine could be in the court an old rule these agencies quite useful. Or that little amateur breaker when we come back. More as you about a couple of headlines on looking. In an old so go law that trio personable. When Hedlund says regardless it's still joneses and the and the Kennedy's Supreme Court. Milk and says. And courses each. Was a leading critic of the Reagan Yury judicial doctrine when he comes to executive branch or. And world wanna go all the the past. A little bit. Whereas you about something called video mobile and longs I think watchdog group filed the law suit. Again strong earlier this month so stay with me. And try and squeeze that in double BO. Thank goodness good you constitutional lawyer reunion news you Houston war sooner or. Apparently in her. Call it old worth thinking about Donald Trump dominating George new dual core gossage or of these Supreme Court. Professor. Couple quick question. One article room Wall Street Journal says core strategy is that critic. Of of judicial doctrines that very month Ford Reagan was war. And and against executive privilege. And elements of regardless who the migs owner doesn't Anthony Kennedy he is still the Supreme Court. Welcome to second question first that's true. And even of even if the judge course or should have voted to strip in the way Antonin collegiate did the fact remains that. Justice Kennedy. Have gone the only way some of the time most of the time people with the conservatives. But certainly where homosexual rights were concerned he was very much. In the forefront and there are other areas collectors strangely enough. Are an important administer. And important affirmative action case the troopers university taxes. He surprisingly voted to uphold the affirmative action. Program even though up to bat on meet on the on the way so it's true. Kennedy is still the swing vote Kennedy's eighty years old. And there were rumors that. Part of the reason that. Trump picked corset was it was sort of double dip. Course which. Worked for Kennedy. Justice Kennedy's war and then at the tenth circuit. And so this is as strong signal Joseph Kennedy. That trump is not going to be a crazy man and his appointments. Which might encourage Justice Kennedy to retire. And give prompt a second deport. He gets a second appointment he clearly has control of Supreme Court. Or the limit at least give that second question is something else. In at this shoes nod your legs for to you Rhode talk about polio and Sam bottom pants and they. Oh watchdog group apart remembered for a well lawsuit earlier this does Malone saying that trump had violated something called mobile mobile side. Welcome monuments school students call yeah trying to find it my constitutional. Look at the constitution's. Did prohibit trump don't do uses from accepting payments from foreign governments I think I believe a remembered. Yeah what do you think is heavily Sowers. Well it you know you made the point where or or maybe it's somebody else I think it was one of your previous quarters. Before I came on. The question is do beat. Into the planet kept standing. The complain about it and what that means is I can't just go to court and say. The government itself long I can show how it affected me. And then the problem with that is scripted if you hit and everybody in the country. Does anybody have standing to comply. One way I would say everybody's got standing the other ways that nobody cuts the because it would amount to. You know allowing people justice bring lawsuits. You know again floor against actions they didn't like even though nothing had come out of there aside. That's the real issue here. And you know it seems to me that if you get to the Amal movement clause itself. And still looking forward. The it it certainly appears that trump is getting money from. Foreign governments. In the former rent. It than China the largest tenant control tower. I think that's. Are there are courses code. Yeah hotels and everything else. I think if you get to the amount humans close the damn strong argument. For example. Nicholson as is customary for heads of state to give presents to visiting heads of states. Nixon had a whole bunch of stuff but he kept when he was made to give it to the government the law is that. When they make when a foreign government makes a gift to the president of the United States. Even though they're making it. You know to the food to the United States. The United States gets to keep the gift not a president. Served. Running the thing good news she gave me. Thirty min your valuable time and we had about thirty minutes of editor without. The Broadway. Or your relative to thank you so much learned something Barbara do really appreciated call. Thank you very much equipped to come back sometime hole will tell you how good your pro producers keep they keep me in my I enjoyed talking. We invite these forums thanked him good dual welcome. By governor audio. Prizes we are a little bit Perugia board over to build in the rule. We'll throw comedies. Beyond ensuring cordoned remarks will Democrat block the president shorts. And 52% of he would think the Democrat or block it. And thinks Republicans have been only too much power. Too many guns in the whole Mr. Bush policy and we will do show lives on the governor objectionable which I don't vote for from broad there're a number of things why that he's trying to do number one. Reduce. Drug prices but he's been tries Drudge Report support whose articles bring those prices down. Talk to girl blurred word sin city of that is possible stay Abrams. Ago.