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Feb 11, 2024
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juice gorsuch: is says all. mr. murray: we know there are classes of officers like the president pro tem we don't get commissions from the president. justice gorsuch: that is best because -- thais because the constitution says elsewhe. mr. murray: -- getting the commission from the constitution itself rather than appointment. people who get commissions from the president are not commissioned by the president. if you read the clse the commissions clause is talkin about the president's power if one needs a commission, the president grants it. it is important tori us back to section three. justice gorsuch: a distinction between office and officer. you agree the constitutn es make that distinction, rticularly with respect to the speaker pro tem? mr. murray: the constitution makes at disncon at least in section tee, any officer of the united states is a person who swears an oath and holdan office. the president pro m d speaker of the house don't swear it constitutional oath in that capaty case where an oath tha they are
juice gorsuch: is says all. mr. murray: we know there are classes of officers like the president pro tem we don't get commissions from the president. justice gorsuch: that is best because -- thais because the constitution says elsewhe. mr. murray: -- getting the commission from the constitution itself rather than appointment. people who get commissions from the president are not commissioned by the president. if you read the clse the commissions clause is talkin about the president's power if...
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Feb 9, 2024
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justice gorsuch: wipe? -- why? mr. murray: effective -- the de facto provision would come into play. stice gorsuch: that is not work. put it aside. justice alito asked a different quti, i think it deserves an answer. on yourheory, would anything compel a lower official to obey an order from the former president? mr. murray: i am aging a situation where a former president was elected and they were 25 and ineligible -- justice gorsuch:o. we are talking about section three. please don't change the hypothetic. i like doing it, too. he is disqualified from the moment hma any insurrection, whoever he is from whatever rty. that happens. it happened. what would compel -- try to into the question -- to answer the question. what would compel a lower individual to obey that individu? mr. murray: we have rules requiring chain of command. a person is in the office, even if they don't have ahoty to call the office, the only way to get the office of the presidency is ieament. if you interpret section three in light of other provision
justice gorsuch: wipe? -- why? mr. murray: effective -- the de facto provision would come into play. stice gorsuch: that is not work. put it aside. justice alito asked a different quti, i think it deserves an answer. on yourheory, would anything compel a lower official to obey an order from the former president? mr. murray: i am aging a situation where a former president was elected and they were 25 and ineligible -- justice gorsuch:o. we are talking about section three. please don't change the...
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Feb 10, 2024
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neil gorsuch says we have to be naturally borne.clear as i can tell, the man who wants to run for president in colorado that neil gorsuch kicked off was arab, whereas that meant neil gorsuch wants to keep on the ballot is orange. that's the difference as far as i can see. the liberals did this, to. the liberals said the states don't have this power. and while i disagree with kagan or jackson's seemingly opinion there, at least give them created for intellectual consistency, right? because ilana kagan doesn't think colorado can kick trump off the ballot because she doesn't think texas can take the pellets away from black people or poor people, right? ketanji brown jackson doesn't think colorado -- trump can be kicked off the ballot and colorado because she doesn't believe felons can be prohibited from exit the ballot in florida. right? so there is intellectual -- i disagree with the outcome in this case, but there is intellectual consistency from the liberals. what is gorsuch is excuse? what is kavanaugh's excuse? what is it clarence
neil gorsuch says we have to be naturally borne.clear as i can tell, the man who wants to run for president in colorado that neil gorsuch kicked off was arab, whereas that meant neil gorsuch wants to keep on the ballot is orange. that's the difference as far as i can see. the liberals did this, to. the liberals said the states don't have this power. and while i disagree with kagan or jackson's seemingly opinion there, at least give them created for intellectual consistency, right? because ilana...
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Feb 3, 2024
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. >> justice gorsuch said you were asking us to overrule 100 years of our president, that sounds bad,re y? >> i am not askinghehe court to overrule any precedent. i'm asking the court to follow its precedent that postdates comber and makes clear that i was limited to the particular soft dividend issue there. i recognize there is language that seemed to have broader suites but this has already coized that is not the right way to rebuilding. >> genalf i might in the mb realization you said that is misguided. in fellas you said the tt laid out a makeover. brewer it was following macomber's understanding of income and in horst it sd much of the same thing i won't bother with the quote, each of those cases have reported torp be sol. you justisagree with that? i guess. >> i disagree with theseas if you look at each of the cases in the court designed realization on the particular facts but usingifferent standards that macomber hadic articulated, take for example you said the court was applying the interpretation of income but th court in bruhn disavowed the aspect o make a trip macombe that
. >> justice gorsuch said you were asking us to overrule 100 years of our president, that sounds bad,re y? >> i am not askinghehe court to overrule any precedent. i'm asking the court to follow its precedent that postdates comber and makes clear that i was limited to the particular soft dividend issue there. i recognize there is language that seemed to have broader suites but this has already coized that is not the right way to rebuilding. >> genalf i might in the mb...
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Feb 22, 2024
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so my perception that that tendency by justice gorsuch to use more contractions, for instance, has has had an influence on the writing of other judges, with it has tended to, i think, to make us a little bit less stilted because after all, if if if a justice of the supreme court can write in a conversational, folksy way, then why can't we? and is that what you go for, that that folksy way? and i'm specifically remembering back to the vaccine mandate case. you talk about deciding it on both the legal opinions, but the common sense and that they both pointed to the same decision, as i recall, in that in that opinion, i probably actually shied away from anything that could be considered to be folksy because the issue was of such grave importance to both sides. i tried to be crystal clear in my ruling and i tried to give some historical backdrop to the reasons for my ruling. but the flip side of that is that i also tried to avoid this. this virus that we call legal aids in my writing. and and i tried to accomplish that in everything that i write. and then for folks who aren't familiar with
so my perception that that tendency by justice gorsuch to use more contractions, for instance, has has had an influence on the writing of other judges, with it has tended to, i think, to make us a little bit less stilted because after all, if if if a justice of the supreme court can write in a conversational, folksy way, then why can't we? and is that what you go for, that that folksy way? and i'm specifically remembering back to the vaccine mandate case. you talk about deciding it on both the...
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Feb 9, 2024
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he worked for justice neil gorsuch when justice gorsuch sat on u.s. court of appeals.lena kagan at the u.s. supreme court. mr. murray appeared before those justices in a different capacity, making the case to them that the ruling he wanted in colorado should stand, a donald trump should not be allowed on the colorado ballot. joining us now, after a very long very stressful day, mr. jason murray. mr. murray, congratulations on your appearance of the court. >> thank you so much. and i appreciate you having me on. >> i know that this was not your first time in that courtroom, and you are very familiar with supreme court procedure, and you seen a lot of lawyers step up to the podium today. how was it for you to do it for the first time? >> certainly a source of pride for me to get to argue in the supreme court for the first time and also to be able to appear before my former bosses. >> in terms of how things went today, i don't think it's going to come as a surprise to you for me to tell you that most observers think that the case is not going your way. most observers thin
he worked for justice neil gorsuch when justice gorsuch sat on u.s. court of appeals.lena kagan at the u.s. supreme court. mr. murray appeared before those justices in a different capacity, making the case to them that the ruling he wanted in colorado should stand, a donald trump should not be allowed on the colorado ballot. joining us now, after a very long very stressful day, mr. jason murray. mr. murray, congratulations on your appearance of the court. >> thank you so much. and i...
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Feb 8, 2024
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we also saw some really interesting agreement between justice gorsuch and justice jackson about whetherred under section 3 of the 13th amendment, and justice jackson suggested the core meaning of the civil war was to ensure that state insurrectionists couldn't couldn't to foment revolution. they just weren't thinking about the presidency. it's an invitation to think about the meaning of our history and civil war. we're now polarized in america more than at any time since the civil war. like then we're seeing violence on the streets as we did on january 6th, and the question is to what degree does the constitution protect democracy against those who would overthrow it, and although all of the supreme court justices were attentive to that question, they did seem to be converging around the idea that that's not the job of a single state. it's not even the job of the supreme court ultimately congress will have to decide that question. >> well, let me go back to that. indeed, one of the biggest questions was whether upholding the colorado decision would give an undue amount of power to a sin
we also saw some really interesting agreement between justice gorsuch and justice jackson about whetherred under section 3 of the 13th amendment, and justice jackson suggested the core meaning of the civil war was to ensure that state insurrectionists couldn't couldn't to foment revolution. they just weren't thinking about the presidency. it's an invitation to think about the meaning of our history and civil war. we're now polarized in america more than at any time since the civil war. like...
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Feb 9, 2024
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there was also a moment i think that it was gorsuch, although i may not have that right. maybe it was alito who said can we really get back inside of the minds of those people who were drafting the 14th amendment? you bet we can. our amicus brief that drew and i worked with, it gets very much inside of their heads. we have and list testimony of them saying what they were doing, why they were doing it, and that it was to be permanent. the answer is yes, we could get inside of their minds on that one. >> you know, professor, when i listen to both of you, i imagine the framers of the 14th sitting there in the front row today. and just jumping out of their seats at certain points going what do you mean, it is completely clear, what is the matter with you? this couldn't be more obvious. how did they feel, professor faust? >> i often think that way, as well. i jam time together and imagine what someone from the past would be saying in the president. i love that question. and i think that they would be really upset. they would have their minds on insurrection, this was something
there was also a moment i think that it was gorsuch, although i may not have that right. maybe it was alito who said can we really get back inside of the minds of those people who were drafting the 14th amendment? you bet we can. our amicus brief that drew and i worked with, it gets very much inside of their heads. we have and list testimony of them saying what they were doing, why they were doing it, and that it was to be permanent. the answer is yes, we could get inside of their minds on that...
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Feb 1, 2024
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and what about gorsuch? how much does he participate? >> spoiler alert. he's not recusing himself. >> we've got new ethics on this. >> now we do not. we got the same ones. scott bolden and danya perry, thank you very much. still to come, senate republicans turn to the social media hearing into a bit of a farce. >> have you ever been a member of the chinese communist party? >> senator, i'm singaporean, no. >> have you ever been associated or affiliated with the chinese communist party? >> no, senator. again, i am singapore ian. >> amy klobuchar shows us why we are need to be paying closer attention to the social media hearing. media hearing. shipstation saves us so much time it makes it really easy and seamless pick an order print everything you need slap the label on ito the box and it's ready to go our cost for shipping, were cut in half just like that go to shipstation/tv and get 2 months free >> we're following a disturbing story out of pennsylvania where 33 year old man is arrested for a grizzly murder displayed on social media. >> justin mont is bein
and what about gorsuch? how much does he participate? >> spoiler alert. he's not recusing himself. >> we've got new ethics on this. >> now we do not. we got the same ones. scott bolden and danya perry, thank you very much. still to come, senate republicans turn to the social media hearing into a bit of a farce. >> have you ever been a member of the chinese communist party? >> senator, i'm singaporean, no. >> have you ever been associated or affiliated with...
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Feb 9, 2024
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he clerked for elena kagan, liberal justice, and neil gorsuch, the justice from colorado. >> and botht him up yesterday. elena kagan was extremely concerned. the first soundbite was elena kagan. she was extremely concerned with the ability of colorado to kind of on its own exclude trump from the ballot. the best way i can explain the liberal decision or why the liberals took the position they did is that i would say you elena kagan, jackson, sonia sotomayor to some extent, they were more concerned with a red state -- republican just lecture or republican governor kicking somebody like joe biden off the presidential ballot that they were willing to stop colorado from kicking trump off the ballot for good-faith reasons. while i get that calculus as a real politics method, it is a problem when your legal decisions, your legal rulings are based on what you think the bad faith will do that. it is a problem if the lock is reduced to come, my god, what would ron desantis do? that is not a good way to run a country. but that is a way that we saw the liberals want to play it yesterday. the oth
he clerked for elena kagan, liberal justice, and neil gorsuch, the justice from colorado. >> and botht him up yesterday. elena kagan was extremely concerned. the first soundbite was elena kagan. she was extremely concerned with the ability of colorado to kind of on its own exclude trump from the ballot. the best way i can explain the liberal decision or why the liberals took the position they did is that i would say you elena kagan, jackson, sonia sotomayor to some extent, they were more...
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Feb 29, 2024
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justice gorsuch: but you said do not touch that because that is not before us. in them to interpretive rule, you do not get a challenge. you get a criminal prosecution against you. >> i disagree with that on a number of levels. i think it would be better for those concerned about administrative power that we acknowledge this is is an interpretive rule. they cannot make something a crime that was not a crime before. it is not a crime to violate the rules. it has been and will always be a crime to violate a statute. the atf is saying we got that wrong before and are fixing it now. and you are right, it would be horribly unfair to prosecute people based on reliance on the agency's past insurance, but that is taken care of by doctrines that ensure no one has been and will be prosecuted for possessing these devices during a time the atf said it was legal. that is not a reason to shackle the atf for this court to adopt something other than the best reading of the words congress wrote. true, it was 90 years ago, but we think it used capacious language, like function of
justice gorsuch: but you said do not touch that because that is not before us. in them to interpretive rule, you do not get a challenge. you get a criminal prosecution against you. >> i disagree with that on a number of levels. i think it would be better for those concerned about administrative power that we acknowledge this is is an interpretive rule. they cannot make something a crime that was not a crime before. it is not a crime to violate the rules. it has been and will always be a...
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Feb 29, 2024
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justice gorsuch and kavanaugh? >>sponse a lot of the questions you made the point that bump stocks were not around in 1934, and that's a good point for you. but what evidence is there, if an tt as of 1934 the ordinary understanding of the phrase functioofhe trigger referred to the mechanics of the gun rather than the shooter's motion? >> well, it had to, and the evidence tt can see is the evidence the solicitor general points out abo t fact that there were push triggers in extee at that time. and that function of the trigger, even thoughouan find legislative history where there seems to be peleho think function of the trigger means e me thing as pull of the trigger, those phrases cannot be equated for that very reason. >> i guess i am asking the opposite. is there any evidence that someone was drawing that distinction? >> between push and pull? >> no, the distinction between the function of the trigger ant something different. >> i'm not aware of that in legislative history. >> are you aware of that anywhere in com
justice gorsuch and kavanaugh? >>sponse a lot of the questions you made the point that bump stocks were not around in 1934, and that's a good point for you. but what evidence is there, if an tt as of 1934 the ordinary understanding of the phrase functioofhe trigger referred to the mechanics of the gun rather than the shooter's motion? >> well, it had to, and the evidence tt can see is the evidence the solicitor general points out abo t fact that there were push triggers in extee at...
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Feb 7, 2024
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. >> justice gorsuch and chief justice roberts?hat's -- it's just a hard question. i don't know. this is such an unusual situation. >> i mean, we're in the wild, wild west. i'm surprised a tumbleweed has not gone across the screen as we look at the novel things happening. and one would say, this court does not want to venture into politics. they are probably reeling over the bush v. gore and hanging chads. this case does go to an issue the supreme court does want to be involved in. it's the question of separation of powers. not so much an election year, but whether there can be a check or balance on the head of the executive branch. shouldn't the court weigh in on an issue like that? >> back in the day, i was covering the recount in florida. we were having these discussions about will the supreme court want to get involved? i remember people saying, they want to be above the fray. they don't want to be involved. of course,they did get involved. here, it's a similar scenario. there will be members of that court that say, the magnitu
. >> justice gorsuch and chief justice roberts?hat's -- it's just a hard question. i don't know. this is such an unusual situation. >> i mean, we're in the wild, wild west. i'm surprised a tumbleweed has not gone across the screen as we look at the novel things happening. and one would say, this court does not want to venture into politics. they are probably reeling over the bush v. gore and hanging chads. this case does go to an issue the supreme court does want to be involved in....
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Feb 1, 2024
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and what about gorsuch? how much does he participate? >> spoiler alert.cusing himself. >> we've got new ethics on this. >> now we do not. we got the same ones. scott bolden and danya perry, thank you very much. still to come, senate republicans turn to the social media hearing into a bit of a farce. >> have you ever been a member of the chinese communist party? >> senator, i'm singaporean, no. >> have you ever been associated or affiliated with the chinese communist party? >> no, senator. again, i am singapore ian. >> amy klobuchar shows us why we are need to be paying closer attention to the social media hearing. social media hearing. ucard gets you in with medicare advantage's largest national provider network. how 'bout using it at the pharmacy? yes - your ucard is all you need. huh - that's easy! can it help keep my smile looking good? yep! use your ucard at the dentist. say cheese! get access to what matters with the ucard only from unitedhealthcare. with the majority of my patients with sensitivity i see irritated gums and weak enamel. sensodyne sen
and what about gorsuch? how much does he participate? >> spoiler alert.cusing himself. >> we've got new ethics on this. >> now we do not. we got the same ones. scott bolden and danya perry, thank you very much. still to come, senate republicans turn to the social media hearing into a bit of a farce. >> have you ever been a member of the chinese communist party? >> senator, i'm singaporean, no. >> have you ever been associated or affiliated with the chinese...
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Feb 16, 2024
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>>justice gorsuch? >> one lesson of humility is to admit when you are wrong. justice le which took chevron, which nobody understood, to include this two-step ruleand turned it into what we now ow and la in life he came to regret that decision. wh wmake of that lesson about humility? >> i do think reconsidering particularly methodology error is part of judicial humility. i do think if you look at the justice scalia perez opion, one of the things he idmost clearly and said all along wi our decision in chevron with heedless of section 706. if you're looking for a special justicion to overturn an opinion i think it's got to be at the top of the list. >> thank you. >> justice kavanaugh ? >> a couple question first on skidmore i want y how i thought about it. you tell me whether this is wrong. that it respects contemporary is --ntemporaneous and consistent interpretations as evidence othproper igal meaning of the statute because that is comm nse in statutory interpretation more generally. if it was contemporaneous and consisnt it is more likely to be correc that is
>>justice gorsuch? >> one lesson of humility is to admit when you are wrong. justice le which took chevron, which nobody understood, to include this two-step ruleand turned it into what we now ow and la in life he came to regret that decision. wh wmake of that lesson about humility? >> i do think reconsidering particularly methodology error is part of judicial humility. i do think if you look at the justice scalia perez opion, one of the things he idmost clearly and said all...
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Feb 17, 2024
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and then you get to the real world effects on citizens that justice gorsuch alluded to. i would like to emphase s effect on congress. the court was originally doing chevron it was looking only at a comparonbetween article two and article three. i think you got ev that question wrong. it failed to think about the incentives it was giving the article on branch. atis what 40 years of expeen has shown us. in 40 years it has shown that it is viuay impossible to legislate a meaningful sues and major questions, if you wi. right now roughly half the people in congress at any given point of want to veheir friends in the executive branch. thr choice on a controversial issue is compromised and forges a long-term soluonat the cost of maybe getting a primary challenge of oran dad, just call up your buddy who used to be your call staffer in the executive bran w and have him give everything on your shist, based on a broad atory term. my friends asked fopirical evidence, i think you just have to look atthis or stockett. it's been one mar le after another. it hasn't been one major statue
and then you get to the real world effects on citizens that justice gorsuch alluded to. i would like to emphase s effect on congress. the court was originally doing chevron it was looking only at a comparonbetween article two and article three. i think you got ev that question wrong. it failed to think about the incentives it was giving the article on branch. atis what 40 years of expeen has shown us. in 40 years it has shown that it is viuay impossible to legislate a meaningful sues and major...
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Feb 28, 2024
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what justice gorsuch is saying that arguing this case, you have done setng very sensible. otrwe, the statute -- the ti way the statute was written suggests thatoness was very aware that there could be adjustments of weon that could get around but congress meant torobit. and in all kinds of ways, you are ceing of that by saying you can circumvent ity at. you can circumvent it with all these hypotheticals. but -- >> i'm not saying that you can circve it. we are just defining the word trigger. it can be easy case in one direction. the shooter is no longer using that to fire the weapon. the switch is now triggering device because that is the function turning on the switch that causes automatic fire to occur. this is an easy case because the bump stock does not change the trigger in any way. >> when you talk about modification pieces, i do not understand your argumen had a case about this for the cape was these flat metal pieces. we were all confused. we had this notion of what a machine gun was in the argument was that this metal piece was a machine gun. we brought in experts
what justice gorsuch is saying that arguing this case, you have done setng very sensible. otrwe, the statute -- the ti way the statute was written suggests thatoness was very aware that there could be adjustments of weon that could get around but congress meant torobit. and in all kinds of ways, you are ceing of that by saying you can circumvent ity at. you can circumvent it with all these hypotheticals. but -- >> i'm not saying that you can circve it. we are just defining the word...
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Feb 29, 2024
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and he went on to appoint neil gorsuch to the seat that had been stolen from his predecessor. trump appointed brett kavanaugh to the bench as well. and as yet another presidential election year approached, people started to wonder, what would mitch mcconnell do if another vacancy opened up on the court? when he helped confirm a third trump justice in an election year? >> [inaudible] >> we would fill it. [laughter] >> i would feel. it on september 18th, 2020, supreme court justice ruth bader ginsburg passed away, and with less than two months until the presidential election, mitch mcconnell rushed through the appointment of amy coney barrett. that is how we got the radical conservative majority court we have today. this is mitch mcconnell's legacy. and today senator mcconnell announced that he would be retiring from senate leadership this november. >> i'm immensely proud of all the things i've played some role in obtaining. thoroughly disappointing night critics. i intend to do so with all the enthusiasm with which they have become accustomed. >> mitch mcconnell will no longer
and he went on to appoint neil gorsuch to the seat that had been stolen from his predecessor. trump appointed brett kavanaugh to the bench as well. and as yet another presidential election year approached, people started to wonder, what would mitch mcconnell do if another vacancy opened up on the court? when he helped confirm a third trump justice in an election year? >> [inaudible] >> we would fill it. [laughter] >> i would feel. it on september 18th, 2020, supreme court...
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Feb 8, 2024
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including this quote you have from justice gorsuch saying in a previous opinion, where he said a state's legitimate interest in protecting the integrity and practical functioning of the political process permits it to exclude from the ballot candidates who are constitutionally prohibited from assuming office. so you point out why so many of these justices should, if they're consistent, be attracted to what you're proposing here. >> neil gorsuch said that, not just in any place, he said that in colorado about colorado. that was about a colorado election, whether someone was natural born or not. and colorado law basically says we police these rules with ballot access enforcement, even in the primary stage. >> and as you go through it, for example, you are a former student, brett kavanaugh, knowing -- to the extent that you knew the way he thinks about these things, how would you expect him to see this? in other words, another way to put it, what do you expect to hear from him possibly or other justices tomorrow? >> i wouldn't presume honestly, to tell you how they will vote. here's how i h
including this quote you have from justice gorsuch saying in a previous opinion, where he said a state's legitimate interest in protecting the integrity and practical functioning of the political process permits it to exclude from the ballot candidates who are constitutionally prohibited from assuming office. so you point out why so many of these justices should, if they're consistent, be attracted to what you're proposing here. >> neil gorsuch said that, not just in any place, he said...
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Feb 9, 2024
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there was also a moment i think that it was gorsuch, although i may not have that right.e really get back inside of the minds of those people who were drafting the 14th amendment? you bet we can. our amicus brief that drew and i worked with, it gets very much inside of their heads. we have and list testimony of them saying what they were why and that it was to be permanent. the answer is yes, we could get inside of their minds on that one. >> you know, professor, when i listen to both of you, i imagine the framers of the 14th sitting there in the front row today. and just jumping out of their seats at certain points going what do you mean, it is completely clear, what is the matter with you? this couldn't be more obvious. how did they feel, professor faust? >> i often think that way, as well. i jam time together and imagine what someone from the past would be saying in the president. i love that question. and i think that they would be really upset. they would have their minds on insurrection, this was something that they bled and died to overcome in the 19th century. the
there was also a moment i think that it was gorsuch, although i may not have that right.e really get back inside of the minds of those people who were drafting the 14th amendment? you bet we can. our amicus brief that drew and i worked with, it gets very much inside of their heads. we have and list testimony of them saying what they were why and that it was to be permanent. the answer is yes, we could get inside of their minds on that one. >> you know, professor, when i listen to both of...
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Feb 8, 2024
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why so many of these justices should, if they're attracted to what you are proposing here. >> neil gorsuchd that not just in any place. he said that in colorado about colorado. it was about a colorado election and whether somebody was naturally born are not, and colorado law basically says, we police these rules with ballot access enforcement, even in the primary stage. >> and as we go through, for a simple, your former student, brett kavanaugh, knowing to the extent that you do about what he thinks about these things, how would you expect -- with the expected here from him or other justices tomorrow. justic. tell you how they will vote. here is how they hope it will vote. i actually respect all of the justices across the board. i think they have taken a solemn oath, each of them, to the constitution, not to their own political philosophy or even what they think might be fair or just in some abstract sense. this is all about oaths and oath breaking. come what made to the constitution. i believe each one will try to do that. if they do that, if they are faithful to their oath, i actually th
why so many of these justices should, if they're attracted to what you are proposing here. >> neil gorsuchd that not just in any place. he said that in colorado about colorado. it was about a colorado election and whether somebody was naturally born are not, and colorado law basically says, we police these rules with ballot access enforcement, even in the primary stage. >> and as we go through, for a simple, your former student, brett kavanaugh, knowing to the extent that you do...
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>> lawrence: gorsuch torched his former clerk. he didn't seem prepared for any of the legal arguments, not just from the liberal justices, from the conservatives. it's rare that you see controversial. pretty much most of the cases in the supreme court is 9-0. >> steve: talking about the person who argued on behalf of colorado? >> lawrence: correct. evidence seemed ill prepared for any of the questions. and gorsuch continued to say, look, you are dodging the question that i'm asking you right now. ketanji brown jackson said the same thing. when you have both the conservative and liberal judges agreeing on the issue of can you just give me the law here? can you give me precedence for this. >> ainsley: i learned a lot about the law listening to. this they were talking about how the con distribution, the 1st amendment should keep the president off the ballot in colorado. the supreme court justice said if you read the constitution. it says it is to keep officers off the ballot. the president is not an officer. >> steve: he is not liste
>> lawrence: gorsuch torched his former clerk. he didn't seem prepared for any of the legal arguments, not just from the liberal justices, from the conservatives. it's rare that you see controversial. pretty much most of the cases in the supreme court is 9-0. >> steve: talking about the person who argued on behalf of colorado? >> lawrence: correct. evidence seemed ill prepared for any of the questions. and gorsuch continued to say, look, you are dodging the question that i'm...
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the confirmation of justice gorsuch? both of his bosses could not be more different politically they're both driven by the law and not partisan politics. interesting to see his interactions with those justices today. >> bill: this is a verbal machine gun. the lawyers start and start to make their case and they get redirected by any one of the justices. >> absolutely. so i do think that one who has argued before the supreme court before there is a certain level of comfort that has been developed. all three attorneys know the stakes are so high and i'm sure they're all nervous. >> dana: one of the things democrats counted on is all these lawsuits charges against president trump would change republicans' mind and turn republicans against him. that hasn't been the case. david axelrod has said this is not the way to go to try to kick him off the ballot. how do you see the politics of it at this moment? >> i think david is right. this is not good for our country and it is not good for democrats because it looks like they are t
the confirmation of justice gorsuch? both of his bosses could not be more different politically they're both driven by the law and not partisan politics. interesting to see his interactions with those justices today. >> bill: this is a verbal machine gun. the lawyers start and start to make their case and they get redirected by any one of the justices. >> absolutely. so i do think that one who has argued before the supreme court before there is a certain level of comfort that has...
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it is in play with roberts and gorsuch sometimes siding with trans litigants. imagine trump replaces sotomayor or kagan with another alito type, all protections for lgbtq people fall away, not just transgender right, but marriage equality, the right to engage in same-sex intimacy. the right to live as an equal citizen as an lgbtq person, all of that would be under assault, and i'll note, katy, there are a lot of states that have refused to repeal their bans on sodomy. if the supreme court overrules pro gay precedents, those sodomy bans leap in force and thousands become criminals overnight. >> what about contrceptives? >> probably the easiest one. i think this supreme court would allow bans on iuds and plan b, deemed abort afacientes, there's medication abortion, abortion bills. i have been paying attention to the briefs filed by antiabortion groups. they are not just talking about abortion pills. they are talking about contraception, not just plan b but regular old daily contraception, they are arguing that those actually have the effect of terminating human l
it is in play with roberts and gorsuch sometimes siding with trans litigants. imagine trump replaces sotomayor or kagan with another alito type, all protections for lgbtq people fall away, not just transgender right, but marriage equality, the right to engage in same-sex intimacy. the right to live as an equal citizen as an lgbtq person, all of that would be under assault, and i'll note, katy, there are a lot of states that have refused to repeal their bans on sodomy. if the supreme court...
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and he even got a scolding from justice gorsuch, who he once clerked for. >> a little less -- >> no, no. we are talking about section three. please don't change the hypothetical. >> even though they argument seem to go well for trump, he's the one of the last word, addressing reporters outside mar-a-lago. >> can you take the person that is leading everywhere and say, hey, we are not going to let you run? you know, i think that's pretty tough to do. but i am leaving it up to the supreme court. >> paula reid joins me now. do we know how long it is going to take to get a decision? >> it is unclear. we know the chief justice is under enormous pressure to build consensus across party lines, come up with something, maybe a narrow ruling, that would have bipartisan support. if you listen to the arguments today, it appears that that is possible. and it is important, anderson, because we know this court is under scrutiny for concerns about ethics, and partisanship. but something like that also takes time. and it's unclear if the chief justice will be able to accomplish this and get out in opi
and he even got a scolding from justice gorsuch, who he once clerked for. >> a little less -- >> no, no. we are talking about section three. please don't change the hypothetical. >> even though they argument seem to go well for trump, he's the one of the last word, addressing reporters outside mar-a-lago. >> can you take the person that is leading everywhere and say, hey, we are not going to let you run? you know, i think that's pretty tough to do. but i am leaving it up...
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justice gorsuch? justice alito? thank you, counsel. rebuttal, mr. stewart we >> in order for words or imes to be registered by the pto, they have to function as a soce identifier and the existence of that unchallenged requirement highlightsthe fact that this is not a restriction on speech. imagine congress passed a la saying the only words and images that you can put on your pructs our words and images that functioas trademarks that identify the source of the merchandise. thatou raise huge first amendment problems, because it would prevent merchants from conveying a range of useful informatn to consumers. the reason we do not think of that as raising first amendment concerns, we understand it does not prevent you om putting words on the product. it prevents you from getting registration. d mr. taylor said other provisions of the lanham act, provisions on marks that falsely ggt connections between persons and instutns and marks that are misleading, those restrictions would preven the registti of marks that falsely imply an endorsement and i just iden
justice gorsuch? justice alito? thank you, counsel. rebuttal, mr. stewart we >> in order for words or imes to be registered by the pto, they have to function as a soce identifier and the existence of that unchallenged requirement highlightsthe fact that this is not a restriction on speech. imagine congress passed a la saying the only words and images that you can put on your pructs our words and images that functioas trademarks that identify the source of the merchandise. thatou raise...
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. >> can i ask you again the question that justice gorsuch asked, and you -- to which you responded by citing the de facto officer doctrine, look at that going forward, rather than judging the validity of an act committed between the time when a president allegedly engages in an insurrection and the time when the president leaves office. during that interim period, would it be lawful for military commanders and other officers to disobey orders of the president in question? >> i'm not sure that anything gives military officers the authority to adjudicate effectively the legality of the presidency. >> why not? you say he's disqualified from the moment it happens. now, i understand the de facto officer doctrine might be used to prohibit people from seeking judicial remedies for decisions that take place after the date he was disqualified. but if he's in fact disqualified from that moment, why would anybody have to obey a direction from him? >> well, ultimately there still has beens to some kind of procedure in place to adjudicate the disqualification, certainly congress could impeach a si
. >> can i ask you again the question that justice gorsuch asked, and you -- to which you responded by citing the de facto officer doctrine, look at that going forward, rather than judging the validity of an act committed between the time when a president allegedly engages in an insurrection and the time when the president leaves office. during that interim period, would it be lawful for military commanders and other officers to disobey orders of the president in question? >> i'm...
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and then you get to the re world effects on citizens that justice gorsuch allud . i would like to emphasize its effect on congress. the court was originally doing chevron it s oking only at a comparison between article two and articlthe. i think you got even that question wrong. it failed to think about th incentives it was giving the arcle on branch. that is what years of experience has shown us. in 40 years s shown that it is virtually impossible to legislate a angful issues and major questions, if you will. right now roughly half the people in congress at any gin point of want to have their friends in the executive branch. their choice on a controversial ise is compromised and rges a long-term solution at the cost of maybe gettina imary challenge of orange dad, just ca up your buddy who used to be your call stafr the executive branch now and have him give everytngon your wish list, based on a broad statutory term. myriends asked for empirical evidence, i think you justha to look at this or stkett. it's been one major rule after another. itasn't been one major st
and then you get to the re world effects on citizens that justice gorsuch allud . i would like to emphasize its effect on congress. the court was originally doing chevron it s oking only at a comparison between article two and articlthe. i think you got even that question wrong. it failed to think about th incentives it was giving the arcle on branch. that is what years of experience has shown us. in 40 years s shown that it is virtually impossible to legislate a angful issues and major...
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biden voted against thomas and roberts, and harris voted against kavanaugh, barrett, and gorsuch.ost: that is the last of the calls on this topic. do not forget, the supreme court considers two cases, looking at the topic of social media and what can be posted, specifically on cases brought up by conservative groups. 10:00 you can start listening to the audio from the supreme court. you can stay on this nwork. you can always go back to our website looking at matters of the supreme court, including some of these cases. you can follow that all at c-span.org. congressional lawmakers heading back to washington this week, seeking to avert a partial government shutdown, and a lot of other things going on. to walk us through it is reese gorman at the daily beast. he will join us next. later on in the program, john matze, founder and ceo of hedgehog, discussing his new social media platform that aims to encourage more civil discourse online. those conversations coming up on "washington journal." ♪ >> get contact information for members of government right in the palm of your hand when you
biden voted against thomas and roberts, and harris voted against kavanaugh, barrett, and gorsuch.ost: that is the last of the calls on this topic. do not forget, the supreme court considers two cases, looking at the topic of social media and what can be posted, specifically on cases brought up by conservative groups. 10:00 you can start listening to the audio from the supreme court. you can stay on this nwork. you can always go back to our website looking at matters of the supreme court,...
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. >> laura: joining me is mike davis, founder of article three project and former clerk for judge gorsuchplain why her relationship, her affair with her investigator throws a taint on this entire investigation. people will say it is a personal thing, not a big deal, you guys are using that. what is the truth about this 1234 >> fani willis is fulton county da. she said her personal relationship with him developed after she hired him. well, that doesn't make a difference, she had the relationship before this rico. she paid her boyfriend $250 per hour going on $700,000 and took illegal kickbacks in the form of lavish trips around the world to napa, caribbean and elsewhere and represented to the court, essentially evidence she lied about when the relationship started. >> laura: is that perjury on that? >> sounds like she could be in trouble for making false statements to the court and certainly could have aided and abetted her boyfriend, nathan wade's perjury, her office with her name on filing submitted sworn affidavit to the court. he had a sworn affidavit to the divorce court on february 1
. >> laura: joining me is mike davis, founder of article three project and former clerk for judge gorsuchplain why her relationship, her affair with her investigator throws a taint on this entire investigation. people will say it is a personal thing, not a big deal, you guys are using that. what is the truth about this 1234 >> fani willis is fulton county da. she said her personal relationship with him developed after she hired him. well, that doesn't make a difference, she had the...
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garland for a supreme court seat he single-handedly blocked clearing the way for trump to appoint neil gorsuch, part of a conservative reshaping of the courts, which became his proudest achievement. later falling out with mr. trump over january 6th but voting to acquit in his impeachment trial. >> president trump is practically and morally responsible for provoking the events of the day. >> reporter: the former president has taunted mcconnell as a broken down hack politician. >> i don't know that i can work with him. >> reporter: and mocked his wife, a trump administration cabinet secretary, as crazy and with racist language president biden paying tribute to mcconnell today. >> i trust him we've got a great relationship >> and, garrett, there's another major headline where you are tonight. it looks like a deal to avoid a government shutdown >> it looks that way lester in a bipartisan joint statement, congressional leaders announced a plan to push back friday's deadline by another week with the goal of funding half the government by then, the other half by mid-march, all of which taken together
garland for a supreme court seat he single-handedly blocked clearing the way for trump to appoint neil gorsuch, part of a conservative reshaping of the courts, which became his proudest achievement. later falling out with mr. trump over january 6th but voting to acquit in his impeachment trial. >> president trump is practically and morally responsible for provoking the events of the day. >> reporter: the former president has taunted mcconnell as a broken down hack politician....
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. >> justice gorsuch. justice kavanaugh. >> pick up on the word kren shoreship because -- censorship because i thinkt'being used a lot of different ways. wh the government excludes speech frothpublic square, that is obviously a violation of th first amendment. within a -- when a private individual or private entity mas decisions about what to include and what to exclude, that's protected generally itorial discretion, even though youou view the private eity's decision to exclude something as "private censorship >> absolutely. that was the whole thrust of this court's decision in hallick. mht have been a different case if it was a city of boston parade. the whole reason that case came down the way it d animously is because it was a private organization examiner sighing -- exercising its first amendment right. >> i had a 303 fit into that? >> it's further evidence that -- i think where 303 is most relevant is colorado in that se tried to rely on fair, much the way mfrnds here rely on fair and this courtadclea
. >> justice gorsuch. justice kavanaugh. >> pick up on the word kren shoreship because -- censorship because i thinkt'being used a lot of different ways. wh the government excludes speech frothpublic square, that is obviously a violation of th first amendment. within a -- when a private individual or private entity mas decisions about what to include and what to exclude, that's protected generally itorial discretion, even though youou view the private eity's decision to exclude...
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mcconnell helped neil gorsuch win confirmation by finishing what harry reid started, breaking the filibuster for judicial nominees. wall street journal with high praise for the outgoing republican leader in the senate. do you agree or disagree? fresh meadows, new york, democratic caller. caller: i do agree with them, but i disagree. i think he is a brilliant man. he was very successful in amplifying the republican's cause. i think he won the battles, but i think history will look at him unkindly because i think ultimately, he has lost the war for the republicans. host: in what way? caller: i think he is a catalyst of what we are presently encountering. we battled trump, not being responsible for his actions. in new york, we know about him. i am 63 years old. i saw what happened in atlantic city. i saw what happened with trump university. i'm grateful that i had no interest in buying trump products. he has failed every business venture he has taken on and i did appreciate him as tabloid. but i believe that if he is not held accountable for his crimes as president of the u.s. and as a former p
mcconnell helped neil gorsuch win confirmation by finishing what harry reid started, breaking the filibuster for judicial nominees. wall street journal with high praise for the outgoing republican leader in the senate. do you agree or disagree? fresh meadows, new york, democratic caller. caller: i do agree with them, but i disagree. i think he is a brilliant man. he was very successful in amplifying the republican's cause. i think he won the battles, but i think history will look at him...
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Feb 23, 2024
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justice kagan and justice gorsuch went to iceland? justice barrett: they went to iceland.d i speak together as i do with justice barrett on civic issues with a variety of different audiences. it's not as if we are not spending time together. we do. we have dinners with virtually all my colleagues. i try to invite all of them to my home when they join the court, that's part of my way of welcoming them up your justice barrett: -- welcoming them. justice barrett: justice sotomayor invited us and it was right around my daughter's 18th birthday, and she knew that and had a gift and a birthday card waiting for my daughter. again, it is small gestures and thoughtfulness. i think that's probably one of the things that was striking to people, not just that justice scalia justice ginsburg spent a lot of time together, i think it was probably more surprising later in their lives, closer to the time of justice ginsburg and justice scalia's death, people found it remarkable because by that time our culture had gotten to a place where those kind of friendships were more remarkable. i th
justice kagan and justice gorsuch went to iceland? justice barrett: they went to iceland.d i speak together as i do with justice barrett on civic issues with a variety of different audiences. it's not as if we are not spending time together. we do. we have dinners with virtually all my colleagues. i try to invite all of them to my home when they join the court, that's part of my way of welcoming them up your justice barrett: -- welcoming them. justice barrett: justice sotomayor invited us and...
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the most notable display, this, which i thought was very silly during oral arguments, is justice gorsuch i probably shouldn't say in a room of people who work for the supreme court are here before the supreme court, but he was talking about, you know, there's a lot of judicial modesty in changing being able to change your mind saying says this powerful life appointed supreme court clerk who supreme court justice but anyway, we'll see how. it plays out. okay. let me just modify my there will be high issues where will make the difference. yes the front page issues the chevron decision will make a difference in 98% of all the nation's fees. do i think it will make almost no difference. okay. so moving on, because i want to leave time for other people to ask questions. one thing that you hear businesses say and again and increasingly governments say again, again is we want all of our decisions to be informed by data, want data driven decisions. they've been talking about this for a long time, but they finally have become better at deploying data to inform public policy in big ways and in sma
the most notable display, this, which i thought was very silly during oral arguments, is justice gorsuch i probably shouldn't say in a room of people who work for the supreme court are here before the supreme court, but he was talking about, you know, there's a lot of judicial modesty in changing being able to change your mind saying says this powerful life appointed supreme court clerk who supreme court justice but anyway, we'll see how. it plays out. okay. let me just modify my there will be...
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probably gorsuch. if that's the case, they only need one out of roberts, barrett and kavanaugh to join them. it could derail the case until after the election. >> let's turn to the mar-a-lago classified documents case where jack smith this week detailed threats against prosecutors, judges and other witnesses writing that witnesses, agents and judicial officers have been harassed and intimidated and the further outing of additional witnesses will pose a similarly intolerable risk of turning their lives upside down. prosecutors want to keep the names of many of the individuals secret. how do you think the court should be handling this? >> look, when there's a public trial, information becomes public in the course of the trial. in the run-up to the trial, the judge does have some discretion to impose some confidentiality around the process, particularly in a situation like this where you have the prosecutor saying people are exposed to serious threats. i would expect or at least hope that the judge would
probably gorsuch. if that's the case, they only need one out of roberts, barrett and kavanaugh to join them. it could derail the case until after the election. >> let's turn to the mar-a-lago classified documents case where jack smith this week detailed threats against prosecutors, judges and other witnesses writing that witnesses, agents and judicial officers have been harassed and intimidated and the further outing of additional witnesses will pose a similarly intolerable risk of...