back with us are noah feldman and emily bazelon. rd law school, teechls constitutional law. emily is a staff writer at "the new york times." noah, my question to you, is what is the point of these hearings where the judge or to be justice never answers any questions? essentially, says i can't opine on anything that might potentially come up before the court, tries to be as bland as possible what is the point of it all? >> not much. it's a kind of kabuki theater. and it evolved slowly with the key points when judge robert bork in 1987 answered the questions honestlily and directly and so conservatively that he was rejected by the senate overwhelmingly. the confirmation of justice ruth bader ginsburg where she would not only answer questions, but wouldn't give hints in her answers or previews of what she might do. that enabled her not to answer even general questions about how she thought about certain kinds of cases. since then there is no upside for the nominee in answer the questions, and the senate hasn't had the guts to say, well,

i should point out noah feldman has a great podcast.talks about the federalist society and all these judges. please listen to that. emily basel and noah feldman, thank you so much. >>> when we come back, israeli prime minister benjamin netanyahu finds himself in a new political pickle since the signing of those abraham accords. we'll explain. ♪ ♪ ♪ ♪ .. .. we made usaa insurance for this season. and the veterans that never quit on their team. when being a fan gets tough, and stretching your budget gets even tougher... ...our agents put in the time and legwork for you, ...so saving on auto insurance is easy. because saving a little extra goes a long way. usaa. what you're made of, we're made for. who's sujoe biden.rop 15? biden says, "every kid deserves a quality education and every family deserves to live in a safe, healthy community. that's why i support prop. 15." vote yes. schools and communities first is responsible for the contents of this ad. who'sgovernor gavin newsom. the governor says prop 15 is, "fair, phased-in, and long over

david: that was noah feldman of harvard university and bloomberglaw.com about possible reforms to thebalance of power continues on bloomberg radio. the sbabe talking with administrator. this is "balance of power" on bloomberg television and radio. ♪ >> senators have left the capital for a short break, making it virtually impossible for a fiscal stimulus plan to be passed before the election. nancy pelosi and treasury secretary steven mnuchin continue to haggle over a package. the sides of the plan and language of the bill are the main sticking points. trump administration wants a 1.9 trillion dollar package. democrats want to $.4 trillion. amocrats think joe biden has chance of doing something that no democratic candidate has done in 40 years, when the state of texas. he told an nbc affiliate that the campaign has put out a major effort in texas. president trump currently has a 3.2% lead in the real clear politics average, below the nine-point margin of his win in 2016. young voters are showing not seenm in levels since the 2008 election. the new paul says

so i think, you know, noah feldman from the start has praised her and i think that's a good thing cominghere are other people who were law clerks with her who wouldn't take that position. but one thing he has touched on is her personality in addition to, you know, her credentials and maybe we will see some of that today. you know, thinking back to past confirmation hearings when nominees sort of let their guard down a little bit, flashed a little sense of humor, will we see that from this very disciplined person? would she ever give us what justice kagan gave us when a member of the committee asked where she was on christmas eve the night of a terrorist incident and she said, like any jew, i was at a chinese restaurant. >> right. >> or when chuck schumer challenged john roberts saying you haven't given us any information, you won't even tell us your favorite movies and just as his microphone was being cut off roberts start saying, "north by northwest." if we see some of that, maybe we will see some of the personality that certainly has enamored her to who she worked with at the court. i

i am mad you brought up my classmate noah feldman. i thought i could make it to the hearing without hearing about my professor, chela mark. i want to focus on ms. clark if i can. i want to thank you for your really important testimony. i talked about concerns around race. in the middle of one of our largest racial recognize -- nings, i wonder if you can ground my concern on the actual writings of hers and talk about miranda first. you, senator booker. we are at interesting moment. people are protesting racial injustice and unconstitutional policing practices. we looked closely at one of her articles where she talked at length about miranda, the miranda doctrine. she describes it as the court choice to over enforce a constitutional norm that she says goes beyond constitutional meaning. she suggested miranda warnings throughout time have led to the exclusion of evidence even when some were freely given -- a confession was freely given. i am concerned a justice barrett would mean a court that would be more inclined to chip away at the co

endorsements from not only liberal pundits but from liberal legal scholars one of those being professor noah feldman who clerked with her at the supreme court humor if you don't recall know it feldman professor here was one of the witnesses for the democrats in favor of the impeachment of donald trump when that was going on back in january and he was one of the 1st people to come out and say that any county barrett was highly qualified to take this so not only with his endorsement but some of the other endorsements that have come through i think people realize especially seeing this working mother of 7 with 2 adopted children this is a woman who is of high caliber high integrity and despite the political dissension that we've seen with the democratic party i think the american people regardless of political party we're not going to be swayed one way or another. just one more question jennifer as a conservative christian what message do you think parents appoint and sends out to pro-abortion rights groups. i believe that a lot of liberals are saying that it sends a very stark a very scary message and

liberal harvard law professor noah feldman called judge barrett "a principled brilliant lawyer, a ginuwine good person, highly qualified to serve on the supreme court." that's a pretty high praise. i just recited from others. moreover, judge barrett is a tireless mother of seven. for decades i've led efforts in the senate to improve foster care and promote adoption. so it's a privilege for me to welcome a justice like that to the supreme court. to sum up judge barrett's qualifications and character, they are impeccable. unfortunately i expect the minoritily try to rustle up baseless claims and scare tactics as they've done for decades. anything to derail the confirmation of a republican nominee. lately the left is threatening to pack the supreme court in retaliation for this confirmation process. even the democrats nominee for president and vice president have not ruled out such blatantly partisan policy grabs. republicans are following the constitution and the president. it seems democrats would rather just ignore both. the left is also suggesting judge barrett's confirmation would be the

liberal harvard law professor noah feldman called judge barrett, quote, a principal brilliant lawyer, a genuine good person, highly qualified to serve on the supreme court. that's a pretty high praise, i just -- i just recited from others. moreover, judge barrett is a tireless mother of seven. for decades i've led efforts in the senate to improve foster care and promote adoption. so it's a privilege for me to welcome a justice like that to the supreme court. to sum up the qualifications and character, impeccable. i suspect the minority will try to wrestle up baseless claims and scare tactics as they've done for decades, anything to derail the confirmation of a republican nominee. lately the left is threatening to pack the supreme court in retaliation for this confirmation process. even the democrats' nominee for president and vice president have not ruled out such blatantly partisan policy grabs. republicans are following the constitution and the president. it seems democrats would rather just ignore both. the left is also suggesting judge barrett's confirmation would be the demise of

don't just take my word or the word of the aba, harvard law professor noah feldman has said she is brilliant and he also said she's conscientious. i agree with both of those adjectives. as an educator, you know she's one of the won the teacher of the year award three times, i think this reflects her attention to students, her care for them, but we must never forget that justices and senators are educating the nation about our nation laws and i think that she will carry that task with ease as you saw during your testimony, she's very good at breaking down complex contest. i think she's institutionalist, she cares deeply about america. she does not want to burn the whole place down. and i do not think she will do anything that brings the supreme court into disrepute. i think she has good company because all the justices try their best as they disagree with each other to understand each of the justices comes from the right place, as it senators today discussed they have the value and right instincts. she's a role model, i think senator graham has spoken to that a great length and i won't go int

. >> so the harvard law professor noah feldman who, as you know, testified in favor of president trump'st year wrote in an op-ed that barrett, who by the way he's known for more than 20 years, is more than qualified to sit on the supreme court. his argument, senator, "it is better for the republic to have a principled brilliant lawyer on the bench than a weaker candidate. that's barrett." he by the way went on to say just like you he doesn't agree with a lot of the things that she might do. but he calls her brilliant and qualified, more than qualified. what do you say to that? >> qualifications are important. credentials on paper. what really matters is judgment. and by her legal positions she has really shown herself to be extreme or radical, which is the word she used to describe her position on eliminating gun violence prevention provisions in state laws. and we need a justice who has judgment and a sensitivity to the people who would be caused harm by striking down those protections for people who suffer from pre-existing conditions. one of them now is covid. >> so speaking of covid,

there is a reason why noah feldman called her the single best lawyer he had ever seen.lutely brilliant. amazing. the democrats don't have anything against her. that is why they're trying to attack her character, attacking her family as well. it is really absurd and a sad commentary on the state of the democrat party but judge amy coney barrett is so qualified and is doing an amazing job. we can't wait to see her on the supreme court. charles: all right. i have been so impressed. i really, i'm being honest. she has blown me away with her composure and her knowledge. liz, great, thank you very much. >> no notes required. charles: we will be right back. ♪ ♪ since pioneering the suv in 1935, the chevy suburban has carried many things. nothing more important than family. introducing the most versatile and advanced chevy suburban and tahoe ever. introducing the most versatile and advanced (vo) i'm a verizon engineer and today, we're turning on 5g across the country. with the coverage of 5g nationwide. and, in more and more cities, the unprecedented performance of ultra wideba

i quote, barrett is highly qualified to serve on the supreme court said harvard law professor noah feldman. patricia o'hare from notre dame law school sent a glowing letter to the chairman and ranking member of the judiciary committee. the letter goes, i was the dean at notre dame law school at the time judge barrett first joined our faculty. i was responsible for providing an environment she could flourish and for evaluating whether she had the qualifications for teaching. this proved to be the easiest task of my ten years as a dean. judge barrett is a brilliant and nationally recognized scholar and a generous colleague. i am confident, she went on to say, that if she is confirmed by the united states, she will be an outstanding justice, brilliant, fair, impartial and empathetic and will serve an independent judiciary committed to the rule of law. end quote. mr. president, professor o'hara also noted in her letter that she doesn't write glowing reviews for federal judiciary nominees on a regular basis. she said the only similar letter she had written was in support of elena kagan's nomina

i am mad you brought up my classmate noah feldman. i thought i could make it to the hearing without hearing about my professor, chela mark. i want to focus on ms. clark if i can. i want to thank you for your really important testimony. i talked about concerns around race. in the middle of one of our largest racial recognize -- nings, i wonder if you can ground my concern on the actual writings of hers and talk about miranda first. you, senator booker. we are at interesting moment. people are protesting racial injustice and unconstitutional policing practices. we looked closely at one of her articles where she talked at length about miranda, the miranda doctrine. she describes it as the court choice to over enforce a constitutional norm that she says goes beyond constitutional meaning. she suggested miranda warnings throughout time have led to the exclusion of evidence even when some were freely given -- a confession was freely given. i am concerned a justice barrett would mean a court that would be more inclined to chip away at the co

noah feldman, a harvard law professor who was in favor and testify for the house on behalf of impeachmentf the president, who has come out in defense of her saying that she is qualified for this position, but on the policy matters, you know, on the aca thing, chris wallace mentioned the empathy issue. and she did say throughout the morning, and she said this in her writings, that when she writes an opinion, every single time she looks at it from the purview and the view of the losing party, understanding if there may be someone's child who's going to prison for some kind of sentencing or other issue. she does look at every single case with empathy and it's been interesting to watch and go to watch or be able to speak for herself as the media and democrats tried to define her as someone who rule a certain way and someone who has certain religious beliefs that impose on others in her statement about how she has lived her life, made her own choices i thought was a powerful one and in terms of history, you know, lindsey graham, this is a moment for conservative women, and we want you to have

liberal harvard law professor noah feldman called judge barrett, quote, a principled, brilliant lawyer a genuine good person, highly qualified to serve on the supreme court. that's a pretty high praise. i just recited from others. moreover, judge barrett is a tireless mother of seven. for decades i've led efforts in the senate to improve foster care and promote adoption. so it's a privilege for me to welcome a justice like that to the supreme court. to sum up, judge barrett's qualifications and character are impeccable. unfortunately i expect the minority will try to find baseless claims and scare tactics as they've done for decades. anything to derail the confirmation of a republican nominee. lately the left is threatening to pack the supreme court in retaliation for this confirmation process. even the democrats' nominee for president and vice president have not ruled out such blatantly partisan policy grabs. republicans are following the constitution and the precedent. it seems democrats would rather just ignore both. the left is also suggesting judge barrett's confirmation would be