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BREAKING: Supreme Court Justice Stephen Breyer Retiring

Sekulow Radio Show / Jay Sekulow & Jordan Sekulow
The Truth Network Radio
January 26, 2022 12:00 pm

BREAKING: Supreme Court Justice Stephen Breyer Retiring

Sekulow Radio Show / Jay Sekulow & Jordan Sekulow

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January 26, 2022 12:00 pm

In breaking news, it has been reported that Supreme Court Justice Stephen G. Breyer is set to retire from the Supreme Court. Jay, Jordan, and the rest of the Sekulow team discuss exactly what this means moving forward. This and more today on Sekulow .

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Is saying the battle between Ukraine and Russia will be the biggest since World War II.

So why are other European countries ready to fight, keeping you informed and now this is one of award worshiping the Lord returns want to hear from you Sharon McCall, 1-800-684-3110 American forces. Now, your host Jordan secular US forces radio to remember it was the state that said Americans about were not going to get you out.

So if you believe that it's evidence. And now the prediction is sometime mid February. So few weeks that there be some kind of Russian aggression. What about the troops that are there. If the training that are internal in Ukraine but again, this goes to a bigger issue which is at the President is claiming this will be the biggest invasion since World War II. I think the question we have to ask today's one if that's true that's true, why are other European nations unwilling to fight wise NATO so decide disengage from this a potential conflict, but to is that just a way to raise the bar so high that anything else that Russia does the dozen equipped out that that is equal to Hitler invading Poland in World War II. So it's not equal to that that it won't be as big of an international event and thus that by the administration can try to claim that they be some kind of victory, because the incursions were smaller so there setting the bar so high for what they predict. Then again, if they really do believe that why are we going to fight your floor. Why they have not been able to tell us that no one has sent out the second, the Secretary of State, Pres. Biden notice and why does the US do to go about this alone would NATO can agree what to do with where is that when Germany is ignoring this because they want to deal with Russia. What about the UK, France, they were art, where are these countries the submit major militaries that we have been working with training with funding, arming for decades since World War II. For a moment like this just in case this ever would occur, and yet they're nowhere to be found.

So they just assume the US will show up and somehow save the day or they just don't care about the sovereignty of Ukraine. It's not a big enough issue to most of Europe in the in the part of Europe that would have the weaponry and military power to actually do something about it so I think it's twofold. I think of what Haley could be raising the bar so high that anything else looks kind of minimum at a looks like a small incursion or to this idea that the US has to come save the day.

I don't think the American people support it will Denmark sending a friendship and think were also looking at one other situation you have a Supreme Court retirement seated reporting was bringing analysts.

Justice Breyer will be retired from the court so that would give okay let me explain. That's interesting timing with a 50-50 Senate. There's a filibuster there's a filibuster confirmed yet. So this would give Joe Biden opportunity to replace a liberal with a liberal. I think probably what I'm to suggest is a maybe we do this week come down on Facebook and read come up on this, so it's fresh radio audience were to get into this obviously changes what were going to discuss. We can discuss Russia tomorrow or even later in the broadcast. This is very very significant. Try to get some confirmations on this point right now. Obviously, this is I'll tell you what the confirmation process is let's get plan bend if he's available to come on as well and will go through the process and what it means.

The big moment reported history with Justice Breyer.

If that in fact is the announcement getting the sea was on the court. I will take your calls at 1-800-684-3110.

That's 800-684-3110 800-684-3110. Obviously, this breaking news with the belt seated, reporting that Justice Breyer is in fact going to retire from this report. At the end of the term.

MBC also confirming that Scotus blog is everywhere. I so will be right back on secular share with your friends and family.

Would you come back the challenges facing Americans or substantial time in our Valley freedom sword constitutional rights are under attack more important than ever to stand with the American Center for Law and Justice for decades now ACLJ is on the front lines protecting your freedoms defending your rights in court in Congress to get in the public arena and we have an exceptional track record of success. But here's the bottom line we could not do her work without your support, we remain committed to protecting your religious and constitutional freedoms then remains our top priority, especially now during these challenging times. The American Center for Law and Justice is on your side, you're already a member. Thank you. If you're not well this is the perfect time to stand with us. ACLJ.org where you can learn more about her life changing become a member today ACLJ only one. A society can agree that the most vulnerable and voiceless tech. Is there any hope for that culture to survive. And that's exactly what you are saying when you stand with the American Center for Law and Justice, defendant the right to life. We created a free and powerful publication offering a panoramic view of the ACLJ's battle for the unborn is called mission life will show you how you are personally pro-life supporters and the publication includes a look at all major ACLJ pro-life cases were fighting for the rights of pro-life activist ramifications of Roe V Wade, 40 years later Planned Parenthood's role in the abortion industry and what Obama care means to the pro-life of the many ways your membership in the ACLJ is empowering the right to life question free copy of mission life today online ACLJ/secular so we got pretty good rickety to cover course rush Ukraine with there's break news at Supreme Court retirement as been announced. Justice Breyer liberal justice of the Supreme Court has announced his retirement is the report is that he is let the White House know I mean likely to be retired at the end of the term after the briefing is dead because he still been active in the current cases. He again etc. tie-dye. What is that mean it isn't Joe Biden present Biden will get a nominee to the Supreme Court without it will not shift the balance of the court when it comes to votes in that safe to say when it comes to things that are titled the conservative versus liberal major votes, but certainly the person who replaces Justice Breyer who see this kind of a pragmatic but pretty liberal but try to be up Friday pragmatic on some issues could be replaced with a very radical liberal edit – sure the pressure will be on the way asked to put someone forward who is to the left of anybody's on a pro rata and less there was a move like that to move Kemal Harris out apologize to so that Joe Biden can bring in a new VP to try to as we talked about like a 2.0, yeah, it is administration, there's a lot of what-ifs here that the one thing we know, though, is that there is going to be a Supreme Court nomination battle.

There is no filibuster on this we know and understand better right away Washington DC Fab important to note Republic Democrats did away with the filibuster for judicial nominees all the way to the Circuit Court Republicans during the gorgeous nomination did away with the filibuster for the Supreme Court, so it's 51 vote and that's how I get that's how close the sit. It is right now. It really ties in the conversation we had last week Jordan at the legislative filibuster. If you make a change to the filibuster. It is going to apply to both parties and when the Democrats pull down the judicial filibuster for lower court nominations. It was always good to apply to the Supreme Court. Of course it does now say or write Jordan write a 50 vote threshold in the United States Senate, plus the Tyvek breaking vote of the President of the Senate, which of course is VP Harrison Jordan Avenue you know this better than most that the scuttlebutt just starts immediately at me. My phone is filled with potential replacements. And you're right. Even though I think it's a little bit of a long shot.

The one that I'm seeing the most often sexy VP Harris. But here's the thing that you have to understand the Justice Breyer on the member of the liberal member of the Supreme Court is a considered a moderate okay you look at it. Believe it or not Teresa Monty's.

He's not the center, obviously, but if I look at our cases in a series of cases were just as Breyer has agreed with our position as a series of cases where he hasn't, but he is he is more of a assent first moderate than Alayna Kagan or even soda Mayor Elena Kagan has been more moderate than people think. The pressure here, the pressure point on this is going to be to appoint someone who is very very progressive and very very liberal on this and again is not about the changes the courts outcome because it's replacing a justice with a I conservative just I liberal justice actually supply bit surprised he did it because he know the pressure that they put on. They had billboards up about them, but he know he's been a great help and he is far as we know and seem very very strong during the oral arguments in his questioning was no different than it was when I was before 25 years ago, but there's been a be a big fight over this absolutely so I think the laugh will attempt to put a progressive globalists delete individual. The United States Supreme Court, I suspect they are salivating so they will seek to place on the court.

Someone who gets approval from either AOC or Sen. Warren and so I really think what we will get is a sure complete ideologue on the Supreme Court who will replace Justice Breyer and I think it will make for a more fireworks on the court and probably a greater outburst that will be carried by the press so I think they will be unrestrained or at least that's what they hope and so if you look at anyone who is probably above the age of 35 as somewhere between 35 and 55. They are now in play, particularly if they are ideologues. Yeah, I think that's right but I think you have a lot of pressure from the those like you said, the left wing of that party is going to be very intense on the President to select someone that meets their criteria for what they would like to see in a Supreme Court nominee question Jay is an imprint you know the answer. And as you playing out the hypotheticals if they were to nominate the vice President together. Supreme Court, there's a 50-50 Senate she allowed to break the Taft event for herself short okay that I and she said she's a present. The Senate okay so the role doesn't change now is what is that we will is grounded which you need to step out as I spelled it right now because they served as 10th circuit Court of Appeals judges until they were confirmed Supreme Court of United States. I know she won't have to do that if they did that mean this is there speculation on this when I hear anything from the White House on this point it would be it would be a interesting double-play. The landing to do that because there's a lot of tension between the vice President, the President's office. We know that sin all the media's covering that. So this would bring a whole different perspective. I think I think it definitely will. I think it would if he and if the President were nominate Kemal Harris he would be able to eliminate some that tension by literally kicking her, not upstairs, but across the street and putting her in the Supreme Court of the United States and then putting some in his vice President which he them will get the right to appoint who would be a more amenable and more consistent with his own policies.

But then this is good with my colleagues were going to get someone who is to me the left of Breyer no doubt about it and who's going to be an ideologue of the left and the left is been be pushing the President very very hard to get someone on their who is a left wing ideologue of the harshest leftist most variety. This is, it's also understand there is no like you said, there's no filibuster on the Supreme Court justices so that doesn't happen, and I really think than what the battle here. I mean, he nominates a W process, but is nominees get through. I mean I think that's likely Jabez sets up a very interesting political dynamic. I fully agree with your assessment that it's me somebody to the left of Breyer but anything about this.

J. This has to happen before the midterms if the Democrats lose control of the United States Senate. If that nominee is getting it confirm so you know that I haven't seen details on whether or not justice briars can await further confirmation before he steps down or how that details work but I just think about it this way J if it's going to happen this year.

They cannot afford to lose a single vote in the United States Senate. Now look it's a much higher hurdle to lose a vote on a Supreme Court nominee but look at the last few made major pieces of legislation that put been put on the floor. They've not been able to rally the troops said they are going to have to nominate someone who can get all those all 50 votes know it's interesting here is the date they specified when Justice Breyer will step aside at the same point at the end of the term or upon confirmation of the success but I'll tell you why that makes a difference. I don't think you see that yet. It specifically if there is a time if it's if he's stepping down before the confirmation of someone okay, that would mean an 88 court because but the fact is the replacement vote. You would assume is good to be no different than justice briars actual vote. So I think that's how this plays out. So no matter will find out more.

The timing as this goes on, but the fact of the matter is I think it will be in clear the historic aspect of this is Stephen Breyer serve for a long time. As I said I bet we had and you have do. We had a very good relationship with him on a personal basis and inquiries always, always ask hard questions, but it's never mean-spirited and I we talk to him at various events we been that and have spent time with them. You know, again, you're going to see a replacement is can be how far left is that replacement it will be further left.

Harry then Stephen Breyer, I think that's right.

Not at Kennedy nominate, but there is a slight resident and I will sizing only a slight rest that Sen. mansion might balk at someone who's incredibly far to the live but that's only at a gas I would say right now.

That's a long shot. And so I think Pres. Biden will not want to make a huge mistake by nominating someone who show offensive that Sen. mansion balks so that would probably be the only break or limitation on them with plans torn apart by the shoebox of the far left of the revisit it while cutting the other hate NSF.

I tend to agree a liberal on Kagan, who had no experience just trade all came at Harvard Law as the ship think much more liberal than the Harvard Law deed these days you can't. The time I saw you. I think that there's a lot of these ago to play with this. What is this is got to be pretty quickly as midterm elections. Yeah, I know this was deftly a calculated political move justice. Breyer saw the writing on the wall that likely to sit it's flipping, and the houses flipping for his purpose in the city, flipping, and so you got a Democrat President of right out. Take a Democrat say that even with one vote. We should be replacement.

So what's with your similar ideology, they can still sit on the court. You know this in the lower courts once they retire from this report is that now just white Best Buy was doing it as well for the pelican not doing anything, but they will not be on the Supreme Court of United States fascinating well development will talk more about we come back break questions 800-684-3110. What you think. 1-800-684-3110 only one.

A society can agree that the most vulnerable invoice is, is there any hope for that culture to survive. And that's exactly what you are saying when you stand with the American Center for Law and Justice, defendant the right to life, we've created a free powerful publication offering a panoramic view of the ACLJ's battle for the unborn Gold edition like it will show you how you are personally support publication includes a look at all major ACLJ cases were fighting for the rights of pro-life activist the ramifications of Roe V Wade, 40 years later Planned Parenthood's role in the abortion industry and what Obama care means to the prone life in many ways your membership in the ACLJ is empowering the right to question your free copy of mission life today online ACLJ/challenges facing Americans for substantial time in our Valley freedom sword constitutional rights are under attack more important than ever to stay with the American Center for Law and Justice for decades now ACLJ on the front lines protecting your freedoms defending your rights and courts in Congress and in the public arena and we have an exceptional track record of success. But here's the bottom line we could not do her work without your support, we remain committed to protecting your religious and constitutional freedoms then remains our top priority, especially now during these challenging times. The American Center for Law and Justice is on your side, you're already a member. Thank you, are not well this is the perfect time to stand with us. ACLJ.org where you can learn more about her life changing become a member today ACLJ to secularly articulate your phone calls this if you got questions about what is obviously something we watch very carefully.

This will not affect heard cases at the US Supreme Court that it had oral argument.

It is a recovery December sub reporting, saying that he is retiring at the end of this term that would be different than waiting until the new justice was confirmed, which could leave for a short period of time for four court which right now is actually like a really a 55 is a cyclic beginning to look into the term. Here's the interesting dynamic and that is it makes this battle in the summer as the term is usually not over to the last decisions rendered. That's usually the first week of July so the political aspect of this is pretty clear understand why just by wants to finish his term, but it's good to make this a pitched battle right before the midterm.

That's exactly right Jan I think with handset is correct. This is probably very calculated on the part of everybody was involved as seeing the possibility that the Senate might flip in the midterms.

The President's popularity is thinking he has wars and rumors of wars in Europe a lot of things happening so Justice Breyer after 27 years wants to perpetuate keeping the liberal on the Courtney says this is the time to do it we better do it while we still have control of the Senate, hopefully for them. I made it's up to them when mansion cinema.

However, some of them are more moderates might not go with it, but this is the time to do it and I think you're right.

J. The battle is going to be in the summer if not sooner. I think the other aspect of this that they and how do you think explained to you by what the process is gonna look like yes to the process that once there's a nominee will be sent to the United States Senate and assigned to the Senate Judiciary Committee. Of course JR all of our listeners are probably can remember the hearings for Justice Cavanagh, Justice Barry and others we go through a series of hearings there and ultimately the Senate Judiciary Committee would take a vote.

Now that the nominee J just our listeners are clear does not have to have a majority on the Senate Judiciary Committee to move to the floor of the just for informational purposes.

There are 11 Democrats and 11 Republicans on that committee. So it's entirely possible that a nominee would move out of the committee with a tied vote 11 to 11 and then moved to a tide Senate to take about a J. One thing I just wanted to put out there just to sue people remember this Pres. Biden when he was campaigning. He did pledge that he would put a woman of color on the court.

If the nomination were to open up so if he stays true to that J it does narrow the scope quite a lot.

I think we made that pledge.

There only five women of color on the circuit Court of Appeals. Not that he has to draw from that list, but they were all up in age as well so and another name that I'm hearing J just to just to say it is a Catania Jackson, whose aid judge on the DC Circuit Court she did. I think she's 51 now, so that would be someone that is getting a lot of attention solely under Kruger.

She's on the California Supreme Court. She is African-American woman was a clerk to Justice Stevens is only 45 years old Calvin party's report and a there is a susceptibility District Court judges up for the DC circuit right now. Michelle Childs also after American woman about that second a three 4550 years old so I beat like that. Said he he probably narrowed it by the pledge she may but he knew that going into that pledge so they can hold him to that.

I think the left and his party Kemal Harris will also beat that standard, I did. I think that that would be an outlier. We look at that is a political move because she has not performed right as vice President, she would still be a liberal, trustworthy vote, the Supreme Court and Pres. Biden will be allowed to bring in a whole new team for his second in command and she and she's a member of the United States Senate, so she was formally selling there's little Senate courtesy. That's the part of the process and the movies time she would be confirmed to meet lytic shift at the on the list. Yeah, I think that it is a political calculation, though with that because it disrupts your euro certainly are your whole but finance not instructing him enough right now.

Yeah, I mean this is a big movement but this is why we want to take your calls at 800 684 31 tenant and I do want to say something here and that is look I've been litigating cases before this report from for decades and is been a lot of those cases with me. George been on last two decades been a lot of those cases and I don't view these justices ever as the enemy. I don't. I just never thought that was the role of the lawyer were members of the bar of the court were counselors, the corporate officers of the court that we disagree, obviously, but like I said there's been times.

Justice Breyer has cited opinions of the briefs of the American Center for Law and Justice. I suspect Harry is replacement probably will not. I think that's a good, bad, and I would also gas that the only time we will get cited is because they will want to attack our argument and so it's very very unlikely that the ACLJ will be cited by Breyer's recite replacement favorably.

Yeah I think that's I think in Outlook as part that's part of the process. Here, you know, we say elections have consequences will changes have consequences.

They did that for corsets, they did it for Cavanaugh. They did for Barrett, this is what happens and I think it's fine because I think it's what the Constitution says anyways yeah I think for conservatives were listing. This is not to chase about sport it might push the liberals were liberal but I could but I don't think it's gonna push the court. It it doesn't affect that the there six conservatives of the court. Right now I with Alisa conservative judicial philosophy is a little bit of a specter there. I would say from Justice Roberts to Justice Alito. But you don't that it second change that they still could be. So even if you do, and that may be part calculation to he could probably retire without steak until he had because the bank of the court right now is you would still have five boats yeah five consent order of six conservatives yeah this what Doug Joe Biden said when he was running for President during the Presidential debates. Everyone should be represented everyone and no one is better than me and I'm no better than anyone else.

The fact is we should be doing. We talked about the Supreme Court. I'm looking forward to making sure there is a black woman on the Supreme Court to make sure. I think it's fine that this is Presidential prerogative Harry. The President has the authority to nominate with the advice and consent of the Senate and I don't.

I agree with Jordan, I don't see it likely that cinema or or Congressman meant a center mansion are going to fight Joe Biden on that.

I just don't see it. I think that's probably right. I guess I would disagree with Pres. Biden in terms of his insistence that melanin determines one's judicial philosophy and but if he really believes that it will indeed be impossible to comply with that notion unless we expand the United States Supreme Court on up to maybe 50 Supreme Court Justice Ike I think that's the end of the court packing to buy that I don't think you're going to go back to that they may but not not. Let's estimate a focus that he is what you don't want to do with this. What we say it's kind of a dead yet. It's a 51 votes just write you what you don't want to do is nominate somebody who hasn't been properly vetted and it hold him and keep looking like Christ is present right who can't get his act together. So I think for the Biden team is a huge decision because they can look they get with pretty easy with you or they could cause disaster in place of Republicans remember what they did to Cavanaugh about. I wish there were more submitters who I think were tough enough to take it to Democrats has really that's what say you better bet this nominee provide because there's some anger left over for what they did have. There is but there are various ways that we look there for another 30 minute so we want your because of the importance of the Supreme Court for you and what the processes are questions, to have 1800-684-3110 800-684-3110 were during the break will be following this up by decades ACLJ been on the frontline protecting your freedom is defending your rights in court in Congress and in the public arena. The American Center for Law and Justice is on your side. If you're already a member.

Thank you. If you're not well this is the perfect time to stand with us ACLJ.org where you can learn more about our life-changing work, member today ACLJ keeping you informed anything now is Jordan secular to secularist future stories is the first half hour.

There is break news and I want to make a clear everybody was breaking minutes. As we were on air first. After the broadcast that is that that Supreme Court Justice Stephen Breyer, is stepping down from the US Supreme Court now won't impact current cases at theirs. Right now there's some news outlets reported that he is stepping that at the end of this term. Sometimes they say I will step down when my replacement is confirmed. So were not not not 100% on that yet, but what this does is set up a confirmation battle and underwrite a 10 minute Washington DC say there will be a confirmation battle. It will not significant. This is not going to significantly push the court in a different direction. This is liberal for liberal, you might get a more liberal justice replay suggests bribery second shift, the court significantly, but that it is going to be a major battle that occurs with a lot of attention because of the cases that are before the court right now that will be out before this nominee that certainly they'll be question about Dobson those kind of cases all before the midterm elections, which could do one of two things. It could help the Biden base kinda get away and they could also re-fire up the conservative base with a C if if it is a kind of extreme liberal gravity that's put forth in your niche can be intense. Anyway you cut it, and I think it's can have a big impact on the midterm elections, no matter how you cut it, and in the fact that it's not a swing vote definitely does dial it down just a little bit. It's not a a change in it is for the makeup of the court in any sort of a way to join. I think there's actually something very significant about the timing of then stepping down. We've touched on this billing just extrapolate on this for just a minute it if if his departure from that Supreme Court and then an eventual nomination is not able to happen until the summer. Then Jordan you really do start to have a squeeze timeline you start to get into the point. The. Where the Senate doesn't like to consider this. Now the Senate is under leader humor.

They're going to consider this nominee, it will get a vote.

I'm not suggesting the time would run out, but it does bring up the scenario that you mentioned a bit ago. If the President were to make a mistake or were to nominate someone who then ran into trouble during the nomination process, there would not be a lot of room for error in that scenario, and Jordan. Even if none of those things happen. It is going to be one of the front burner-ish and issues that is either animating or deterring both Republican and Democrat voters come this fall. And remember both chambers Jordan razor thin mint majorities. Both majorities are on the line here yet. Harry is Harry. There was that the up there might be a limited field here but there's that evening that limited field is probably more liberal to there's a lot of different ways this could go as he would talk that a vice President Harris be utilized. Certainly they'll be a lot of speculation either. The White House hope will go through it's it's vetting process.

I'm sure you they been notified by Justice Breyer.

They may been notified even earlier.

They babied were prepared but it's a major decision for any President, and again for this present they be a smooth process. I think they do and they may indeed have some incentive to nominate someone who is already gone through the vetting process and so if we expand the field just bad.

It's possible that a high level African-American woman in the Justice Department could indeed surface as a possibility. I've seen some of the testimony of those individuals and it's far from clear that they would indeed pass muster, but it's clearly a possibility. This writing really break this odd aphoristic your cause as well. One 800 684 31 to break call and come Kevin and Lori. We will talk about that will take your calls. Write me back this break.

Kevin Lord give you first.

If you have question about the set Supreme Court nominee. The very divided city right now mean one votes if no Republicans without which by the way I beat her some moderate Republicans who may joy.title think it's certain that it's for you. By the way, I really will depend on who the doll that he is in their official philosophy of how the in the hearings because of a handful of of Republicans who would probably vote for the nominee.

Last modified troops] second challenges facing Americans or substantial time in our Valley freedom sword constitutional rights are under attack more important than ever to stay with the American Center for Law and Justice for decades. ACLJ on the frontline protecting your freedoms defending your rights in court in Congress and in the public arena and we have an exceptional track record of success. But here's the bottom line we could not do our work without your support, we remain committed to protecting your religious and constitutional freedoms and then remains our top priority, especially now during these challenging times.

The American Center for Law and Justice is on your side, you're already a member. Thank you. Not well this is the perfect time to stand with us ACLJ.org where you can learn more about her life changing become a member today ACLJ only one. A society can agree that the most vulnerable invoice is, is there any hope for that culture to survive.

And that's exactly what you are saying when you stand with the American Center for Law and Justice, defendant the right to life. We created a free powerful publication offering a panoramic view of the ACLJ's battle for the unborn, called mission will show you how you are personally publication includes a look at all major ACLJ cases were fighting for the rights of pro-life activist ramifications of Roe V Wade, 40 years later Planned Parenthood's role in the worship ministry and what Obama care means to the prone life in many ways your membership in the ACLJ is empowering the right question free copy mission life today online ACLJ/secular cause doubt because of the questions but if you got questions about this process with a fit with the divided 50-50 sit it with a tie-breaking vote cast by VP remember there's a filibuster that does change a lot about the. The nomination process. It was Democrats who didn't got rid of it for everything but Supreme Court justices, and then it was Republicans who got rid of it for Supreme Court justices.

That was the course which a confirmation I hearings when they decided to use a nuclear option to get rid of that for nominate sit still there for legislative as we saw, but not the right… Good heavens college in Texas.

I like to make Kevin welcome to secular euros a year. Thank you. Wouldn't allow air to air itself of any that come up vice President. So here's the way it works very interesting. The Supreme Court different than other courts. There is no recusal criteria so the only way Justice recuse themselves from a proceeding is it that justice on their own.

You to file a motion elects to recuse themselves and that's it happens but it's rare so but it's possible you have to understand I think what's important understand all of this is the process that's going to take place. The Constitution and he does best with the President the authority to nominate two point nominate a try with the advice and consent of the Senate would now know filibuster so that majority vote controls right under the circumstances as they exist today.

Medic one of you as a citizen we talked about the different you think that might happen. We mentioned Kemal Harrison and she is certain. Her name is being mentioned. She has been a horrible vice President.

There's a lot of tension by all accounts between the White House, the President's office and her office. He could by nominating her to the court select a new vice President with whom he could run to the city's gonna run again and she's a drag on the ticket.

And so it would solve a problem for the President you know it.

If she did that but in my concern is the pragmatic piece. I worry about Joe Batten and his health. He had a get into that what I'm doing okay I and I don't like getting into that because I paid the same thing with the previous President, and I don't and I'm not needing much office back in Outlook. I just don't like when people do that and I want to be clear on that. I understand people have opinions and whatnot is the President of the United States. Unlike what they did with Donald Trump on the show respect to the presidency and I don't want to send a message to the world that our President is not mentally job was selling this oh so let's not get into that, but you do raise the point of does it give them a chance to breathe new life into their White House yet. Also, a lot of chaos will here's what the issues are producer will pointed out is that this is a hang up so you would you would have to she would have to leave at some point it out and then you get a 50-50 Senate whitefish got and then get a majority vote of the house considered for new VP that is now how would you get that note yet and so thin that to me takes her out of it because that's not can happen yet is exactly a significant hang up. This is the 25th amendment. J. One of the provisions of the 25th amendment both chambers, not just the Senate both chambers, I would have to confirm her show again back to the timeline that we played out. You have to think of it has to happen before the midterms. In fact, I think probably the retirement is a signal that Justice Breyer isn't confident there would be a Senate they could confirm his replacement. After the midterm. So if it happens before there in the midterms you got this razor thin majority in both chambers the house and the Senate.

They would have to confirm somebody and without a tie-breaking vote that may prove to be very impossible and just played out one more step J's with the vice presidency was vacant. You couldn't move anything to the Senate on a simple majority and second in line to the Oval Office would be speaker Nancy's policy yes I don't think I think it's good to be there's a list of you know that we now this work would be done this.

There's a list of people that have they have been going through that list easily goes to the White House counsel's office and then with the President. The President interviews each person.

It will probably be someone he is nominated. I suspect that's how this will go, and that person will either meet the vetting criteria or not. Yes, so you got a Breyer clerk Stevens clerk and then started it. Those are two of the third would be that the South Carolina district court judge was dominated right now for the DC circuit Michelle Childs but you got out of the odd recruiter who is which was the Breyer clerk. She should that is Judge Jackson of the fists of the DC circuit because it was you what they'll be a lot because that happen. Remember with with the more such was a clerk for Kennedy he replaced Kenny but that does happen a lot so you could see that kind of situation. The other, the younger of the dominate would be the California Supreme Court justice Oleander Kruger, whose 45. She was a clerk for Justice John Paul Stevens so I even with the if he goes that limited pitch like we talked about where it's it's African-American woman you got right there to former Supreme Court clerks. Those who you could make the Arlington I qualified for the bench what is coming out of the California Supreme Court what is coming out of the circuit courts, judicial philosophy that would make it clear as we said that were friendly will likely oppose very strongly any of these nominees and make a battle because it should be, and because honestly, after what the left it to Brett Cavanaugh live I will I will go to any leaks possible to destroy their nominate because that's what they do and I wish Republicans were that tough, not unfortunately not in the U.S. Senate.

Specifically, that I be like half of them will vote for the like will end up like printing them and they had about 1/4 will probably end up voting for. But that is in groups like the ACLJ are going to just get there but were to do it based on their mathematical they are yet to be there. Now how to cut back is likely whoever this is there going to be more liberal than brides because of age, current makeup of where they are courts. I would imagine California Supreme Court justice who clerk for John Paul Stevens is only 45 pre-liberal about I bring to do that research as you got these names coming right now so that you won't be couple in a list that is not leaking. Yes, I think it hairs right to probably to look outside just a handful that would be qualified to judiciary side and look at really qualified attorneys people that serve higher positions, Department of Justice and other government agencies because that is also those are also people who can be chosen at you because we always want to point out, I don't think you will point a sitting senator because it puts the Senate at such risk yet think that there's issues with that's another issue with Harris and as sitter is that the divided Senate edits can be very close on if Democrats could hold control that unlikely, but you're making it that much tougher and less you click that you can pick from the state is deeply, but also you know you never know exactly where the nominee is going to be coming from it. We see a list but Harry is weave experiences over many years of putting these list together.

The research together you net there's always an outlier that you didn't expect that ends up on that shortlist I think is every time I think that is true, and I think that is particularly a possibility with the President Biden I he has been a fairly erratic President.

So yes he could pick someone that is totally unexpected. That's number one number two vetted I don't, they may not be expected, but you can guarantee that can be better. Number two I agree with Jordan that we should work to toughen up Republicans in the Senate, and in fact perhaps we should deputize Jordan secular oath to begin the toughening process immediately because I think that is the Achilles' heel of Republicans typically that particular grave politics, personal destruction is like a, now I'm not saying MSU Nevada politics person but they did.

The left is when they look at those nominees happily kill them.

I had a we take them out grew their life ruined their make it where you make it painful. I and that you relate just to spare at their mocking her religion up until the final numbers for shoes confirm Cavanaugh the accusations against him.

Corsets think they may be had to fill, but we had to give her the filibuster they were to keep it off the court. So I mean it when I say again, toughen up, I would like to see some tougher moves in their new members of the Senate that will will will get to see an action on this, but but ultimately it comes answered. Are they clearly vetted the real disaster for the Biden administration would be putting forward somewhat. Who is just got something of their background that would cause of that because if judicial philosophy but because of have to step step aside which would lead to the theory that this is an administration that just can't get things together. They kept not operating a full-service, I think while this could give just as this could give President by the with looks like a victory. It also presents him with a task of where you got to have a unified front can have a divided White House on who this nominee is yet have Democrat buy-in and probably from the left progressive left so I mean he's got a few different boxes. He's got a check to make this an easy victory. And I can see how it unravels difficult because of the progressive left like if you net somebody when they come out start to the fit did you know you never know that's not what this White House.

What so what is our job, our job will be asked that these any of the nominees for the Navy start coming out and it clearly tell you what they're about to be for judges be pretty easy to figure out the official floss very quickly and where they are and where they would be of what a point that were terrific for your phone calls we come back what he hundred 64 3110. This will not shift court not meet his decisions as decisions go might shift the left of the court for the left, but it still keeps only one. A society can agree that the most vulnerable invoice is, is there any hope for that culture to survive. And that's exactly what you are saying when you stand with the American Center for Law and Justice, defendant the right to life, we've created a free powerful publication offering a panoramic view of the ACLJ's battle for the unborn Gold edition will show you how you are personally publication includes a look at all major ACLJ cases were fighting for the rights of pro-life activist the ramifications of Roe V Wade, 40 years later Planned Parenthood's role in the abortion industry and what Obama care means to the prone life in many ways your membership in the ACLJ is empowering the right to question your free copy of mission life today online ACLJ/challenges facing Americans for substantial time and are now free to start constitutional rights are under attack more important than ever to stay with the American Center for Law and Justice ACLJ on the front lines protecting your freedoms defending your rights in court in Congress to get in the public arena and we have an exceptional track record of success. But here's the bottom line we could not do her work without your support, we remain committed to protecting your religious and constitutional freedoms than remains our top priority, especially now during these challenging times.

The American Center for Law and Justice is on your side, you're already a member. Thank you, are not well this is the perfect time to stand with us. ACLJ.org where you can learn more about her life changing work, become a member today ACLJ Lori in Washington state I live three hey Lori, welcome to secular euros a year like I did not understand how a legal for our government eight.

Any band putting them in an efficient electric deck and what they want. I thought that we five decade lot against discrimination usually works.

Lori and and that is the President of course will be discriminating because he's gonna make the decision on who he wants to be the nominee. So let's say there's six candidates up there. In this sense, you may say go.

There's this one and there's this one and this one is just bluffing on picking this one because I like whatever it is about him or her, probably female. I think positions she happens to be black and Hispanic. Whatever it might be that the President has that prerogative. We do need understand what the Constitution says and it's the President nominates and appoints that's it so he can use whatever criteria you have to be a lawyer to be on the screen organized as excess was for Ronald South Carolina on live for errata welcome secularly on the particular call that was actually one of the questions ahead of what qualifications they need in order to actually be selected for Supreme Court justice with the you know you have to be on the bench and if so how long that kinda big they don't even have to be lawyers.

There is no requirement in the Constitution that a justice of the Supreme Court orders. This report is the Constitution axis as a judge on the Supreme Court would be a lawyer that's not required so constitutionally it's not relevant.

As a matter fact, one of the finest justices of the Supreme Court of the United States, Robert H.

Jackson who was a prosecutor at the Nuremberg trials was not a lawyer. He did not have any judicial experience. He was not an attorney at law and sent to the President to do you don't have them. Judicial nominating you have to be a lawyer. It's up to the President to make the appointment and then the Senate vets through their advice and consent process and decides whether to advance the nominee to the position or not. I think it again. It's not unusual for presents our sister had a box in who they would pick a present by what little further by Seo sex and race but I think also. He looked at did say if I do this. Are there people available on the court to do that and they are that they there are there are we've Artie got through a list of people who like you said that you don't have to be serving a corporate shoemaker confirmation process easier when you got a legal background in here. There was question about Justice Kagan because she did have the judicial judicial backrub. She was a solicitor general Dean of Harvard Law school. She was living United in the legal world what would it really comes down to is I think what you're going to see if this will be the issue.

Part is, this is probably going to be a nominee that is much more liberal than any nominee this been before the Senate, at least publicly evaluate that sometimes a shift on the court but your publicly because you gotta you got to appease the progressive part of the party so by doing that than I think it does set up a real battle in the Senate because though it's tougher to see a mansion in the cinema voting though they put someone who's really far out there and start save some weird things about Second Amendment or weird things about other issues and suddenly you got a bad audience will Jordan especially given that it's an attorney. I mean this is gonna be all about politics.

It really will. I think it will be a hard left nominee. I think that's just the politics of it I think will be trying to drive their base, but then when you look at the procedure of it. If it's all about politics or if it's at least substantially about politics or let's put it that way. What will it look like in the United States Senate and I think it will look like you needing to be someone that appeals to every member of the Democrat party on a certain level, not just just for example during that.

That's why I think in Tonja Jackson is probably the front runner for former prior clerk. She sits in the Merrick Garland seat so VP Biden can say you not looking back to what happened to Mary Garland and I'm trying to fill his seat and if they would put something like that forward.

You're not only does it appeal maybe to all that the Democrats in the United States Senate, but she got three Republican votes when she was up last April for the DC circuit court, so, so much of that steward is good about me be about political atmospherics are not just for the Senate but also for the U.S. House as he tried to control both chambers. These can these these confirmation processes gone horrible. They're just there there terrible terrible process of the country but nevertheless that is the process now of any reference Robert H. Jackson actually was a lawyer that I did not God graduate law school. He read the law like like Abraham Lincoln in the old days, but so there's but there is no constitutional requirement, but I suspect that the names you're going to hear today one of those names is going to be the nominee. The ones that have been mentioned yet.

Yes I think that's probably likely that made they may expand that out of the next Judges you know I was thinking that you have a judge in the middle District of Georgia called Leslie Abrams who is kin to Stacy Abrams who happens to be a lawyer. Also, I will is very young in her 40s either one of the biggest factors. Yeah, she's Lord legal trade. I think she has more political ambitions.

She may not want to move but again it's hard to say no to that because so far, political, and ambition is what they shouldn't serve as I would say that there's also the out of South Carolina. There's a judge there.

The district court whose right now nominated for the DC circuit hoots would fit this criteria to see was born in 1966. So that's what is that she's not 20 years, attenders, and animations 55. Yes, she's right that it is. I mean, you got you got you have it. There's a lot of factors. There's a lot of this is why West is in that I think we want this to be a tough process of vetting this person and going for the Senate for hearings. I don't want to be ugly in the past that was so not who we are. You can ask tough questions about being ugly and as you, Sanjay.

The President has the authority it's never ugly. The Democrat nomination and ask about them and would actually asked about ask Amy Baird about a minute to attend the religious and religious and lives deep within you. My time as I think this and I'm a little bit. On the other side of that, I think putting through the ringer make their life tough because a lifetime appointment and while it might not shift the court right now this is going to be up progressive liberal France. It's probably look at seminary at California's Freeport Justice preview at who Willie Stevens clerk was a very liberal all right still I need it outlier that he was so liberal. At the time and event of the H1 yesterday was that little dissenter so I and she's the youngest of the Scripture for which Isaac puts her right. The front California help, click, click the progressive boxes clerk for the most liberal just this recording history.

Justice Stevens and she's only 45 years old, means that that means a that's a real lifetime appointment right there. But again we call be surprised.

I just think that Republicans go to think of this as quickly. The gotta be ready to do battle audit and even if it's that it gives uphill battle because there are there are two pretty moderate members of the U.S. Senate who had been a who have opposed by demonstration what it's been to add a touch is a reality. Jordan, no matter who nominates a Supreme Court justice. No matter what the makeup of the U.S. Senate is making sure that that nominee has fidelity to the U.S. Constitution that is a serious responsibility and I would say that all 100 members. The United States Senate had a duty Jordan to make sure that whoever's nominated has fidelity of the Constitution should be a rigorous process. I think it to be on the merits, but all 100 and Jordan have a duty to do it because if this could take as little as 30 days.

They could take on sick time. It's when he is.

The terms in the open summertime to be some way to get the nomination of a that's right so you think you were to begin our research ACLJ on oddities of these names are out there. I will keep you updated on this course will keep you feeling Ukraine and Russia go to AC okay.our ACL tape.org will talk ACLJ on the frontlines protecting your freedom is defending your rights in court in Congress and in the public arena. The American Center for Law and Justice is on your side.

If you're already a member thinking. If you're not well this is the perfect time to stand with us ACLJ.org or you can learn more about our life-changing work, member today ACLJ


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