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September 21, 2020 1:00 pm
Breaking news today on Jay Sekulow live his present trip announces this morning that he will announce the replacement for Justice Ruth Bader Ginsburg later this week.
Talk about the politics of it.
U.S. Senate and all of the inner workings today on Jay Sekulow lot line from Washington DC Jay Sekulow you make the announcement this week. Can you tell us more about that will be the beginning of the week. What day I will be on Friday or Saturday and we want to pay respect where you look like we will have probably services Friday but I understand and get all the respect we should wait to the services of Justice Ginsburg phone lines are open for your questions right now.
Call 1-800-684-3110 really is the law provided by the God situation and now your host Jordan secular Jay Sekulow like this Jordan secular well since Friday we taught you how things can change in politics on the Supreme Court's and even the focus back on Capitol Hill especially with U.S. Senate so you got cut two spotlights a spotlight on when Pres. Trump will announce the replacement for Justice Ginsburg and he is said that will likely happen Friday or Saturday so the staff said maybe even potentially Wednesday is a service for Justice Ginsburg on Thursday. There's also lying in state on Friday. These are more limited because a coated but I certainly wanted to let some of those activities go by before announcing her justice Ginsburg the late Justice Ginsburg replacement so you got a spotlight on the present. Obviously a lot of attention there. Will talk about some of the names but I think we got some time to really get into that throughout the week that I think the bigger issue to address. Today is the second spotlight on the U.S. Senate because it's going to be a lot of politics around this obviously Mitch McConnell said we will have a vote on present trumps nominate they say what you hypocrite, you wouldn't have a vote on Mayor Carlin. Why, what, it's a pretty simple response back for everybody listening right now. Elections have consequences when there is a Democrat President and a Republican Senate the Republican Senate you really expect an election year to go forward and just put on a lifetime appointment of a Democrat President who is not even up for reelection River Barack Obama's I've been up for reelection. You really expect them to do that elections have consequences. People put them their purposes as a check now fast forward to right now it's a Republican Senate and a Republican President. The voters have chosen that they chosen that makeup again.
If you look back in history. When this happens the Republican President nominates and the Republican Senate confirms now it could be a very close confirmation. But we've heard from a couple sinners who may be against Kelly cloture on this boat.
I don't know if Alexi vote against the nominee, but it looks like it's right on the line and that will be up to Mitch McConnell so you got these two competing spotlights this week. One will be of course on whoever the President chooses and there's names.
There's names like Amy Barrett out of the Seventh Circuit. Barbara would go out of the 11th circuit and more.
I mean there's again I think you could go through the drive Allison Rushing. She is on the Fourth Circuit. You can go through a list of names presents it say it would likely likely be a woman is also Kate Todd who is a White House deputy assistant to the present deputy counsel to the President who served as again that she was the chief counsel of litigation for the US chamber litigation Center so there's there's a whole list of names some art. Most are circuit court judges right now. They were put there by Pres. Trump others who have not served on the judicial branch and an it. We can go through some of the names but I think the politics of this is extremely important because you to be. If you're a conservative you to be all the spirit to be here in constant you hypocrites, you hypocrites know if there is a Democrat President and Chuck Schumer was the leader of the U.S. Senate. You think he wouldn't confirm the nominee really I don't is his first tweet came out about after Russ Justice Ginsburg passed away wasn't about her was about not confirming replacement is all about politics will talk to you 100-684-3110 gives you phone calls, 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 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 our work without your support, we remain committed to protecting your religious and constitutional freedoms that 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, 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've created a free and powerful publication offering a panoramic view of the ACLJ's battle for the unborn is called mission will show you how you are personally publication includes all major ACLJ cases were fighting for the rights of pro-life activist ramifications 40 years later Planned Parenthood's role in the what Obama care means to discover the many ways your membership is empowering the right question mission in life today online/elicited Pres. Trump to say.
Contrast that with Chuck Schumer, Chuck Schumer, whose tweet came out immediately pull that forgot so that he pull out your this tweet immediately. Maybe by that show that first. If you have the tweet.
Okay, so will put you open up his tweet so you can see that her watch a facebooking periscope are rated for radio on it. But just think about what how Donald Trump responded he was leaving a rally you know he's was loud. It was raucous is getting back on his airplane and he heard the news and in all of his aides confirmed he hit the stage before this news about Tim is before the news it broke it about this and wasn't notified like earlier about this so this was present trumps immediate response. No questions asked in a way that no preparation had no prep from his aides. This is how he responded that I didn't know that I just as an amazing woman. I bet that's a President. He didn't talk about replacing it, and talk about politics. He didn't say I disagree with her so much on her political philosophy. Our legal philosophy and how she viewed the Constitution or activist role as a judge he just responded as a human being. Chuck Schumer tweeted this one right after another. Tonight we mourn the passing of a giant American history champion for justice, a trailblazer for women that was in it so you can left that there he's he went on to tweet, she would want us all to fight as hard as we can to preserve her legacy. That means not allow a conservative nominee to fill her seat.
He said that he sits into second tweet again without much more about justice.
Ginsburg, the American people should have a voice in the selection of the next Supreme Court justice. Therefore, this vacancy should not be filled until we have a new President, Nancy Pelosi is also threatening to now choose to set up by this by George Stephanopoulos with the sound for this because Nancy Pelosi. When asked why Georgia fans would you even impeach the President or maybe the attorney Julie Isaacs right now to stop a nomination for moving forward. She didn't say no that's absurd because it's there, you know, we may disagree with the present, but he certainly is a constitutional right to nominate we we would fight hard that the Senate doesn't move forward. Certainly the Senate plays a role there with the advice and consent so again she she could've put that away. But note she said it's one of the quivers that she has you want one again what one of the arrows she has. Take a listen possibility if they try to push through a nominee in a lame-duck session that you and the house can move to impeach Pres. Pres. Trump Atty. Gen. bar as a way of stalling and preventing the Senate from acting on this nomination. Well, we have our options we have arrows clever that I'm not about to discuss right now easily could've said to be absurd here in NC to impeach a President has a constitutional right. You know what article do is to nominate that doesn't get a constitutional right that they could confirm but certainly is a constitutional right to nominate no one's addition impeach Pres. Obama for nominating Mayor Garland. It was just like sinking to go anywhere body because it's a Republican Senate and let me do a little history to go to fan and Andy Conover both in Washington DC there been 29 vacancies on the Supreme Court.
Election-year Presidents have made nominations in all 29 of those that did me mail.confirm but the presence father constitutional role to nominate in all 29 of those that's what they do now. What is the Senate done what when it's the same party as the presence of 19 of the 29 times. I just talk about what is vacancies election-year the party that was the same as the present confirmed 17 justices to the Supreme Court so only two were rejected when the same party was in charge of both the White House and the Senate echoes Republicans and Democrats by the white now on the opposite party of the present 10 of the 29 times have been when the Senate has been to the opposite party of the present. Guess how many of those got through to so 17/19 when it's the same party President, Senate to add a 10 when the President is a different party in the U.S. Senate and fan. I think that just goes to elections having consequences. The American people know if you want this kind of battle of Washington DC you would put in place senators in charge of the opposite party of the President so that you would get these more moves that were more similar to what we saw the Mayor Garland and and in history were only 2/10 of those not made when it was in a situation like Pres. Obama's made it through or you can choose a situation like the 19 of 29 times where 17/19 were confirmed when it was the same part in Jordan there's a very important reason for that is not just precedent is not just the opinions of the politicians who by the way politicians on both sides of this Jordan have flip-flopped. Absolutely they have, but the important reason. The reason it set out this way by our founders is so that the American people have a regular opportunity to weigh in and either affirm the authority of the President or article 2, section 2, or provide a check on that on that Pres. Jordan, the seat doesn't belong to Justice Ginsburg's greatest her life does. It doesn't belong to any President. It doesn't belong to any of those politicians across the street who have flip-flopped on this issue. It belongs to the American people and just quickly Jordan. I'll tell you I work in here so many times about 2016 and Mayor Garland but the American people were given an opportunity in 2014 to go to the polls and decide whether or not they wanted Pres. Obama to have the ability to fill a seat in the final two years. They chose to send a Senate to Washington DC to provide a check on Pres. Obama. What did they decide in 2018.
They decided to send a Senate to Washington DC to affirm Pres. Trump you will absolutely nominate in the Senate is absolutely entitled to proceed or not proceed and why Jordan it's because the seat belongs to the American people and they chose this Senate to be the one to make a decision on that nomination, as if seeing you and your condo Andy we heard from the Senate Judiciary Chairman Lindsay Graham who had a position this about this. Now you're in contrast, he said you know what all my previous positions. Without the window and he went when, what, when I saw what they did to Brett Cavanaugh and now that they're sending a pack the courts. Let me reach you at Lindsay Graham, Teresa being lectured by Democrats about how to handle judicial nominations like in arsonists advising the fire department.
Democrats chose to set in motion rule changes to stack the court at the circuit level and they chose to try to destroy Brett Cavanaugh's life just to keep the Supreme Court seat open.
You reap what you sow that is Andy Sen. Lindsey Graham saying all those rules. Although statements we may they're out the window.
Anyways, after what you guys did when I agree with Lindsay Graham in Thailand is his analogy to putting in arsonists in a position advising the fire department is exactly right when only the Democrats lecturing the United States Senate on how to fill asleep, but through the advise and consent process.
Normally we need the Democrats telling the present United States with his constitutional duty is and I look at this as a duty on the part of the President, not a right, and Stan said we've got a present United States was put in office by the people of the United States to get a Senate that is Republican. You got a vacancy that was created by the death of Justice Ginsburg for all the amazingness of her life. I disagreed with her most of the time, but nonetheless she was a great public servant and acknowledge that the reality is that there is a vacancy and he is the incumbent present United States. He has the right to fill it. He doesn't have to wait till he is reelected if he is, he doesn't have to wait for an inauguration of the new President. If that happens to be the case, there is an vacancy.
He feels that any goes to the United States Senate for its advice and consent. The end were not can I have another smear campaign and attack. I hope like we saw with Brett Cavanaugh and we saw with others because he wasn't the only one that is been smeared by the Democrats. So I agree with the with what you said with regard to Lindsey Graham's a comment on this but this is a seat that is as we have all been saying here belongs to the American people. They have a President. It should be filled. The Senate should advise and consent take some folks to work yet all these dates all these days of Fridays and Saturday Kaylee McKay talk about Wednesday to be tomorrow the present can answer tomorrow. I mean the truth is I don't want anybody get too focused in on what day of the week. This is going to be.
I just want you focused and on to be ready for war. I wish what Andy said fan was not correct, but I believe this is going to be the war of all wars when it comes down to judicial nominations.
First, even within the Republican Party because it a few Republican senators that are not so solid on this and then second, Republicans versus the Democrats what the it does take away attention a lot from his people like Joe Biden on the campaign trail because that's where people's focus is going to be us because the news is not to focus their will.
If you follow follow Joe Biden's position on this nomination should go forward and it should be confirmed and got every word out of his mouth and quite frankly we have rules inside the Judiciary Committee that are named after, and he's flip-flopped more than anybody but Jordan again draw this back to the American people see people like Susan Collins and he's knocking about. Consider this. Let's see what the people of Maine who put her in office to do her job had to say with that. I don't think that story is written yet. Jordan know and I also don't think the story that is a Friday or Saturday is been written yet either, so pay close attention these next you days we write back on Jay Sekulow. I don't think a phone call to answer some questions about this is where I think there's gonna be a lot of questions out there at one 800 684 31 to only one. A society can agree that the most vulnerable. 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 and powerful publication offering a panoramic view of the ACLJ's battle for the unborn is called mission will show you how you are personally publication includes a look at all major ACLJ pro-life cases were fighting for the rights of pro-life activist ramifications 40 years later, their role in the what Obama care means to the prone life in many ways your membership is empowering the right question for copy mission life today online ACLJ/challenges facing Americans is time and are now free to sort 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 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 God where you can learn more about her life changing, member today ACL is asked about meeting on Garland and what should the city do and she said you know it's their job there's nothing concerts at the present stuff being present.
His final year's you get.
You can make the appointment, but it's not like the Senate also stops working, either. So the Senate still works to and if it's acidic, that would likely approve the nominee from their own party's President. They keep working to and if it's a Senate of the different party. They might not even approve that nominee so you know going through the motions is kind of like what why even do that when you allow that messily moved to a cloture vote. You might even print prevent that from moving forward. And remember all those rules that were in place, things like that so I do. I just want to make clear to people. This a lot of people time out that it was an endless have great respect for Justice Ginsburg talked about that my doubt on Sean Hannity's broadcast. The presence talked about think we've heard a lot from that.
She's been on the court for as long as I can remember as a kid I don't think she was there the first time my dad argued her second time. It may be the third and she was there for the last time he argued, and you can respect that she became his cultural icon and in some ways good. I will say in some ways it having all those kids books about our BG help me out with my younger daughter can explain what we do. If they see LJ in the courts and because not a lot out there about a Supreme Court justices so but but on actual policy.
Though she was with us about 60%. The time it came to free speech. She was.
Not good when it came to the religious liberty issues and she was not good.
Of course on abortion and I think it's fair to Sammy. She's her legacy as being very pro-abortion. That's not a nasty thing to say about Justice Ginsburg.
She would wants to be remembered that white option.
There was something that that she did for women's rights.
I think were great. There were other things that I think were there talked about is women's rights, but I get I think you know what about the babies and shouldn't be put into that that category but I want to address this this statement from all these people were very close to her saying she just wants whoever selected who the next present United States to to make that nomination.
Well, I mean I don't.
I'm not sure the Justice Ginsburg if if one either. We have no proof that she made that statement, but to even if she did. We know she was at you at the very final stage of her life if she really thought about it, which he made, of which he made a statement that said is in article 3 and with the separation of powers. I'm going to demand what the present United States and separate branch of government should do or the legislative branch. She still cared about the Constitution to certainly was an originalist. She was a constitutional conservative but should care about the Constitution, separation of powers and making a statement like that just doesn't make any sense. I know a lot of people don't want to be nasty, not trying to be nasty by I actually think saying that was her final comments people through that out there without thinking and saying one the next present could very well be present. Trump, so I this this whole idea. We keep you going.
Maisie Road on others like like it's a given. The next presence could be someone different and present trumpet. It's a given that the U.S. Senate is going to be in our Democrat-controlled we keep seeing that over and over again. Let's just be honest one let me go to Faye and Andy on this 81st. The separation of powers, that statement just doesn't make sense that you know I just I don't think the President should move forward until there's an election and a new presence shows what one is, there might not be a neutral present shows.
It makes me present gets reelected, and second, separation of powers. She wouldn't want those Presidents and members of Congress telling her how to make her decisions on the court. Same goes for the other way that's exactly right. She she would not have wanted interference from the legislative branch in making decisions that you made in the judicial branch and then the doc said the reverse pains as well, but I think the important thing is this. The President does not stop being present in the United States on oxen September 20 or 21. He is President until his successor is confirmed is in the inauguration takes place when we say well after the first year you shouldn't make any more nominations.
It's too close to an election.
Maybe after the second year, you should stop because it's too close to an election. Two more years ago.
How ridiculous is that the Constitution prescribed you know prescribed Jordan that when there's a vacancy, the President has the obligation to fill it in the Senate has the right to advise and consent at any time. There happens to be one now. It happens to be close to an election my responses. So what if I would take Jerry's call for what I like to think this is a great point as well. Remember, right now the Supreme Court has for just as eight justices 44 split fact big Obama care case that the left is worried about if it remains a 44 split.
Guess what happens. The lower court ruling stands and what is the lower court ruling stand Obama care is unconstitutional so that there's a lot of consequences when you have it is for court for four split, but even more so in election that could be very highly litigated Jerry, you're on from line to from Rhode Island. Welcome to Jay Sekulow life. Hello I know you already mentioned the dangling Chad Florida which between mail-in ballots and that kind of situation could be looming in November. Don't we already have a looming England President asked DOJ bar about defunding three anarchist cities of federal funds which could easily get to a Supreme Court offal or split, so don't we already have a legitimate Presidential issue that you need to address this always talks with the affordable care act is talked about that when I do Portland you again there could be a lot of issues involving the election that need to be litigated the enemy. That's what the Democrats are kinda hoping for is that there's gotta be a lot of issues litigated. They think the other. That's the best chances that the election will be decided on election night. It'll have to be litigated in the keep telling everybody you know you not have a President on on on you won't know who's gonna be the next President inaugurated that Tuesday on election day on November 3 and having a split like that of the Supreme Court is extremely dangerous to me. It just it's it's puts a lot of things into it because you eat with ties and things like that you're letting lower courts decide the presidency of the United States potentially is a big reason and there's an odd number justices on the court torn it so that you don't have a 44 split in those kind of circumstances and look there's always cases but pending before the court that are of significant significance, but as you lead up to the election of course there are disproportionate number of potential cases that we might not know about yet. That would ultimately come in.
I just wanted to follow up on Annie's comment for just a minute here because like our founding fathers could've easily done what he suggested and put a deadline on when the President wouldn't have this expiring authority. They chose not to do that they did choose to put a check on the President in April chose to put a check on the President that belong to the American people at the ballot box. Now the American people are about to go to the ballot box again but they Artie went for this term Jordan and they had the opportunity to send a Senate to affirm or provide a check to the President. They chose to affirm the present as we lead up to a new election they're going to again have another opportunity. But in the meantime Jordan that ninth seat on the Supreme Court. The American people have Artie spoken in the Senate has every right to proceed with a petition email@example.com which is cyber second half hour coming up, and Sen. Cruz actually is a book coming out about how this one vote can change election. He was part of the President Bush's legal team and he talked about the dangers of this for for issuing lights that much more important to get a justice confirmed, not because you don't have a good come down on an issue of like oral law. Okay about about different your voting and how votes are counted, but because you want to have that odd number very important. You don't have circuit courts determining the outcome of this election. If it if it is in court at all could have influence on that. It should be.
The United States Supreme Court and justices who have gone through the process and been confirmed by the US Senate to be Supreme Court justices play that we get back. The bus got a brand-new petition about getting this nominee confirmed that ACLJ.org cited today for decades. ACLJ is been 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, where you can learn more about our life-changing work, member today ACLJ live from Washington DC Jay Sekulow and secular is reset. This, of course, it was Supreme Court vacancy, the passing Justice Ruth Peter Ginsberg on Friday evening that was announced, even while present troubles on stage. He didn't know about how he was speaking in. I think he gave you off the cuff remarks that were the most honest truth: in human of any of these politicians who so many on the left went right to the politics of this anyone every go through that again. We got like, you know Congressman Kennedy at Ada Masters who lost his primary challenge to get on the U.S. Senate say that if Pres. Trump moves if the Senate confirms were to pack the court and I tweeted back please clear if if if Trump holds about 2020. We packed the court in 2021. It's that simple.
If McConnell does, but that's assuming that Mitch McConnell is up 15 points in his recent and in Kentucky and by the way, assuming that the Senate is going to flip as well as I guess the White House because what are you saying Congressman Kennedy, who will have no role in this whatsoever because you lost your primary challenge. What are you saying that you had to give Donald Trump three or four more.
Either way they're not using the words very carefully. They had a lot of lawyers looking at it. Beware members of Congress be aware we are attorneys. Words matter were looking carefully at how you're writing your words.
The threats that you're making because those threats will come back to haunt you. I guarantee it will come back to haunt you because if you could do that.
Why would Republican say well there you plan on doing that one day with a Dugan power if the Republicans still are in power after election day Senate and the bucket in January and present Trump is reelected maybe had three or four main that was their plan was take their plan and use it. That's what they wanted to do to you to us to the American voter who put in this Republican Senate and Republican Pres. meet a gramophone call unless go to Paul in Idaho on line 1 Paul welcome Jay Sekulow live. You're on the air. Hello on the point that you just laid there chest and said that when they get in pallet. They'll pack the court: FDR and Hitler and course that failed. So my question is, you alluded to this, but I'm not sure I quite understand my question is how it number of justices on the Supreme Court determined and can they can 80 President in fact nominate more than number to be about nine so right now it number is nine it's changed over time.
The Constitution says that Congress should determine the makeup of the Supreme Court and the inferior court.
So that's the circuit courts and district courts in other federal courts that exist because week. You know we can't leave the article 3 courts. If you are the article to course set up by that that article 3 courses set up by the legislative branch, and those that was a get confirmation on their other their other courts there there actually article 1 court set up by Congress on specific issues like taxes and things like that a bit thin.
The truth is it's it's up to Congress now presents can veto it. They can stop it hasn't been successful in the past, but nothing in the Constitution prevents them from changing how many justices are on the court. They just have to have the votes, and a President willing and I guess the probably vetoproof majority change it yet it's in our it's a power that share between article 1 and article 2 branches originally Jordan. It was the Judiciary act of 1789, it's that the number of justices at six and as you mentioned, it's changed a number of times over the years it hasn't changed since 1869, the only editorial point I would make back to their Jordan is an instability on the Supreme Court, in this day and age is extremely important because I think if it turns into just a complete political football with the number of seats going up and down depending on what party is in power, which by the way, Jordan. If they try that now, you're exactly correct. That is exactly what would happen we change depending on Republicans or Democrats. If that happens.
Jordan you functionally do not have 1/3 branch folks we are to take your phone calls get any kind of that we got for embedded on enjoying it so well 1-800-684-3110. This picture come soon as tomorrow. It outcome may become later today. Nothing is off the table present said it will be by Friday or Saturday and said it deftly will be. Until then, and Kaylee Mackie said maybe Wednesday maybe before Wednesday so were ready, we can go through some of the just the potential pics as well. We get back Jay Sekulow life challenges facing Americans or substantial time in our value our freedom and our constitutional rights are under attack more important than ever to stay with the American Center for Law and Justice for decades now okay on the frontlines 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 that 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 for your thoughts. Well, this is the perfect time to stand with us ACLJ God where you can learn more about her life changing become a member today ACLJ only one. A society can agree that the most vulnerable in voice 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 is called life will show you how you are personally publication includes a look at all major ACLJ cases were fighting for the rights of pro-life activists ramifications. 40 years later Planned Parenthood's role in the Obama care means many ways. Your membership is empowering the right question. A free copy of mission life today online ACLJ/take phone calls 164, 31, two, because I do believe that obviously could be Friday or Saturday until the nomination is announced by present Trump. I do want to go through this quickly. Some of the top dictators. Maybe we you know, maybe two. Morgan added by tomorrow the radio or printed terms are denounced by time on the radio tomorrow does. The truth is all that is in flux as we speak. Don't put too much weight into Kaylee Mackie saves before by buyer before Wednesday or the present say maybe Friday, Saturday, there are some days there there.
Look at because it was step on you know Justice Ginsburg desk is right believe be buried today under the Jewish law because it was Russia shut it was and is quick to finish in at the Russia Holly should probably today there's memorial ceremonies. Other could be some additional horses. The official government winds like line say the Supreme Court in Lyon, state and The capital and so you want to be careful about that, I think. But you know so that's why these dates are in flux. Be ready.
Here's who I think you should be ready for first judge, Amy, Cody, Barry, I think it's just it's fair to say she's a top contender for this position and and and has been since talk about the next vacancy if it would be filled by present Trump if there was another vacancy on the court.
She's on the Seventh Circuit right now. She was the one who was attacked by Diane Feinstein as saying she was too religious said the dogma lives loudly within you, and that's a concern to me. She was a law clerk to Justice Scalia. She believes has stated that life begins at conception executives is one of those questions very clearly and she's a Catholic 48 years old professor was a professor of law at Notre Dame until she was appointed by present Trump to serve and she was confirmed through the Seventh Circuit, US Court of Appeals in 2017. This judge Allison Jones rushing. She sits on the Fourth Circuit.
She was nominated that position by present Trump clerk for Justice Thomas and again you know actually was a law student intern in ADF, so a very conservative organization.
As you get when we know well of course that the team over ADF lot of work for us before of joint ADF and vice versa.
So they go they now judge Barbara Lugo what she is from Florida and Miami. She's a Cuba background. She sits on the 11th circuit Court of Appeals. She was nominated by present Trump just a year ago to be on the 11th circuit, but she still is on the list. Kate Todd, who is not a judge as she is currently the deputy assistant to the present deputy counsel to the present, a senior vice President and former senior vice President chief counsel of the US chamber litigation Center.
She was a law clerk, Clarence Thomas and judge looting on the Court of Appeals for the Fourth Circuit as she went to Cornell and Harvard and Judge Joan Larson is another one that is making the list and again that listed line.
This 40+ names the present can choose from but he did say it's likely would be a woman.
She can narrow it down from there. I judge Larson sits on the Sixth Circuit. The present Trump dominated her a 27 teen add – she was a Deputy Assistant Attorney General in the part of justice, legal counsel again.
I think the President knows whoever he picks could be highly scrutinized by conservatives and it is this is during a political time. Like it or not there is a Presidential election November 3. I mean so it needs to be highly scrutinized at these can want to pick somebody that if you can go through this war.
That's what will be prepare for war.
Prepare for battle full-scale war leading up to the election which is in strict Sardi by war in a war within a war and I think is good, one per want someone who is battle ready but to who's been highly you note, vetted by conservative groups and so they are ready to get fully behind the nominee were think it is pick some of the nose really knows a thing about ads so they don't get really behind the nominee that I probably think that maybe the Senate doesn't isn't able to get together next to get this done. So he's got to pick some of that motivates conservatives they put the resources like reflect ACLJ behind these noninvasive thing I think before I play what Sigurd crew said about this for four split which a lot of people talk about.
I think that that you know with all the all all of the talk about how you political this is that the presence you choice your obvious it's up to him, but he he also knows he's up for reelection right away. It's got to be someone that that gets conservatives excited yeah absolutely in the political component is a good thing Jordan goes back to what we've been talking about this entire broadcaster gives the American people a voice in this process and about the President nominating and all of the Senators, especially those up for reelection Jordan are going to be sensitive to what the voters like you walk down that list of five women who are on the President's larger list, of course, he could nominate anyone from but I think it is very likely to be one of those five during the four judges that sit on that list of those five.
All of them have been where very recently confirmed by the United States Senate.
Some of them in very recent times where was just as hostile and you mentioned Judge Barrett.
Hers was a little bit longer ago but hers is probably the most contentious so I would say among the list. She's probably the most battle tested of the list. The look I think anyone on that list is a pretty known commodity in Washington DC there'll be a political test for all of them, Kate, Todd, you know, having symptom ties to the present that might play positively for some senators negatively for others to look toward again.
I just want to draw back to this.
Sometimes we say it's all about politics and that's a bad thing. In this case, there being a political component to it, especially when it's divided between the chambers that's a positive thing Jordan because it gives the voters more opportunity to have their voice heard, both with the President.
They elected and their Senators, many of whom are up for reelection right now to play this from Sen. Ted Cruz, a it's very important. Listen carefully to any condos for his thoughts on this.
Listen carefully to Sen. cruises not you just just warning about this and why it's so important to get someone to firm now this is a topic it yelped 20 years ago I was part of the legal team that litigated Bush versus Gore for George W. Bush as a young lawyer than fact I just wrote a book that's coming out a couple weeks called one vote away how a single Supreme Court seat can change history and one of the chapters there talks about Bush versus Gore. It talks about the epic battle were Al Gore challenge the election results in for 36 days the country was held in chaos. Well, if Joe Biden does that again this year and we have an eight a court. An equally divided court for four can't decide anything that could make this Presidential election drag on weeks and months and well in the next year. That is an intolerable situation for the country. We need a full court on election day.
Given the very high likelihood of working to see litigation that goes to the court when you Supreme Court think they can find a definitive answer for the country and are your thoughts on what Ted Cruz had to say, he's absolutely right. This is going to be a contentious election were going to have all these mail-in ballots allegedly due to the Cove and coronavirus epidemic that is in B questions Pennsylvania Supreme Court has recently said that he can account the balance even if it's arrives three days after election day.
If it was postmarked on election day.
What is that mean will allow you to prove that by preponderance of the evidence of you that you have challenges in multiple jurisdictions, and ultimately I my prediction is this year especially, just like in the Bush record situation. It's going to end up in the Supreme Court where you need a full complement of nine justices to make the decision not a divided court and who is my authority for that proposition.
Jordan Joe Biden if you read his lecture that he gave to Georgetown University in the op-ed that he wrote in the New York Times. He says we've got to have a full complement for four is not good for the nation.
You've got to have a complete court, they can decide these things on a complete basis and the President has a duty to appoint in the President and the Senate has a duty to advise and consent now of course he's changing his position.
Of course he would, but I mean that to my authority for the President's action is right now Joe Biden who said that we need a full complement on the court and Ted Cruz says what that could mean if we didn't have and that could mean anarchy and chaos for an exceptionally long period of time.
Having the Associated Press says is a enough court vacancy could Royal possible election cases. Let me take John's call quickly in Texas and we got another segment coming up to get your phone calls and 1-800-684-3110 at 2000 684-3110 whatever questions you have about process ID have been right now because we might have a nominee tomorrow or Wednesday and in the wars on your questions or comments. And now is there a nominee you like most one 800 684 potential nominee like most 164 3110 John you're on the air like what is why is everybody automatically assuming that the court is going to be focal important on the four-port basis. While I don't think it's assuming that in every case but you have to assume that there could be monumental cases where there is a 44 split so Johnny, when there's only a justices won't always be for four but you're setting yourself up for because he had an even number 44 and what that means. Under the rules of the court, federal rules of procedure is at the lower court ruling stands you be leading if there was a major one of let's say that there's lots of election law click cases, the court and three, it was fine. There were five to but one was for four. That means the Circuit Court lower court judges go back to them in their decision could be deciding the outcome of the Presidential election. Eventually you don't want that the Supreme Court has to weigh in on election matters.
I hope it doesn't needs to be file you need to have nine justices you need to have at least a five vote majority shouldn't be letting Circuit Court decide that's the problem that risk into place. Not assuming it is there the risk is there. Be right back. Only when 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 and powerful publication offering a panoramic view of the ACLJ's battle for the unborn Gold mission like it will show you how you personally.
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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, member today ACLJ Jay Sekulow live we have to talk about this unique situation is what we get alike will show you what would be like to get for supreme Orton's election issues come before the court on on on ballots and it might not be as clear-cut is just what happened out of Bush versus Gore, where is really rigidity in one state what was happening all across the country and I wanted Andy, this was any. In that case because it had gone through to the state Supreme Court. There was ability for the Bush campaign or I noticed was keeping the Gore camp at that point, I think it was the Gore campaign had lost so they appealed directly to the Supreme Court. You can go from the state Supreme Court, in this case.
In this if this matter were to happen, you'd be having a situation where the right court to go to would if it was a for you. I had a justices would still be the Supreme Court but would you potentially go to Circuit Court instead because you think the Supreme Court could be divided well I think you might have a question of choice of forum at that point yet, but I think it would probably go from the highest court of a state if it is that way to the Supreme Court of the United States which would have jurisdiction to hear a decision right from the highest court of the state. So rather than go to a Circuit Court.
I think it would go to the highest court of the state, but again I you know the just confirms my position consistent with our vice President. Former VP Biden the American people deserve a fully stem quoting him fully staffed Supreme Court of nine not one disabled and divided yet take you and Joe Biden. We agree with you existed in an egregious position. Take a listen everybody because here it is on Jay Sekulow live our agreement with Democrat Presidential candidate Joe Biden, the American people deserve a fully staffed Supreme Court of not one disabled undivided one disabled rule on the great issues of the day.
Race discrimination. Separation of church and state whether there is a right to an abortion is so safe and legal abortion police searches. These are all actual cases before the Supreme Court of the United States before the courts make that statement could literally be this year and have been you think about it with the talk about the police issue said the Roe versus Wade. And in all of the fairness and equality in this and that mean it was it was back and I think all existing was back in 2060 or 2020 16 at Georgetown during the Garland Mayor Carl situation anything like the outcome there, but that shouldn't change how he views the role of the Senate.
I mean it. You know the inlets he wants and less he's going to agree with Mitch McConnell I would take that and he agrees that he could switch is the safe that I grew the trichotomy of its different parties. Maybe I was wrong. Maybe I was wrong then that now I see that like you know if it's Republicans in charge and there's a Republican President you know I'm wrong.
Maybe they should issue the always be confirmed to only be confirmed once a Democrat President. He's got a clear himself up there.
Can't have it both ways. Either my likes to have it both ways.
Many times so you know he wants to have it one way today and then the next day when the political climate changes or something happens. He wants to change his mind that this is etched in stone also said the same thing to the New York Times, we need a full complement of nine look.
He was chairman of the Senate Judiciary Committee, knows he knows the Senate procedure. He knows the rules.
If the shoe was on the other foot and there was a Democratic President and a Democratic-controlled Senate, I guarantee you that be nominating someone to fill Justice Ginsburg's vacancy on the court. Absolutely I will go back to this day in the 60s or 2016 blog we wrote at the ACLJ just confirms our position hasn't changed at all this, the numbers may have changed the makeup of the U.S. Senate may have changed but our position hasn't. We wrote this at the time. ACLJ.org. Back in 2016, while the Constitution assigned to the President. The role of naming a nominee to the High Court invest in the Senate a coequal role in this vital process. No nominee may be confirmed without the Senate's advice and consent. It is the Senate that has the constitutional right to act or take no action at all on a presence nominee and that's what everybody is in agreement. I think on that thing and in and in. That's the key point is it. It's up to the say that they can act or take no action at all Jordan. If that were not the case. The Senate would not have a real role if the Senate's role under the Constitution is to mean anything. They have to have the freedom to go in either direction they have to go to have to have the freedom to affirm if they want they have to have the freedom to reject if they want is a power that resides in the Senate once the President has nominated and look again. I know I sound like a broken record Jordan, but I really do think this is extremely important. There's a bit very important reason for this is because the Senate does not belong to the politicians on say that again. The Senate does not belong to the politicians it on what belongs to the American people and the voters who put that Senate there.
In the case of 2014 and in the court case of 2018. One of the issues that was at stake in the election is whether or not the American voters wanted to affirm or provide a check on the President. In both instances the American people spoke out.
They took control of the Senate and again the Senate under the Constitution can make either decision Jordan.
They can take the nomination up and they can connect they can confirm it or they can decide to reject it and asked for another nominee right folks, we're going to again executing her from thousand 164 31 telling you is because in it I cancel me to cut the Roger Minnesota line 3 forgot a couple minutes left in this broadcast today. Rick reviewed and stay on this, of course, every day this week, probably including when there's a nominee and as Roger, welcome to Jay Sekulow live your on the air.
Thank you for taking the call.
I thought it came across something that were close. He said that she is going to try to impeach trunk or call for impeachment again to on and I was wondering what the panel think is this going to be a hindrance to the procedure will impeach, collect, and how can see out there so like Jim George Steph absent how to play the hole by George Stephanopoulos was on ABC on Sunday and said you would you impeach the President even or baby turtle barges to slow this down and she said I'm not going to put away any of my possible arrows that we have in our quiver.
So instead of saying the right thing which is no you don't impeach for because you like the constitutional rights to the President has to nominate in the Senate has to confirm or not confirm take action on take action, you impeach because of that she left it open so that's why you're here that Roger she didn't say no to that question, let me take the final question they daughter Virginia online to eat we don't know where we drink or use a suit like is that potential. It's a potential I think there would be a lot of pressure on that for forgot the Supreme Court of 86844 the Supreme Court of eight could potentially be for four to be a lot of pressure to figure out how to get to you know like the 5353 because they would know the consequence of the 44 split would just leave the country hanging that's why and I don't want any justice to be in that position reflected do some they were against just because it will leave the country in a way except full-court. We know this one could be litigated heavily so I did. Let's get it full-court sign our firstname.lastname@example.org President will nominate Mitch McConnell Senate leader said will get info on this nominee supported it. ACLJ.org? For decades. ACLJ is been 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