6-27 Bauerle and Bellavia talk with Professor Bob Klump

Wednesday, June 27th

Transcript - Not for consumer use. Robot overlords only. Will not be accurate.

Let's go to Bob Bennett in buffalo WB EM hello Bob. This is about. I think that's that's like hitting it solid so that does something follow. Quite avidly and I just wanted to correct one thing that that it's. About it there it you've only very recently within the last. Nine months appointed as the seventh circuit and the opposition there aren't religious ground doesn't stem from any decisions she issued an abortion or anything else. But from the fact that she'd thought for a long time and Notre Dame logical. That this occasion and I think it was. Senator feinstein's remarks that that dogma lives deeply and you. And that was during and your your crowd I misspoke that was during her confirmation hearing it's only happened listen to a two months ago. But the big accusation though was that she was too Catholic in your saints because of retirement Notre Dame. There's time no payment because there are writing. And but there's a lot of subtext of that as yeah yeah that's that's what I was gonna get to what is it doctor Bob. Up for professor Bob don't you think that implicit in that was a subtext or regarding her faith and her judicial decisions. That it that it was about more than just Notre Dame I mean that's a plausibly been liable statement you could say well it's because of Notre Dame but it could be deeper. Well sure I think then the suspicion is on the left. That's someone who teaches a traditional Catholic logical. Marsh Harbour regardless of whether she's addressed this thing where I aimed she must however opposition to abortion etc. etc. Which which by the way shows a complete ignorance of what Notre Dame has turned into and that's. Link does but getting to the the likely nominee I would agree that Brent Cavanaugh. Isn't it's certainly good possibility particularly because the clerk for. Justice Kennedy as you mentioned but then I would think yes there's there's a lot of that thinking along these lines that if you look at some lists. It's more likely that he would try to go with a female nominee. It's actually because the three women on the court right now are Liberal Democrats convert Kagan and Sotomayor are. And then there you got to I host young. A women live an established from a concerted standpoint track record on the court Allison died from the tenth circuit it's 53 gallon Larson. On the sick. Larsen a Larsen is getting a tremendous amount of of traction right now and I'm Twitter. And the other thing that you alluded to earlier with respect to Kavanagh this three of these individuals I larceny and Barrett. Clipped on the Supreme Court. Do it professor Bob we wanna hear more what you have to say they would actually like to get some information from you off years weakened and and give your proper props and they get a little bit more background on you. 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Has there ever in your recollection been a period where one president has had a chance to influence the judicial future of the United States through its Supreme Court. Well if we go back and crank a world that hasn't done. In quite that the period we're talking about here laurel talking about two seats in two years. But between in his. In his third term and what was left of his fourth term in office. Roosevelt essentially got the name eight out of nine members of the Supreme Court I'll completely which completely transformed. The court's jurisprudence. Did you also wanna add justices to the Supreme Court. Yes he did in 1937 filing his triumphant reelection. He proposed the so called Kart packing plant there would have enabled him to add one additional Supreme Court justice. Two a total of fifteen justice system. For every guest this to reach the age of seventy but he didn't retire the ostensible claim was well. They're getting all the court's docket is growing needy mark justices about. Everybody saw through that including Roosevelt song Democratic Party and it went nowhere. Here's a different Democratic Party Barrett then. Opt professor can you describe. And define forest the role of an associate justice of the Supreme Court what does our constitution say about the role of a justice. Well I really doesn't take anything about the role of the justice the constitution. Kids. Article three of the constitution talks about. That cases over which the justices of the Supreme Court will have jurisdiction. It also gives the president the power to nominate. I'm members of the Supreme Court acquitted doesn't have to be nine justices historically we've added many years and has two US silent on the court it's been nine now for a long long time. But in terms of how the a new associate justice operates it's based upon the parts don't institutional norms. And and these statutes the United States which established. The jurisdiction of the Supreme Court an issue now it's exclusively today with live a couple of exceptions of course of appellate jurisdiction. And idiot basically control over the cases that takes through this searcher per. Professor is there any. Indication or any algorithm which properly predicts whether a nominee or appointee to the Supreme Court and I'm thinking of Souter. Is going to behave after appointment to the Supreme Court in the same political way in which the justice. Comported him or herself prior to elevation to the Supreme Court. There's nothing that that have felt safe indication that focusing on this for a moment. The problem from a conservative sampling the sooner was that in the list. This is now at that time he would ban any New Hampshire attorney Jerrold any band that Hampshire supreme court for a couple of years. The problem is that the docket. That this agency decided and the New Hampshire Supreme Court. Had to do that mundane statewide issues he really and I had occasion to express his opinion on any constitutional issues which is why. If you're gonna be looking for a sitting judge which which all of the current members of the string core war. Object and the market look today toward those who have had. Federal bench experience where. Constitutional issues and to be presented in a Marat front. Then why there and states Supreme Court although. They can write and State Supreme Court in fact two of the three women whose name is potential nominees whose names we discussed earlier. I have Serbs prior to their elevation to Ferrell Circuit Court. I served on the Colorado Supreme Court. And and Larsson served on the Michigan Supreme Court. So what you are looking for somebody who has a track record hopefully. Having deciding constitutional issues. But also there's another clue as you know on the case of these three individuals and as well as cabin on capitol age. The fact that they clerk for a Supreme Court justices. Who's. You know whose footsteps I think you guys look like them to follow in the healed without. They clerked for Scalia. In two instances. For Clarence Thomas in the case of get guys. And for a camel non Catholic I believe both clerk. I've clerked for Kennedy. So that often give you an indication of you know where. How how they're going to vote on the court. But there's nothing that is going to guarantee that it just this doesn't. This is true Kennedy Kennedy was perceived and is nominated somebody would be solidly conservative. But I over the years he drifted left on a number of issues. Other tends to be. You know in the in the DC job and the DC at media. Environmental injustices growl sort of speak the problem historically has been and they tend to grow to the laughs. During time on the court. Yeah I kind of just. What pressure is it as a justice like Kennedy under I mean we heard about when arguments are made. Everyone was talking to Kennedy because he was that the swing vote and over a thirty year career forty years on the bench thirty in the Supreme Court. That's not PO a fun job to have the year you're always a lightning rod for someone's speculation. Yeah but that can be by all accounts you'll enjoy being the person in the middle of counter enjoy it because. You're the one to whom the breeze and the there are going to be tailored because. The attorneys arguing in front of the court and I closed case. Now that they need to get to cheer about so frankly from everything I've read. Kennedy was. He loved being in that position the police sent a decade ago justice O'Connor retired from the court so I don't think it's any kind of Burton. And you know with respect to. And matters. That influence the justices. They're they're pretty much insulated from popular pressure but getting back to what I was saying about how they tend to. Move for the last during their time on the court I think what does that influence them in their human being. And then you know historically they've daylight. Ambulatory editorial in the Washington Post and the New York Times. In other words the beltway that only media and the East Coast. Everybody's. Everybody likes to have their egos stroked. Professor you have an excellent handle on as the pressures these people face a what are you might take a moment to reflect upon what Ruth Bader Ginsburg must be experiencing right now because. You know the last thing president trumps opponents want is yet another appointee to the Supreme Court. Well I think and there has made it clear. She's I don't wanna. Be too great about this but just say that intensity carried out of court seats first would be it would not be an exaggeration. I'm you know he's made a number of comments which frankly strikes a lot of observers of the Koran and athletics the justices. As an improper you know during the campaign she made it clear I that you didn't want come to win. And I think of all the liberal members of the court she is the most hostile. The Donald Trump and fears. Just like her predecessor justice black. You know I mean is in is that famous. Final opinion and an abortion case he says you know. I'm 83 years old I can't remain on the court forever cold wind is blow Colleen with respect a women's rights when I leave the court. I'm paraphrasing their only slightly I think that Ginsburg attitude. She is determined as long as their alcohol stop and she's had a remarkably strong constitution. Overcoming cancer surgery and other. That she will be there. But the the pressure made it to the pressure on her from her fellow travelers on the left there's got to be enormous just to stay alive and hang in there. I think he'll but I don't think I don't think he feels good because that's her own inclination. Staying in. Not a heavy responsibility to carry myth that's the point and try to make she's carrying now a lot more responsibility than she was before this was official what bushel special about the DC appellate circuit. That so many justices come from there we talked about Cavanaugh. They were it is you know the second most important federal court beyond thing about the DC circuit is that. Yeah it has under barrel statutory lie it as a heavily. Regulatory. Based jurisdiction it hears appeals. From federal regulatory agencies like piano IBM and the SEC and the like actually that justices there. The judges there don't really have occasion to decide as many cutting edge. Constitutional issues as judges and other federal circuit that by Robert Bork. After he was rejected to the Supreme Court thirty years ago he resigned from the DC circuit because these and there. The work was a lot of journalists frankly boring. But but it is indeed he and those batteries and history. You know judicial stars in both parties. Being appointed to the DC circuit as kind of a waiting room for a Supreme Court appoint. Right don't professor Bob clump thank you very much for joining us love to have you back on that was excellent thank you. Ever go call you later on. Thank you professor Bob cloud from a commissioners and news radio 930 WB yen. Excellent point of view great call I'd love to have that that professor back on the well David your wish is my command and we have we're back with us professor Bob clump from teachers college I. He's had a chance now to. Digest everything that is being sent him everything that is being written or at least as much as one man can possibly digest since we last spoke I take back all the superlatives and put out. That's a professor of what did you get a chance to. To just relax a little bit kick back a little bit. If you had to it named the top three candidates would what Ted Cruz fear they were in the top three. Well the problem and tankers woods yet but for the fact that the and it is departure his nomination would then create a problem wit you know the numbers on the planet as it is the Republicans have only very tenuous control. And if he were to be nominated. And the very least I would think that he would probably have to abstained from voting on his nomination. In which case said you know he's not necessarily the most popular individual. List with Democrats in the senate. In addition to which I think the pit crews has in the past indicated that you know he prefers to climb the political ladder. Now having said that there is nobody I think who would be better suited. From the standpoint of experience he clerk for the Supreme Court. He has argued. I think multiple cases before the Supreme Court he's a superb appellate attorney. One of the sure you know I think it was Alan Dershowitz does this pragmatists. Perhaps the brightest is neither perhaps at Harvard obstacle so he's. I'll try to end the tiny thing it's. And one time for a sitting senator to be nominated to the Supreme Court. See these pro apprised as if Campbell back and I'm 1945 and Harry can nominated Carol bird at the Republican senator from our I'll. Obviously tremendously excited to make you know I'm I'm an artist and gesture and that must confront armed without any hearing without any opposition within one day. To this Supreme Court. Even though black back in 1937. Has just sitting senator from Alabama might even though he wasn't popular guy and there were arranged or urged. It is due to association political collect why and in a manner right thanks for five days he failed to that can process in the senate. I sort of like 63 to sixteenth. But those days are gone I mean today. The fact that Cruz is the defending senator I'm isn't gonna get any point from dynamic at. Who frank whatever reason to fear him because they know just how how bright he is any job. I'm so why I think true it would be certainly a while powerful idea addition the court. But at this and it's true as a way of medically cruises counterpart in Utah law and take the simplest ministries. I'll leave it be great and the Supreme Court from a conservative standpoint. I'm but I think the same face the same problem there was apparently is disease you would with Chris. We're talking with professor Bob Clarke from but tenacious also elect share of the buffalo lawyers chapter of the Federalist society and into the united thirty WB yeah and his aunt and the Kennedy's retired from beat. Supreme Court president for up as a a choice that he'll be announcing hopefully before too long. Professor if you were interviewing other candidates. Four reduce position let's just pretend that you were asked to do so a president trump. That's the obvious question of Eddie is there anything that would national up in the record but that could slightly embarrassed us. Search deep into your soul and Telus now. What questions would you be asked into a big potential nominee. Well of course you can physical action does about specific since you can ask them something like. Would you be willing to rule over this way our child over suspected. But I think what you are looking to do is ask some questions that are going to indicate he's what they've beaten to the roll out with court. And particularly today. A lot of faith. From the standpoint company compass and a day. Why the day and dark and the original conception and how the constitution where it should be interpreted. That of course was really spearheaded by just fiscal yeah. And that's Alabama Supreme Court today especially. I guess this time so that's what I'd be looking into the term and because the danger from conservatives and the point is that you get individuals who. I have to do or come to the view that the constitution is a quote unquote living document. Which which gives the justices leave too. Apart from. The original movies of the actual text of the constitution. And these things like create sites that don't exist or are and the case to the Second Amendment. You know to get angry writes that the that are explicitly. Spelled out. Talking with professor Bob slump from Kenny Houston news radio 930 WB EE and Y. Is it prohibited that a president or his assistants would ask would be Supreme Court justice about. Any future decisions that might be in the offing why why is off limits. I think that the actual there's nothing. That would legally prohibit the president or visit I just from doing that. It's understood that the media com. The mutual respect that the two branches have for each other even the president has nominated somebody this spring court. The understand it is that eight justice and the justice that it generates. And they have won their ass by the Senate Judiciary Committee sometimes bad explicitly. You know what you hear Iran over its way to block to block I'm they're not supposed to give an answer. I'm too iPod Touch dope and being. Kate that I come before the court that's considered bad form to. Ethically suspect that and not something that. That historically does not pay contracted dance around on the other question I am by posing the questions I indicated what you judicial philosophy. I am deeply do you approve of the original approach to interpreting cap situation. You can get pretty close to getting the answers did you presumably want in there is like the Second Amendment door affirmative action or. Or are the issue might be. I think it it's to consider that it's understood. They have a president or his advisors are not going to have to. Pop up until member of the court. What how do you think the court should rule on net in part because it's their personal credit answer the question. And then where to go before that and it can be asked whether they indicated an opinion. This issue. Particularly they would have to admit that they had and then they would be viewed as having prejudged. The issue of the case and not sit. Professionally if if you'd be surprised to hold on we're talking with professor Bob club from my condition is set take calls as well at 8030930. Start and I thirteen and 1806 point six WB BN news Anthony Kennedy retires from the Supreme Court on the line with professor Bob club where expectations. Professed her lot of people wanna talk to you up to that. He I did find an historic first should be that's also evident that. In terms of at least at Asia's sort of Federalist society and speaking right now only on behalf of my self and not reporting directories that. Absolutely props just what they're like a true attorney professor Bob clump is speaking on behalf of himself professor Bob blow up yet and not on commissions or any group he's affiliated with. And maybe that's why would you agree with some normally. If they're not actually a dot Christian point of view because there there's again. We look at this problem you know we talk about these things all the all the time but having some problems dedicate their life. To the subject matter expertise it's interesting to hear all these names people are writing about and you seem to know there were looked at their track record that's the great source. And let's go to Jerry in a tunnel under with professor Bob club cherry Europe hello. Again the or. Educational background is pretty sharp quarter regardless it's our match I myself think I myself I can assist. And I went DUBB law school and I also got to correct it immediately in political science. And I practiced a pop up I would leave that and certainly the United States cooperatives now I'm correctly that the college. It and in which area did did you specialize in lost school and as a practicing attorney. It's actually if I don't like about welfare tonight. I what was in the area and did some estate litigation. I'm not turn out that they haven't actually La I was he's been actually for many here. There has sequence that unlocked courses that Kenny has done an adjunct basis. Forty years it's been essentially a fulltime this. I don't know effect if you care to competent on this but you know put in so many of our institutions. In America there seems to meet or beat. A a left wing biased in a biased against the conservatives to of people on the so called right. It in your estimation is that the case within the legal community is it difficult for conservative for a non conformist to the left in the legal community. I don't think that's actually difficult in in in a place like buffalo. I think it could be more difficult in a place like here the Washington DC. In conference that I have I'm I have I attorney can contact. That's thumper that Washington DC. And you know consistent with DC haven't voted 96%. Are for Hillary Clinton. I was told Reuters that at one term all came up of course but. That there may be the indicated globally that maybe 3035%. Of the attorneys that the firm voted for prop. It's very very few of those individuals with bella into it meant you giving given the atmosphere you know on a played up to deflect the seat. Well full disclosure my daughter's going into were thirty you're UB law and they have been absolutely wonderful actor heard despite having my last name. While that it has to speak as I can tell you hating on you beat. And I retired treaty would send a lot of us who is to be. But I guess other professors there are or are overwhelming media. I'm the last step that's true it virtually every loss in the country would maybe you know half a dozen exceptions the place like George may soon. Down in the DC suburb. I don't want what I would you be I didn't I didn't go to the UB law school obviously but. I leave some of my best relationships were and this was back in the eighties there was a different Arab world with professors who were far left but. As long as you expressed an interest in what they were teaching and you've got to know these people they care about your politics and care about your own personal views and a lot of great spirit that has put people like. Brooks Jackson and built plaster and Jesse Lee mission so many other great you'd be professors are doctor Lichter and you know those were those were some good times but it was a different error but. You know I'm just under is grateful to the people with pre UBE law for not they're not think in the you know that not to give anything out in my in my kid 626 at news radio 930 WUP median hourly indelibly. With professor Bob plump. Fraud can she was he speaking for professor Bob clump and not for image as hot as she either a buffalo lawyers chapter of the Federalist society club Georgia professor I can't believe a caller can call it was show. And finally get a return and like within the hour but also the Twitter board people want Bob cloud to be the next associate Supreme Court justice. He'll take you just hit you'll take the pay cut. But I here's the thing you know one of the things we talked about. Natalie. How we read how these decisions are made how these judgments are made Donald for property was running for president in an effort to punished show that he is a true conservative her. I don't. So solidify the base as he was running as a Republican he got a list of people that he would nominate if openings came off. And that's before the election even began and that list has been adjusted since he's been president. Yes it has an and the list. For this purpose during the campaign it really. And galvanized. A lot. Republicans particularly those who work shall we stated in now Donna initially supportive of Tom. I mean I think there's a lot president has again asked them a lot of the Republican vote ultimately came home to drop however grudgingly. I've it did so because. The prominent says his campaign including two that the judges. And I think that that contributed an awful late it is. Does this victory and how they get understood that the watch the premise I mean he's he's certainly been trying to keep his promise it's. I'm close to it certainly yeah. I'm going to going to keep wise to be consistent in terms of his nomination to the park within bridge down that list. It would usually an educated has been changing that additional judges that put us additional individuals have been put on from time to time and certainly that was true of course that. So what are the odds that that this nominee comes from outside the list and it seems pretty problem. There are great because the justice such a list of potential superstar. It's all black individuals to opt for the most part fall into the I'm. You know recommended age category before he's to the mid fifties now I'm not. To all those other at some older judges on the list. A lot of Americans don't get it. Pop up they are mostly have not part of the Supreme Court and clerk they're. Federal judges a number of them liked several of the women we discussed earlier. I had served on each day in court. And and that can't be an important factor to the help the current Supreme Court everybody in the current supreme court's us. Am I and I don't know what to go to court before the elevated district court. And you don't let that persuade you to be able to go back 3040 years a lot of individuals nominated to the court came from. Pop political assets like US senators governors. But but the party has become law much more gadgets in that regard so even choose dean. Before the supreme individuals who have served. I'm at eight Supreme Court. Why is it something. Relatively new. That gives you an international track record for those individuals to see how they if how to rule and has held up. Pop on the court and the Supreme Court that they about it. Let's get another call on fourth professor club it is it's on WBD. And Chris. Question we we law passed professor clump we got to get to a professor climb back sorry about that what what your you were gonna ask what. Those are two questions the litigator and you know armed knowing that the Democrats are gonna are open now Bruce you think you're being. Smart for trump to play into that and use it kind of a debate club. Early November elections because I understand it they're gonna. Have a fight the senate as it is you think you. Retain the house and get a majority in the senate but I. Are reminding people how important these judges are in the the second thing I wanted to know it's about America if you could but that. Did you think there's ever any at brigade did. Achieved in front of the work there and do what date then governor who has been it. More into our usual amendment but backed amendment. Up about tush granderson at them the first question is should president trying to use his nomination as a political club for November the what are you getting. I mean we beat you years. Or more people. Watch. Okay and the second question about this debates when you lost me. Think. That our record the U. Yet governor cute. All I stand I think that that's the only opportunity we have New York to reverse the save act is through the Supreme Court the problem. You know for the most part has been. We got to open source Columbia. Press club request to ask about the safe act and now Supreme Court in in wavy I mean it appears to be the only way. Anything's gonna change New York State is through a federal court. Do you see something like this back and on the Virginia gun case is and that was a gun case and Colorado. That all most made the Supreme Court and I did and I'm going to all the way. You know I know I've supporters of this Second Amendment have meant and done that it didn't salad than it is you know distancing court is denied review. All the the state car or a court decision that involved. Got the regulations now as I mentioned earlier court. The Supreme Court today has almost complete. Control over its docket. I'm glad to have nine members of the court decided to do what's called grant certiorari which speaking. There is okay it's on appeal he. A lower court decision whether federal state. The court doesn't have to take decades so there's no cases. Automatically gonna go to the Supreme Court and I know my concern is that that's reported to the touch diamond have expressed is that. Dramatic split senses restored at California. They the one to date to ritual it is one of those where the court declined to take topic case. Which. Second Amendment supporter plot represented a real infringement. The Second Amendment Rights that the course and announced in the appellate case. Is that conceivable all that and deal from the New York face facts. I'm might go up to the Supreme Court on the it's conceivable. But yeah you know it's it's a tough out how to get there I mean on an annual basis. The court received about eight to 9000. Petitions for certiorari. And in recent years they've been granting me the hundred or so. Is that likely to change with respect to the Second Amendment given the new constitution of the Supreme Court. Hard to say. I'm not sure if you've gotten out Kennedy supported Heller so. I don't think that whoever Kennedy's replacement. That that's gonna make it different and of course some time justices who feel that they would end up being on the losing end. And seeing him in that case if the court order tickets will vote not to take it even if they think the lower court decision was. Raucous as human nature. Under the bright they don't want that to be a Supreme Court decision. Affirming. What they regard as a bad lower court decision. Professor caught I don't know if this falls within or without your area of expertise and you're Bailey where you're if you will but. Looking ahead to the mid term elections is there a way president trump can part of playing this pit and there's such cooperation into a greater turnout in November 4 is people. Oh I think that's gonna happen on both sides I think it's going to be any. Motivating factor in the follow collections on both sides. I think I'm sorry I already stopped. On TV this that and the this suggestion that this could really energize the Republican based particularly again going back to that about sixty campaign. Those Republicans who aren't especially enthusiastic about prompt enter into some of the things these guys in doubt but North Waziristan the transcendent importance. Who's going to be appointed to the federal bench only Supreme Court but the lower federal court as well but this has got to get that issue a prominent. On the other side. The Democrats are being energized about this because. I'm in the draft and that they're able to. Prevented. You know I that trump nominee from going to the for the elections they have. Now all in this thing it is that they haven't even more than sent just to try to retake this. Going four and 2019. So I'll I think. It might end up being in terms of other guys each party base I'll watch but to the extent that the concern is. That the Republican Party holding controller right now yeah have a harder time in the mid term election and energizing their tastes as opposed to the opera party that I think get there margins in my might be at least. Helpful to the Republican. Anthony Kennedy retired from the Supreme Court and professor Bob plot. Kind enough to join us and offer his expertise he's not speaking for them of course but professor clock is a professor commissioners also. Archer of the buffalo workers chapter of the Federalist society among other items on his CD. Let's get to that's CV that CB radio let's go to bill in Eden professor caught on WB EM Villa held. So those are the characteristics that I like to see him out so the adjusted to replace the one who is retiring and these. Armed from our man or woman who has committed to the screw. A constitutional lived a defender of life and all its stages from conception to natural that if the defense. Of the American exceptional and don't forget immortality. A job to interpret the ball accurately and not one phone too bad we from the bench. I'd like he's someone in the age range from David aides to. I suddenly hit a lot of them accurately by year's. And I'm good. That would account for almost kind of cool if you ask someone like a Judge Judy and Piero you know to kind of go along with what Donald Trump is but. Just after bill me as a professor I mean if you look at the bench as a representation of America. I mean there really should be more women on the bench should be more apt and Americans. You know there's one Hispanic. There really. If it is always been out all white man's club. Well well actually that here at the key component at first the data I use that term that's an economical. In the last 2030 years depend vehicle to divert the until of course it's his appointment to the supreme corporate. The only team member of the court. Not who he's for them ran America so to speak with Clarence Campbell. From Jakarta that he can be conservatives they're Republicans on the court Alito and cutting and think about it this way. Oh lead all Ginsburg and Scalia. And they get. All wrapped mat tourney arts studio in Narnia Gary speed within like a thirty mile radius of each other. And and and the other members of the court has tended to comfort from the west cult like Andy himself and Al foreign debt. Chief Justice Rehnquist the former Chief Justice what from a foot from where it down. No one complaint is that net. The vast areas of the country haven't been represented geographically and the court for a long time of course it's being from Colorado. I've you know chicken that's somewhat but I think. That might be a repeat send them tightly trump picked somebody I'm closest. Which of course what is an area critical to his own to his own election. I'm right now that three out of nothing members of the court lemon at the historical I. I have another component that was lacking on the court in terms. You know the diversity of the United States what religion. Of course it was a pointedly ask courts to consisted entirely of Catholics and do. Check out what country do. You know on a country that built. You know there are millions tens of millions of Protestants until course which was put on the court there were no. Protestants whatsoever on the court and I hadn't been for many years. So Boris. We have very very interesting point that bill or anything else from you. Yeah if the bigger question from and I had a guy on yet at. I doubt that. And we'll do its nuclear option but if they were purchased do that would it have anything to do with. In Ottawa Senators needed to confirm. While actual applicable when it comes to in the Democrats started doing away with that I so are there Republican that you really need to. Our 51 votes or fifty in the event it would turn out to be attacked. And and and professor of the big issue is you know just Bob coworker does he get the last day just John McCain is he healthy enough to come back to both. And a lot of other teachers on the Republican side that could they could complicate taken a fifty. Yes and that is the and I know NATO's troops there a couple of Republican senator is pretty small part to the moderate side I think it's Susan Collins from Maine and Lisa Murkowski from Alaska. So well you know whoever the president dominates. You've got to have due regard for what goes through individual sank and you know there's the suggestion that and some life related issues. That's Susan Powell in just would not be happy with someone whose identity side. As a slightly pro life individual and I think the famous screw it let's Murkowski does not only caught her and McCain. But there's a couple of other Republican spinners to. I don't that was the concern when gossage was nominated. Obviously and the White House people that they're gathered to ensuring before he was nominated I think that that power there's Murkowski would go along with so many action. We have it via a text here as old as Tom no way I'm 54 and actually I'm inclined to agree because I think the younger the better because I'm looking for a long lasting legacy be to make sure the constitutional republic. Stays. In a stays alive and by the way I think they'll have that under the patient also put him through an angiogram administer a test and every other thing I know demand. Let me just passed up for his club pro quick as Michael opens this segment appreciate your time and really extras that you really really amazing guests appreciate that. We'll get to the original founder and the phone for others did not expect over the lifespan in 1770. They weren't expecting people let you. You're 45. Is in here about people wanna get rid of the electoral college and go back sort of the reset button things that they. A quick in 2018 as being old and out of eight. Is the age requirement on the bench something that people there are a reasonable and open to about liberty to the Supreme Court. Not at this spring court there has battered the state court and of course you Arquette as its own implementation of seventy. Pretty dark state judges but that there hasn't been any effort. To do that before the Supreme Court has historically that political problems like they are justices on the court to become senile. Well Paul Douglas was determined to outlast president sport there's a as an example in terms or we're talking about earlier potentially justice Ginsburg and last year and a half comical he had suffered a stroke. And was basically not not capable of functioning but there was no way to remove it. Thurgood Marshall was Barbara guard has beaten so when that wasn't didn't have its capabilities that the of well professor club but I it has been a true honor we are so glad you called them and that we're so glad that we you know obviously verified all of your all of your stuff. And I gotta tell it was a UB I can echo which some of our text bored people have said in what some call it's just that I really wished that the I could take some classes for me when I was younger thank you so much for being the so hopefully the audience will be able to some more classes and Monica. Oh. Professor Bob Clark. From can issues but again and to emphasize that he was speaking for himself professor by a club and opt for the institution organizer passion with which he has an affiliate.