8-5 Hardline Hour 2

Sunday, August 5th

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

Time to talk politics it's hard line on news radio nine. WB. And welcome back to the show this is Kevin Hardwick. Thanks to my first our guests county executive mark pulling cars also April asking was my cohost April the Erie county legislature's. Majority leader. Haven't coals for this hour it's about clump a colleague of mine in east is Khaled is the professor in. Pre law advisor Bob welcome back the program. Thank you good Mario we're we're going to be talking more about something you know a lot more about denying two and a few minutes of Supreme Court but we're gonna open up this hour with a called doing other its colleague of mine Ralph more Ralph is the Erie county. Republican party's election commissioner. Ralph welcome to the program. It mart. Yeah oh well whatever I. New York State election law on Tuesday is it's difficult to understand that whenever I have a question about it you are the go to guy. On recently there was an article in the Buffalo News I believe it was night time precious and Bob McCarthy and apologize. But it dealt with the various scenarios for the gubernatorial ballot in November. And it was just mind boggling depending on what happens in the primary and it all comes back. Two New York State being one of the few. States in the union with the electoral fusion. For our listeners you can probably get a better description of fusion and I can what is what is fusion. Well isn't voting is heading the votes from various charities aren't too. I was single candidate so why. Many of the states. Only allow that list the candidate's name to appear once on the ballot. And you vote for their efforts that on the line that the deadly blast. In New York State we have multiple lines. There's a number of parties that are recognized in New York State that's for governor. You can south petitions and create your own lines as well. A person who appears on more than one party lying. I. Together for a whole. And George Pataki won the first your body every vote Republican and conservative line is total BC. Democratic group call to. Yeah as in fact Democrat Andrew Cuomo if we're just one line would have beaten George Pataki the attack he had. Conservative lying in and was able to win that this year becomes especially. Tricky for the Democrats. Because they have a a primary not only for governor vote for or lieutenant governor and you have they are. Who won their gubernatorial candidate Cynthia Nixon. She's also be working families party candidate. So if she loses the if she loses the democratic primary and still stays on the ballot as the working families party. That's not good for Democrats but there are ways to get rid of. Yeah. Well there are and here it is unique also. And that while in November you're voting for the governor and lieutenant governor together as a team. In the primary election here actually voting for the governor's supper out from the lieutenant governor. So they're for the gubernatorial candidate there may be the Victor may now be the wind. May not have his running mates. Elected as a lieutenant governor manned up and November as a it was a different. Running so so we Andrew Cuomo may end up wit and Andrew Cuomo may end up with. Two or three different lines but different at different lieutenant governor candidates on each and that messes up fusion doesn't. That's corrected and at case the votes don't get together for the candidate and so he went and I still haven't sold so Andrew Cuomo would be running against himself. Well in many restart that for a. And and Republicans have to be salivating at Penn Democrats after the you know sweating about debt. But there are ways for Democrats to solve that problem as long as you know people are willing to go along right. Right well there are various processes. Through various options. And so one of quality. That may wait again at a ballot this by a petition. At petition process for congressional candidates. They act in April. The petition process for our many of the other candidates. It just completed in July. To decline line once your name and then placed about petition you'll only have four days there's still lasted well. Which is this your was July 16 to decline. The nomination. I yet there's provisions in the election because. Certain about that such. US error that here tree court. They're convention occurred since September. And if there are an incumbent or somebody like Oscar nominated Supreme Court. There was a mechanism by which a person could declined an earlier about nation back. There has been kind of expanded. Election law. And that's what really used. In the processes that try to get somebody off the ballot because it's the last. After the primary elections examination occur after the primary election. So there are ways that Cynthia Nixon were willing to go along via Williams the other. Lieutenant governor candidate other than to get the local were willing to go along. To remove them from developing clean things up for the Democrats but again they would have to go along with the. That's correct they they have to go along with a closer to get the qualification. So we need a court judge you have to have yet to be an attorney you have to have ten years. Practice. You know it could be admitted for a period of ten years. So it gives out there what are the candidates. And then turning your attention doesn't meet the qualifications. There without we'll have to be other match nations which are occur which has shapes up but it takes somebody from assembly process. Move their personal creative vacancy and they had our that was somebody dropped. Well what in the opposite that you turns out. It's it it's it's mind boggling one more thing while I have you the gubernatorial election every four years. Is important for the political parties because order of finish. Of the gubernatorial candidate makes a difference. Plus whether you're recognized as a major party in the air did the president turn your gubernatorial vote. And you have to receive 50000 votes and that particular why. To be recognized that. Sure not not combined lines but lines period. That's right the individual lines so let's say he yeah. We've we've seen that happened with the Green Party lines. Where they. Receive 50000 votes of one year they became a party for the next four years than their candidates throwing your. Didn't receive that. Number of votes and they lost their party's status. And then they regained it. And yeah it's it's back and forth and it also lead the order. It also determines the order on the ballot for the following for years for the parties. I mean you know the Conservative Party in the Green Party where they where they are on the ballot is determined by how many votes they get the gubernatorial election. And also the top two parties get control of the boards of election. Right down to the county. That that's correct it and it gets even more importantly you're talking about multiple I'm. Doesn't look too vocal or he's that wind. Because the higher why the term. New York determines you're you have when when you get some some would remember some Supreme Court races where you had to candidates who were in effect orphaned. Out on the ballot and it and it was it was just crazy Ralph. It's it's it's crazy. New York State is different than New York State's election laws difficult to understand him. Glad we got someone like you. You know who who who weakened her do and I'm glad you took this time out this morning thank you for that. All right thank you that was Ralph more Erie county election commissioner of the Republican eureka election commissioner the nice thing about our. Elected get the good thing about elections in New York State something night light is affected his bipartisan. For every Democrat there's a Republican looking them looking at them one him watching the other. Seems to work at least it worked for me listen which we have to take a breakdown when we come back on my guest cohost. Is going to be talking to us and talking you. About first bout Supreme Court then about some other issues that might be on our minds. If you hear something you wanna call in about that I invite your participation. The number to call eagle three on 93803 and only 930. I'm Kevin Hartman you're listening to hardline news radio 930 WP EN. And welcome back hard line Kevin Harvick here sitting with my guest cohost for the second hour about clump. Pre law advisory east scouts professor there also teaches a course or two. And shortly will invite you're participation eagle three on 930 the number to call let's talk about the Supreme Court. You you'll take a group of these discount students currently down two. There's a Supreme Court every breeze yeah I was seated on oral arguments and you well getting pictures with a lot of the justices' first. He out we've been doing the trips since 1991. And 92 occasions and 2015. We were privileged. To actually have about a two hour meeting with Justice Thomas. And then last year in addition to getting reserve seeing through Chief Justice roberts' office we were able to. He was offered to meet with us for an hour after the oral arguments Roberts of course spoken can nations. Back in 2010. So so who do you think you'll look you'll see their next years and a foregone conclusion that they're just this that he will be a justice Cavanaugh staring at you India in the gallery there. It's looking increasingly like act canonized is a sure bet now. Having said that there are things that could happen there is something that could surface during his confirmation hearings. They could derail the nomination I think that's. Doubtful so far all the Democrats have been able to compliment things like how many basketball tickets he purchased on credit. Or the fact that he putts catch up on pasta or at least used to which I personally would kind of disqualification. But most would not if and I think that. It's. The tie. Initially that Chuck Schumer indicated that the Democrats are gonna fight this tooth and nail. But the last couple weeks there's a sense that I wouldn't say they've thrown in the towel. Not to beginning to recognize that the math is going to rule here and now that Rand Paul has announced that he's gonna vote for Cavanaugh. And with no statements from the two moderate female Republican senators senator Collins and senator Murkowski. In any way suggesting that the error. They have grave doubts about his nomination. There you have it the Republicans have 51 seat. Is is there there is no hope Steele bit he'll be in place by the first Monday in October that was. Derailed somewhat this past week. A ranch was thrown in the machinery so to speak. Because of the vast volume of documents that the committee and particularly the Democrats on the committee want produced. From canonized tenure as dom associate White House counsel during George W Bush's administration and in particular. The million or more documents. That the Democrats at least would like to have. From the time he served President Bush promised three years as staff secretary. And the Republican senator Grassley who chaired the Judiciary Committee has indicated that. The council his his records as associate White House counselor fair game but not. The million mark documents that were produced at when he was happy secretary. In the grand scheme of things does it make a difference if it's delayed a month or so he's not there for the beginning of the term it really doesn't matter the the only difference it could make. In the event that they're worried you know there are all of these lower court decisions that have been percolating. Entering injunctive relief against the president say for instance the decision by a federal district judge just the other day and baca. On that said that in twenty days the president has to resume President Obama is back. Backup program for. For immigrants. And that presumably is going to be immediately appealed if it took the fast track to the Supreme Court and there are only eight members on the court. If there were 44 tie which there could well be on any issue that would have the effect of leaving the lower court decision in place so there could be an impact I think there's a slight chance of that. But presumably the the nomination is gonna be voted on before the election so he would join. You're in that you're in the federal court system you're a clerk for magistrates and federal district catch right federal district judge hearing in buffalo. I'm who determines. What it's on the fast track who determines the docket that the Supreme Court meaning they agreed to accept certain cases the rule for all that. But if there's a particular case and it looks like it might go 44. In most cases it can be bumped later in the term when when judge him and are assuming he gets. I confirmed and seated. Yes. The court I justice who thinks that the there's a far far China it's not gonna be and his or her favor could vote to deny certiorari. I'm such a case that would have the effect of post Pollyanna. It would be tough on the other hand for the court to do that if you're a matter of extreme national importance like doc is right now so. I don't I couldn't predict what would happen if if there were to be an appeal. For the court to let it to take and Pete and immediately. Do you see the pending confirmation. In other trump appointment be at camp and are someone else. Having any influence on state legislatures around the country in the sorts of things that they are up to. Mean trying to get things that would not have passed under the the old court with a with Kennedy there. Now they say well I am thinking of things like abortion measures and and such let's get this in there so we can get this case ready to ago. I think that's true and as you know in recent years attorneys general. Republican attorney general state attorneys general under President Obama and now. Now democratic. Attorneys general under president prompt including whoever the New York attorney general is right now. I have then I have been banding together to try to challenge administrative. Federal administrative actions they don't like. And I think that too with cabin on the Supreme Court there would be a tendency on the part. Of Republican attorneys general who winded and state legislatures who wanted to. Pass legislation in areas like you touched. On curbing abortion. I think that they would feel more comfortable I'm in imposing additional. I have to finish this after the break Neil McMahon has a standing it was the bottom of the hour news and I guess my combat the last my guess cohosts about clone. How long it takes a case in abortion case from its inception to the work its way through the federal court system to the Supreme Court. All of that and more your calls are welcome eagle 3 on 9:30 am Kevin Hardwick. You're listening to hard line and news radio 930 WBE. I don't think the program Kevin Harvick sitting here with my guest host clump of these technologies rely nicer there. Before we before we ask another question about before we go to the phones at 8030930. Got to bring in mind. Producer filling in for Joseph beamer to de Pasquale majority Pasquale. You have something in common with that would beamer a year earlier Mets fans long suffering Mets fan basketball like the punishment paying you domestic is too I mean he's now he's Virginia Tech of course you know that football and all that. Mean you know you follow college hopefully kinesis. Hung on just that on bills and mats that they'll pills and that says that you could do a lot worse than bills Mets well. Hopefully will Google be happier realized sooner and again as I told when it came in. Will always have the first half of April when the Mets went 112 and one or something that's right we can always say wait till next year when he till next year we we began to say that by the end of April thank you for swelling before. Again like go to the phones shortly we have some people calling you know get right to them but. The question I set I would ask you before the break. How long has it taken courts if I'm if I'm a state legislator in. Pennsylvania hours Georgia or wherever and I say. You know we're gonna have this Cavanaugh a guy in the Supreme Court and they they will overturn Roe vs. Wade. And I wanna get tested the test case to them so let's pass a law and our state so it'll get challenged and make its way up his record closing process take. Now I passed the law but it didn't go through the state the federal court system. Ordinarily if a case follows the normal route where you have proceeding that's initiated in front of the federal district judge. He or she then makes a decision. Given the I'm given the enormous caseload that a lot of federal district judges have today that can vary enormously buffalo for instance is one of the busiest. In the country so you could be talking about it a significant delay there are of up to a year possibly mark. If you were in the posture of a request for temporary restraining order against the kind of legislation you're talking about. There could be a factor decision. Pop but then of course before going to the Supreme Court ordinarily I'd the first appeal is taken to a federal Circuit Court like me aren't would go to the second circuit. That would consume further time so in the regular course of things it could take anywhere from two to three years or more. Far case to get up to the Supreme Court and that of course for the court to take a case as we discussed prior to the break would require. At least four of nine members of the card voting to take the case now. There are procedures were chorus. Case of extraordinary importance can get up there on a lot faster. The Watergate tapes case for instance this steel seizure case under Harry Truman. Where a process called. That the court grants shirt before judgment in the Court of Appeals I don't get into the technicalities of that. But that could certainly happen in the kind of scenario that here envisioning now but they're good to have you here. They're probably some cases not only abortion cases and others in the pipeline already a lot of weight is absolutely sure. All right let's I said we go to the phones 8030930. The number to call let's go first to Barbara Barbara in. Cheektowaga Barbara welcome to the program thank you for holding. Oh god bless you Barbara you can call in any time. A question for mr. bond I am confused. They ruling in recent ruling from the court about dot com because. Understanding is that the thought it was not a law. So how can recorder maker ruling and something that's not a lot. Well it's not surprising. They Q would you would be confused about the court's ruling because essentially stepping back commanded. President Obama eyes commencement of the backup program. Was not itself a lot it was in effect an executive decision that he made. That many observers think it is contrary to the immigration line that he had no authority to make it was an exercise in his discretion. Now president from. Is exercising his discretion claiming that Obama is to say it was improper. I'm ten effect revoke that revoke Obama's decision. And curiously if federal district judge I decided that. Trumps. Exercise in his discretion isn't sufficiently supported by. The Faxon and certain other things and therefore a got kind pass to Hester remain in place. As your question as to how the court can rule on something that's not a law. Out federal courts and state courts for that matter often ruled island and decisions. And measures that are undertaken by executive officers whether it be the president at the national level or governor at the state level. They have the jurisdiction. Typically. On to rule I'm an executive actions even if there is no law. That's an issue although in this case there really is on underlined the immigration laws of the United States. There are. Are implicated by Obama's docket decision Barbara does that answer the question. It has to clear that up and I thank you very much. You're welcome you like it was Barbara from Cheektowaga line opens up you can get it an 803 on 938030930. Sitting here what about plump the pre law advisory through these is challenge also teaches a couple of courses in con law there a colleague of mine. Let's go next to John John in Rochester John welcome to the program. We show who earlier from logo all right yeah we're we're gonna Google and others from Denise is to rally actually went to the yes they did I went to Binghamton. Went to these tigers. I just talked for the last 29 years basis. I'd I'd I'd love Tunisia they really do quite a lot of credit conditions grids and all of a successful every one of but wasn't. This part of the program by the way has brought you Nikes she's down attackers they used to say leaders were made that they still make their do we make sleep last night or I think it's safe to say I'll make a lot of sorry giant could go ahead. Yeah Bob but I question the direction. The but I didn't say chill and it's at least in the recent history. In the senate Democrats. Lobby against me out a sprinkler justice like Gore's sister Carol and I'll. Well whatever if you look at sort of lie here and taken. You become the Barbara my recollection vote Kagan in sort of my here in the final vote into the senate. It was overwhelmingly. For multiple. I'm released. More escorts bridge it was like readers not want what's up with the Democrat. Is nonpartisanship. What you saw. I just I'm good I'm cargo hold you on the lines of don't hang up on the let Bob answer that I wanna get into that loop. Well I think it's fair to say that sense they do feel Broward Barkin 1987 the whole process has become much more politicized. It's also fair to say that when President Clinton nominated justices Ginsburg and Breyer and then later Obama nominated. I KE NN Sotomayor are that Republican opposition was pretty muted there are a couple dozen Republican senators who voted against both Sotomayor and Kagan. But there was really no effort to derail. On the confirmation I think one big difference here was gore stage. Is that the perception is. That Kennedy's was the swing seat and now. The Democrats fear they cheer here around me with cancer harming it cannot I'm sorry courses. That with Cavanaugh you're swinging. On the balance on the car over the conservative side so I think that's the explanation for. The heightened opposition to going back to gore stich it's obvious that the Democrats are giant. John your that your dad here and then Amherst at the studio bud and you're there in Rochester and I can hear a lot of our listeners are democratic listeners. They're yelling. I can open the window and hear them yelling what about Merrick Garland what about Merrick Garland I mean you know I mean does this work both ways John. Well not really because that was a decision really made. And Garland issued a decision made by a one guy Mitch McConnell like today. W I I think America Arlen point coming from Democrats is a fair point. It's clear that Mitch McConnell would not have been able to sustain not giving Merrick Garland day hearing. Throughout 2016 without the overwhelming support of the Republican caucus and the Republicans around bar and a McConnell deserves the most credit for that but. It it's a fair point that in effect Garland didn't even make it to the committee. Yeah. I I by the way that the big loser in the 2016. Election was mayor Garland because if Hillary Clinton won. Then that the Republicans would have. Whatever confirm him my by the next week probably because they didn't want Hillary to appointed judge Garland was picked specifically Cody. You know let's face he was he was liberal but he was more. Middle of the road with her dad has his credentials were outstanding even now just this designee at Cavanaugh. Has gone on record as praising them OK John thanks for the call we're up against a break I appreciate the call has always. That we dropped John if you want to outline give us a call 8030930. We've got one more segment with clump of these is now pre law advisor. We talking more Supreme Court and then maybe some other trump issues after the break I'm Kevin Hardwick. You're listening to hardline news radio 930 WD EN. Hey welcome back yard line Kevin Hardwick here for one last segment with my guest cohost. Clone from nieces countless years of the pre law advising him rightly. Pre law center. Which is something I should have mentioned earlier we have we got to throw some props of the rightly family. What can you tell us about this pre loss there duties well. The triage center which was started as a result that gets me to the college by frank rightly a local lawyer national renowned. Back in the early 1980s. We offer a wide variety of programs for prima students we have the annual rightly lecture. Under the auspices of which we've had a half dozen members. Current and farmer of the US Supreme Court speak at the college moved most recently the chief judge Chief Justice the United States. And we had his predecessor and here is there unlike others colleges lecture series here free and open the public yes they are we'll be having one coming up nine in the spring days to be announced. And we do a lot of other things including Washington DC trip that we discussed earlier than we've been doing for many many years. And we help students find internships and placement even now even after their law school so we truly are full service pre line department. Yep mentioned mentioned the rightly am in everything that they did it and and lawyers have we need to throw some priest who. I would be remiss if I didn't follow my wife's direction to throw some praise in the direction of William tar. My wife in buffalo school teacher was an event they had the other day where my car for was handing out pencils and my wife got about 250 pencils for Kansas and audited last year kids in this south buffalo academy. For a year it's he's in no way they'll be threw them in the week so thank you to the media but our people. Listen. What did back to the camera thing you've done some research what Lee Lou what do we know our what do people think they know about his voting record. Well. People assume commentators assume that cannot course is conservative now. The problem they have with the increasing politicization out of the judiciary. Is they're there is an assumption that if a judge or justice votes one way. And as a result of that vote ex party loses then the judge is opposed to. Whatever group ex party represents a case in point would be. There is article the other day in the Wall Street Journal about canonized votes I'm I'm I'm business in union related issues. And they noted that in any case in which the DC circuit on which he now sits ruled that a Brooklyn Kosher meat wholesaler. Had committed unfair labor practice. I refusing to bargain with the union that was formed in part. With the votes from undocumented workers Kavanagh this happened in his dissent he said. Well illegal immigrant workers are protected under the national labor relations act. Then immediately he becomes perceived as Cavanaugh is anti union or conceivably these also anti immigrant. And that's not a correct reading of that's not what the correct greeting should be of how judges out but it's inevitable. On both the left and the right that that people react today in a political fashion. On the other side of the spectrum out conservatives are we're very concerned about a vote that cannot cast iron. Obamacare. Which some alleged provided the road map. Two Chief Justice roberts' decision upholding obamacare. And it really wasn't intended to have that purpose he was analyzing. One of the jurisdictional prerequisites for the court taking the case. So unfortunately. That happens. I got about three minutes left who talked about the judiciary love let me turn our attention to the legislative branch in national elections. Idea I course and on vacation from these discount for another three weeks I don't pay attention and this you bout never taking vacation and you've been keeping up on national elections. I guess I'm just assuming that the house is going to go democratic. And the senate is going to remain Republican I have nothing whatsoever to base and I'm only days of putting my finger to the win. We MI is are they fair assumptions. I think that's a fair assumption certainly if I were a betting man I would I would be willing to put significant money on the Democrats retaking control of the house. The upcoming special election this Tuesday in the twelfth congressional district in Ohio. Traditionally a strongly Republican district the two candidates are running neck and that if the Democrats take that district and trump intends to campaign there for the Republican candidate. I think that's a harbor anger and even stronger arm wringer of the Democrats retaking house the senate on the other hand. I would agree the there may be 7030 in favor of the Republicans keeping control because there are so many democratic seats up. If if if you're Republicans. If you're conservative. On you probably can live with that result in the senate went down in the confirmation in the judges that would that would really hurt to have be more permanent yeah I think if the Democrats take the house legislatively this kind of pretty much be gridlock which some Republicans would view is not necessarily work we're doing as a favorite words from the cuts to hear from the First Amendment the beginning congress shall make no law. He puts a period after but down. It it isn't it you're you know there were also be however people point out they get one branch or one yet won that one house a House of Representatives. There were be the investigations. We have powers and that could be tough for the from people and a course that could ultimately lead to impeachment but to what purpose because there's obviously not going to be conviction and there's get convicted in and trump would use that is a you know. That would wake up the pace that would probably wouldn't be wise to impeach the president while my commentator suggested the other day that trump may actually want a Democrat won out democratic house so illegal oil leaking you'll be Nancy Pelosi this in the assuming it's equals. Be the speaker would be this is Matthew do you put any credence in that. I mean really it's kind of Machiavelli in his yeah yeah I. I don't think trumpets I think he's too blunt about everything to be perceived as Matthew felling about. In ever now yeah. Well listen we've had a a wide ranging discussion everything from Supreme Court to trump to the the national elections. Two two of course money. Feeling producer here for GOP reports while it mandatory for is. He's masochism in this low like mine the New York Mets has been an interesting Shalala thank all my guess today will be next week with another show.