Supreme Court Pick Preview 930in716 July 9, 2018

Monday, July 9th

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It's 930. In 716. Let's say is that more people let. And there are excellent everywhere you can't go wrong. All eyes on president trump and he is Supreme Court if it wasn't such a partisan time. These would be no trainers all these individuals would pretty easily be approved on to the Supreme Court I'm Tim Wenger on 930 and 716 powered by the Brothers of mercy a five star rated skilled nursing residents offering affordable living. In a country setting. The president will name his Supreme Court nominee tonight telling reporters he short Lister replaced justice Anthony Kennedy remains at four. David Wright has more. The president getting ready to board Air Force One said he hasn't yet settled on his Supreme Court let let's say is that more people let. And there are excellent everywhere you can't go wrong but. I'm getting very close to making a final decision. One of these four judges could tip the balance on the supreme court for a generation in 1973 decision that he. Legalized abortion is just one of many issues hangs in the balance. It's a big what. Judge Brett cabinet was asked about it at his confirmation hearings to the DC Court of Appeals I don't follow Roe vs. Wade faithfully and fully healthy finding process on the court. That may be one reason why senator Mitch McConnell reportedly says Cavanaugh may have a tough time getting confirmed. Judge ray Roman Catholic Church has never spoken publicly about his views on groovy way it neither has judge Thomas Hartmann. Judge Amy coney Barrett has said she'd have no interest in challenging the overall precedent of Roe vs. Wade. But says she could envision the scope of abortion rights changing she's a devout Catholic with seven children two of them adopted from Haiti tonight. Personal church affiliation are my. Religious belief wit not there and the discharge at my giddy sent to jets. It's the president's decision but whoever he picks must be confirmed by the senate. I think my initial impression was that they'll be subdued he'll be much more akin to in the of course its introduction last year. But there's always the temptation with president trump on prime time he could do something more outlandish we get some preteen deep inside on the Supreme Court pick with our Supreme Court expert Peter Yucca Gucci from SUNY buffalo state. In studio with Susan rose and Brian as around ski is following up. I'm very popular TV show the bachelor and so it you don't know you have to stay tuned and watch. You know Peter. I'm trying to think on a course such nomination was announced. Did it leak out had a time do we re on pins and needles right till then no it didn't for an administration that has been. Plea by leaks both of these nominations have stayed quiet and am pretty amazed at that. Because you've got to have a mansion that with these lists the short list out these four names. That media's trailing every one of these people are at least trying to bank. I assume that the media have people sitting at the airports and checking to see who's flying in his flying out. The only problem with that is all the potential candidates have have flown in this last week and so they're all there. And I wouldn't be surprised if some of the candidates that aren't picked altar at the introduction ceremony a lot of these individuals know each other their friends with the each other. And so while they might I can pick for the Supreme Court they'll be happy for their yes so again those names that are out there right now I have Brett Kavanagh. EB coney Berry and Thomas. Hard man who won that last name I believe he was thrown about though less than nomination processes. And of one of the names people were expecting maybe he can to get to see he was he was. You don't know what this is not a public process but he was believed to be the finalists McNeil corsets and of course you know of course is was given the nomination. His name was kind of forgotten in this process and the last few days. It's bubbled back up and we've heard people that are inside the White House and people that know individuals inside my house. Says he's getting a second reconsideration. Look through these names if you can Peter and and when maybe what's what are the strengths for each of these candidates a couple let me just say some unifying things it just just want quirky thing they're all from the same part of the country they're off from Michigan Pennsylvania Kentucky that part of the country there's no west coasters there's no east coasters. That's interesting to me the other thing that's interesting is back 304050. Years ago. It was considered somewhat controversial to put it Roman Catholic on to the court not the Roman Catholic to dominate the court and almost all these individuals are Roman Catholic since. Them Cavanaugh and Amy Connie Barrett are very staunch Catholics and make that a very important part of their who they are in their decisions. It's of that something unique. Aside from that. All of the names that have been mansion I except maybe Amy coney parent who is news. Notre Dame lot professor and just recently joined the match. The other individuals are all well experienced well established. Appeals court judges in the highest level of appeals besides the Supreme Court. If it wasn't such a partisan time. These would be no trainers all these individuals would pretty easily be approved on to the Supreme Court. Buffalo state college political science professor Peter Yakhouba Ritchie is in studio with us this morning talking about tonight's Supreme Court pick. And with that in mind Peter talk about roe V vs wade here and and what could happen going forward. Well I think there's two possible options I think the more likely option as you'll see a relatively conservative justice nominated tonight. They'll move justice. Chief Justice Roberts on to the center of the court. And he has shown a willingness to chip away at Roe vs. Wade on allowing the states to make more in marsh directions on a women's right to choose an abortion. Without out right dumb overturning the roe precedent. But in the history of the court what is normal as we see that chipping away and then that one point the court will take the step and overturn roe so if I was a supporter of a woman's right to choose I'd be very nervous about who his pick tonight. Now there is this kind of a sense from a while like Michigan State half the country that this is settled law and something nick can't be. Overturned even if it was brought to the Supreme Court that it's discounted them along the land for so long. It's a lot easier to I guess legalize something meant to make something illegal again. How tough would it be for the Supreme Court to make that decision even if it is chipping away process. Well as the court is a non political branch in mean they don't face elections it's not very tough for them at all and we seem we just saw on this last session. We Savion booed decision overturned that was a decision about the labor union fees dues. That had been a workable solution had been working for decades in the court overturned down 54 decision so I don't think there is. This much reticence of the court to overturn this president precedent. As people believe there is the the court that the conservative members of the court thought back in 1992 in the Casey decision. That they had a 54 decision they were on overturned bro. At the last minute to injustices change their mind and went the other way and take great frustration of Antonin Scalia. And I think they've been looking for this fifth justice and this might be the fifth justice tonight. In new mentioned too that John Roberts role may shift. Do you see him becoming like a swing vote I think he becomes the median vote on the court and and if that's the case John Roberts is a very very conservative justice. He's well remembered in America because of his vote to up pulls the Affordable Care Act. But if you look at his post over the last decade as chief justice and there are simply a tiny handful maybe half a dozen. Of the hundreds of decisions you made that would be considered as liberal he is a staunch mainline conservative. And so it wouldn't surprise me if he allows wrote to go down. But ballistic callous political science professor Peter Yucca booty is in studio with test Peters a Supreme Court expert has been setting the supreme court for years. That pick tonight Peter. Does anyone of the names on the short list standout TO. I think they are stand up for different reasons I think the one name that stands out. To me is Amy colony parent she's a former Notre Dame law professor. Staunch Catholic she was just elevated up to the federal court justice last year in October so she has very little. Experiences and appellate justice arisen as a judge in any way. I think that name sticks out I think I think she would be a pick that would be galvanizing of both the right and the left. When she would face a very very difficult confirmation process I think ultimate she will get through I think the Republicans will vote for her. And push it through the senate but it can be a very contentious affair you know something you mentioned a little bit before it's always thought I mean from great school tool whenever when you mention the Supreme Court it's that life time. Term because you want the court to be. Non political you don't want them to wait you know have to make a decision because Europe for reelection something like that often do we see. Somebody being nominated to the court. Kind of you think they're leaning one way or another during the nomination process then when they get their position on the court for life. They don't do what you expect them to alt well I think in the past we've seen a very often at the today them in a modern example it's the Souter example David Souter was nominated as a conservative and and became quite a strong member of the liberal wing. I think. It's less likely to happen in the future we've gotten so good especially in the age of the Internet researching these individuals and knowing exactly what they believe we. You know we go back and look at the papers they wrote in junior high and so now we know these people backwards and forwards it used to be. That we looked at in individual we saw they served on a court we saw that they were either registered as a Republican or Democrat and then we assume things about them we don't do that anymore as it. In many cases. We've been burned by that I guess you could say that the individual change their mind. There's also the process and we've seen this through the years is that members of the court may they mature as individuals on the court. And they become more receptive of opinions outside the opinion they brought to the court and I think that's just a normal masters nation process. If the as a woman tonight is that. Does it become more difficult for the left to try to fight that now I think it definitely does I think you've seen. The other the Democrats are very successfully courted women voters and women supporters this is the the the need to moment. Com has almost all shifted towards support the democratic side. And I think it's a woman nominated that because very difficult to say well. We're not. We're pro women but not this one and and it the individual that that gets considers Amy coney Baird is that considered a finalists as the feat that they'll only finalists it's a female candidate. On she has this you know she's a stellar individual policies adopted children and she's. But it. There there's nothing it this far as we know of that scandalous inner past in any way. She just happens to be very conservative and so makes it very difficult for the left to attacker. Looking at the make up what without knowing of course who the nominee will be tonight but you know assuming. They get threw away no promise a lot of people expect to happen by the end of this year and the make up of the Supreme Court what it will be like at the beginning. Of 2019. Can you compare that to a court in the past something that we've seen within the last 2030 years as far as. It's makeup and the impact that corps and might be similar to what we're expecting in the future. Not not and there are. Recent past I think what we're seeing is the court because we've gotten better at the nomination process and selecting out individuals that sit that fit a certain ideology. We see a clear liberal wing and a clear conservative wing. Com where that is not always been a case there's always been the case a few liberals are a few conservatives and then all of a number of moderate justices in the middle of bounce back and forth. And so I think instead that the best example historical. Is if you go back to the early years of the FDR presidency. There's a famous four horsemen very conservative justices on the court that fought tooth and nail with FDR and the new deal programs. That's a possibility that that these five justices assuming a one nominate tonight is conservative. Could be the one that stops a future democratic president doing what they want to do. And that is at the end of the day is exactly what you're hoping for if you're a supporter of the president prayer because this is the long lasting impact the president and Mitch McConnell minority leader for the Republicans has made it very clear for years is number one goal is to have that backstop of conservatives on the Supreme Court complete live coverage tonight beginning at 8 PM on WB EN 9:30 AM. Streaming online and of course on the radio dot com at. Back tomorrow. That's 930 and 716. We're back tomorrow with a net irritation from the studios of WD EA and buffalo well.