ACLJ This Week with Jay Sekulow, "Supreme Court Vacancy: Justice Antonin Scal... | TBN

ACLJ This Week with Jay Sekulow, "Supreme Court Vacancy: Justice Antonin Scal...

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March 15, 2016
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ACLJ This Week with Jay Sekulow

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ACLJ This Week with Jay Sekulow, "Supreme Court Vacancy: Justice Antonin Scal...

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  • [MUSIC]
  • 00:00:00.240 --> 00:00:05.150
  • [ANNOUNCER] LIVE FROM WASHINGTON D.C. JAY SEKULOW
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  • LIVE. PHONE LINES ARE OPEN FOR YOUR QUESTIONS RIGHT NOW.
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  • [MUSIC]
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  • AND NOW, CHIEF COUNSEL FOR THE AMERICAN CENTER FOR LAW
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  • AND JUSTICE, JAY SEKULOW! [MUSIC] -UNITED STATES SUPREME
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  • COURT JUSTICE ANTONIN SCALIA HAS DIED. -SCALIA WAS NOMINATED TO
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  • THE U.S. SUPREME COURT IN 1986. -I'VE HAD THE HONOR OF
  • 00:00:46.290 --> 00:00:50.290
  • NOMINATING JUDGE SCALIA TO BE THE ASSOCIATE JUSTICE OF THE
  • 00:00:51.000 --> 00:00:53.290
  • UNITED STATES SUPREME COURT. -NOT MANY SUPREME COURT
  • 00:00:54.000 --> 00:00:57.070
  • JUSTICES BECOME FAMOUS. ANTONIN SCALIA IS ONE OF THE FEW. HE'S
  • 00:00:57.080 --> 00:01:01.250
  • ONE OF THE MOST BRILLIANT AND COMBATIVE JUSTICES EVER TO SIT
  • 00:01:01.260 --> 00:01:05.090
  • ON THE COURT. -FOR ALMOST 30 YEARS JUSTICE ANTONIN "NINO"
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  • SCALIA WAS A LARGER THAN LIFE PRESENCE ON THE BENCH. -HE WAS
  • 00:01:10.210 --> 00:01:16.170
  • A TREMENDOUS CHAMPION OF LIBERTY AND FREEDOM. -A BRILLIANT LEGAL
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  • MIND WITH AN ENERGETIC STYLE, INCISIVE WIT, AND COLORFUL
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  • OPINIONS. -AMERICAN HERO, CONSTITUTIONAL GIANT,
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  • CONSERVATIVE LION. -INFLUENCED A GENERATION OF JUDGES, LAWYERS
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  • AND STUDENTS AND PROFOUNDLY SHAPED THE LEGAL LANDSCAPE.
  • 00:01:35.260 --> 00:01:40.120
  • -RONALD REAGAN BROUGHT THE CONSERVATIVE MOVEMENT BACK TO
  • 00:01:40.130 --> 00:01:43.280
  • THE PRESIDENCY. I THINK ANTONIN SCALIA, WITHOUT A DOUBT, BROUGH
  • 00:01:43.290 --> 00:01:46.280
  • THE CONSERVATIVE MOVEMENT BACK TO THE SUPREME COURT OF THE
  • 00:01:46.290 --> 00:01:50.240
  • UNITED STATES. -JUSTICE SCALIA DEDICATED HIS LIFE TO THE
  • 00:01:50.250 --> 00:01:55.180
  • CORNERSTONE OF OUR DEMOCRACY, THE RULE OF LAW. -SOMEONE OUR
  • 00:01:55.190 --> 00:01:59.100
  • COUNTRY OWES A DEBT OF GRATITUDE TO AND THAT IS ANTONIN SCALIA.
  • 00:01:59.110 --> 00:02:03.020
  • -I CANNOT THINK OF WHAT I WOULD DO FOR AN ENCORE. I CAN'T THINK
  • 00:02:03.030 --> 00:02:05.260
  • OF ANY OTHER JOB THAT I WOULD FIND AS INTERESTING AND AS
  • 00:02:05.270 --> 00:02:09.290
  • SATISFYING. -HE WAS A LEADING JURIST OF OUR LIFETIME ON THE
  • 00:02:10.000 --> 00:02:16.090
  • CASES THAT MATTERED MOST. JAY SEKULOW: WELL, AS WE MOURN THE
  • 00:02:16.100 --> 00:02:21.100
  • LOSS OF A GREAT MAN, AND THAT IS JUSTICE ANTONIN SCALIA, WE
  • 00:02:21.110 --> 00:02:26.000
  • REALIZE NOW THAT THE PRESIDENT HAS PUT THE COUNTRY IN A
  • 00:02:26.010 --> 00:02:28.290
  • POLITICAL SHOWDOWN FOR CONTROL OF THE SUPREME COURT. BEFORE
  • 00:02:29.000 --> 00:02:32.280
  • JUSTICE SCALIA'S BODY WAS EVEN RETURNED FROM TEXAS TO
  • 00:02:32.290 --> 00:02:35.270
  • WASHINGTON D.C., THE PRESIDENT, WHILE THANKING JUSTICE SCALIA'S
  • 00:02:35.280 --> 00:02:39.270
  • FAMILY FOR HIS SERVICE, IMMEDIATELY SAID HE WAS GOING TO
  • 00:02:39.280 --> 00:02:42.290
  • NOMINATE A NEW SUPREME COURT NOMINEE, IN WHAT HE CALLED DUE
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  • TIME. WHICH GENERALLY FOR THE PRESIDENT HAS MEANT ANYWHERE
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  • FROM 30, BASICALLY 30 DAYS TO 60 DAYS. SO OVER A 2 MONTH PERIOD.
  • 00:02:49.090 --> 00:02:54.100
  • NOW THE PRESIDENT HAS THE CONSTITUTIONAL RIGHT, I WANT TO
  • 00:02:54.110 --> 00:02:57.160
  • BE CLEAR ABOUT THIS, THE PRESIDENT HAS THE CONSTITUTIONAL
  • 00:02:57.170 --> 00:02:59.110
  • RIGHT TO NOMINATE JUSTICES TO THE SUPREME COURT OF THE UNITED
  • 00:02:59.120 --> 00:03:03.120
  • STATES. WHAT HE DOES NOT HAVE THE RIGHT TO DO IS JUST HAVE IT
  • 00:03:03.130 --> 00:03:07.120
  • RUBBER STAMPED BECAUSE THE 2ND ARTICLE OF ARTICLE 2, SECTION 2,
  • 00:03:07.130 --> 00:03:12.200
  • SAYS THAT IT'S WITH THE ADVICE AND CONSENT OF THE UNITED STATES
  • 00:03:12.210 --> 00:03:15.160
  • SENATE. SO THE REALITY IS THE PRESIDENT DOESN'T HAVE THE
  • 00:03:15.170 --> 00:03:19.060
  • AUTHORITY TO DO THAT ON HIS OWN. AND THAT IS WHERE THE SHOWDOWN,
  • 00:03:19.070 --> 00:03:22.180
  • THANN, IS TAKING PLACE, LITERALLY, TODAY IN WASHINGTON
  • 00:03:22.190 --> 00:03:26.080
  • D.C. THANN BENNETT: YES, THAT'S RIGHT. THE PRESIDENT HAS THE
  • 00:03:26.090 --> 00:03:28.240
  • CONSTITUTIONAL RIGHT TO NOMINATE, BUT THE SENATE HAS THE
  • 00:03:28.250 --> 00:03:31.170
  • CONSTITUTIONAL RIGHT NOT TO CONSIDER IT, JAY, AND NOT ONLY
  • 00:03:31.180 --> 00:03:34.040
  • DO THEY HAVE THE CONSTITUTIONAL RIGHT, AS LEADER MCCONNELL SAID,
  • 00:03:34.050 --> 00:03:37.080
  • THEY ALSO HAVE 140 YEARS, OR NEARLY 140 YEARS OF PRECEDENT
  • 00:03:37.090 --> 00:03:41.100
  • THAT SAYS IN THE FINAL YEAR OF A TERM, THE PRESIDENT DOES NOT GET
  • 00:03:41.110 --> 00:03:44.120
  • TO NOMINATE AND HAVE A SENATE OF THE OPPOSING PARTY CONFIRM THAT
  • 00:03:44.130 --> 00:03:48.130
  • NOMINEE. THE SENATE SHOULD EXERCISE ITS CONSTITUTIONAL
  • 00:03:48.140 --> 00:03:51.050
  • RIGHT TO WAIT UNTIL AFTER THE ELECTION, TO WAIT UNTIL AFTER
  • 00:03:51.060 --> 00:03:54.010
  • THE AMERICAN PEOPLE HAVE SPOKEN. -ALRIGHT, SO LET ME TELL YOU
  • 00:03:54.020 --> 00:03:56.120
  • WHAT WE'RE DOING. WE'RE GOING TO BE TALKING ABOUT THE CASES THAT
  • 00:03:56.130 --> 00:03:58.160
  • ARE BEING IMPACTED BY THIS, WHICH ARE MANY. WE'RE GOING TO
  • 00:03:58.170 --> 00:04:01.050
  • TALK ABOUT THE IMPACT THIS HAS FOR THE FUTURE OF THE COUNTRY,
  • 00:04:01.060 --> 00:04:03.180
  • WHICH IS HUGE, AND WE'RE TAKING YOUR CALLS. AND I WANT YOU TO
  • 00:04:03.190 --> 00:04:06.180
  • GET INVOLVED IN THIS. WE'RE GOING TO HAVE A LOT MORE AHEAD
  • 00:04:06.190 --> 00:04:08.260
  • AS WE DISCUSS WHAT IS NOW HAPPENING IN WASHINGTON IN LIGHT
  • 00:04:08.270 --> 00:04:12.090
  • OF THE DEATH OF JUSTICE ANTONIN SCALIA. WHAT DOES IT MEAN FOR
  • 00:04:12.100 --> 00:04:15.210
  • THE SUPREME COURT OF THE UNITED STATES? AND WHAT DOES IT MEAN
  • 00:04:15.220 --> 00:04:18.170
  • FOR PENDING CASES? WE'LL HAVE A FULL ANALYSIS WHEN WE GET BACK.
  • 00:04:18.180 --> 00:04:22.220
  • [MUSIC]
  • 00:04:22.230 --> 00:04:26.180
  • JAY SEKULOW: WELCOME
  • 00:04:26.190 --> 00:04:27.260
  • BACK TO THE BROADCAST EVERYONE. FOR A QUARTER OF A CENTURY I'VE
  • 00:04:27.270 --> 00:04:29.120
  • HAD TO PRIVILEGE OF ARGUING SUPREME COURT CASES IN FRONT OF
  • 00:04:29.130 --> 00:04:32.260
  • JUSTICE SCALIA; 25 YEARS. WE'VE HAD 20 CASES; I'VE ARGUED 12 OF
  • 00:04:32.270 --> 00:04:37.260
  • THOSE. FOR 25 YEARS, A QUARTER OF A CENTURY, MY LEGAL CAREER,
  • 00:04:37.270 --> 00:04:40.190
  • YOU COULD TRACK IT BASED ON MY RELATIONSHIP WITH JUSTICE SCALIA
  • 00:04:40.200 --> 00:04:44.230
  • AS FAR AS APPEARING BEFORE HIM. THIS IS A TRAGIC LOSS FOR HIS
  • 00:04:44.240 --> 00:04:48.180
  • FAMILY BUT A TRAGIC LOSS ALSO FOR OUR COUNTRY. AND IT'S GOING
  • 00:04:48.190 --> 00:04:51.150
  • TO BE BIG RAMIFICATIONS. BUT LET ME RESET, I DID SOME OF THIS
  • 00:04:51.160 --> 00:04:55.180
  • YESTERDAY, BUT I WANT TO RESET FOR YOU WHAT THE SITUATION IS.
  • 00:04:55.190 --> 00:04:58.250
  • SO ARTICLE 2, SECTION 2. FIRST OF ALL, LET'S PLAY WHAT THE
  • 00:04:58.260 --> 00:05:01.260
  • PRESIDENT SAYS, HE TALKS ABOUT SCALIA, BUT THEN SAYS HE'S GOING
  • 00:05:01.270 --> 00:05:04.150
  • TO NOMINATE. SO LET'S TAKE A LISTEN TO THIS. PRESIDENT OBAMA:
  • 00:05:04.160 --> 00:05:07.110
  • I PLAN TO FULFILL MY CONSTITUTIONAL RESPONSIBILITIES
  • 00:05:07.120 --> 00:05:10.260
  • TO NOMINATE A SUCCESSOR IN DUE TIME. THERE WILL BE PLENTY OF
  • 00:05:10.270 --> 00:05:14.110
  • TIME FOR ME TO DO SO AND FOR THE SENATE TO FULFILL ITS
  • 00:05:14.120 --> 00:05:17.140
  • RESPONSIBILITY TO GIVE THAT PERSON A FAIR HEARING AND A
  • 00:05:17.150 --> 00:05:21.010
  • TIMELY VOTE. THESE ARE RESPONSIBILITIES THAT I TAKE
  • 00:05:21.020 --> 00:05:23.240
  • SERIOUSLY AS SHOULD EVERYONE. -THERE IS NO OBLIGATION ON THE
  • 00:05:23.250 --> 00:05:26.230
  • UNITED STATE SENATE'S PART TO GIVE ANYBODY A TIMELY VOTE.
  • 00:05:26.240 --> 00:05:29.080
  • BECAUSE LET ME READ TO THE PRESIDENT AND TO YOU ALL SO YOU
  • 00:05:29.090 --> 00:05:31.190
  • KNOW THIS, ARTICLE 2, SECTION 2 OF THE UNITED STATES
  • 00:05:31.200 --> 00:05:35.030
  • CONSTITUTION PROVIDES THE PRESIDENT SHALL HAVE THE POWER,
  • 00:05:35.040 --> 00:05:37.120
  • BY AND WITH THE ADVICE AND CONSENT OF SENATE TO APPOINT
  • 00:05:37.130 --> 00:05:40.100
  • JUDGES OF THE SUPREME COURT. SO THE PRESIDENT HAS THE POWER,
  • 00:05:40.110 --> 00:05:44.000
  • THERE IS NO DOUBT THE PRESIDENT HAS THE POWER TO MAKE THE
  • 00:05:44.010 --> 00:05:46.010
  • APPOINTMENT. HE CAN NOMINATE SOMEONE. THAT'S FINE. WHAT HE
  • 00:05:46.020 --> 00:05:49.220
  • CANNOT DO IS DEMAND THAT THE SENATE GIVE THEM A VOTE. IN
  • 00:05:49.230 --> 00:05:53.140
  • FACT, OR A HEARING, BECAUSE IT'S ALL DONE WITH THE ADVICE AND
  • 00:05:53.150 --> 00:05:56.250
  • CONSENT OF THE UNITED STATES SENATE. AND THAT'S THE REALITY
  • 00:05:56.260 --> 00:06:00.150
  • HERE. AND THAT'S WHAT WE'VE GOT TO INSIST ON, THANN. WE CAN'T
  • 00:06:00.160 --> 00:06:04.250
  • MAKE ANY EXCEPTIONS HERE. WE HAVE TO INSIST ON IT. THANN
  • 00:06:04.260 --> 00:06:07.200
  • BENNETT: YES, AND, IN FACT, JAY, THE CONSTITUTION INSURES THAT IF
  • 00:06:07.210 --> 00:06:10.220
  • THE SENATE DOES NOT LIKE A CANDIDATE OR IF THE SENATE DOES
  • 00:06:10.230 --> 00:06:13.020
  • NOT WANT TO CONSIDER ONE, THEY DON'T HAVE TO. THE PRESIDENT
  • 00:06:13.030 --> 00:06:15.270
  • CAN'T MOVE WITHOUT THEM. PROCEDURALLY, JAY, WE TALKED
  • 00:06:15.280 --> 00:06:18.060
  • ABOUT THIS IN THE BREAK BUT OUR LISTENERS NEED TO KNOW THIS.
  • 00:06:18.070 --> 00:06:20.190
  • THERE ARE MANY, MANY PLACES WHERE THE SENATE CAN STEP UP AND
  • 00:06:20.200 --> 00:06:23.140
  • BLOCK THIS NOMINATION. THEY COULD DO IT BY NOT SCHEDULING
  • 00:06:23.150 --> 00:06:26.000
  • ANY HEARINGS AND THAT WOULD BE AT THE FOOT OF SENATE JUDICIARY
  • 00:06:26.010 --> 00:06:28.210
  • COMMITTEE CHUCK GRASSELY. YOU KNOW WHAT THEY COULD ALSO DO?
  • 00:06:28.220 --> 00:06:31.060
  • LEADER MCCONNELL COULD JUST NOT SEND IT TO THE COMMITTEE IN THE
  • 00:06:31.070 --> 00:06:33.150
  • FIRST PLACE AND THE NOMINATION WOULD NEVER PROCEED TO THE
  • 00:06:33.160 --> 00:06:35.240
  • COMMITTEE. EITHER ONE OF THOSE ACTIONS WOULD STOP THE NOMIATION
  • 00:06:35.250 --> 00:06:38.190
  • IN ITS TRACKS. -THE DUPLICITY HERE IS REALLY UNBELIEVABLE. I
  • 00:06:38.200 --> 00:06:42.050
  • MEAN, YOU'VE GOT TO UNDERSTAND THIS. ROBERT BORK WAS RECALLED
  • 00:06:42.060 --> 00:06:45.050
  • BY THE SENATE JUDICIARY COMMITTEE. WHO SHOULD HAVE BEEN
  • 00:06:45.060 --> 00:06:49.020
  • CONFIRMED AS A JUSTICE OF THE SUPREME COURT OF THE UNITED
  • 00:06:49.030 --> 00:06:51.220
  • STATES AND WOULD HAVE BEEN A FANTASTIC ONE. MIGUEL ESTRADA
  • 00:06:51.230 --> 00:06:55.130
  • GETS BLOCKED BY THE SENATE DEMOCRATS. WE PLAYED FOR YOU IN
  • 00:06:55.140 --> 00:06:59.170
  • THE OPEN WHAT SENATOR SCHUMER SAID ABOUT HIS VIEW ON WHAT
  • 00:06:59.180 --> 00:07:03.270
  • SHOULD HAPPEN WITH PRESIDENT BUSH'S NOMINEES WHEN THERE WERE
  • 00:07:03.280 --> 00:07:06.250
  • 17 ALMOST 18 MONTHS TO GO IN HIS TERM, ALMOST A YEAR AND A HALF.
  • 00:07:06.260 --> 00:07:11.060
  • LISTEN TO THIS, THIS IS WHAT CHUCK SCHUMER SAID, FIRST I'M
  • 00:07:11.070 --> 00:07:15.050
  • GOING TO PLAY FOR YOU WHAT HE SAID ABOUT BLOCKING AND THEN I'M
  • 00:07:15.060 --> 00:07:17.230
  • GOING TO SET IT UP WHAT HE SAID YESTERDAY, OR 2 DAYS AGO. FIRST
  • 00:07:17.240 --> 00:07:21.130
  • HIS BLOCK OF PRESIDENT BUSH'S NOMINEES. CHUCK SCHUMER: THE
  • 00:07:21.140 --> 00:07:25.200
  • SUPREME COURT IS DANGEROUSLY OUT OF BALANCE. WITH RESPECT TO THE
  • 00:07:25.210 --> 00:07:29.060
  • SUPREME COURT, AT LEAST, I WILL RECOMMEND TO MY COLLEAGUES THAT
  • 00:07:29.070 --> 00:07:33.180
  • WE SHOULD NOT CONFIRM ANY BUSH NOMINEE TO THE SUPREME COURT
  • 00:07:33.190 --> 00:07:39.000
  • EXCEPT IN EXTRAORDINARY CIRCUMSTANCES. I WILL DO
  • 00:07:39.010 --> 00:07:43.040
  • EVERYTHING IN MY POWER TO PREVENT 1 MORE IDEOLOGICAL ALLY
  • 00:07:43.050 --> 00:07:48.040
  • FROM JOINING ROBERTS AND ALITO. -SO THAT WAS CHUCK SCHUMER IN
  • 00:07:48.050 --> 00:07:51.230
  • 2007. HERE'S CHUCK SCHUMER NOW: -OUR JOB IS TO GO FORWARD WITH
  • 00:07:51.240 --> 00:07:57.020
  • THE PROCESS AND THEN WE'LL SEE WHAT HAPPENS. -BUT YOU KNOW
  • 00:07:57.030 --> 00:08:00.070
  • IT'S NOT GOING TO HAPPEN. -WELL, NO, I'M NOT SURE THAT'S
  • 00:08:00.080 --> 00:08:02.100
  • TRUE. THE KIND OF OBSTRUCTIONISM THAT MITCH MCCONNELL IS TALKING
  • 00:08:02.110 --> 00:08:06.080
  • ABOUT, HE'S HARKING BACK TO HIS OLD DAYS. RECENTLY HE SAID,
  • 00:08:06.090 --> 00:08:10.060
  • WELL, I WANT REGULAR ORDER. BUT IN 2010, RIGHT AFTER THE
  • 00:08:10.070 --> 00:08:13.230
  • ELECTION OR RIGHT DURING THE ELECTION HE SAID, MY NUMBER ONE
  • 00:08:13.240 --> 00:08:16.040
  • JOB IS TO DEFEAT BARACK OBAMA WITHOUT EVEN KNOWING WHAT BARACK
  • 00:08:16.050 --> 00:08:20.120
  • OBAMA WAS GOING TO PROPOSE. -WELL, HERE YOU GO; YOU TALK
  • 00:08:20.130 --> 00:08:24.070
  • ABOUT A DOUBLE STANDARD, THERE'S YOUR DOUBLE STANDARD. AND,
  • 00:08:24.080 --> 00:08:27.020
  • THANN, WE'VE GOT TO PLAY THAT OVER AND OVER AGAIN BECAUSE I
  • 00:08:27.030 --> 00:08:30.030
  • WANT TO TELL EVERYBODY WHAT'S AT STAKE HERE. THIS IS A BATTLE FOR
  • 00:08:30.040 --> 00:08:33.120
  • THE SUPREME COURT FOR 2 GENERATIONS. SO MY KIDS AND
  • 00:08:33.130 --> 00:08:38.110
  • GRANDKIDS WILL BE LIVING WITH THESE DECISIONS. AND MAY BE
  • 00:08:38.120 --> 00:08:41.050
  • LIVING WITH A LOT OF WHAT, THEY'LL BE INTO MY
  • 00:08:41.060 --> 00:08:44.210
  • GRANDCHILDREN, THINK ABOUT THIS, MY GRANDCHILDREN AGES A COUPLE
  • 00:08:44.220 --> 00:08:49.200
  • OF MONTHS TO 3 YEARS OLD WILL BE LIVING JUSTICES THAT ARE
  • 00:08:49.210 --> 00:08:55.160
  • APPOINTED TO THE SUPREME COURT NOW TILL THEY'RE IN THEIR 30S
  • 00:08:55.170 --> 00:08:58.020
  • AND MAYBE LONGER. THAT'S WHAT WE'RE TALKING ABOUT AND THAT'S
  • 00:08:58.030 --> 00:09:03.000
  • WHAT I'M TALKING ABOUT TO ALL OF YOU AND TO YOUR CHILDREN AND
  • 00:09:03.010 --> 00:09:05.170
  • GRANDCHILDREN. THIS IS THE MOST SIGNIFICANT BATTLE THAT WE ARE
  • 00:09:05.180 --> 00:09:09.240
  • FACING IN OUR COUNTRY RIGHT NOW ON WHAT THE DIRECTION OF THE
  • 00:09:09.250 --> 00:09:13.240
  • COUNTRY WILL BE; IS WHO'S GOING TO BE THE SWING AT THE SUPREME
  • 00:09:13.250 --> 00:09:18.130
  • COURT OF THE UNITED STATES? I THINK IT IS ISSUE #1 IN THE
  • 00:09:18.140 --> 00:09:22.230
  • PRESIDENTIAL CAMPAIGN AND WE CANNOT RISK NOT KNOWING WHO THE
  • 00:09:22.240 --> 00:09:27.230
  • NOMINEE IS WITH A REAL TRACK RECORD. ALRIGHT, WE'RE GOING TO
  • 00:09:27.240 --> 00:09:31.050
  • TAKE SOME PHONE CALLS. THANN, LET ME GET YOUR COMMENTS ON IT.
  • 00:09:31.060 --> 00:09:33.110
  • I THINK THIS IS THE BATTLE. I DON'T THINK THERE IS ANY DOUBT
  • 00:09:33.120 --> 00:09:36.050
  • ABOUT IT. THANN BENNETT: NO QUESTION. AND IT SHOULD BE THE
  • 00:09:36.060 --> 00:09:38.150
  • BATTLE, JAY. IT SHOULD BE A BATTLE THAT'S PUT BEFORE THE
  • 00:09:38.160 --> 00:09:40.130
  • AMERICAN VOTERS. AND JUST SO PEOPLE UNDERSTAND THE SENSE OF
  • 00:09:40.140 --> 00:09:42.250
  • TIMING THERE, THAT SOUND YOU PLAYED FROM CHUCK SCHUMER JUST
  • 00:09:42.260 --> 00:09:45.050
  • NOW THAT WAS A FULL YEAR AND A HALF BEFORE THE END OF PRESIDENT
  • 00:09:45.060 --> 00:09:48.010
  • BUSH'S TERM. WE ARE IN THE LAST YEAR. AND ALSO JUST TO ADD TO
  • 00:09:48.020 --> 00:09:51.060
  • THIS LAYER OF HYPOCRISY, JAY, SENATOR SCHUMER, WHEN JUSTICE
  • 00:09:51.070 --> 00:09:54.010
  • ALITO WAS NOMINATED, HE JOINED THE FILIBUSTER, HE JOINED
  • 00:09:54.020 --> 00:09:57.010
  • HILLARY CLINTON, JOE BIDEN, JOHN KERRY, AND BARACK OBAMA IN
  • 00:09:57.020 --> 00:10:00.240
  • FILIBUSTERING SAMUEL ALITO. SO HE CAN'T HAVE IT BOTH WAYS.
  • 00:10:00.250 --> 00:10:04.000
  • -THEY'RE NOT GETTING IT BOTH WAYS AND WE'RE NOT GOING TO LET
  • 00:10:04.010 --> 00:10:05.260
  • THAT HAPPEN. AGAIN FOLKS, WE'RE JUST SHY OF 10.000, WHICH IS OUR
  • 00:10:05.270 --> 00:10:08.210
  • FIRST MARK. WE WANT TO MARCH IT UP, BUT FOR THANN TO START
  • 00:10:08.220 --> 00:10:11.170
  • MAKING THE PHONE CALLS, OF COURSE, WE'RE ALREADY IN
  • 00:10:11.180 --> 00:10:14.000
  • CONTACT, BUT LETTING THEM KNOW HOW MANY PEOPLE WE'RE HEARING
  • 00:10:14.010 --> 00:10:16.020
  • FROM, LET'S GO TO IKE WHO'S CALLING FROM WHITE PLAINS,
  • 00:10:16.030 --> 00:10:18.120
  • MARYLAND. HI, IKE. -GOD BLESS YOU, JAY, AND ALL THAT YOU DO
  • 00:10:18.130 --> 00:10:22.070
  • AND YOUR CREW. -THANK YOU, SIR. -YES, SIR. THE PRESIDENT HAS
  • 00:10:22.080 --> 00:10:26.240
  • HIS PAST TRACK RECORDS SHOW THAT HE HAS MADE RUNS AROUND THE
  • 00:10:26.250 --> 00:10:33.270
  • CONGRESS AND SENATE. WHAT'S TO STOP HIM FROM DOING IT THIS
  • 00:10:33.280 --> 00:10:36.240
  • TIME? -THE UNITED STATES CONSTITUTION IS WHAT STOPS HIM.
  • 00:10:36.250 --> 00:10:40.080
  • BECAUSE YOU CANNOT DO AN EXECUTIVE ACTION APPOINTMENT OF
  • 00:10:40.090 --> 00:10:44.000
  • A SUPREME COURT JUSTICE. YOU COULD DO A RECESS APPOINTMENT
  • 00:10:44.010 --> 00:10:46.160
  • BUT THAT WOULD ONLY BE GOOD FOR A YEAR. BUT LET ME, AGAIN, IT IS
  • 00:10:46.170 --> 00:10:49.230
  • WITH THE ADVICE AND CONSENT OF THE UNITED STATES SENATE,
  • 00:10:49.240 --> 00:10:52.090
  • ARTICLE 2, SECTION 2 OF THE UNITED STATES CONSTITUTION. THAT
  • 00:10:52.100 --> 00:10:55.210
  • IS WHAT WE'RE RELYING ON. IN FACT, I'M GOING TO HAVE A MEMO
  • 00:10:55.220 --> 00:11:01.040
  • DONE THAT WE'LL POST IN THE NEXT COUPLE OF DAYS ON WHAT ADVICE
  • 00:11:01.050 --> 00:11:03.150
  • AND CONSENT MEANS. AND I'LL HAVE THAT TOMORROW FOR RADIO; THE
  • 00:11:03.160 --> 00:11:07.020
  • DEFINITIONS OF WHAT ADVICE AND CONSENT HAVE MEANT. IT'S CRYSTAL
  • 00:11:07.030 --> 00:11:10.260
  • CLEAR. BUT THIS IS WHAT WE HAVE TO DO. WE HAVE NO CHOICE. WE
  • 00:11:10.270 --> 00:11:14.070
  • HAVE NO OPTION. THIS IS WHAT WE HAVE TO DO. AND WE'RE GOING TO
  • 00:11:14.080 --> 00:11:16.140
  • DO IT. THE DEGREE OF ADVICE AND CONSENT IS NOT JUST ROLL OVER.
  • 00:11:16.150 --> 00:11:21.040
  • WE NEED TO EXPLAIN THE PROCESS TO EVERYONE, THANN, BECAUSE
  • 00:11:21.050 --> 00:11:23.130
  • THERE ARE MULTIPLE WAYS TO STOP THIS AND WE COULD JUST STOP IT
  • 00:11:23.140 --> 00:11:26.050
  • BY NOT IMPANELING A COMMITTEE OR A HEARING, PERIOD. -THAT'S
  • 00:11:26.060 --> 00:11:29.140
  • RIGHT. YOU DON'T HAVE TO REFER THE NOMINATION TO THE COMMITTEE
  • 00:11:29.150 --> 00:11:32.190
  • IN THE FIRST PLACE, JAY, OR YOU COULD NOT HAVE A HEARING. AND
  • 00:11:32.200 --> 00:11:35.150
  • LISTEN, IF THIS VACANCY HAD OCCURRED AT THE BEGINNING OF
  • 00:11:35.160 --> 00:11:38.070
  • PRESIDENT OBAMA'S TERM, THE NOMINEE WOULD GET A HEARING. BUT
  • 00:11:38.080 --> 00:11:41.040
  • AN INTERVENING EVENT HAS HAPPENED SINCE THEN. THE
  • 00:11:41.050 --> 00:11:43.250
  • AMERICAN PEOPLE WENT TO THE POLLS AND THEY SENT A REPUBLICAN
  • 00:11:43.260 --> 00:11:46.070
  • SENATE TO THE UNITED STATES SENATE TO BLOCK THESE SORTS OF
  • 00:11:46.080 --> 00:11:49.100
  • THINGS. SO, NO, TO SUSANNE'S POINT THAT YOU JUST READ, JAY,
  • 00:11:49.110 --> 00:11:53.130
  • SHE IS RIGHT. THIS IS ON SENATE REPUBLICANS. THIS IS NOT IN
  • 00:11:53.140 --> 00:11:56.070
  • PRESIDENT OBAMA'S HANDS. HE'S GOING TO NOMINATE. IT IS UP TO
  • 00:11:56.080 --> 00:11:58.280
  • SENATE REPUBLICANS TO STAND IN THE WAY. -AND WE'RE GOING TO
  • 00:11:58.290 --> 00:12:01.180
  • FIGHT BACK, FOLKS, WE'RE TAKING MORE OF YOUR CALLS. LET'S GO TO
  • 00:12:01.190 --> 00:12:03.210
  • BILL WHO'S CALLING IN GREERS FERRY, AK ON LINE TWO. HI, BILL.
  • 00:12:03.220 --> 00:12:06.210
  • -YES, JAY. HILLARY CLINTON SAID THAT IF SHE GOT THE PRESIDENCY
  • 00:12:06.220 --> 00:12:11.010
  • SHE MAY GO AHEAD AND NOMINATE OBAMA FOR THE SUPREME COURT. DO
  • 00:12:11.020 --> 00:12:16.010
  • YOU THINK THAT OBAMA MAY, KNOWING THAT SHE SAID THAT, THAT
  • 00:12:16.020 --> 00:12:21.100
  • HE'LL WAIT ON DOWN THE LINE AND SEE WHERE SHE'S AT IN THE
  • 00:12:21.110 --> 00:12:23.270
  • ELECTION FIELD, AND HOLD OFF IN NOMINATING SOMEBODY AND WAIT TO
  • 00:12:23.280 --> 00:12:29.020
  • SEE IF SHE GETS IT? -NO, HE'S GOING TO NOMINATE. I MEAN, HE'S
  • 00:12:29.030 --> 00:12:31.230
  • GOING TO TRY TO FILL THE VACANCY. THERE HAS BEEN HISTORIC
  • 00:12:31.240 --> 00:12:34.030
  • PRECEDENT. TAFT, IT WAS TAFT, YEAH, SERVED AS PRESIDENT OF THE
  • 00:12:34.040 --> 00:12:41.040
  • UNITED STATES AND THEN WENT TO THE SUPREME COURT AS CHIEF
  • 00:12:41.050 --> 00:12:42.200
  • JUSTICE AND SAID THAT WAS HIS FAVORITE JOB, WAS BEING A
  • 00:12:42.210 --> 00:12:45.220
  • JUSTICE ON THE SUPREME COURT. HE LIKED IT BETTER THAN BEING
  • 00:12:45.230 --> 00:12:48.070
  • PRESIDENT. BUT, NO, THE PRESIDENT IS NOT GOING TO WAIT
  • 00:12:48.080 --> 00:12:50.050
  • TO KEEP THE VACANCY OPEN SO HE MIGHT BE APPOINTED. THAT DOESN'T
  • 00:12:50.060 --> 00:12:52.250
  • STOP HILLARY CLINTON, IF THERE IS ANOTHER VACANCY, AND CHANCES
  • 00:12:52.260 --> 00:12:55.040
  • ARE WHOEVER IS THE NEXT PRESIDENT, THERE WILL BE A
  • 00:12:55.050 --> 00:12:58.020
  • VACANCY, OR 2. SO I MEAN, WE ARE TALKING ABOUT THE CONTROL OF THE
  • 00:12:58.030 --> 00:13:01.120
  • SUPREME COURT OF THE UNITED STATES HERE, FOLKS, FOR THE REST
  • 00:13:01.130 --> 00:13:03.280
  • OF OUR LIVES. NOW I WANT TO TELL YOU SOMETHING, I FOUND SOLACE
  • 00:13:03.290 --> 00:13:06.230
  • STANDING BEFORE ANTONIN SCALIA, A CHAMPION FOR THE CONSTITUTION,
  • 00:13:06.240 --> 00:13:14.080
  • A CHAMPION FOR LIBERTY. YOU KNOW, HE WAS A FIGURE LARGER
  • 00:13:14.090 --> 00:13:20.170
  • THAN LIFE. HIS OPINIONS, I'M GOING TO BRING ONE IN AFTER THIS
  • 00:13:20.180 --> 00:13:24.220
  • BREAK, I'M GOING TO BRING ONE IN WHAT HE WROTE ON ONE OF THE
  • 00:13:24.230 --> 00:13:27.000
  • OPINIONS I HAD AND SHOW IT. JUST A LARGER THAN LIFE FIGURE. WE'VE
  • 00:13:27.010 --> 00:13:32.210
  • LOST A REAL HERO OF THE CONSTITUTION, A REAL PATRIOT.
  • 00:13:32.220 --> 00:13:37.080
  • THE PRESIDENT WANTS A SHOWDOWN AT THE SUPREME COURT AND WE'RE
  • 00:13:37.090 --> 00:13:40.020
  • GOING TO HAVE TO MEET THAT SHOWDOWN AND YOU'RE GOING TO
  • 00:13:40.030 --> 00:13:42.280
  • HELP US DO IT. WE'RE GOING TO STOP THIS. THE PRESIDENT HAS THE
  • 00:13:42.290 --> 00:13:45.220
  • RIGHT TO NOMINATE. THE SENATE HAS THE RIGHT TO SAY NO. ADD
  • 00:13:45.230 --> 00:13:48.280
  • YOUR VOICE TO THIS IMPORTANT BATTLE FOR LIBERTY, FOR FREEDOM,
  • 00:13:48.290 --> 00:13:54.190
  • TO STOP A SUPREME COURT NOMINEE WHICH WILL CONTROL THE COURT FOR
  • 00:13:54.200 --> 00:13:57.010
  • A GENERATION. WE'VE GOT A LOT MORE AHEAD INCLUDING AN ANALYSIS
  • 00:13:57.020 --> 00:14:00.030
  • OF WHAT THE DEATH OF JUSTICE SCALIA MEANS TO THE SUPREME
  • 00:14:00.040 --> 00:14:03.180
  • COURT.
  • 00:14:03.190 --> 00:14:09.040
  • JAY SEKULOW: ALRIGHT, WE'RE BACK FOR A RAPID FIRE
  • 00:14:09.050 --> 00:14:10.120
  • ROUND. THAT MEANS YOU GET TO ASK THE QUESTIONS AND WE ANSWER THEM
  • 00:14:10.130 --> 00:14:12.050
  • QUICKLY. WE'VE GOT A COUPLE OF LINES OPEN FOR YOU
  • 00:14:12.060 --> 00:14:14.030
  • 1-800-684-3110, 1-800-684-3110. THANN, WHAT'S THE ATMOSPHERE IN
  • 00:14:14.040 --> 00:14:18.240
  • WASHINGTON RIGHT NOW? THANN BENNETT: WELL, THIS CERTAINLY
  • 00:14:18.250 --> 00:14:22.060
  • INJECTED A LOT MORE DRAMA, JAY. THE SENATE IS NOT EVEN HERE YET
  • 00:14:22.070 --> 00:14:24.220
  • BUT YET YOU'RE GETTING A LOT OF COMMENTS. WHEN THEY GET BACK,
  • 00:14:24.230 --> 00:14:27.220
  • YOU CAN BET THIS IS GOING TO BE THE FIRST THING UP ON THEIR
  • 00:14:27.230 --> 00:14:29.210
  • AGENDA. -I'LL TELL YOU THIS, I THINK THAT THIS IS GOING TO BE.
  • 00:14:29.220 --> 00:14:34.090
  • WE'RE GOING TO GET AN ANNOUNCEMENT NEXT WEEK, I
  • 00:14:34.100 --> 00:14:35.280
  • BELIEVE, FROM THE PRESIDENT. SO BUCKLE YOUR SEATBELTS FOLKS.
  • 00:14:35.290 --> 00:14:38.100
  • THIS IS GOING TO BE SOME RIDE. LET'S GO AHEAD BACK TO THE
  • 00:14:38.110 --> 00:14:40.190
  • PHONES. WE'VE GOT TRAVIS CALLING FROM MONTANA ON LINE SIX. HI,
  • 00:14:40.200 --> 00:14:43.190
  • TRAVIS. -HI, JAY. THANKS FOR TAKING MY CALL. -SURE. -CRAZY
  • 00:14:43.200 --> 00:14:48.140
  • QUESTION: IT SEEMS LIKE WE'RE GOING WAY OFF DIRECTION SAYING
  • 00:14:48.150 --> 00:14:52.050
  • DON'T CONSIDER ANY NOMINATIONS. WHAT IF PRESIDENT OBAMA DOES
  • 00:14:52.060 --> 00:14:55.060
  • SOMETHING NONE OF US EXPECT, WHAT IF HE NOMINATES JAY
  • 00:14:55.070 --> 00:14:57.260
  • SEKULOW? I MEAN, WHAT IF HE GOES IN A DIRECTION WE MIGHT WANT?
  • 00:14:57.270 --> 00:15:01.120
  • -YOU KNOW WHAT? IF HE NOMINATES JAY SEKULOW, WHICH HE WON'T, BUT
  • 00:15:01.130 --> 00:15:04.190
  • IF HE DID DO YOU KNOW WHAT I WOULD SAY? DON'T HAVE A HEARING.
  • 00:15:04.200 --> 00:15:07.240
  • DON'T HAVE A COMMITTEE MEETING. DON'T DO IT. FIRST OF ALL, COULD
  • 00:15:07.250 --> 00:15:11.180
  • YOU IMAGINE, [LAUGHTER] I DON'T EVEN WANT TO GO THERE. BUT I
  • 00:15:11.190 --> 00:15:14.200
  • APPRECIATE THE COMPLIMENT, TRAVIS. BUT NO, I THINK THIS IS
  • 00:15:14.210 --> 00:15:18.020
  • A NO, NO MATTER WHO IT IS, WE SAY NO. THERE'S AN ELECTION JUST
  • 00:15:18.030 --> 00:15:21.290
  • DAYS AWAY, REALLY, MONTHS AWAY. CATHY ON FACEBOOK SAID WHO WOULD
  • 00:15:22.000 --> 00:15:26.230
  • BE A GOOD NOMINEE? OH, THERE'S A WHOLE HOST OF JUDGES ON THE
  • 00:15:26.240 --> 00:15:29.020
  • COURT OF APPEALS AND OTHERS OUTSIDE THE COURT THAT I COULD
  • 00:15:29.030 --> 00:15:32.210
  • RECOMMEND. I COULD GIVE YOU A WHOLE LIST BUT WE'LL SAVE THAT
  • 00:15:32.220 --> 00:15:35.000
  • FOR ANOTHER DAY. THERE ARE PLENTY BUT NONE THAT THE
  • 00:15:35.010 --> 00:15:37.130
  • PRESIDENT WOULD SELECT, HOWEVER. LET'S GO EUGENE FROM NEW YORK
  • 00:15:37.140 --> 00:15:40.020
  • CITY, LINE 3. -HI, JAY. -HI, SIR. -I JUST WANT TO SAY THANKS
  • 00:15:40.030 --> 00:15:44.210
  • FOR EVERYTHING YOU DO. GOD BLESS YOU AND YOUR FAMILY. -THANKS.
  • 00:15:44.220 --> 00:15:46.250
  • -JAY, HERE'S MY QUESTION: IS THERE ANYTHING THIS PRESIDENT
  • 00:15:46.260 --> 00:15:48.250
  • CAN DO WITH EXECUTIVE ORDER OR EXECUTIVE BRANCH ACTION IN ORDER
  • 00:15:48.260 --> 00:15:53.060
  • TO EXTORT, BLACKMAIL, OR TRY TO PUSH THE SENATE? -NOT
  • 00:15:53.070 --> 00:15:56.220
  • BLACKMAIL, NOT EXTORT, BUT, THANN, THE PRESIDENT COULD DO A
  • 00:15:56.230 --> 00:15:59.290
  • RECESS APPOINTMENT. IT'S ONLY GOOD FOR A YEAR. IT'S NOT HIS
  • 00:16:00.020 --> 00:16:02.150
  • FIRST CHOICE, BUT HE COULD TRY IT. BUT THE SENATE BETTER NOT GO
  • 00:16:02.160 --> 00:16:04.240
  • IN RECESS. THAT WOULD BE THE SAFEST THING. -YEAH, HE COULD
  • 00:16:04.250 --> 00:16:07.150
  • DO A RECESS APPOINTMENT THIS WEEK OR HE COULD ALSO LOOK AT
  • 00:16:07.160 --> 00:16:09.280
  • THAT INTERVENING PERIOD AFTER ELECTION BUT AGAIN, I THINK THE
  • 00:16:09.290 --> 00:16:12.130
  • SIMPLE ANSWER TO THIS, IS NO. AND THE POLITICAL PRESSURE WILL
  • 00:16:12.140 --> 00:16:16.070
  • BE EXTREME. THE SENATE HAS THE CONSTITUTIONAL RIGHT, JAY, TO
  • 00:16:16.080 --> 00:16:18.220
  • BLOCK THIS. -THE VERY FIRST CASE I ARGUED AT THE SUPREME
  • 00:16:18.230 --> 00:16:21.260
  • COURT OF THE UNITED STATES WAS THE BOARD OF AIRPORT
  • 00:16:21.270 --> 00:16:24.130
  • COMMISSIONERS AGAINST JEWS FOR JESUS 25 YEARS AGO, MORE THAN
  • 00:16:24.140 --> 00:16:27.230
  • THAT, BEFORE JUSTICE SCALIA. HE HAD A LOT OF QUESTIONS IN THAT
  • 00:16:27.240 --> 00:16:30.290
  • CASE. HERE'S ONE OF THEM: -MR. SEKULOW, WOULD YOU EXPLAIN TO
  • 00:16:31.000 --> 00:16:33.200
  • ME, BECAUSE I REALLY DON'T UNDERSTAND THIS FROM YOUR
  • 00:16:33.210 --> 00:16:36.050
  • ARGUMENT, WHAT IS IT THAT MAKES A PUBLIC FORUM SPECIAL AS
  • 00:16:36.060 --> 00:16:42.240
  • OPPOSED TO ANY PUBLIC BUILDING? BECAUSE AS I UNDERSTAND YOUR
  • 00:16:42.250 --> 00:16:46.070
  • ARUGMENT, I THINK WHAT IT BOILS DOWN TO SAYING IS THAT ANY
  • 00:16:46.080 --> 00:16:49.010
  • PUBLIC BUILDING MUST BE ALLOWED TO BE USED FOR FREE SPEECH
  • 00:16:49.020 --> 00:16:55.230
  • ACTIVITIES TO THE EXTENT THAT SUCH ACTIVITIES ARE NOT
  • 00:16:55.240 --> 00:16:59.040
  • INCOMPATIBLE WITH THE OTHER USES OF THE BUILDING. NOW IF YOU
  • 00:16:59.050 --> 00:17:03.270
  • ADOPT THAT AS A PRINCIPLE, WHY DO YOU NEED A PUBLIC FORUM
  • 00:17:03.280 --> 00:17:07.140
  • DOCUMENT? YOU DON'T NEED IT. DOESN'T IT TOTALLY GOBBLE UP THE
  • 00:17:07.150 --> 00:17:10.160
  • CONCEPT THAT THERE ARE SOME PUBLIC BUILDINGS WHERE YOU
  • 00:17:10.170 --> 00:17:15.190
  • CANNOT, YOU DON'T EVEN HAVE TO HAVE REASONABLE TIME, PLACE AND
  • 00:17:15.200 --> 00:17:18.230
  • MANNER RESTRICTIONS? -YOUR HONOR, ONE IMPORTANT ELEMENT OF
  • 00:17:18.240 --> 00:17:21.170
  • OUR ANALYSIS ON THIS COMPATIBILITY ISSUE IS THAT
  • 00:17:21.180 --> 00:17:24.070
  • THERE IS GENERAL ACCESS OPEN TO THE PUBLIC AND, LET'S TAKE AN
  • 00:17:24.080 --> 00:17:28.060
  • OFFICE BUILDING AS A GOOD EXAMPLE, YOU HAVE AN OFFICE
  • 00:17:28.070 --> 00:17:30.150
  • BUILDING, NARROW CORRIDORS, AN ARGUMENT CAN BE MADE THAT THE
  • 00:17:30.160 --> 00:17:34.260
  • ACTIVITIES TAKING PLACE INSIDE AN OFFICE BUILDING MAY NOT BE
  • 00:17:34.270 --> 00:17:38.040
  • COMPATIBLE, MAY NOT BE COMPATIBLE WITH THE EFFICIENT
  • 00:17:38.050 --> 00:17:41.150
  • OPERATION OF THAT PARTICULAR FACILITY. BUT IT'S THAT GENERAL
  • 00:17:41.160 --> 00:17:44.110
  • PUBLIC ACCESS COUPLED WITH THE COMPATIBILITY. -BUT EVEN IN A
  • 00:17:44.120 --> 00:17:47.150
  • PUBLIC FORUM, YOU ARE ALLOWED TO PLACE SUCH RESTRICTIONS AS ARE
  • 00:17:47.160 --> 00:17:52.030
  • NECESSARY TO MAKE THE SPEECH COMPATIBLE WITH WHATEVER ELSE IS
  • 00:17:52.040 --> 00:17:56.140
  • GOING ON THERE. -THAT'S CORRECT. -IN A PARK, AND SO
  • 00:17:56.150 --> 00:17:59.150
  • FORTH. SO THEN WHAT DIFFERENCE IS THERE BETWEEN A PUBLIC FORUM
  • 00:17:59.160 --> 00:18:02.240
  • AND A NON-PUBLIC FORUM IN YOUR VIEW OF THE WORLD? -A
  • 00:18:02.250 --> 00:18:06.200
  • NON-PUBLIC FORUM, ARGUMENTS HAVE BEEN MADE REGARDING A NON-PUBLIC
  • 00:18:06.210 --> 00:18:10.010
  • FORUM CONCERNING THE INTERNAL MAIL SCHOOL SYSTEMS. IT'S THAT
  • 00:18:10.020 --> 00:18:13.210
  • PUBLIC ACCESS THAT WAS LACKING, YOUR HONOR, IN THAT PARTICULAR
  • 00:18:13.220 --> 00:18:16.120
  • SITUATION, AND MANY OTHERS. THERE ARE ALSO CASES LIKE GREER
  • 00:18:16.130 --> 00:18:19.080
  • V. SPOCK. THERE ARE SPECIAL FUNCTIONS OF FACILITIES,
  • 00:18:19.090 --> 00:18:22.290
  • MILITARY BASES, WHERE THAT SPECIAL CONSTITUTIONAL FUNCTION,
  • 00:18:23.000 --> 00:18:25.210
  • AS THIS COURT DETERMINES, THAT SPECIAL CONSTITUTIONAL FUNCTION
  • 00:18:25.220 --> 00:18:28.130
  • JUSTIFIES CONCERN FOR NATIONAL SECURITY, JUSTIFIES A NATIONAL
  • 00:18:28.140 --> 00:18:32.210
  • DEFENSE, THE REGULATION, OR ELIMINATION IN SOME CASES, OF
  • 00:18:32.220 --> 00:18:37.010
  • 1ST AMENDMENT ACTIVITIES FROM TAKING PLACE. WE'RE NOT SAYING
  • 00:18:37.020 --> 00:18:39.170
  • THAT ALL FACILITIES ARE PUBLIC FORUMS OPEN TO EVERYONE. WHAT WE
  • 00:18:39.180 --> 00:18:43.020
  • ARE SAYING IS WHEN YOU HAVE THAT COMPATIBILITY AND GENERAL PUBLIC
  • 00:18:43.030 --> 00:18:46.010
  • ACCESS, THAT IS WHAT WE'RE SAYING IS PART OF THE KEY. THAT
  • 00:18:46.020 --> 00:18:49.090
  • COMPATIBILITY AND ACCESS. THAT'S A BALANCING. THE PUBLIC FORUM
  • 00:18:49.100 --> 00:18:52.220
  • ISSUE IS ON A SPECTRUM. OUR POSITION IS THAT LAX, ON THE
  • 00:18:52.230 --> 00:18:57.040
  • SPECTRUM OF PUBLIC FORUM, IS CLOSER TO A STREET, SIDEWALK OR
  • 00:18:57.050 --> 00:19:02.020
  • A PARK THAN IT IS TO A MILITARY BASE OR A PRISON. SO THERE YOU
  • 00:19:02.030 --> 00:19:06.210
  • HAVE IT. AGAIN, 9-0 IN THAT CASE, BY THE WAY, JUSTICE
  • 00:19:06.220 --> 00:19:10.230
  • OCONNOR WROTE THE OPINION BUT THAT WAS A GOOD OPINION. IT WAS
  • 00:19:10.240 --> 00:19:14.050
  • JUSTICE SCALIA. JAY IS CALLING FROM FAIRFAX, VA ON LINE 5. HI,
  • 00:19:14.060 --> 00:19:17.160
  • JAY. -HEY, HERE'S ANOTHER NOMINEE THAT OBAMA WON'T PICK IS
  • 00:19:17.170 --> 00:19:21.180
  • ROY MOORE, WHO I THINK IS GREAT. -NOBODY THAT YOU WOULD THINK
  • 00:19:21.190 --> 00:19:26.110
  • WILL BE NOMINATED. EVERYBODY THAT'S LISTENING TO ME, UNLESS
  • 00:19:26.120 --> 00:19:30.060
  • THOSE OF YOU THAT ARE DEMOCRATS THAT ARE LISTENING, OR I SHOULD
  • 00:19:30.070 --> 00:19:32.180
  • SAY THOSE THAT LIKE THE PRESIDENT'S JUDICIAL PHILOSOPHY
  • 00:19:32.190 --> 00:19:35.150
  • MAY BE MORE APPROPRIATE, MAYBE YOU HAVE SOME, BUT FOR MOST OF
  • 00:19:35.160 --> 00:19:38.000
  • THE CONSERVATIVES LISTENING, THERE IS NOT A NAME, JAY, THAT
  • 00:19:38.010 --> 00:19:40.140
  • YOU'RE GOING TO COME UP WITH WHICH IS GOING TO BE ON
  • 00:19:40.150 --> 00:19:42.090
  • ANYBODY'S SHORT, MEDIUM, OR LONG LIST. BUT GO AHEAD. -RIGHT.
  • 00:19:42.100 --> 00:19:45.230
  • ALSO, CAN THE COURT AFFECTIVELY FUNCTION AND TAKE ARGUMENTS WITH
  • 00:19:45.240 --> 00:19:51.070
  • WHAT THEY HAVE ON THE COURT AND I'D ALSO LIKE TO SAY. -YES.
  • 00:19:51.080 --> 00:19:55.150
  • WELL, LET ME ANSWER THAT QUESTION FIRST, WITH 8 JUSTICES,
  • 00:19:55.160 --> 00:19:57.140
  • YES, THE COURT CAN STILL HEAR CASES BUT THE CHIEF JUSTICE CAN
  • 00:19:57.150 --> 00:20:00.240
  • DECIDE TO HOLD SOME OF THOSE BIGGER CASES OVER IF HE THINKS
  • 00:20:00.250 --> 00:20:03.250
  • IT IS NECESSARY. SO THAT'S THE REASON, BUT GO AHEAD WITH YOUR
  • 00:20:03.260 --> 00:20:08.100
  • NEXT QUESTION. -OH, IT WAS MORE OF A COMMENT, I'D JUST LIKE TO
  • 00:20:08.110 --> 00:20:10.190
  • SAY IN ITALIAN, DIO TI BENEDICA TO THE SCALIA FAMILY, WHICH
  • 00:20:10.200 --> 00:20:15.000
  • MEANS GOD BLESS YOU. -THAT'S VERY NICE, THANK YOU VERY MUCH.
  • 00:20:15.010 --> 00:20:17.170
  • AND WE'LL SHARE THAT WITH THEM THIS WEEK. ROB STEWART ON
  • 00:20:17.180 --> 00:20:20.210
  • FACEBOOK WRITES WHY DON'T WE THE PEOPLE VOTE FOR SUPREME COURT
  • 00:20:20.220 --> 00:20:23.080
  • JUSTICES? BECAUSE THE CONSTITUTION GIVES THEM LIFE
  • 00:20:23.090 --> 00:20:25.110
  • TENURE, WHICH I ACTUALLY THINK IT'S THE RIGHT THING; GETS THEM
  • 00:20:25.120 --> 00:20:27.230
  • OUTSIDE THE POLITICAL REALM. WE COULD TALK ABOUT THAT ANOTHER
  • 00:20:27.240 --> 00:20:30.140
  • DAY THIS WEEK AND WE WILL. LET ME TRY TO GRAB ANOTHER QUESTION
  • 00:20:30.150 --> 00:20:33.060
  • HERE. JACKIE IS CALLING FROM PENNSYLVANIA. HI, JACKIE. -HI.
  • 00:20:33.070 --> 00:20:36.080
  • -YES, MA'AM. -MY QUESTION IS IN REGARDS TO WHEN THIS HAPPENED
  • 00:20:36.090 --> 00:20:40.260
  • BACK IN THE EARLY 60S. -YEAH, THE 1960S. -YEAH, AND THE
  • 00:20:40.270 --> 00:20:46.150
  • DEMOCRATIC SENATE PASSED A RESOLUTION THAT THERE SHOULDN'T
  • 00:20:46.160 --> 00:20:49.290
  • BE ANY APPOINTMENTS IN THE LAST YEAR. -SO HERE'S WHAT HAPPENED.
  • 00:20:50.000 --> 00:20:54.070
  • IT WAS A SENSE OF CONGRESS, RESOLUTION WAS PASSED THAT THE
  • 00:20:54.080 --> 00:20:57.020
  • PRESIDENT, BECAUSE PRESIDENT EISENHOWER HAD MADE A SERIES OF
  • 00:20:57.030 --> 00:21:02.000
  • RECESS APPOINTMENTS THAT ULTIMATELY WERE CONFIRMED. SO
  • 00:21:02.010 --> 00:21:04.270
  • THE SENATE DEMOCRATS, WITH I THINK ONLY 3 DEMOCRATS VOTING
  • 00:21:04.280 --> 00:21:09.120
  • NO, PASSED A SENSE OF THE HOUSE, SENATE RESOLUTION SAYING THAT
  • 00:21:09.130 --> 00:21:13.230
  • THE PRESIDENT SHOULD NOT SEEK A RECESS APPOINTMENT. SO, THANN,
  • 00:21:13.240 --> 00:21:17.260
  • THEY'VE BEEN BEATING THIS DRUM FOR AFFECTIVELY 60 YEARS.
  • 00:21:17.270 --> 00:21:22.060
  • -REPEATEDLY JAY. -MORE THAN THAT. -WHENEVER THE SHOE WAS ON
  • 00:21:22.070 --> 00:21:25.110
  • THE OTHER FOOT THEY HAVE SUPPORTED A LAST YEAR LULL IN
  • 00:21:25.120 --> 00:21:29.090
  • THESE NOMINATIONS. AND YOU DON'T HAVE TO GO ALL THE BACK TO 1960.
  • 00:21:29.100 --> 00:21:32.010
  • I LIKE THE POINT BECAUSE THEY DID PASS THAT RESOLUTION. JUST
  • 00:21:32.020 --> 00:21:34.260
  • GO BACK TO 2007. CHUCK SCHUMER SAID IN BASICALLY THIS EXACT
  • 00:21:34.270 --> 00:21:38.180
  • SITUATION EXCEPT WITH MORE TIME TO CONSIDER IT, HE SAID THAT IT
  • 00:21:38.190 --> 00:21:42.110
  • SHOULD NOT PROCEED. SO WHEN THE SHOE IS ON THE OTHER FOOT, THE
  • 00:21:42.120 --> 00:21:44.250
  • DEMOCRATS ALSO THINK THAT AN ELECTION SHOULD INTERVENE. BUT
  • 00:21:44.260 --> 00:21:47.190
  • WHEN THEY LIKE THE PRESIDENT, THEY THINK IT SHOULD GO FORWARD.
  • 00:21:47.200 --> 00:21:49.190
  • -ALRIGHT, WE'RE GOING TO GRAG ONE LAST CALL HERE. SHERI IS
  • 00:21:49.200 --> 00:21:51.070
  • CALLING FROM CALIFORNIA. HI, SHERI. -HI, JAY. THANK YOU SO
  • 00:21:51.080 --> 00:21:54.100
  • MUCH FOR FIGHTING FOR US. I JUST HAVE QUICK QUESTION. -YEP. -I
  • 00:21:54.110 --> 00:21:57.110
  • SIGNED THE PETITION. -GREAT. -I JUST WANT TO KNOW IF YOU CAN
  • 00:21:57.120 --> 00:22:00.140
  • EXPLAIN TO US VIEWERS HOW THAT HELPS. -ALRIGHT, SO THAT'S A
  • 00:22:00.150 --> 00:22:04.130
  • GREAT QUESTION. I'M GOING TO ANSWER AND WE'LL LET THANN
  • 00:22:04.140 --> 00:22:06.050
  • ANSWER. BUT HERE'S WHAT IT DOES: WE BECOME, COLLECTIVELY, ONE
  • 00:22:06.060 --> 00:22:09.070
  • PERSON MAKING A CALL IS IMPORTANT, IT'S NOT THE SAME
  • 00:22:09.080 --> 00:22:12.090
  • THING AS 150.000 PEOPLE FROM ALL 50 STATES THAT WE THEN LET
  • 00:22:12.100 --> 00:22:16.160
  • CONGRESS OR THE SENATE OR THE JUDICIARY COMMITTEE IN THIS CASE
  • 00:22:16.170 --> 00:22:19.210
  • KNOW EXACTLY WHERE YOU ARE. SO WE BECOME YOUR VOICE, YOUR ECHO
  • 00:22:19.220 --> 00:22:23.030
  • CHAMBER IF YOU WILL, INSIDE THE SENATE, INSIDE THE COURTS WHEN
  • 00:22:23.040 --> 00:22:26.220
  • WE FILE CASES, INSIDE THE HOUSE. AND THANN, SO IT MAKES A HUGE,
  • 00:22:26.230 --> 00:22:30.250
  • HUGE DIFFERENCE. -ESPECIALLY WHEN THE POLITICAL PRESSURE IS
  • 00:22:30.260 --> 00:22:33.130
  • GOING TO BE AS BIG AS IT IS THIS TIME, JAY. I MEAN, THINK ABOUT
  • 00:22:33.140 --> 00:22:35.230
  • IT THIS WAY. ALONG WITH THAT HUGE NUMBER YOU TALKED ABOUT, WE
  • 00:22:35.240 --> 00:22:39.120
  • CAN ALSO TAKE ALL OF KENTUCKY'S SIGNERS AND SEND THEM TO LEADER
  • 00:22:39.130 --> 00:22:42.290
  • MCCONNELL AND SAY YOUR VOTERS DON'T WANT YOU TO MOVE FORWARD
  • 00:22:43.000 --> 00:22:45.100
  • ON THIS. WE CAN TAKE ALL OF THE IOWA SIGNERS AND SEND THOSE TO
  • 00:22:45.110 --> 00:22:48.220
  • CHUCK GRASSLEY AND SAY WE DO NOT WANT A HEARING HELD. WE CAN TAKE
  • 00:22:48.230 --> 00:22:52.050
  • ALL OF THE NEW HAMPSHIRE SIGNERS AND SEND THEM TO KELLY AYOTTE
  • 00:22:52.060 --> 00:22:55.020
  • AND SAY YOUR VOTERS ARE BEHIND YOU IF YOU STAND WITH US. WHEN
  • 00:22:55.030 --> 00:22:58.120
  • YOU'RE TALKING ABOUT SOMETHING THAT IS GOING TO BE AS
  • 00:22:58.130 --> 00:23:00.230
  • POLITICALLY HOT AS THIS, JAY, WIDE NUMBERS IN REPRESENTATION
  • 00:23:00.240 --> 00:23:04.010
  • FROM ALL OF THE STATES MAKES A HUGE DIFFERENCE. WELL, THAT'S
  • 00:23:04.020 --> 00:23:07.090
  • GOING TO DO IT FOR THIS BROADCAST THIS WEEK. LET ME
  • 00:23:07.100 --> 00:23:09.030
  • ENCOURAGE YOU TO JOIN ME, JOIN MY FAMILY IN PRAYER FOR THE
  • 00:23:09.040 --> 00:23:12.250
  • SCALIA FAMILY. AS I SAID DURING THIS BROADCAST, I'VE KNOWN
  • 00:23:12.260 --> 00:23:15.150
  • JUSTICE SCALIA FOR A QUARTER OF A CENTURY. I'VE BEEN WITH HIM AT
  • 00:23:15.160 --> 00:23:19.100
  • DINNERS. I'VE HAD HIM AT REGENT UNIVERSITY LAW SCHOOL. I'VE HAD
  • 00:23:19.110 --> 00:23:23.050
  • HIM IN MUTE COURTS. THIS IS A MAN THAT'S GOING TO BE MISSED. I
  • 00:23:23.060 --> 00:23:26.010
  • WILL TELL YOU, MY LEGAL CAREER STARTED IN 1987 AND ONE OF THE
  • 00:23:26.020 --> 00:23:31.030
  • VERY FIRST QUESTIONS EVER ASKED OF ME AT THE SUPREME COURT OF
  • 00:23:31.040 --> 00:23:33.140
  • THE UNITED STATES WAS BY JUSTICE SCALIA. AND I JUST WANT TO SAY
  • 00:23:33.150 --> 00:23:37.130
  • THAT FROM OUR FAMILY HE'S GOING TO BE MISSED. I WILL TELL YOU
  • 00:23:37.140 --> 00:23:40.050
  • THAT LOGAN AND JORDAN HAVE KNOWN JUSTICE SCALIA SINCE THEY WERE 3
  • 00:23:40.060 --> 00:23:43.110
  • YEARS OLD, SO THIS IS A VERY PERSONAL TIME FOR US. PRAY FOR
  • 00:23:43.120 --> 00:23:47.230
  • HIS FAMILY AND PRAY FOR OUR COUNTRY AND CONTINUE TO SUPPORT
  • 00:23:47.240 --> 00:23:50.290
  • THE GOOD WORK AT TBN. TALK TO YOU NEXT WEEK.
  • 00:23:51.000 --> 00:23:54.220
  • [MUSIC]
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