Judge Brett Kavanaugh Nominated To U.S. Supreme Court | The Line


>>THIS WEEK PRESIDENT TRUMP
NOMINATED CONSERVATIVE JUDGE BRETT KAVANAUGH TO FILL THE
SEAT ON THE U.S. SUPREME COURT THAT WILL BECOME VACANT WHEN
JUSTICE ANTHONY KENNEDY RETIRES AT THE END OF THE
MONTH. MR. KAVANAUGH IS CURRENTLY A
JUDGE ON THE U.S. COURT OF APPEALS FOR THE DC CIRCUIT. NEWS REPORTS SHOW THAT NEW
MEXICO’S CONGRESSIONAL DELEGATION IS SPLIT ACROSS
PARTY LINES WITH THE PICK, WITH GOP ELECTED OFFICIALS AND
CANDIDATES PRAISING THE CHOICE AND DEMOCRATS EXPRESSING GRAVE
CONCERN. WITH ME TO TALK ABOUT THIS AND
THE TOPICS OF THE WEEK ARE ATTORNEY MARY T. TORRES,
MERRITT ALLEN IS BACK WITH US FROM VOX OPTIMA, LLC. YAY. FORMER STATE SENATOR ERIC
GRIEGO IS WITH US. WELCOME FOR THE FIRST TIME,
ADRIAN CARVER, EXECUTIVE DIRECTOR OF EQUALITY NEW
MEXICO. THANKS FOR BEING HERE. MERRITT, STARTING WITH YOU. PEARCE PRAISED THE JUDGE’S
ACCOMPLISHMENTS, AND THE JUDGE HAS A LONG PAPER TRAIL THAT
DEMOCRATS ARE GOING TO BE PARSING THROUGH. YOUR SENSE OF THE PICK? START WITH THE OVERALL. YOUR SENSE OF THE PICK. WE’LL TALK ABOUT THINGS LIKE
ROWE IN A BIT BUT YOUR OVERALL FEEL.>>I THINK A REPUBLICAN
PRESIDENT COULD HAVE NOMINATED MARGARET SANGER AND THE
DEMOCRATS WOULD — THAT IS THE LEVEL OF DIALOGUE WE HAVE NOW. IT HAS BEEN GOING ON FOR 30
YEARS. EVERYBODY HATES THE
OPPOSITION’S NOMINEE. I DON’T THINK THERE IS A LOT
OF THEIR, THERE, TO GO AFTER KAVANAUGH WITH. I DON’T THINK THE SPECIAL
COUNSEL OPINION IS WHAT PEOPLE ORIGINALLY TEND TO THINK IT IS
ON FIRST GLANCE. I CERTAINLY DON’T THINK HE IS
DONE ANYTHING THAT WOULD SPEAK TO OVERTURNING LAW. I THINK HE IS GOING TO BE A
CONSERVATIVE JUSTICE. WE DON’T KNOW IF HE IS GOING
TO BE AN ACTIVIST OR IF HE PREFERS JUDICIAL RESTRAINT AND
WE HAVE ALL BEEN SURPRISED BY JOHN ROBERTS. SO, I THINK THE JURY IS OUT ON
THIS ONE AND I DON’T THINK A SUPREME COURT PICK IS GOING TO
DO MUCH FOR MIDTERM ELECTIONS.>>ADRIAN, YOUR SENSE OF THE
PICK AS WELL? DO YOU AGREE WITH MERRITT ON
THE GENERALITIES OR IS THERE SOMETHING ABOUT HIM?>>FOR ME, I THINK THAT ANY OF
THE PEOPLE ON THE PRESIDENT’S SHORT LIST WILL BE DETRIMENTAL
TO THE VALUES AND OUR COMMUNITIES HERE IN NEW
MEXICO. THIS LIST OF PEOPLE THAT WERE
CHOSEN BY RADICAL RIGHT GROUPS THAT SEEK TO DIVIDE US AND TO
USE THE COURTS TO OPPRESS AND DISCRIMINATE AGAINST US. THIS IS A LONG-TERM —
>>IS THIS PICK FOR YOU FROM THAT LIST PALATABLE?>>FOR ME, NO. WE SEE KAVANAUGH AS A PICK WHO
IS GOING TO HELP BRING US BACK TO MARRIAGE WHERE IT IS
PROVIDES UNDUE BURDEN ON LGBT COUPLES TO GET MARRIAGE
LICENSES AND WE’LL SEE THE SLOW ERASURE AND EROSION OF
RIGHTS AND LIBERTIES IF KAVANAUGH IS CONFIRMED.>>FOLLOW UP ON THAT, IF YOU
WOULD. I WANT TO GET THIS TO A SECOND
AFTER I FINISH WITH ERIC. THE IDEA IT IS A BIG UNKNOWN. YOU NEVER KNOW WITH ANY PICK
HOW THEY ARE GOING TO DO ANYTHING. PAST DOES NOT PREDICT FUTURE
PERFORMANCE.>>I THINK EVERYONE THOUGHT
THAT JUSTICE KENNEDY WHEN HE WAS APPOINTED 30 YEARS AGO
WOULD BE A CONSERVATIVE AND HE IS THE SWING VOTE. SO, HE WENT BOTH WAYS AND MOST
PEOPLE REALLY RESPECTED THAT, YOU KNOW. BUT HE DOES HAVE A BODY OF
WRITINGS BECAUSE OF HIS TIME ON THE DC CIRCUIT THAT THEY
ARE GOING TO HAVE TO REALLY LOOK AT AND I THINK THAT IS
WHAT THE DEMOCRATS ARE SAYING, LOOK, YOU’RE NOT GOING TO BE
ABLE TO GIVE US THE, QUOTE, BUM’S RUSH AND GET THIS
THROUGH BECAUSE HE HAS A GOT A BOAT LOAD OF DOCUMENTS. AND HIS OPINIONS ARE LIKE
JUDGE BROWNINGS. THEY ARE SO LENGTHY WE HAVE TO
GO THROUGH ALL OF THEM AND FOCUS ON THEM. SO WE DON’T REALLY KNOW BUT I
WILL TELL YOU, I THOUGHT HE DID A GREAT JOB ON HIS OPENING
REMARKS. HE HIT ALL OF THE MARKS. I THINK THAT HE IS CLEARLY
QUALIFIED FOR IT. HE IS ON THE DC CIRCUIT SO WE
WILL SEE. I DON’T THINK THE DEMOCRATS
ARE GOING TO BE ABLE TO DEFEAT HIM.>>ERIC, WHEN YOU LOOK AT THE
MAN’S BACKGROUND, HE WORKED UNDER THE FIRST BUSH
ADMINISTRATION. BE WAS PART OF THE KENT STAR
WHITEWATER TEAM, A LOT OF THINGS ABOUT HIM THAT ARE KIND
OF INTERESTING. YOUR OVERALL SENSE. WE MIGHT GET GOING ON THINGS
LIKE ROWE, LGBT RIGHTS. LET’S GO THERE. YOUR SENSE OF THE PICK. DO YOU SEE DANGER HERE FROM
YOUR POINT OF VIEW.>>MY BIGGEST CONCERN HE IS
CLEARLY A PARTISAN. HE HAS BEEN IN EVERY MAJOR
PURELY PARTISAN BATTLE. SO IF THIS IS ABOUT DRAINING
THE SWAMP, THERE IS NOT A MORE SORT OF SWAMPY NOMINEE HE
COULD HAVE PICKED. MY CONCERN FOR HIM, YOU KNOW,
ROWE IS A BIG CONCERN BUT THERE IS A NUMBER OF OTHER
ISSUES WHERE HE HAS SYSTEMATICALLY CHOSEN TO SORT
OF TRY TO REIN IN THE REGULATORY AND HE CLAIMS TO BE
STRONG SUPPORTER OF EXECUTIVE BRANCH. AT THE SAME TIME, REALLY SORT
OF UNDERMINING WHETHER IT IS CONSUMER PROTECTION OR
ENVIRONMENTAL INSTITUTION REGULATION. SO, I THINK HIS JUDICIAL
PHILOSOPHY IS VERY MUCH SMALL GOVERNMENT, SORT OF DISEMPOWER
THE VERY IMPORTANT INSTITUTIONS OF REGULATIONS
THAT REALLY ARE WHERE THE RUBBER HITS THE ROAD IN TERMS
OF SUPREME COURT DECISIONS. HOW MUCH POWER DO THESE
BUREAUCRATIC INSTITUTIONS AND REGULATORY INSTITUTIONS HAVE
TO ACTUALLY IMPLEMENT THE LAW. THAT IS THE ARM ULTIMATELY. JUDICIAL PHILOSOPHY ASIDE,
THAT IS WHERE THE RUBBER — HIS DECISIONS HAVE BEEN AND
OPINIONS HAVE BEEN SORT OF NOT SUPER PARTISAN IN TERMS OF HOW
HE RESPONDS BUT THEY HAVE BEEN THESE SORT OF PRAGMATIC, WELL,
REALLY THE ISSUE ISN’T THE POLITICS. THE ISSUE IS HOW IT IS
ADMINISTERED AND I THINK THAT IS THE TRICKY PART IN TERMS OF
FIGURING OUT WHERE HE COMES DOWN ON THINGS LIKE ROWE OR
REALLY COMES DOWN ON CIVIL RIGHTS. SO HE IS AN ENIGMA BUT IF YOU
LOOK WHERE HE HAS BEEN, HE IS A CREATURE OF THE WASHINGTON,
REPUBLICAN ESTABLISHMENT.>>BELTWAY. LET’S SWOOP DOWN, MERRITT, AND
GET CLOSER TO HOME AND TALK ABOUT NEW MEXICO AND HOW THIS
PICK POTENTIALLY COULD AFFECT US HERE. YOU SEE ANYTHING ON THE
HORIZON? WE HAVE SOME STUFF, WATER
ISSUES, HEALTHCARE, CERTAINLY. THERE IS A TRACK RECORD ON
THESE THINGS.>>I DON’T NECESSARILY FEEL
COMFORTABLE SAYING HE IS GOING TO MAKE A HUGE IMPACT. WE KNEW HE WOULD BE
CONSERVATIVE PICK OBVIOUSLY. HE IS NOT AS PARTISAN AND NOT
AS ACTIVE AS WE THOUGHT — AS WE THOUGHT THE WHITE HOUSE
MIGHT HAVE NOMINATED. THE ISSUE OF THE WATER LAWSUIT
I THINK THE RECENT FLORIDA LAWSUIT AS THE POLITICAL
REPORT NOTED, IT IS REALLY WHO THAT SPECIAL MASTER — IT IS A
SPECIAL MASTER AND WHAT WE DO SEE, TO ERIC’S POINT, HE IS
MUCH MORE FOCUSED ON THE EXECUTIVE BRANCH, THE
CONGRESSIONAL BRANCH HAVING THE POWERS NOT THE AGENCIES. SO I THINK HE IS GOING TO BE
MORE FOCUSED IN THE LAWS THAT EXIST AND IF IT WERE TO GO
BACK TO THE SUPREME COURT, I DON’T THINK HE WOULD FIND ON
THE SIDE OF THE AGENCY.>>ADRIAN, I APPRECIATE WE
BROUGHT UP THE FLORIDA VERSUS GEORGIA WATER CASE. IT IS COMPLICATED TO GET INTO
RIGHT HERE BUT IT LOOKS LIKE SUPREMES MAY BE HEADED TOWARDS
A MORE ACTIVIST, YOU KNOW, HAVING THEIR FINGERS IN THE
SITUATION ABOUT WATER RIGHTS BETWEEN THE STATES. DOES THAT CONCERN YOU AT ALL
WHEN YOU WATCH THAT SITUATION, HAVING A CONSERVATIVE TILTING
PORT ON THESE TYPES OF ISSUES?>>I THINK ANY NUMBER OF
ISSUES INCLUDING WATER, EMPLOYMENT, HOUSING
HEALTHCARE, JUSTICE, IMMIGRATION, WOMEN’S RIGHTS,
THE RIGHTS OF STUDENTS AND BUSINESSES ARE ALL AT STAKE
HERE. OUR RIGHTS AND LIBERTIES ARE
AT STAKE AND TO BRING IT BACK TO NEW MEXICO, YOU KNOW, THIS
REALLY IS A TALE OF TWO SUPREME COURTS. WE KNOW THAT ELECTIONS HAVE
CONSEQUENCES AND THERE WILL BE TWO VACANCIES ON THE STATE
SUPREME COURT IN JANUARY AND THE NEXT GOVERNOR GETS THE
CHANCE TO APPOINT THOSE TWO NEW JUSTICES. FOR US AT EQUALITY OF NEW
MEXICO, WE WANT MICHELLE LUJAN GRISHAM TO BE ABLE TO MAKE
THOSE APPOINTMENTS BECAUSE WE KNOW THAT ANY APPOINTMENTS
THAT STEVE PEARCE WOULD MAKE WOULD SHIFT THE BALANCE OF
POWER AT THE STATE SUPREME COURT. SO FOR US THIS IS AN
ORGANIZING MOMENT. THIS IS WHERE WE TURN OUT OUR
FOLKS AND VOTERS TO MAKE SURE THAT IS WHAT IS HAPPENING AT
THE FEDERAL LEVEL DOESN’T BEGIN TO HAPPEN AT THE STATE
LEVEL.>>GOOD POINT. LET ME ASK YOU, MARY, ROWE VS. WADE. THE BIG TOPIC WITH ALL THIS. ARE WE POTENTIALLY, MARY
TORRES, GETTING OURSELVES IN A POSITION THAT MAY NOT HAPPEN? WHEN YOU LOOK AT POLLING, YOU
KNOW, ABOUT WHERE AMERICANS ARE AT ABOUT LEGALIZED
ABORTION, THE NUMBERS TALK LOUDLY, THIS IS WHAT AMERICANS
SUPPORT. EVEN IF THEY ARE NOT CRAZY
ABOUT ABORTION, YOU KNOW WHAT I AM SAYING, BACK ALLEY VERSUS
–>>EXACTLY.>>ARE WE TALKING OURSELVES
ABOUT SOMETHING THAT POTENTIALLY MIGHT NOT HAPPEN.>>I DON’T KNOW BECAUSE NEW
MEXICO IS ONE OF 10 STATES THAT HAS A STATUTE IN PLACE
THAT SAYS ABORTION IS NOT LEGAL IN THIS STATE. SO, BUT FOR ROWE VS. WADE, IF
ROWE VS. WADE IS GONE, YOU
HAVE THE STATUTE THERE. SO, DEPENDING UPON WHO THE
GOVERNOR IS THAT IS ELECTED, THERE WILL LIKELY BE
LEGISLATION THAT IS PASSED JUST TO GET RID OF THAT
STATUTE JUST IN CASE ROWE VS. WADE IS TURNED OVER, AND, YOU
KNOW, WE DON’T HAVE A CASE NOW ON THE HORIZON THAT IS LOOKING
LIKE IT IS GOING TO OVERTURN ROWE BUT SOMETHING TELLS ME,
YOU KNOW, COME MAYBE NOVEMBER, THERE IS GOING TO BE A CASE. SO, COULD BE THERE AND IT IS
GOING TO BE ON THE COURT’S DOCKET.>>ABOUT A MINUTE AND A HALF,
ERIC, LOCAL STUFF. DO YOU HAVE CONCERNS ABOUT
LOCAL DECISIONS THAT MAY COME DOWN FROM A RIGHT LEANING
SUPREME COURT? COULD HAVE IT LOCAL IMPACT
HERE, ANYTHING ABOUT HEALTHCARE SPECIFICALLY? YOU KNOW, IF THEY ARE GOING TO
FOLLOW THE TACK OF THE PRESIDENT WHAT HE WANTS TO DO
WITH ACA, YOU KNOW WHAT I MEAN —
>>THAT IS WHY I AM SO CONCERNED, YES, HE HAS A LOT
OF DECISIONS BUT THE ARGUMENTS HAVE ALWAYS BEEN SORT OF ALONG
THE PROCEDURAL GROUNDS AND SO ON, SO, I AM WORRIED THAT WE
DON’T KNOW WHAT WE ARE GOING TO GET, FOR EXAMPLE, ON SOME
OF THESE ISSUES AROUND THE ACA, WHICH FOR NEW MEXICO,
DEPENDING HOW THE COURT CAME DOWN ON SOME CHALLENGE COULD
REALLY IMPACT US, GIVEN OUR RELIANCE ON MEDICAID AND
RELIANCE ON HOW GOOD THE ACA HAS BEEN FOR US. IT’S NOT PERFECT BUT STATES
LIKE NEW MEXICO, POOR STATES WITH UNDERFUNDED HEALTHCARE
SYSTEMS, IT COULD BE A MAJOR BLOW FOR US AND JUST ON THE
ROWE V. WADE QUICKLY, WE HAVE BEEN LUCKY TO FIGHT OFF THE
LEGISLATURE, A LOT OF OTHER MEASURES, WAITING PERIOD, SO
ON, CHOICE THIS WE HAVE BEEN ABLE TO — BUT THIS ISSUE THAT
MERRITT JUST MENTIONED AROUND MAKING ABORTION ILLEGAL IN NEW
MEXICO, IT HAS BEEN IN THE LEGISLATURE FOR A FEW SESSIONS
NOW AND JUST TRYING TO GET IT RIGHT, WE HAVEN’T BEEN ABLE TO
GET IT SO THIS IS WHY NOVEMBER ELECTIONS WILL BE REALLY —
EXACTLY, SO, REALLY, THE ELECTIONS, TO ADRIAN’S POINT,
THE ELECTION IS REALLY IMPORTANT BECAUSE IT IS AT THE
TOP OF THE AGENDA. IF YOU HAVE A
DEMOCRATIC GOVERNOR IT WILL BE VETOED.>>NOW, WE’LL HAVE TO WRAP
THAT THERE. WHEN WE COME BACK, WE’LL LOOK
AT WHAT THE RECENT RULING ON PUBLIC SECTOR UNIONS WILL MEAN
FOR NEW MEXICO.

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