GOING INTO THE ELECTION WITH
GOING INTO THE ELECTION WITH
THAT BIGGEST OF ALL VICTORIES.
THEY SAY BIGGEST THING YOU CAN
DO IS THE APPOINTMENT OF JUDGES
BUT ESPECIALLY THE APPOINTMENT
OF SUPREME COURT JUSTICES.
THAT’S THE SINGLE BIGGEST THING
A PRESIDENT CAN DO.
[CHEERS AND APPLAUSE]
BECAUSE IT SETS THE TONE OF THE
COUNTRY FOR 40 YEARS, 50 YEARS,
I MEAN, A LONG TIME.
PETE: THAT WAS THE PRESIDENT
YESTERDAY IN VIRGINIA HE WAS IN
FLORIDA AND GEORGIA BEFORE THAT
TOUGH TO KEEP TRACK WHERE HE IS
ON ANY GIVEN DAY.
WE ARE GLAD THAT JUDGE ANDREW
NAPOLITANO, FOX NEWS SENIOR
JUDICIAL AM LIST IS WITH US THIS
MORNING.
BIG MOMENT.
THE PRESIDENT TALKING ABOUT IT
YESTERDAY.
IS HE GOING TO ANNOUNCE IT TODAY
AT 5:00.
WHAT’S YOUR PREDICTION AND, JUST
LAY OUT THE SIGNIFICANCE OF
NAMING A THIRD NOMINEE IN JUST
ONE TERM.
>> YOU KNOW, VERY FEW -- GOOD
MORNING, GUYS.
VERY FEW PRESIDENTS HAVE HAD
THIS MANY NOMINEES AND DONALD
TRUMP IS STILL IN HIS FIRST
TERM.
AND THIS NOMINEE THIS MORNING,
AMY CONEY BARRETT, WE HAVE EVERY
REASON TO BELIEVE IT IS SHE, IS
THE CONSERVATIVE INTELLECTUAL,
SORT OF IN THE NEIL GORSUCH MOLD
THAT PRESIDENT TRUMP HAS BEEN
PROMISING HE WOULD NOMINATE.
HE HAS BEEN UTTERLY FAITHFUL TO
HIS PROMISES WITH RESPECT TO THE
INTELLECT AND IDEOLOGICAL
ORIENTATION OF THE PEOPLE THAT
HE HAS NOMINATED.
IN THE CASE OF JUDGE BARRETT,
WHO, BY THE WAY, IS A GRADUATE
OF THE SAME LAW SCHOOL THAT I
AM, NOTRE DAME LAW SCHOOL
ALTHOUGH I’M A GENERATION AHEAD
OF HER, IN THE CASE OF JUDGE
BARRETT, SHE HAS A VERY LITTLE
TRACK RECORD BUT VERY STRONG
OPINIONS ALREADY ARTICULATED.
SHE HAS ALREADY ARGUED THAT ROE
V. WADE, THE ABORTION DECISION,
WAS WRONGFULLY DECIDED.
SHE HAS ALSO SAID SHE WILL
RESPECT STARE DECISIS, LAWS THAT
ARE WELL-SETTLED AND WOULD NOT
VOTE TO CHANGE THEM OTHER THAN
IN THE MOST PROFOUND AND
SIGNIFICANT SITUATION.
SO SHE IS GOING TO BE GRILLED ON
THAT.
SHE WENT THROUGH THIS GRILLING
ABOUT TWO YEARS AGO WHEN
PRESIDENT TRUMP APPOINTED HER TO
THE SEVENTH CIRCUIT OF APPEALS
IN CHICAGO, THE COURT ON WHICH
SHE NOW SITS.
BUT, FOR DONALD TRUMP, THIS IS A
MOMENT OF TRIUMPH.
THREE JUSTICES IN THE THREE AND
A HALF YEARS ALL OF A SIMILAR
INTELLECT AND ALL OF A SIMILAR
ATTITUDE ABOUT THE CONSTITUTION.
JEDEDIAH: JUDGE, I I WANT TO ASK
YOU ABOUT TERM LIMITS.
THAT’S SOMETHING THAT’S BEING
TALKED ABOUT RIGHT NOW
PARTICULARLY BY SOME ON THE LEFT
WHO ARE NOT HAPPY WITH THE FACT
THAT PRESIDENT TRUMP HAS HAD THE
OPPORTUNITY TO MAKE THESE THREE
NOMINATIONS.
BUT, CALIFORNIA REPRESENTATIVE
RO KHANNA HAS MADE SOME COMMENTS
ABOUT THAT.
I WANT TO GET YOUR REACTION
SPECIFICALLY TO WHAT WAS SAID.
WILL: JEDEDIAH, ACTUALLY A TWEET
AND I HAVE IT RIGHT HERE.
JEDEDIAH: YEAH.
WILL: RO KHANNA SAID WE NEED
TERM LITTLE FOR THE SUPREME
COURT.
EVERY PRESIDENT SHOULD HAVE AN
EQUAL CHANCE TO APPOINT
JUSTICES.
OUR ENTIRE DEMOCRATIC SYSTEM
SHOULDN’T HINGE ON THE SHOULDERS
OF INDIVIDUAL SUPREME COURT
JUSTICES.
JUDGE, THAT’S TWEET FROM
REPRESENTATIVE RO KHANNA.
>> WELL, REPRESENTATIVE RO
KHANNA’S PROBLEM IS NOT WITH
DONALD TRUMP AND IT’S NOT WITH
THE ELECTORATE.
IT’S WITH THE CONSTITUTION.
SO, LEGISLATION, IT’S PRETTY
BASIC, LEGISLATION CAN’T CHANGE
THE CONSTITUTION.
THE CONSTITUTION PRESCRIBES THAT
FEDERAL JUDGES, WHICH INCLUDES
JUSTICES ON THE SUPREME COURT
SERVE FOR LIFE.
SO WHAT IS HE REALLY TALKING
ABOUT IS AMENDING THE
CONSTITUTION WHICH IS NEARLY
IMPOSSIBLE WITHOUT A TREMENDOUS
NATIONAL CONSENSUS BEHIND IT.
IT REQUIRES OF TWO THIRDS OF
BOTH HOUSES OF CONGRESS AND THEN
A RATIFICATION BY THREE QUARTERS
OF THE STATE LEGISLATURE.
THERE IS JUST NOT THE POLITICAL
SUPPORT THERE FOR WHAT HE’S.
WILL: REALLY QUICKLY, JUDGE, I
JUST WANT TO FOLLOW UP ON THAT.
OF COURSE YOU ARE A FAMED JUDGE.
I WENT TO LAW SCHOOL I DON’T
KNOW IF THAT QUALIFIES ME FOR
ANY IT’S SPECIAL KNOWLEDGE.
WE BOTH KNOW THE INSULATE JUDGES
FROM POLITICAL PRESSURES.
SETTING ASIDE THE CONSTITUTIONAL
DEMANDS, IS 18 YEARS AND TERMING
OUT, DO YOU THINK A GOOD IDEA IN
SAID ASIDE THAT YOU HAVE TO
AMEND THE CONSTITUTION.
WOULD IT BE A GOOD IDEA?
>> IN MY OPINION, NO.
I’M JUST NOT IN FAVOR OF
CHANGING THE PROCEDURES THAT
HAVE WORKED SO WELL FOR 230
YEARS BECAUSE OF SOME POLITICAL
ANGST.
I CAN’T IMAGINE REPRESENTATIVE
RO KHANNA WOULD BE DOING THIS IF
JOE BIDEN WERE APPOINTING FILL
IN THE BLANK A LIBERAL JUSTICE.
IF BIDEN GETS ELECTED HE MAY YOU
HAVE THE OPPORTUNITY TO DO IT.
I DON’T KNOW WHERE THE 18 COMES
FROM.
IN THE CONSTITUTIONAL CONVENTION
THEY TALKED ABOUT TERM LIMITS
AND IT WAS ALMOST UNANIMOUSLY
REJECT’S AND THAT’S WHY FEDERAL
JUDGES.
PETE: JUDGE NAWPGHTS HAS