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LIVE: Judge Barrett Faces 1st Round of Questioning From Senate Judiciary

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October 13, 2020 1:00 pm

LIVE: Judge Barrett Faces 1st Round of Questioning From Senate Judiciary

Sekulow Radio Show / Jay Sekulow & Jordan Sekulow

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October 13, 2020 1:00 pm

LIVE: Judge Barrett Faces 1st Round of Questioning From Senate Judiciary...

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Jordan said he will judge Amy Baird faces the first questions from the Senate this year bring you analysis today Jay Sekulow live from Washington DC Jay Sekulow justice people say that you're a females glia. What would you say mentor. As I said in that when I sent the President's nomination. His philosophy of mind to know he was a very eloquence and defend our other regionalism such of textualism which is the way that I approached statutes and their interpretation similarly to what I just said about a regionalism for textualism. The judge approaches the text was written with the meaning and at the time and doesn't end there. On meeting ones are open for your questions right now: 1-800-684-3110 wake up one day and say I have an agenda I liked on like abortion I hate abortion and Bob and Micah oil clean and impose their will on the world you have to wait for cases and controversies which is the language of the Constitution to wind their way through the process and know your home secure. What circular we are take your phone calls and 160, or 31 two. This is really the key days of the hearing before Judge Tony Baird. She is a bit under questioning from you. Most US sinners were on the Senate Judiciary Committee, we are seeing is something very different than her last confirmation.

In her last confirmation hearing you had heard your faith being discussed Dick Durbin*do you consider yourself a made up a new term Orthodox Catholic and of course I don't think that exist in the sense of that. Like there's Orthodox Judaism. There's Orthodox Christianity, and in and this is a branch of the Christian faith.

The Greek Orthodox Church is rationalist Orthodox Church was can go on and Orthodox Christian ethic what Dick Durbin a lot of these liberal Catholics are not speaking for Catholics, not Catholic by simply putting Catholic attorneys. The ACLJail staff is that you're a Catholic who actually take your faith seriously and that's a problem with the secular elites in Washington DC specifically on the left and so they make, they may have their faith. And I don't want to judge what it is, but they face the still kind of see the world through the secular vision. They may go to church on Sunday but somehow believe that you're some kind of nut. If it is your faith impacts you more than just you know on Sunday like every day like what the Scripture teaches and we respect that of course unites its work and protect those rights in United States America. We don't. Our Constitution does allow anyone to be judged about that that was round one. During her Circuit Court nomination so he Durbin with the Orthodox Catholic question. Of course the famous that I mean this dog was deeply within within me and you always hope they can live more deeply right mean that your with your faith that that word is not a bad word of the Feinstein you so sad the hearing now ends up mostly being about the affordable care act, which is because there's a case of court.

She's I can answer that question because literally she would be on the court for that case, if she is confirmed and it's a provision of the affordable care act and its it seems like they have taken a much softer tone so far with Judge Barrett and and they realize this is this is they failed last time in their reaping what they sowed. You think they took the best shots the last time round, and it backfired on them in a lot of different ways. Jordan, including politically. So they have decided to make this a hearing about the affordable care act, rather than about Judge Baer, probably a good move on their part. Though Jack is just very quickly my takeaways from today as she is clearly the smartest person in the room, which is also humble enough to repeatedly acknowledge the strict limits that are on a judge so look kudos to the Democrats for politically taking the smart move and not trying to attack her again and work so well for them last time she should be the smartest person in the room. She's being nominated to a lifetime Supreme Court folks. She has a notepad to give her. Everyone gets when you testify. She has no notes whether she's written. No notes down. She's doing this all from memory right there answering every question about specific decision she's made the past and judicial philosophy and analysis. No notes no patches. I've been writing anything that will be right back. Take your calls 160 31 to what you think of judge Amy challenges facing Americans for some time, with or without freedom or constitutional rights are under attack more important than the American Center for Law and Justice on the frontlines protecting your freedoms and rights in court in Congress and the public arena and exceptional track record of success. The bottom line we could not do more work without your support, we remain committed to protecting your religious and constitutional freedoms that remains our top priority, especially now during these challenging times. The American Center for Law and Justice is on your side, you're already a member. Well this perfect time to stand with us ACLJ.you can learn more about her life changing, member today ACLJ only one. A society can agree that the most vulnerable invoice. Is there any hope for that culture to survive.

And that's exactly what you are saying the American Center for Law and Justice defend the right to life, we've created a free publication offering a panoramic view of the ACLJ's battle for the unborn is called will show you how you personally.

Patient includes all major ACLJ were fighting for the rights of pro-life activist ramifications 40 years later, when Obama care means many ways your membership is powering the right question for mission life today online/Jay Sekulow life. We are take your phone calls, 1-800-684-3110 at 2000 684-3110. Really what your thoughts.

I know you were three days, three weeks out through this three weeks out from the Presidential election. It will be three long weeks so I think this moment in time where we have Judge Barrett.

These couple days we have to be able to watch a hearing like this and I will say in a much more respectful way than the last time around with with her with her nomination on to the Circuit Court, aware it was disgusting what Feinstein and Durbin did about her faith and also much different than these, the way they tried to just diminish takedown destroy Brett Cavanaugh's life on live television very similar to like what Joe Biden tried to do to Clarence Thomas what Clarence Thomas called what Joe Biden in the late Ted Kennedy were doing on the Judiciary Committee, a high tech lynching River that that was Joe Biden. The Clarence Thomas was talking to. He said what you are doing as the committee chair which Joe Biden was at the time of his hearing is a high tech lynching you saw. Then of course what happened to Brett Cavanaugh.

It was nothing that judicial philosophy. It was okay. He's got all the credentials he's done everything he's done everything right to be a Supreme Court justice, but we gotta come up with a way to destroy them's. Let's find somebody who make an accusation that can't be proven, but will so it will just tarnish him and make him look bad and like some kind of value. Note out of control guy and that will choose someone who's got some petty issues going on who can't remember anything.

Who looks like she looks like and not kind of it to make this allegation. But they will just move on from her and then make him have to force to disprove something that she couldn't fit that there is no evidence of so this time around with Judge Barrett you know was all about. Shouldn't do it because the election we should know about the election they know she's their worst nightmare. They know this is this is a justice who I mean that they did this to Cavanaugh but but but you know what I mean really, I think than judge Barrett is even more so a lot of respect for justice Cavanaugh anything is a great I justice and with that with a good judicial philosophy is similar judicial philosophy to a judge Barrett, but judge Barrett by embracing that's glia flock for judicial philosophy so directly over and over, and in the hearing today I'm it's it's like music to my ears when she says that because that's more like a justice of Alito.

I he's very direct about that. There may be slight differences she like she said and some interpretation. But she does seem like the statutory interpretation the same way legislative interpretation the same way and so I mean she's going to be coming at it from that direction. She did admit that again you have those philosophies you come out of the same way you can you can end up in different places, but but that is what I think makes her the nightmare to the left is why Planned Parenthood's going nuts. Why Democrats are going.

That's why liberals are going to stop because it's right before election year J this happened. Justice Ginsburg, who was a fighter, no one could predict that she would pass away, and when she passed away and it issues participate in oral arguments this this summer so this judge, though I think they've known a long time fan that if Pres. Trump got another choice.

She was at the top of the list she was willing to go through what she potentially what she went through is asserted or not met a much bigger scale and that they she's been like this nightmare waiting and then the ultimate nightmare happened. Justice Ginsburg on unfortunate passing away after being such a fighter for so many years and and set suffer from cancer fighting it beating it coming back beating again, but ultimately succumbing to a another round of it and then you had judge Barrett with now the time on the Circuit Court's river was present from folks who who nominated her to the court she would.

She was a professor at Notre Dame was identified as someone who would be very good is it, Circuit Court nominee during her hearings for the Circuit Court but it became elevated because of the attacks on her and so since she's been a judge.

There's been a lot of focus on her decisions her from judicial philosophy in action. If you will, and so fan this is this is their worst nightmare coming coming true. But I don't think I think you're right. After what they've done what they did to Brett Cavanaugh and what they did to her.

The last time that was not to be a good look going into election. I can agree with you more. Couple of points I'd make your number one is on full display for the American people to see. So if they were attacking her.

I don't think it would jibe with that. What the American people are hearing from Judge Barrett and just know it's interesting the couple of times there have been attacks or maybe not even in his hearing room, but it through articles and other media outlets toward they don't pump point to any of her cases that she's heard over the last three years in the Circuit Court because there's not a substantive attack that they can make their.

The other point I would make Jordan and you kind of alluded to this as well is because it's all rooted in this posture of restraint judge Barrett has repeatedly acknowledged that the restraint did the judiciary has to show a she has repeatedly educated the American people who I think come to this, naturally, that that law and policy have to be set by the elected branches and that is not something that we have heard to this degree in previous confirmation battles. Yes, they always say when I can prejudge a case, but she has made a point of specifically saying the American people do not elect judges we cannot make law and Jordan I just tell you if working to be a people that self govern. We have to embrace that philosophy she has done that repeatedly this morning and I think the Democrats on that panel realized that if they go after her. It's not only not to make a difference in how this nomination ends up but I think it would hurt them at the ballot box as well because that's a principle of the American people of both sides largely embrace we are to get your calls in the Jewish church meetings a break right now. She got you not missing any part of the hearing right now is you're watching us our listening to us live on the air, but I will play this at the it's it's a little bit longer by but in case you notice most people don't have the time to watch these whole hearings might've been you in the morning meddling in your kids to school, you might begin to work maybe working from home have the background but Sen. Lindsey Graham, who chairs the committee was on the broadcast Friday rate for the hearings began yesterday. He he he asked a simple question to Judge Barrett about how it felt to be nominated to the Supreme Court is to take a listen by 33 how does it feel to be nominated for the Supreme Court of the United States media blackout for the sake of my mental health can't keep yourself log off from everything and I'm aware that a lot of the characters that are floating around. So I think what I would like to say in response to that question decided to pursue a career and have a large family multiracial family is important to all of her things are true choices, personal interactions with people and bringing people have made different choices and I've never tried in my personal life because my choices on the same is true professionally and centered. I think I am sitting in the seat in response to that question to me because I don't think it's anything any of you are to the American people that this is a very difficult excruciating time to make a decision consequences for our family. We need to become governor for any negative detail faith would be caricatured many my family. Whether those difficulties would be worth it because what same person go through that benefit.

On the other side committed to the rule of law and the role of the Supreme Court justice for the only person who could do this job. It would be difficult for anyone, so why should I sit in the difficulty of the difficulty. The only reason to say now serve my country and my family because they share my belief and that will I think that is just again acknowledging fan. She knew what would be coming at a family that she knew the discussions that the nastiness on TV mainstream media, especially, and of course the Siemens. The MSNBC's the world just attacking looking at every part of her faith and making fun of her face calling her names, even questioning you is appropriate for her to have two adopted children from Haiti because there their black and is that some kind issue. Many think they even tried that to float that before the hearings after she was an ounce of course before the hearings began is any way to kind of try and derail it was pretty disgusting to see all of that kind of came to a close.

I know there still crate your crazy liberals out there throwing that out and she's she acknowledged that on TV but for the most part in the mainstream world of like Democrat politics they they seem to be again. They don't want to know they can't prevent this than so they they think they want to hang their hat and be make a bunch of late in the cycle right before the election, TV ads, the Republicans can air Jordan. She said my life is brimming with people who have made different choices and I don't try to impose my choices on them. How good is that her life is better because she has people of different perspectives around her and yet she stood unapologetically on the choices that she is made especially around faith and family. I could say a lot more Jordan by number at a break I think that answer that you just played. I think that was the whole hearing Jordan right there got the petition still going I'm forgetting about the countryside.

The petition, let's confirm Barrett report only one.

A society can agree that the most vulnerable. Is there any hope for that culture to survive. And that's exactly what you are saying with the American Center for Law and Justice right to life.

We've created a free powerful publication offering a panoramic view of the ACLJ's battle for the unborn Gold edition will show you how you personally. Publication includes all major ACLJ were fighting for the rights of pro-life activist ramifications 40 years later, when Obama care means many ways.

Your membership is empowering the right question mission life today online/challenges facing Americans is no freedom or constitutional rights are under attack more important than ever to stay with the Americans over for Law and Justice on the frontlines protecting your freedoms defending your rights and courts in Congress. In the public arena exceptional track record of success. But here's the bottom line we could not do more work without your support, we remain committed to protecting your religious and constitutional freedoms that remains our top priority, especially now during these challenging times. The American Center for Law and Justice is on your side, you're already a member bank not well this is the perfect time to stand with us ACLJ God where you can learn more about her life changing, member today ACLJay Sekulow like hundred 63, 110. I think it's important to answer this question is coming in is the hearing you get is on break so folks, if you're if you're listing to us on the area not missing the hearing right now and when they come back will cut to a live we think we need to and we think it's good for you but to disagree time to come discuss with Artie happened because yesterday was opening statements.

I thought Judge Barrett's openness.

It was incredible.

I think many of the Democrats they were. It was about the election. It had really kind of almost nothing to do with her hearings and a lot of those questions today again from from the Democrats. The committee about the affordable care act so they think is like.

I guess more appealing to American voters. But remember Pres. Trump ran on literally cutting it which she did by getting rid of the individual mandate and one by running against the affordable care act so now they want one. What I guess camping for it because I think people got used to it, but got used to it under Pres. Trump made a lot of changes to a sense, really bad, but he tried, he told his team to run it as best as you can until we have until we are to have something else and until were able to put your additional healthcare policies in place and while the court challenge going on and so yes been run better even present.

Trump said that because he's been trying to do the best thing possible for the American people like getting rid of the mandate to some other executive or sometime this, we are there. But whatever it is just interesting because were what you're going you're seeing is very smart, eloquent, the judge for Prof. answer these questions. Should she has no notes using Notepad is a cure to bring anything where there are no files with her.

No notes answering questions about judicial philosophy previous cases that before the court going all right search even held up the alley of a playwright for people watching for periscope method on a notepad was like jotting things down like some kind of debate before you go into a debate so I just want I just want to say that this very unique if you're watching because I think what you're saying is that the left realizing they a failed on this one. One. They could not sell enough Republicans this idea that they should not go ahead with the nominate nation and then a confirmation hearing and then ultimately vote this close to elections they lost that initially and then Artie really injured themselves when they went after Judge Barrett during her Circuit Court nomination admit they they look ridiculous. Feinstein and Ann Durbin with that with the religious stuff.

They also look bad. During Cavanaugh, so I don't think I can :-) Kemal Harris doesn't actually be in the room. Even though her office is next-door and she said oh it's it's cut stage is over, but she's in the same building walk around the same people got there. People that mask on the they have mass on their doing appropriately that on the CDC guidelines. I don't think she wants to get exchange or what she wants it to kind of be like remote for her because she's the VP candidate so I get really tearful phone calls now.

He also brought Harry Hudson from our our senior legal policy analyst attorney as well and for law professor like I Judge Barrett was go to Mary Ellen's called lie to them in Chicago because there's so much talk about court packing because what you have Democrat candidates. I know that that didn't the Democrat governor in Montana who is running for U.S. Senate against Steve Daines said he'd be open to court packing. I said that in a discussion with the media. So with adding more justice to the Supreme Court, Maryland.

Welcome to Jay Sekulow log on the air prompted my curiosity because that one of the things I heard of some media person or activist saying all yet the people to write that got accused in Ellis Island and then of course the President is elected for four years so I know I heard you say yesterday that the number nine has been in place since 1869.

I believe he said so my question really is, is that number nine written into the text of the Constitution. If not, why does the number always stay at nine is that a lie is that that have to be changed by constitutional amendment. If it is in there and if not, does it have to be changed how the Constitution is very quickly the Constitution leaves this to the Congress ultimately to determine the makeup of the Supreme Court so that the Constitution requires that there be a Supreme Court that allows Congress to then establish us inferior courts as they believe necessary. So we have the circuit courts and the federal district courts and some other specific courts to issues of federal patent courts, trade courts, things like that as well summer article easy to say that the article 3 courts of some again are actually like article 1 courts that Congress is set up specific to other issues like the Tax Court, things like that so this is how it all started the Judiciary act of 1789.

The initial number was six that workouts are great right at six because because it's an even number that might be great when you're when everybody's in unison.

It might work when it's for two but when you get 33 you what happens is very early in our history as is developing figuring this. What this course can be like.

So then there was a Chief Justice there but it was six. Then in 1807, they moved up to seven so we got to an odd number in 1837 the number was expanded to 918 63, and rose to 10, and in 1866 you shall see, this is all happening kind of quickly once you make the jump from 8 to 18 007, then it's really changing a lot. 1860s.

So in 1863 rose to 10 in 1866 there was that the judicial circuits act and shrink the number of objects is backed on the seven and that was actually a political move which prevented Andrew Jackson time the President from importing anyone new to the court so not a great part of the congressional history but is what Beyonc that's how flexible you don't that's the bill it's it's the Constitution, just as you have to have a Supreme Court but in 1869 in 1869 in the Judiciary act of 1869 Congress raise the number of justice to nine and that's where his bed. FDR tried to expanded Congress to go along with it. So since 1869, he saw there was a lot of total and you know why that's post-Civil War during and post Civil War but with the civil wars over in reconstruction was going on you to 1869, Harry, you have nine justices. That's where it's been in the late Justice Ginsburg believed that's where it should stay. It's a good number it's and it's an odd number. Seek you get your five Forza courses issue.

Sometimes there's vacancies, but that will rehear things if they can.

If there's ties and things like that or if if if something comes up or the Circuit Court ruling may stand but on both sides of the aisle until very recently, no one liked what FDR was trying to do.

It was kind of a power grab move. It didn't work in Constantine. Even though he was so popular absolutely certain Joe Biden is on record attacking FDR's attempt to pack the court. Now he says voters should not know what his particular view.

I think nine is a good number we've had that number for almost 150 years and I think the American people are very comfortable with it. I think the American people need to know what this Joe Biden think about packing Supreme Court that we got. I did shut it is broadcast radio broadcast yesterday and had a great piece right or I would on talk the talk about court hearings and their exit they allowed us to play for you today.

In case you missed it on Sean's broadcast yesterday, so play it. The second half hour coming up.

Jay Sekulow ACLJ is been on the frontline protecting your freedom is defending your rights in court in Congress and in the public arena.

The American Center for Law and Justice is on your side.

If you're already a member thinking. If you're not well this is the perfect time to stand with us, ACLJ.org, where you can learn more about our life-changing work, member today ACLJ live from Washington DC Jay Sekulow and secular Jay Sekulow distorting secular so if you use right now this into a slide watching us on Facebook live is encouraged to share this with your friends and family because you were getting into analysis that if you are most people not able to watch the hours they hearing our team. Of course, is, and we are and so were able to pull the important parts that have already occurred and if the hearing comes back well-versed on the air. We will go to some of that live as well. So the question live but were able to key it in for you because again, hardly anybody has the ability to just sit and watch these hearings even with Kelvin because you got getting her kids get it running errands work even if you're working from home and so again I think were good resource for you kinda know an F course will break anything that we don't get to today. That happens after the broadcast date.

We will cover tomorrow in the second round of these the questioning.

So these are really these these these two key days today and tomorrow in the hearing. The rest of it is just kind of then other people's witness testimony, and that a vote next week and and that that schedule is Artie been announced. The vote will be on the 22nd so likely because Democrats wanted held over a week and that means it will go to the full Senate and Mitch McConnell's hand it out sometime around after the 22nd so maybe the 26-ish for about potentially so were looking at that.

I do want to take your calls, though, let's go to George and Colorado online for John George.

Welcome to Jay Sekulow life you and George question for you on the fact the Democrats pack the court organization maybe you ACLJ brought a lawsuit against that move based upon it being purely political, which anybody would know that's what it is. Could that go all the way to the Supreme Court. The Supreme Court would back should be allowed to rule themselves, to whether or not to George with threats and I can begin for everybody but what with the Constitution says that there must be a Supreme Court. Congress determines the makeup has to go through Congress that you have to get a there's a veto issue. There present could override a veto. But you know it, but again it gets its legislation think the Judiciary acts and they can come up with any number they want. They have 100, 200. They have a thousand get three. They also determine if the circuit courts and district courts and how many they are and how they split up and is always debates about that as the country grows by population.

Do we need to add more circuits to separate more circuits because just too big. The circuits to what to handle and so again, the Constitution does not put any limits on Congress's ability to do that doesn't mean it's right to to to pet to pack the court for political purposes.

You know there's a difference in our history. If you look at the history of how the court developed there, try to figure it out and there was one big change in 1803 Marbury versus Madison, the court really like assumed this power as a real third branch of the government and independent branch of the government that they could have have force with its rulings a bit so you went tight. There's time in history where it was just kind of don't really know what to do with the Supreme Court and what his role. It was in the Constitution was there but but why is we develop as a country used to get a lot of shifts happening during the reconstruction post Civil War and then when you get out of that and you get to again 1869. Post Civil War reconstruction get the nine justices that's were it's been most agree on both sides of the aisle who don't let their politics get involved. That's were to stay we come back sooner. Mike Lee discuss this even brought up you don't help Joe Biden said that FDR's move to pack the court was boneheaded when he was Senate Judiciary committee chairman biostatistics basin Newport packing is boneheaded, especially for political purposes, not illegal, not unconstitutional, but wrong is what your bites will answer your questions.

If you got question about this yet? Judge Barrett and also your thoughts on you think that this is hearings because what people see in the news to might also encourage kind of give the silent majority take to come out in even greater numbers for present proper maybe convince some of those who are on the fence that you know what I still want to stick with present will be right back. The challenges facing Americans for substantial time with our value freedom or constitutional rights are under attack more important than ever to the American Center for Law and Justice on the frontline protecting your freedoms defending your rights in court in Congress to get in the public arena and exceptional track record of success. But here's the bottom line we could not do more work without your support, we remain committed to protecting your religious and constitutional freedoms that remains our top priority, especially now during these challenging times. The American Center for Law and Justice is on your side, you're already a member.

Thank you. Not well this is the perfect time to stand with us ACLJ.where you can learn more about her life changing work, member today ACLJ only one.

A society can agree that the most vulnerable invoice is, is there any hope for that culture to survive.

And that's exactly what you are saying when you stand with the American Center for Law and Justice, defendant the right to life, we've created a free powerful publication offering a panoramic view of the ACLJ's battle for the unborn Gold edition will show you how you personally. Publication includes all major ACLJ were fighting for the rights of pro-life activist ramifications 40 years later, when Obama care means to discover the many ways your membership is empowering the right question of mission in life today online/Jerry Judy will be next on the broadcast live. So hang on hang on there do a place of importance to so much talk about court packing right now so it's coming up because of this nomination is coming up in the Presidential race. It's been discussed a number of times in our history. FDR tried it, he failed even though he was had on unbelievable support from the American people is present in the house. The Senate, they said they said no to that. I didn't think that was a good idea to change the court and had to do that to help him politically. Which is what he was trying to do nothing was prohibited like as Joe Biden said when he was chairman of the district committee before he participated in the high-tech lynching is that's in Claire Tom's own words of of Clarence Thomas. He called what FDR seceded FDR's decision to try pack the court boneheaded. Now he won't answer people on it, but a lot of people are now saying that even Eric Holder yesterday said that filling a vacancy on the Circuit Court at the present trouble someone has not been nominated for Circuit Court that filling that vacancy because the person doesn't hat wasn't a judge and and doesn't have a ton of a courtroom experience is packing the court. That's not packing the court.

He was widely safe that it said there's an empty seat you going to be a lawyer to be a point to the court to be an attorney to this report. Justice is usually go to attorneys and like law professors usually do but yet that's how it usually ends up at you have to be an attorney that's on the Constitution is on any congressional statute that these requirements so I just want to play this for Mike Lee because a lot of this talk about court packing that your hearing what you're saying today is not court packing. It's filling a vacancy, Justice died.

There's a seat open the President nominated as every President has the past. Even during election years.

It just so happens that his party controls the Senate just so happens in history that 17/19 times it's been like that those that those nominees get confirmed only two times I didn't listen Mike Simpson Mike Lee picklist Joe Biden himself as a US senator is a member of this body in a proceeding of this committee in 1983 gave a rousing speech that I recommend to all acknowledging the Constitution doesn't require it without respect for the separation of powers really ought to lead to a sticking to the number nine. Don't pack the court don't pack the court but yet still Joe Biden believes that you don't deserve to know as voters. You don't deserve to know as voters where he stands at issue. Other Democrat candidates. By the way all around the country are being open and honest about servicing their instant but there's plenty to sing.

Therefore, at least until the people the truth.

Like we said, is not illegal to be to sit just say you would at judge it at justices.

The court, you look at that you would consider doing that I to try and bring it more liberal again and said that there's nothing I get that they're being open and honest to their voters.

I respect that a lot more than what you're buying is doing, Sean Hannity, Steve's house on the broadcaster says that early and show at talking to Sean about the first day of the hearing. These opening statements by the various senators and as we were about to go live on the air. He had this great opening, featuring that that exchange between that reporter. We played and Joe Biden when he said don't the American people deserve to know if you support this or not, and Joe Biden says no they don't. Americans don't deserve to know where I stand on the issue of court packing, take a listen. I think the handy team for sitting on over to us and let us plan our show. Pres. Roosevelt clearly had the right to send in the United States and in the United States Congress a proposal of 47 years and this one was totally within his right and Joe knows a thing or two about that idea say it was a boneheaded idea clarify your position Joe with the consequences of backing the Supreme Court.

What will you do to safeguard 150 year history of having nine justices know it's a simple question show no answer to play his game. Not again. Joe MNF and face the question is deserve an answer. Don't play free with those great because it needs to get out there more more is the idea that American voters don't deserve to know and that's his immediate response. No, they don't deserve to know just least other question like what don't they deserve to know where you actually are on fracking to your website says one thing and you say something else.

Kemal Harris is something else or where you are the green new deal because website says something else.

Kemal Harris is something else and you say something else while you dismiss, you know, your sons, the Senate report on your son dealing with snow and sex traffickers and receiving millions of dollars from just dismissing it, even telling us why that's a lie and and and and you know I would get what you want to put that to rest know he doesn't think you deserve to know he's the typical Washington swamp creature fan who looks down and he gives you glimpses of it throughout his career, who looks down on the. The voter and sees himself as kind like this elevated statesman figure leader who doesn't have to tell you that what he thinks. Even when he's running for President and there bring this issue up with the opposite of what we been hearing this morning. Jordan of deferring to this to the people for self-governance and you know one of the follow-up from the reporters to the former vice President was a he he said it would be if I answered that question. It would be the headline on every paper across America and I immediately thought to myself, you know, why in the world would that be a bad thing to her enemy don't most politicians when their running try to get their message in front and for the American people and then convince the American people why their proposals are the ones that are correct for them. He's taken the exact opposite approach is he saying, look, I understand that the idea that I may or may not support because I'm not gonna tell you whether or not I do. I know it might not be popular with you so I'm going to keep it from you, Jordan, that it that runs in the face of the idea of self-governance every candidate that's out there should be as transparent as they can on the policy positions that they hold and Jordan how they will go about it because like you said, does the Constitution prohibit court packing know it does not, but the way that it is gone about an end when it is gone about in this case, there has been a change since 1869. Don't Jordan. Those things are relevant in the American people ought to make their decision based upon them. So I agree with you.

This idea that you wouldn't put the specifics of both the procedure and you how you would go about it from the American people. I think is just wrong. There's all this talk about that. This is court packing and Mike Lee had this to say in what your thoughts on this of Sara Lee's attorney's own right and ends member the center share committee and how we we spent a lot of time together during the impeachment trial because he was sitting right in front of you right flick right in front of me so again in very close quarters there and he had this to say because in the media. The left is calling what is what Judge Barrett's hearing and confirmation. They're calling it court packing picklist Mike Lee again in recent days have seen some of the media and some of this body try to redefine what it means to pack the court so have suggested well for packing takes various forms and it can mean confirming a lot of people all at once. Some of to find it, so as to suggest that it consists of doing that which the Trump administration and the Republican Senate have been doing her last three and half years which is filling vacancies as they have arisen and doing so with text will is to originalist judges. This may not be something that some like this is not court packing okay Harry, overseeing the media over and over, Eric Holder's referenced a another nomination is been put forward for Circuit Court calling it court packing said this is court packing he put a link to former Atty. Gen. United States was a vacancy, some was nominated, they can they may not be confirmed. Like they might be confirmed. You don't have to be an attorney to be a federal judge or a Supreme Court justice even at its core packing to fill a vacancy absolutely and many Democrat Democrats are consistently defending if you will their own vacancy with respect to reading the Constitution. So instead they want to redefine, re-create and re-write the United States Constitution, all while criticizing Pres. from for fulfilling his constitutional duty, which is explicitly written out in the United States Constitution. So we now live in essentially a postmodern era in which Democrats feel that they are entitled to their own lexicon their own language and it's all about pure politics and the pursuit of unlimited power yet again. Folks, we come back from the spray, Jerry and Judy, and in those you hold on the line but your injury both at home on we are going to take your calls right off the top. The hearing is just about to start again will go to that live as well, but I do to take your phone calls for those you behold non-1-800-684-3110. I appreciate you doing that is how to make sure those listings are broadcast right now are getting as educated as possible on this the so they understand the attacks and what attacks are totally baseless like this is court packing and in what you know what that really means and and this whole idea, of course, the attacks on Judge Barrett that is really the media making now because sinners are afraid to on the left. That didn't work so well for the last time and they know it can be turned into a very dangerous TV at any this close to a major election, including a Presidential election and an election where the balance the Senate and even potentially the house hangs hangs in the balance, so will take your calls we get back that we delivered quickly, our petition to Congress. Tell people about Mexican cited ACLJ.org today you are currently more than 166,000 names on that were letting the committee know each and every day. The additions Jordan, I think that's had a big impact on why the Democrats understand that Judge Barrett has the support of the American people signed a petition.

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Thank you, are not well this is the perfect time to stand with us ACLJ.org where you can learn more about her life changing, member today ACLJ Jay Sekulow like this Jordan secular. We are to your phone calls 100 3110. Yes, agree with our team.

Sen. Whitehouse is up right now, Sheldon Whitehouse and he is literally I'd say the most leaves is that wrong tasting mouth to be English pulled out all the signs right now all these boards fast quickly schedule he just another one of those elitists thinks he's better than everybody else. He always comes across that way and and I will tell you, even at once is supposedly even like it behind-the-scenes in the suit. Most people are least friendly rural Americans, even if we have serious political disagreement. E. You can tell this guys like his partisan politics are what drives him and his and just, how he treats different people say it like that he is, is that partisan get unit care put aside for second which which is a little bit bizarre comes across as kind of strange to and the hearings you will place on Of people here my hug. He's your start up all these different boards and statements." You got a steak and if you're one of the millions and millions of Americans who depend on the formal care act, you've got a state platform over and over again will start by talking about the affordable care act is present right now is everybody this litigation you show your little board note on TV could see to a a Circuit Court judge the nonagency report of the United States about the affordable care act and the Republican Party platform which says that they don't like it, which by the way that's been the platform than the since the affordable care act came into existence that they wanted the Republicans been very open and honest about wanting to dismantle that.

I don't know again what does have to do with a judicial hearing it doesn't. So this is another example. Even Sheldon Whitehouse. They just wanted try and score some political points and scare Americans there to lose their healthcare during a pandemic. Jordan, the board that he has up right now has politicians, the President of the United States policymakers in the House and Senate and private citizens private citizens that donate to campaigns advocating a position on a policy matter, Jordan. That's what makes America great. We have debates about polities, decisions, private citizens are allowed to participate in that.

And then oh guess what the elected officials of both the legislature and then the President who would sign it are the ones who enact the law is very different than a federal judge, Judge Barrett has said that time and time again. No Sen. Whitehouse does have a habit of doing this to throat those are things that he does not like as accusations of someone is not responsible for them, but I just want to remind people very directly who are watching this what he is holding up. Jordan is evidence of what makes America great private citizens get to elect politicians elect lawmakers to make law and a President who signs them into law, the fact that they are engaging in a policy matter, Jordan, that is a positive for the United States of America and not a negative. By the way, even if you disagree with that policy position. It's a good thing and you are free to take the opposing view. All right, let's go to the phones we take these phone calls right now is go to Jerry Road on online one and Judy were coming to next and then Linda Jerry Walker Jay Sekulow life hello game on behalf of readable thinking what I wanted. I apologize Whitehouse last time he held up a document with the calendar against capital, I'm sorry. Yeah, I doubt he was just dropped. Also dismissing the rally for 500 got his reverse his weight side got on the phone with you not want to but in regards to the book middle America not tackle a Barrett suburban housewife have a lot of control. You don't want that, a professional work deathlike on the beauty.we think you know it it it's it's unique Jerry because she is unique.

Even as a nominee, not, not only because she's a woman. If we had plenty of women out on this report.

Throughout history, obviously it's more recent since Saturday. O'Connor, but since Sandra Day O'Connor event unit had Justice Ginsburg Kagan sought to my arriving so alien it's becoming, which should be more balanced and that's good but I think that Judge Barrett because of her background, her age and you as a mom and she talks that with with the big family and both her and her husband are attorneys and efficient unit to stand. It is, is it she's unique.

Each. Each nominee is unique philosophies she might have a very similar philosophy to someone like Justice Alito or the late Justice Scalia but she still a unique person. I think you're right. To some extent Judy from Alabama I think you're picking up on this as well. Judy thinks her home on your on the air will get your book as well, Your Honor, the government last couple of day think that there are think he should be the title of the person it's going young lady there going into business to don't know what that weight gain? The only intelligent she's not smirking. She'd been very professional that are badgering her about packing the court are probably packing their pants that slander and anger about their late truth is like that. The truth is, Judge Barrett and this is just again gets sought to murder Kagan.

I think because because they they were nominated. Justice Ginsburg was on the court and has been on the court until the until her passing recently and so she she did overshadow them. Rightfully so because of of her role for in women's rights and of course her notoriety and the time she's been on the court so they they have not had had the same kind of opportunity to be is prominent as individually doesn't mean they might not become that way but that that could take you to take time.

I think that for conservatives like you're talking about for conservatives. Judge Barrett, if she becomes just a spare which I believe she will may may very well become that that same kind of figure 44 conserves that it of the notorious RPG was for the left and listen into it some ways it was not just that liberals appreciated. Repair Ginsburg conservatives did to because she did do a lot of work in other than the abortion.

It was all abortion and far left. She did do a lot of work when it came to women's inequality.

I got a daughter I appreciate her for it. For all that work for standing up for doing that for you know, go to law school there hardly any hardly women in law school. Now it does more women in law school than than men. And so I appreciate her for doing that.

I think having those role models. Great exit point to and I think I get I don't like that because we don't have. We don't know how that should be on the court exactly you never want to say hundred percent. I feel pretty confident about this with Dan, but I think she has the potential final. Just quick thoughts and then Harry the first hearing that then is the potential to be that kind of inspirational figure and and kind of transcend what people think of as a conservative judge absolutely so she's articulate, she's brilliant. She is a mother, and she is a mother of seven kids. I think that says it all that it just so relatable. So in touch with everyday Americans. I would say maybe more than any other nominee that I can remember. I think people will relate to her. I think when she introduced her family think all of us saw a little bit of us in herself and in turn, I think the American people are firmly behind her.

I really do right folks listen with the hearings are going for tomorrow will continue to break it down for today what anything that happens today breakdown for you tomorrow on the broadcast. And of course what happens before the air will break down as well is like we did today. We need to go back to we will, but it looks like there taken breaks that were live on the air, which is good. So were able to bring it all to you. We encourage you sign the petition ACLJ.or share this broadcast you even feel a summary right now go back to Facebook page Jay Sekulow face share with your friends and family talk to Mark ACLJ's been on the frontline protecting your freedom is defending your rights in court and converse in the public arena. The American Center for Law and Justice is on your side. If you're already a member thinking.

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