What's next for Brett Kavanaugh?

Newell Normand
Monday, September 10th
Newell talks to CATO Institute Senior Fellow Walter Olson about Judge Kavanaugh's confirmation hearings

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We just finish for contentious days of the Supreme Court nomination hearing for Brent Cavanaugh and week. What to get what's the latest in what's the wrap up on this and joining us on the line is Walter all Olson senior fellow at the Cato institute's Robert. Walter is known for his writing on the American legal system Walter welcome to the show. Out so Walter we've gone through these four days Dodgers for the benefit of the listening audience lot of people asking when are the votes to be taken in how does his work from here. There are hoping to wrap up the process pretty soon of course these. On Supreme Court itself we convene in. First Monday in October which October 1 this year and although I believe there are hoping to have to vote for the rest of the force them to to these into in the courtroom beacon during the very first. So he has to have a vote taken at the Judiciary Committee and then it goes to the full senate. I haven't got to work and obviously at the very high priority on them and it is the business that. Are all gonna take priority over this but there's still have to respect for the tools and they too. On to do things but the book but it would have been so many process objections. Tests they don't want to create more technical the. So not unlike any other issues there is a difference of opinion I guess depending on what party you're from if you're Republican you say it was a very contentious. Hearing although they felt like Kevin all comes out unscathed. Pure Democrat they feel like they did what was necessary in order to bring out. Some frailties in his history yen and that that's with the set out to do and they successfully did it your thoughts. I think that's right and it's not clear that in his hands so we changed over one week of despite all the fireworks the 200. Demonstrators arrested the very strongly in which. Just as before it if you Democrats. Column often vulnerable and it's its own. Who. All means support company along with the Republicans the Democrats were completely unsuccessful run off city. Policy is centered on to Clinton or senator Murkowski lost so it looks as if it's pretty much stuck with the way it was two weeks ago that. In the mean time. What did we learn from the hearings the if you compare them with me here and so poor appointing a course which last year all the there were some shifts in these last few there was a lot more often. Well posture that they were talking but rituals and more public textual interpretation of the things that. Might explain what it will support this time instead you've got more to other things which is. First results. You know it is looking way it's going to be overturned vehicle is this decision that decision. Courts of law. And then secondarily. Paula I mentioned the process issues you know what why opinion turned the documents we go forward and also personally should because it's it's not that we didn't get Republicans course which one time but boy do in Africa personal stuff against government. So let me ask you about this settled law notion I mean as a lawyer economy drives me crazy because settled law exist in the district court in the appellate courts a Supreme Court. There is no settled law. Well I compared to the first close refrigerator. There's you know what it means that but it doesn't predict anything about what the night and now. It is. Yeah I mean that that the Supreme Court camera on keeping its own mind incentives kisses but very very unlikely to be overturned. And you could call that the law if you want but the fact is as as you know. You know things change sometimes and several presidents often become controversial and they take another look and that's one. It's not just the church cup look at making promises that none of the others can really promises either. We note that every justice on the Supreme Court that it's out there one time that the world has ever want to be appointed. It's sometimes going to be in terms of overturning little precedent there ultimate. But to do it opens up. Yeah I you know and I talked around the issue us a bunch of times of mean into active plessy vs Ferguson it has to change that should change was the right thing to change so. One could say well that was settled law and hopefully not and it did when they dig route in brown right. Right and every single one of the senators who was. Well I can put slaughtering over a bit at auction this is amnesty interest. Has their own president to they would not go for try and promote the Democrats it's been like Citizens United or maybe some states. Second Amendment on this is that like Oprah and those they don't think that we decide. On and it out weighed in at one rejoiced when karma to the Japanese internment kiss once upon let's so it. You know world basically on the on the same playing field until we all agree that sometimes it has to become. And also we'll agree to because it's been too often in the laws is unstable one and in doubt and begin to happen. Is it not it is an unfair to say that the court and rightfully so waits for the right case that's presented in the right fashion so that it can have the long term effects that are looked for. When something needs to be resolved when there's differences amongst amongst the appellate courts. That's very insightful and of people and their actions that the course. We are just being willful and sometimes the caskets. Are ways that they just help you with because it's too important obstacle but. Most of the time they have ways of controlling productive way is supposed. All of a pretty figuring out of suggesting at a time that is the hospital precedent is in trouble slide thing way. Britain have one room one but it might be. The next one overturned and and they come out and do without what happened with Japan the public employees speech contest it was important to have been the sequence. In which they've been casting doubt on the legal precedent and you can see that. Again it's one of the reasons why everyone knows that some precedents are all the but it shouldn't be getting off properly while others have not terrorists have been challenged. And off again split between the circuits are one of the key indicators spot. All of a kit that is simply the decisions that data off. Do you think about it even if they don't take them you can see sometimes. A faction of the justices are opting to kick it can that would draw into question an old. Unprecedented demand that lots of evidence the warriors can look out to know which precedent mean in jeopardy now. And yet so hard to predict ultimately when that would happen and and. And I'm glad you made that point you know as a lawyer I can tell yeah I can't point to one. Supreme Court justice and that held true to what I thought his or her mom true lost. And I wasn't completely surprised by decision that they made. If that was in my view out of left field. How would you. Most of the people look at appoint a distance of Serbs earlier on lower courts and dot produces a very vulnerable body of information as to probable on the other hand. The office changes them wonders though. Are higher court that they need to open. Something you often comes forward and the trucks will shift from position. That they were brought to stand and turn out to be leaders from the for an important do so. That's what it is also. Which is in that to look beyond the record of cases of the account must political world that the east side of the whole lot of it is a long record to pinpoint the articles he's written. Under its own name expressing its own views and what about. But on what gets frustrating sometimes it's when they. Speculated that the account and not think Stefan DOS we're both the different. He's written and all of its approach at a point in the opposite direction in public you you will bring about some things he's probably not gonna do. Lot of huge drop in Wendell and Darren out four days and in my view. So act in there on. You can tell what they're concerned about to pull obviously. Although he waited and then an abortion and on. You know it's Michael protocol and I've written about this it's just caught it and it can unscramble product demand system. Well would be law. Happy with the idea of you know political count estimates that if they cut back on a certain. In practice most justices most of the time of course along with president whether or not they would go on with the first. Yeah right right. Final thoughts. Well. Yeah okay here and watched what particular storefront with a one after to the Supreme Court nomination hearings Republicans for one. Since. It. It because people do not believe it themselves well and the you know you can try to keep told topical planned and part of this is that. On and unfortunately and we have come to put too much. Ball took too many eggs in the basket of the supreme court of law we expect to too much we expect to make too many decisions. That we ought to be turning to the other branches of congress to that aside like to pull back with the war on so it doesn't matter as much suite of tools and this is more important in the presidential election. Bought into that changed and soon. Yeah I couldn't agree more worth absolutely. Walter Olson thank you so much for joining us today we really appreciate your time. Alrighty folks I was Walter Olson knew with the Cato Institute Robert A Levy center for constitutional. Study. He writes extensively on the American legal system we'll be right back to the skull 260187. Near Texas at 8770. This is new rule under WL. Rebecca look in its. Continue this conversation that we had from the first dollar as it relates to president Barack Obama just wanted to check in on the Cavanaugh. Hearing and in the aftermath of the four days of that hearing so we'll go back to the talk lines is good line to talk to Joseph and that tree what say you Joseph. Reform and who mullah. Our Euro on traditional. You know shocked to hear some of these people what thought. You know wanna call women men and am Naughton who guarded and show law being called operations in this and that don't. All. Are there are you all. Arm arms arms garage. There at all. You guard usual Internet radio feed off you know wandered out cherished also spoke. Call. He didn't know what was moment when when some admiration which pinnacle mall all and you have to defend themselves instead of. All well John you know. I prick I appreciate the observation in the earn I don't really defend myself much because I'm comfortable and models and I know I'm not a racist unknown white nationalist I try to look at that things updated the empirical data to support sing. And talk about particularly issues. You know already just mentioning that I was gonna talk about Serena Williams never mentioned race. I start getting all kinds attacks that I'm picking I'm picking on black people. Doesn't matter to me when why aren't line or purple or green tomorrow I under I think her conduct yesterday was on becoming. Of a professional athlete she she was one. That brought her credibility bear in I'm gonna talk about it and she's the one it's that she was concerned about her one year old. While I don't know that I want my one year old CNV smash my tennis racquet on on the ground and and gone from there I mean these these are these are issues that come up we're talking about whether or not this umpire was sexist. At that at that point in time if they allow any of these athletes to engage in that kind of behavior shame on the US TA. That's and that's right my view on all worried I don't wanna watch it wanna I wanna watch that. Not aren't you determine I was shocked if you Obama you know where practically did it mean. You know he'd just won against them Coleman. You know and envision bridges and condition didn't trump then be able to launch that ended in use. And it's art and quarry in all of oil scraped off you go. Other big that may be subject to some debate Joanna and I get it but the fat the facts of this is that. President Obama did the same thing. And and look president trump is not the most deferential individual audible walked the face that he or not by any stretch of the imagination. So I don't defend people attacking him because he gets his just desert. He's good addition it now has got to be good taken. You know once you dish it you gotta be able to take it and sometimes he's not so good that taken. So maybe we ought to just stop dishing it. You know in that respect and I've said that over and over again but people seem to forget that I say that because they want to believe that I'm whatever they think I am. Low blow which gives them I would get all appreciate you listening to me all don't you take. All all you you'd like abuses in the creation would bar and go. Absolutely I went fishing Saturday and nailed him it was a lot of fun had a great time. Thank you Joseph appreciate your body home run let's go to Paula Maru are all month I would say you Paul thanks for holding on. We're good morning good morning. Cult. I wouldn't hurt opinion of the comment but they have Bratton. Made. And you know call it actually kind of felt like. Berry device is actually thought that the rate. Issue our country exactly gotten better than me. Growing up in new all. And objective and well but a lot of things that I think for certain. What that. We create situations where's there side. So. Thought it was wrong that he did what did. Well. And that the Democratic Party. It's still upset so ago from the elected I believe. And it's interesting because. For the way a lot because he viewed as the democratic. White. That he's not that pipe in that way they even call. I mean the Democratic Party is. What was it that run accident because the head of binder. Well win and that he was going to looking to maybe get jobs too slow or what was that Hillary would call rate. When she was running against Obama so their whole heart pretty divisive. Cultural. But by but he's he's very irritating because he'd call no doubt about it but I. Think. What he's trying to pull the country together as a group I don't feel that he is the fight to lose when that this opinion. Yeah I mean look I think I think there are criticisms. Lying. Realistically on blow. And the rhetoric sometimes tests to change. I'm not so certain. Once taught speed and leaders speed of the pack in DC. I'm not sure that any of that matters. You know what I see coming out of there is pretty incredible when we have. Former congress folks representing. Russian oligarchs for McConnell folks representing companies that have been banned from doing business in this country. And it seems to me the focuses on the money enough canals in and whether we're did this is a non. For a lot of votes doesn't really matter much. Paul thanks for Colin to we appreciate it we're gonna continue this conversation and bring up some thoughts about what I think. About. Serena Williams conduct. The other day and whether or not. Mrs. Much to do about nothing or maybe it's. If there is something. To do with a bottle lot of different things but it may not be where you think it is when we return stay with us. Give us a call 260187. Or Texas and 8787. And this is new rule on debit Libya. We're back I don't know if you saw the US open women's finals the other night but you know it really highlights. And it's not just about the women it's about the men as well. It highlights the weaknesses. Of professional sports and their hobbling. A professional athletes. In this particular case it was Serena Williams conduct. I think it was completely and totally unacceptable. So how did this public melt down on the court start. The chair umpire makes a ruling. That she is receiving coaching from her coach gearan play. Immediately. Serena denies that that happened she calls. The umpire a liar. Is demanding an apology. And says that she has 001 year old child and and she you know doesn't want to be characterized this way. And demands that he announces that this did not happen. That's when we get to problem number one. Patrick Mora told blew. Her coach told ESPN. I'm honest. I was coaching. I don't know about you. Dawned. The umpire saw it. He called it. Should he have not called it. Because it's Serena or because it's the finals. He sought to coach admits it. He can't overlook it right now Serena is response I don't cheat to win I'd rather lose really. We'll explain this to make. Your coach admitted to sending hand signals to you. However he's not sure you saw it. Mean. So coaches and players develop a series of hand signals in order to communicate a shift in player's strategy. And knowing that that would be a violation of the rule. And that's not having eight cheaters in tent. She can't have it both ways. Is she really asking us to believe. That they develop these hand signals so that. She won't cheat. This is a no brainer at the very least it's an attempt to cheat. And Serena is defense. As well as her peer players both males females and otherwise. Are saying. Everybody does it. Policy. So if everybody does it then it's okay for you to degrade your moral compass. And that really doesn't say much for this sport. When the stalwarts in this sport. The hallmarks of this sport. Billie Jean king and so many others. Are are saying that the violation should not have been had and they're attacking. The umpire. Eight prevalent practice and violations. Coupled with no accountability. Therefore. It's not cheating. Wrong. It's still at the very least attempt to cheat and the irony here is in the tennis world. This qualifies as you being a victim. And you get to play the victim role. Then the meltdown goes on. We're Serena then breaks or tennis racquet because she's not getting her way. Another violation. And obviously a sexist response. Maybe. She should have been given a point back because women or two week to break a tennis racquet not many do. I'm not sure what they're looking for. Serena gets so they'll pick game penalty for verbal abuse. Did cheat. Sounded like it to me. Called him a liar demanded an apology. Called him at the said you'll never sit in the chair for another one of my matches ever. India and it seemed to be focused only on the umpires decisions. And tried to use those positions in order to justify. Her behavior. This is the behavior she should worry about her daughter. Not seen. What is it ever being in that rep for reason umpires are perfect. They're not they're human. Not now not ever. However here. There are many they're two cases of this where they wore. And they were proven right. And I guess they're being asked. To look the other way. Maybe it's time for the tennis officials to take control. Of their sport. And not allow any of these outbreaks. And may be at that point in time. There may not be the bail availability. Of disparate treatment. Amongst players if we just all. Improve. Our behavior will be right back after the break this is dole on WTO. Greg in Slidell what say you Greg. And I adored and loved. Yes welcome. Okay go one ball. I know Serena where you. And project in the world. And people. You know we go to your native. A long day. Or her character. Can afford. Do. Career picks but it ended. Agee. Arranged in a strange relationships. And changed world from Korea we. Or at all. You cried 01. Of the oldest. Quarterly review. Its main purpose they took the food and Bolton. Spoke earlier in the big where apple race. Keep it continue to stay on track. And them point of the main focus should be. Trees were people there. Were. No. Arctic. You know we all believe cheap what. It. And. Rodriguez Greg she called the umpire sexist. Do you really believe it's sexist sexist I mean I saw. The coach admit on ESPN. That he would send in her hand signals. She says she's never done that she's not a liar she doesn't she she'd rather lose the game then cheat. Well at some point in time Sheehan the coach had to have a conversation about development hand signals. Their defenses is that everybody does. In that anybody that wants to defend. It just so happens it was car. In the finals of the US open. If anybody wants to defend by saying well everybody does it that doesn't say much about the tennis association. In the sport of tennis. That everybody cheats. They know that it's in the rules it's a violation of the rules they go about developing hand signals. And and it's amazing to me that some of the folks that I have looked up to. That have come to cure her defense. That sale you know this is this is ridiculous because everybody does it. Really. Everybody cheats. In tennis. I mean why is it that we can't just sit on our hands. So somebody had to develop these hand signals and I think it's a little disingenuous for Serena to say you know I'm old do it. I'd rather lose the game and then why did you all develop pain signals. If you don't do the facts are everybody does but the umpire now has the past to be called sexist. That he is disproportionate. Treatment to women. As opposed to man and what I'm saying is is that that is a silly defense. And it should be. Bet none of these players ought to be able to engaged in this. Behavior. Online three talked to Rufus and Belichick's what say you reforms. Yes yes but this group whose urban Amanda my comments. Too close to. Are isolating Serb willingness. Considered. Reprimand that your so and Johnny Mac. And I'm giving new day association. Did it but did Johnny Mac call the refereed. A sexist. Jerry Mac called dumb. Umpire. Everything in the book. They all do they all do but did that column a racist or sexist or something to do we gender race or otherwise as anybody intent for Orton. No she said sexist it was. No I'm John the point I'm trying to make based on gender race or rather or some other protected status. You. An example because men do it in the world. Trade and all sports. Actually Kennedy. And okay. The first sanction. List for coaching. And she says it doesn't happen I'm not a cheater I'm not a liar I don't do that I'd rather lose the game now you tell me. The coach in her the coach says I was sending hand signals I was coaching. So good. Start so if you tell me is a disingenuous to make this statement if the coach and the player have devised hand signals in order in order. To coach to earn a during the game. We're. Just a simple yes or no answer is disingenuous. To say I'm not a liar I'm not a cheater. Oh but the coach and I have hand signals that I can receive deer in the game which is a violation of the rule. Chase should correct that scenario. Unless it is. Isolated situation and it happens all the time. And women's and men's professional. So why why don't we have speed limits everybody speeds all the time so we should just do away with the speed limit so when we get a ticket our defenses going to be. Officer I don't know why you waste my time everybody speeds all the time that's that 65 mile an hour sign means nothing. Now. Oh. In the professional world tennis. There's actually split its start to men. Bitter very acceptable. Women. And that's what all that is wrong doubters wrong but that is not an excuse for your behavior. But right isn't there is wrong aren't so but yet and and that. It it and it's not in and but. That the fact that everybody does it is not an excuse for behave your behavior. I agree that agreed that however he was not only did he. And fort so why he. You'll normal protocol. He gave gave her a warning the first. No it was actually. Which she didn't get awarding it. Well. I think the official record says that she got a warning. Well I'd a different. Thing what you are. Top tennis players get preferential treatment. Yeah then and now it's wrong to. Well it's wrong but it happens in match. Point. That was sure. What did she didn't she's a top tennis player and she didn't get preferential treatment. Like she's not gonna get the violin playing over here and I'm not like she's got violent plan. From any anybody else in and aren't aren't. Right he he he shouldn't done he shouldn't go out and either. Well that's ridiculous. So the upper common players are playing against a stacked deck. Had I just that then then there's bigger problems in tennis than what we are aware of maybe we shouldn't watch it at all thanks for column group this guy get to a break this is new rule and every Dario. And scuttle on board talked to Leland into Wallace let's say you Leone. I could the Malone. Yeah. Or call disarm our out scores aren't. I am. I grew up. And there. Was either. He or better to be. It was a hard in the I mean in the air. I think unions should be president but it could be buyer whether it be great because they've parties were. You are young legs and pay me. For being here. Audit partner problem they spoke would be. Korea global rule. I actually agree with that now. When eco should be. A professional championship as well. We did not. Go back. And and at all. Why are. You in. Other. He acted the master role and idea O zone. A little. Bit. Yep gotta get to a break.