i think this is an activist court. getting rid of roe v wade was an incredible thing for pro-life. simply because people disagree with an opinion is not a basis for questioning the legitimacy of the court. is the u.s. senate confirmation process to blame for polarizing the entire judicial branch? what you want to do is destroy this guy s life, hold this seat open and hope you win in 2020. donald trump, mitch mcconnell and their republican buddies are shoving aside the wishes of the american people in order to steal the supreme court seat. is the court now out of sync with the american public? a court that s already pretty illegitimate is going to be in full crisis mode. and now new questions of ethical standards. have the justices damaged the court s reputation further by failing to disclose financial relationships and gifts from wealthy donors? the perception of the american people is important to me. the highest court in the land should not have the lo
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she clerked for justice kavanaugh while he was on the d.c. circuit and for justice thomas on the supreme court. and andrew crespo is a professor at harvard law school. he has clerked for justices kagan and breyer. jennifer and andrew, welcome to meet the press. let me start with the leak and how bush v gore, andrew, didn t seem to create personal divisions on the court the way the leak of dobbs did. what s your sense of what s going on behind the scenes? chuck, we have to remember there was an investigation into this leak. and i think that investigation produced a 20-page report, told us three pretty important things. first, the report seems to make clear that this leak did not come from a law clerk or a court employee. this was an investigation done by experienced criminal investigators. it was reviewed by the secretary, former secretary of homeland security, looked at forensic cellphone records, and it asked every employee and law clerk who had access to that opinion to swear und
it appears that this is no longer emergency relief. this is a political dispute. and we never know what the rationale is. has this gotten overused, andrew? i think we re seeing a greater sort of frequency of folks turning to the judiciary. and one of the biggest challenges now is that parties can pick their judges in the lower courts. right? you can file a lawsuit in texas, pick the location where you re going to file the lawsuit, and there will be one judge who s going to hear that case. and you know the political party who appointed that judge and you know the political valence of that judge. when you see parties rushing to the judiciary and getting to pick the lower court judges, it s an accelerant that forces everything up faster to the supreme court and is making the supreme court, which is now a very conservative court, basically sitting in the driver s seat on all of these issues as they get shot up to the court and is using that shadow docket to act faster on these issues.
part to our structure. the court does bring finality to things that sometimes i don t agree with, sometimes others don t agree with. but what we don t want to do is bring the court down with the rest of us. senator roy blunt, it s good to see you. thanks for coming on, sharing your perspective, and i look forward to seeing you again soon. you bet. when we come back, has the supreme court damaged its reputation by having no official ethical standards? i ll talk to two former supreme court clerks, andrew crespo and jennifer mascott.
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