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Transcripts for FOXNEWS America Reports With John Roberts Sandra Smith 20220126 19:36:00

official. sandra: so i guess we are left wondering when a possible announcement could come and i will ask you a question i asked jonathan turley last hour, top of the hour, they are running together now, not a lot of commercial breaks during the breaking news. do you believe shannon, or have any knowledge that some of the other justices, based on their age, might start to be pressured to move out? well, again, i mean, the most senior member is justice thomas, he s not pressured out by the left, there s no way. i think he will stay on the bench absolutely as long as he feels he is mentally and physically able to be there. he s very robust. seems in the last year or two, especially, he s come into his own with the very strong voice in a way he was not doing before the pandemic, put it on the phone lines and not in the courtroom for many arguments. i think he has sort of gotten a second wind on the court. he seems very inspired. so he s not going anywhere, i

Transcripts for FOXNEWS America Reports With John Roberts Sandra Smith 20220126 18:39:00

trajectory of any possible nomination. he did not want to be in the same position as ruth bader ginsburg when that seat flipped. and so i think that is clearly the most important motivating factor. i don t think these groups had an impact on him. i think that they were insulting and i think they were disrespectful but i believe he made this decision on his own. and as we move forward i expect that he s going to finish out the term. the thing to keep in mind is some of the most important opinions of his long career may be in the next few weeks. you know, if he retires in june or july he s going to vote on what could be the most impactful decisions on roe vs. wade, second amendment, race preferences in admissions that the court has dealt with in

Transcripts for FOXNEWS America Reports With John Roberts Sandra Smith 20220126 18:41:00

now. we are grateful for your career dedication to fairness and justice for all. sandra: ok. let s bring in mike davis, a former law clerk for justice neil gorsuch. mike, thank you for jumping on the breaking news with us. these are people that you have intimate relationships with and you have spent a lot of time with those on the court. give us your thoughts in this moment as i go back to jennifer griffin s reporting about it seems that the justice wants to get it out there, although we are still waiting on a formal statement, that he was not forced out, and that this is a decision that he made on his own. what can you add to this? justice breyer is a good man. he was very good to my former boss, justice gorsuch and law clerks including me when we joined the courts. he has shown independence as a justice, he has been very outspoken about the democrats pushing to pack the supreme

Transcripts for FOXNEWS America Reports With John Roberts Sandra Smith 20220126 18:06:00

at federal judge brown jackson. she s on the d.c. circuit court of appeals, considered aaa, before you get to the supreme court. numerous justices on the bench now came through the court. she s viewed as highly intelligent, very qualified, and sitting on that court has given her even more of addition to her resume, that s where you go before you end up at the supreme court for many justices. i think justice krueger from the california supreme court, another woman of intellect, and often seen as a swing vote, who does build compromise. again, she s clearly, the president is only going to pick someone who he thinks lines up with his judicial philosophy, but might have more appeal to those concerned who call themselves moderates, give me somebody who is a consensus builder, potential swing vote, and so i think i would keep my

Transcripts for FOXNEWS America Reports With John Roberts Sandra Smith 20220126 18:16:00

kruger, california supreme court justice, born in 1976. a former obama justice department member, argued 12 cases before the supreme court. she clerked, you talk about someone, you know, how brown jackson clerked for justice breyer, she clerked for justice john paul stevens, sterling resume and apparently according to colleagues, a very strong favorite for a supreme court seat if biden holds on to his campaign promise of nominating a black woman. do you know anything about her, and is the california supreme court, any state supreme court as big a stepping stone to the supreme court as an appellate court, appeals court, one of the district courts, andy? trace, it doesn t happen as often but that s a stellar credential, and what i know about that particular judge is pretty much the resume you just outlined, which is a sterling resume, and it has the advantage

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