Supreme Court justice search under scrutiny after Kennedy retires

have we been reporting president Trump is wasting no time on finding a replacement for retiring Supreme Court Justice Anthony Kennedy he says that he will announce his choice on July 9th but as of Russia Cloud was over the White House special counsel investigation is finished lead to a constitutional crisis made it lit former speechwriter for President Barack Obama’s in Washington it’s really the head writer for Funny or Die breakdown your argument how could making a supreme court pick actually end up turning into a constitutional crisis of course we don’t know how or I outright conspiracy or anything worse than that the constitution gives us some remedies for what you do about politicians you can vote out of President you can vote out legislators it does not give us remedies for what to do with justices who were under circumstances that we now know this case we would but we’re totally legitimate and we’re going to have to figure that out and it’s going to be very very difficult and it’s going to threaten the Integrity of the .8 as you know have really the voting power and they want to push this forward and so do you see anything changing if they want assertive get someone in there before midterms I suspect I think he’s going to go as fast as he possibly can he’s going to ram this through don’t forget Neil Gorsuch was also ran through right they didn’t they invoke the nuclear option to get that done in under or 60 votes that’s the first time they did that however I think that we could be setting ourselves up for AC Chris prices down the road where let’s say 20 years from now we are seeing five for extremely unprecedented decisions that we all know would never have taken place if it weren’t for Vladimir Putin’s meddling in our election I don’t know how we the people are going to be able to handle that kind of repeated reshaping of our constitution not just for a few years but four decades to work we been viewed as really above partisan politics Trump Administration has turned this into more of a political process and how do you change the type that is the case the Supreme Court has never been totally immune from politics and his allies in Congress seem to feel that their kind of picking a new team member Justice Roberts and famously talked about his role as an Umpire calling balls and Strikes Mitch McConnell seems to think he just got a draft pick and Trump for the first I believe for presidential candidates didn’t just talk about the kind of just as he would like to appoint put out a list of justices that he might Point that’s a new encroachment of the political process on what’s supposed to be an independent Judiciary to all of these things are challenge the Integrity of the Court little by little and the Russia probe obviously if it finds evidence of something more severe than you know what we seen so far if there’s fire to go with all the smoke We the People earlier this interview were seeing folks taking to the streets in cities across this country over immigration how does We the People the folks out there in America counter a supreme court nominee when you know these are folks who are nominated for four years their nominee 4life how does anyone counter that on the street but I think that we’ve seen four generations Supreme Courts that have been out of step with what the people the majority of the American people want I believe the last time we majority of the court appointed by democrats was 1969 so most Americans have never been alive during a time when the court hasn’t been conservative this is going to accelerate that train is going to make it worse I do think that if it turns out that the new 5 I already on the court at came to being because of Vladimir Putin the next Democratic Administration will probably be thinking about ways to reform the court and make sure that Putin’s influence isn’t felt for decades it’s one thing for we the people the people in the street to be working within the city but we all grew up in but that system I don’t think needs to include foreign powers getting to pick justices for life BSN political contributor Boston Herald columnist and politics editor for any Michael you heard it there a lot of ifs to David’s call him when you make up his argument referring to maybe at the transition point where one’s coming in one’s going out but my account today but we are entitled to at least one president at a time who can’t do basic things like nominate somebody for Supreme Court vacancy you don’t really have a present in the idea that you would say We’ll one day this President might be impeached and one day we might discover that she did something bad and so right he can’t do anything until then I don’t know how the system would work very obvious example is Richard Nixon Richard Nixon was forced out of office he appointed to Supreme Court nominees nobody said we can’t have Justice rehnquist anymore every individual being perfect the president gets to nominate somebody but there’s a reason why the Senate reviews in the Senate does not review judge Gorsuch or whoever it is based on what do you think of Donald Trump did he pass the test now it is just your wrist why do they have the right temperament do they have the skills if they do it doesn’t matter who’s nominated by Trump or Obama or Satan end up with a Supreme Court Justice that’s the system the system works pretty good and I think that may be what David is overlooking have faith in the system at you a lot of folks completely look at the Supreme Court as an institution that should never be political but it’s starting to feel that it is political and it leans too far to the right or One Direction the folks at hometown Michael I think it’s not even to think that the court is suddenly becoming political unit back in FDR’s day they had a major crisis over the court Court ruled on Roe versus Wade the American people were bitterly divided headed 45 years later people are still bitterly divided and yet the court is still the court this notion of the court is somehow in a danger and I think there’s any point in danger of losing credibility I checked gallup’s number we asked are you at I do feel feel confident in the institution today about 40% of Americans say they feel pretty confident about the Supreme Court 10 years ago today about 32% of Americans say they feel confident in that 10 years ago was down to 25% my point is that the confidence in these institutions ebenflow often do to partisanship do I like the people who are there but we are not in the credibility crisis for the there’s certainly no reason to vacate a president’s constitutional power because you think that one day someone might find out that he did something icky that wants before midterms look at the president nominate someone whose lousy this doesn’t matter what complaining immediately he was forced to a drawer wasn’t a judgement on W’s character or on Harry Myers she just wasn’t a good pic but if this system and I really don’t understand how releasing a list in advance undermines assistant I think it’s amazingly transparent you’re not going to surprise you may not like President Trump’s choice but it’s going to be thoroughly vetted by the Senate by the public by the media and if that person qualified no matter what happens in the future what do if you by the notion that President Trump Supreme Court choices should be vacated if he’s later convicted of collusion what about the executive orders that he signed sorry we decided we don’t like you anymore so we’re going to get rid of your stuff and just that’s our system is specifically designed to be bigger than any one president no matter how he turned he or she turns out to behave Monday to Democrats in midterms what energized about doing something about the core and let’s face it that you pointed out many times today here in CVS and they only have the votes the Republicans can do what they want they want to keep them energized but without dripping over into crazy I don’t think that giving Republicans and conservatives on the court is going to inspire voters and are you making them happy what motivates voters tends to be fear or concern and so if Republicans are getting what they want and Democrats are making their case then I think you kind of anybody even split but if Democrats tripped over into kind of overly zealous we have more incidents of people being thrown out of restaurant at the marching in the street turns from animated to ugly I think you can make a lot of Swing right-leaning voters nervous about oh my gosh I got to turn out because if he’s crazy we’re going to spend the next two years fighting off craziness and that is The Sweet Spot Democrats are looking for for energized but not over-the-top when it comes to fighting over the Supreme Court we make a difference for the Democratic party thank you for your time
President Trump says he will announce his choice to replace Supreme Court Justice Anthony Kennedy as early as July 9. But if he picks someone before the Mueller investigation ends, could it lead to a constitutional crisis? CBSN spoke with former Obama speechwriter David Litt and CBSN political contributor Michael Graham about why that may or may not be the case.

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