Corton Channe Nine's can be partly mostly Sunday Today humid, I have ninety same thing over nine down to seventy one humid Tomorrow, partly cloudy, isolated storms in the afternoon, in the evening ninety one, seventy three overnight with maybe a chance of a storm. Thursday a mostly sunny day with a chance of showers of thunderstorms as well. Ninety five is going to be the high end. Right now, it's seventy two. Time for traffick update.
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He Talks Station.
Two fifty have care c DE Talks Station. I've been looking forward to this all morning, knowing that Steve Gooden was returning to the program at this time to talk about Biden's efforts to transform the Supreme Court into some sort of I don't know liberal mind meld cord there. I'm unhappy with various decisions. They don't believe in originalism. They believe in judicial activism only when it benefits them. Welcome back from the law firm. Reporter right, Steve Gooden.
Great to have you on the show today, My friend.
Good morning. Good to be here. Brian.
Well, let's just start from the realization that there's no way in God's green earth that Biden's proposals to transform the Supreme Court are ever going to go through. One would require constitutional amendment, which requires well and embraced by the vast majority of states, which many would not do. Second would require congressional action, which, of course in a divide of Congress where the Republicans at least control the House.
It's not going anywhere, but this is going to be a springboard for advocacy by the Kamala Harris campaign and hopefully not administration correct.
I think that's one hundred percent correct. This is politics, pure and simple. I mean, I think it's as simple as this. The Supreme Court's approval rating right now with about thirty six percent. The Dobbs decision overturning Roe v.
Away was very very unpopular among younger voters. So really this allows Harris Biden and whoever congressional candidates whatever to talk about the Court in a way that will really potentially appeal to those voters, that lets them talk about abortion without directly talking about abortion, and sort of the idea here is, look, we're unhappy with Dobbs, so we're
going to change the court. It's very very similar to what FDR did back in nineteen thirty seven when the Supreme Court refused to approve some of the new aspects of the New Deal Plan, which were politically popular. So we tried to quote unquote pack the court. He tried to take it from nine members to fifteen. He was ultimately unsuccessful, but it was a real political hot potato back then. It was advantageous to have into his party. And I think there's something very very similar going on here.
Well clearly, but I suppose history has demonstrated that when FDR tried to pack the court, the judges ended up doing a liberal more liberal pro FDR policy shift. They see their own jobs on the line maybe and decide to capitulate to some degree.
Well, that's correct. He did get two of the big things he wanted, the National Labor Review Board and the Supreme or the Social Security Administration ended up being narrowly approved after that, because I think a couple of the judges probably did flip. And I do think you're going to see some action from the Court here, particularly the one aspect. Well, I think the eighteen year term part is dead on arrival, and the efforts to overturn their
recent decision about presidential immunities dead on arrival. But the co of ethics part of it, I do think the Court will end up doing something different with They've been kind of grappling with that. Justice Roberts, the Chief Justice, has been grappling with that. We have a couple Justices Alito, particularly Thomas, who have admitted going on, you know, big trips and so forth with wealthy political donors, even though
those donors didn't have cases immediately before the court. They were the kinds of gifts and at the kind of price point that have attracted attention. So I do think they're going to do something on the ethics front.
Well, and that's fine, But and I know Thomas didn't disclose that he flew in a friend's private aircraft, but that was before the Judicial Conference changed its rules to require that judges disclosed that kind of flight. So he didn't violate any judicial rules at the time. But I know the appearance of impropriety is right there, and that's just what's genning all the people up about Clarence Thomas.
I think that, Look, clart Thomas has been a lightning rod since the moment he got nominated. Yeah, well, it doesn't matter what he does or doesn't do, he's going to come under some some you know, more scrutiny than than anyone else I think who serves on the court maybe ever, maybe anyone in the history of the country who has served in the court. No one has had their personal life, finances and things scrutinized the way Thomas has. But you know he did in this one. I think
kind of lean into it. You're right, he didn't violate any rules, but that's the kind of thing that the average person want they hear about it, just the kind of you know that is that okay? Is that right? You know they're you know, big Republican donors, you know, fly on private jet, dedicate, they paid for a cruise for he and his wife. There several several items like that that I think when you add them all up, it was a value of several hundred thousand dollars, uh,
things that the average citizen really can't afford. It is. It is an appearance thing, and I think that's going to kind of linger for him because there's so much there's so much animus against him anyway. I think that they're going to continue to make that tough, and I predict that the court will do something on the on the FIC side of it. But these other two items I think are just purely political or they're going to lnker are they just as political talking points.
Are legal experts to you good and from Pord to Wright, let's possible. And we'll bring it back and find out why the ethics changes may end up being a train wreck as well. Considering enforcement seven thirty seven to fifty five KRCD talk stations, whos Att Lows Camp for your not buying a home, or you financing your existing mortgage.
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Partly cloudy to mostly Sunday. Today, it'll be humid going up to ninety seventy one overnight. It or remain humid Tomorrow, Partly cloudy, isolated thunderstorms and showers in the afternoon and evening, going up to ninety one down to seventy three overnight, with maybe a spotty storm popping up somewhere. Thursday I mostly sunny day, chance of showers and storms as well. Ninety five for the high. Right now, we're looking at seventy two degrees. It is time for traffic.
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and Cruiser are working with a wreck below Morrow. That's on twenty two at subs milk Chucking, Vermont fifty five krc the talk station.
About KRCD Talk station Brion Thomas with legal expert Extraordinary from the law firm. Reporter right, Steve Gooden. Always welcome to you coming on the program and explaining things for us. Steve, I wrote the word lawfare down on this. The justices already have a code of conduct, but it's kind of like the Internal Affairs Department that since Saint Police monitors its own if there's a complaint, the IA looks at it and then makes a decision on whether there's been
misconduct or not. I don't the justices already sort of monitor each other under their code of conduct because Biden is basically calling for outside enforcement, wanting lower court judges to investigate charges of ethics violations and then rule on Supreme Court justices behavior that sounds to me like a train wreck waiting to happen with thousands of complaints following,
and they even have that going on right now. Judge Eileen Cannon, the one that's sitting on Donald Trump's document case, apparently he's already received more of a one thousand complaints in one week, what the Circuit Court called an orchestrated campaign. If that kind of volume comes in, they're not going to be doing anything but investigating allegations or judicial misconduct. How could this be right or a good way to go, Steve?
Or is it? I think it's a terrible way to go. And I mean, look, I get again the politics behind this. I mean, we have this situation where you know, in my view, two of the justices, particularly Thomas, you have opened up this issue by accepting and ultimately disclosing these gifts. But you know, what we're forgetting is is that you know, when they updated and redid their code of conduct last year, it did require these disclosures in tom Us quickly disclosed them.
So we know about them. We know about them for sure because he told us. So from that standpoint, it is working. And if there was any you know, presumed bias or anything, it has been disclosed and it's out there.
That's the whole point. But you're right, otherwise this you know, the Supreme Court has really been outside denomination process, which is terrible now and highly politicized, but outside of that process, the Supreme Court is one of the last parts of our government that really kind of is exempt from lawfare and does work the way it's supposed to work. I mean, these are lifetime appointments. Once folks are there, they're able to do generally, able to do their job. This would
change that. This would open the door, as you put it out, to all kinds of artists in the tax. It would open the door to orchestrate the tax. That would open the door to you know, if you don't like the politics of someone on the court, you can engage a lawyer who is like minded to file a complaint and just tie the justice up and these endless disciplinary processes. That's not what this is before about. And you know they call this, Biden's calling this that nobody
is above the law Act. Well, we're not really sitting in the Supreme Courts above the law, but they are there. They basically are the final arbiter of the law under our constitution. Our founders, you know, set it up this way, and I think they were correct set it up this way, see right, I think this would just be the opening a door into nothing but put more chaos that will undermine the rule of law long term, but will undermine
the Court's legitimacy. Ironically, they're thing, we're doing this to make the court to preserve its legitimacy. All it's going to do is long term undermine it's legitimacy.
In my view, well, couldn't they just simply ban the judges from accepting any outside contributions, gifts, donations, flights on aircraft period in the story, regardless of whether it results in a conflict or not. Oh oh, but the hypocrites in Congress might have to look to themselves in the mirror and say, gee, we go on all kinds of trips and conferences, resorts, we get speaking fees, we get booked on I mean, I mean position heal byself.
Well, that's exactly right. I mean, look, if you're in Congress, your ability to take honor area for speeches with no limit, like you could charge somewhat, you know, fifty thousand dollars for speech, They'll pay it. You can write a book and have your donors buy it massive amounts of copies of it. Because no one in the general publics ever going to buy your book, but the book can become
profitable because donors buy it in an orchestrated way. I mean, there's all these things that people do to supplement their income. In Congress, and some of the justices have explored things like that over the years, there's no question, and they've been pretty open about it, both liberal justices and conservative justices. And in fairness to them, they get paid roughly what a regular judge is paid in the federal judiciary. They're
not getting rich. They're getting paid roughly two hundred thousand dollars, which is a lot of money for the average citizen. But if you're if you're living in the district at clubs are the most expensive places in the country to live, and you really have to travel the country check you know, as a part of your duties supervising the federal courts, it's really not as much money as it might seem. So the temptation to look for outside income, speaking fees
and so forth is very much there. But you're right, I mean, look in Ohio, if you're a public official, you know, if you are the governor or even work for you know, Department of National Resources or a state trooper. You can't take more than fifty bucks from somebody, and any gives time. And that's but if again it's good for the goose is good for the gander. If you're going to do something like that to the court, you're going to have to do it to the other branch
as a government as well. And that would send shock waves through Washington because the average citizen, I don't think, understands how these things work. And how can particular numbers of Congress find ways to supplement their income through speaking fees and books and things of that nature.
It's interesting you even brought that up, because, as you know, something's subject to the SEC's rules. I've got a heapload of rules about you know, plug all a pail. You can't accept anything more than like twenty five bucks or something. I mean, it's they're really, i mean, across the board, very broad prohibitions on you know, because I have a forum here, I could you know, promote something for as a favor for a friend or whatever. I at least
understand and get all that. But here I am living under these types of rules, and wouldn't be a wonderful thing if Congress had to go do the same thing. But no, you'll think they're going to vote money out of their own pocket, do you, Steve?
They haven't yet. We've we've been waiting two hundred and thirty four years for something like that. Now I don't think it's happened.
Yeah, yeah, still lay away good night, dreaming of the day.
Hey.
And finally, insofar as the proposal for eighteen year term women from justices, and coming from a guy like Joe Biden, given his age, I thought was kind of comical. The Constitution does give them life tenure, which means there would have to be a constitutional amendment to change that.
Correct, you know, I believe shown. Now what's interesting to me is this commission that he has put together, that Biden has put together, seems to be of the impression that Congress could change the terms themselves. And that's not how I understand it. And I know there's other folks much much more verse than these matters than I who are throwing the caution flag on that particular proposal as well.
In a way, it doesn't matter. There's an absolutely no way this gets through Congress, and even my senses, there's even quite a few Democrats who are sort of institutionalists who would really not want to make these changes. So I think it's dead on that. Proposals dead on arrival. But if you read his proposal closely, he seems to be of the mindset that Congress has the ability to
do that. So and I think if somehow or other he were to get through the votes, or if Harris were to win and get a large majority in both houses next time and actually pursue this, which I don't think they even would if they did, But if they did pursue this, I think that would end up being litigated and ironically right back in front of the court. So I would think that this would require a constitutional amendment that they seem to think it would not. And
the Constitution is hard to amend on purpose. You know, it requires it's going to pass both houses of Congress by super majority, and it has to pass three orts
of the state legislatures. You have to have a real support among the state been a country for two hundred and thirty four years, give or take, and it was only amended the Constitution or what twenty six times, and those are for big giant issues, you know, like they deal with you know, women getting the vote and ending slavery and things of that, where there are gigantic political movements and a lot of consensus, and they're certainly not that kind of energy or consensus around this. So I
think that's that's the debt on arrival. But you know, they do seem to think that they could just do this by act of Congress.
Well, amen, and I just just before we part company, that approval rating in people's approval rating of the constant of the Supreme Court. To me, that just represents a fundamental misunderstanding of how the courts work, whether you or a originalist or a liberal activist. That's the real distinction between the left and the right. The originalists believe in the righting of the document and stick to it, and that to me is a sound legal foundation to be
you know, to be working on. Can you imagine if this conversation came up during the war in court administration, where the right was freaking out about all the left leaning decisions coming out. No, you didn't scream and yell and talk about packing the court back then, did they?
No? You know, And I think that really cuts to the bottom of what's happening here. Is. You know, there were folks in the conservative legal circles who were very very upset about Roebuck in nineteen fifty or seventy three and a lot of the other decisions that followed out of that court. So they began what was really a fifty plus year project kind of grooming conservative justices and going through the political process to try to get those justices appointed over time so that a different sort of
philosophy would take over the court. And that's what's happened here. So you know, this group Biden is basics saying, hey, we don't like the bend of the court. We're not going to do We're not going to do our own project and groom our own judges and make the argument and win over you know, Congress and try to win the presidency. We're just going to change the rules. And that's that's really what they're doing here. Amen.
That Steve Goodinporter Right dot Coms where you find them online. Thank you for your thoughtful analysis, Steve. It's always a real pleasure having you on the.
Program, Sir, that's great being here. Take care of Brian.
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