WEBVTT

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<v Speaker 1>Corton Channe Nine's can be partly mostly Sunday Today humid,

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<v Speaker 1>I have ninety same thing over nine down to seventy

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<v Speaker 1>one humid Tomorrow, partly cloudy, isolated storms in the afternoon,

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<v Speaker 1>in the evening ninety one, seventy three overnight with maybe

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<v Speaker 1>a chance of a storm. Thursday a mostly sunny day

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<v Speaker 1>with a chance of showers of thunderstorms as well. Ninety

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<v Speaker 1>five is going to be the high end. Right now,

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<v Speaker 1>it's seventy two. Time for traffick update.

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<v Speaker 2>From the UCL Tramphic Center. No matter the injury you

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<v Speaker 2>see health orthophedics, san supports medicine, redefines recovery to get

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<v Speaker 2>you back to doing what you love. Called five one, three, four, seven,

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<v Speaker 2>five eighty six. Ninety crews continue to work with the

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<v Speaker 2>three vehicle wreck. It has the left wing block just

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<v Speaker 2>before you get to seventy five. That traffic is now

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<v Speaker 2>backing up to North Bend for close to a half

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<v Speaker 2>hour delay. South Bend seventy five slows a bit out

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<v Speaker 2>of Lackland and there's a wreck bbomorrow that's on twenty

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<v Speaker 2>two at Stubbs Mill, chuck Ingram on fifty five krs.

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<v Speaker 3>He Talks Station.

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<v Speaker 1>Two fifty have care c DE Talks Station. I've been

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<v Speaker 1>looking forward to this all morning, knowing that Steve Gooden

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<v Speaker 1>was returning to the program at this time to talk

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<v Speaker 1>about Biden's efforts to transform the Supreme Court into some

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<v Speaker 1>sort of I don't know liberal mind meld cord there.

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<v Speaker 1>I'm unhappy with various decisions. They don't believe in originalism.

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<v Speaker 1>They believe in judicial activism only when it benefits them.

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<v Speaker 1>Welcome back from the law firm. Reporter right, Steve Gooden.

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<v Speaker 1>Great to have you on the show today, My friend.

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<v Speaker 3>Good morning. Good to be here. Brian.

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<v Speaker 1>Well, let's just start from the realization that there's no

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<v Speaker 1>way in God's green earth that Biden's proposals to transform

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<v Speaker 1>the Supreme Court are ever going to go through. One

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<v Speaker 1>would require constitutional amendment, which requires well and embraced by

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<v Speaker 1>the vast majority of states, which many would not do.

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<v Speaker 1>Second would require congressional action, which, of course in a

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<v Speaker 1>divide of Congress where the Republicans at least control the House.

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<v Speaker 1>It's not going anywhere, but this is going to be

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<v Speaker 1>a springboard for advocacy by the Kamala Harris campaign and

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<v Speaker 1>hopefully not administration correct.

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<v Speaker 3>I think that's one hundred percent correct. This is politics,

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<v Speaker 3>pure and simple. I mean, I think it's as simple

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<v Speaker 3>as this. The Supreme Court's approval rating right now with

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<v Speaker 3>about thirty six percent. The Dobbs decision overturning Roe v.

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<v Speaker 3>Away was very very unpopular among younger voters. So really

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<v Speaker 3>this allows Harris Biden and whoever congressional candidates whatever to

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<v Speaker 3>talk about the Court in a way that will really

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<v Speaker 3>potentially appeal to those voters, that lets them talk about

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<v Speaker 3>abortion without directly talking about abortion, and sort of the

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<v Speaker 3>idea here is, look, we're unhappy with Dobbs, so we're

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<v Speaker 3>going to change the court. It's very very similar to

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<v Speaker 3>what FDR did back in nineteen thirty seven when the

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<v Speaker 3>Supreme Court refused to approve some of the new aspects

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<v Speaker 3>of the New Deal Plan, which were politically popular. So

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<v Speaker 3>we tried to quote unquote pack the court. He tried

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<v Speaker 3>to take it from nine members to fifteen. He was

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<v Speaker 3>ultimately unsuccessful, but it was a real political hot potato

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<v Speaker 3>back then. It was advantageous to have into his party.

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<v Speaker 3>And I think there's something very very similar going on here.

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<v Speaker 1>Well clearly, but I suppose history has demonstrated that when

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<v Speaker 1>FDR tried to pack the court, the judges ended up

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<v Speaker 1>doing a liberal more liberal pro FDR policy shift. They

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<v Speaker 1>see their own jobs on the line maybe and decide

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<v Speaker 1>to capitulate to some degree.

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<v Speaker 3>Well, that's correct. He did get two of the big

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<v Speaker 3>things he wanted, the National Labor Review Board and the

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<v Speaker 3>Supreme or the Social Security Administration ended up being narrowly

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<v Speaker 3>approved after that, because I think a couple of the

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<v Speaker 3>judges probably did flip. And I do think you're going

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<v Speaker 3>to see some action from the Court here, particularly the

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<v Speaker 3>one aspect. Well, I think the eighteen year term part

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<v Speaker 3>is dead on arrival, and the efforts to overturn their

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<v Speaker 3>recent decision about presidential immunities dead on arrival. But the

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<v Speaker 3>co of ethics part of it, I do think the

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<v Speaker 3>Court will end up doing something different with They've been

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<v Speaker 3>kind of grappling with that. Justice Roberts, the Chief Justice,

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<v Speaker 3>has been grappling with that. We have a couple Justices Alito,

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<v Speaker 3>particularly Thomas, who have admitted going on, you know, big

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<v Speaker 3>trips and so forth with wealthy political donors, even though

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<v Speaker 3>those donors didn't have cases immediately before the court. They

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<v Speaker 3>were the kinds of gifts and at the kind of

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<v Speaker 3>price point that have attracted attention. So I do think

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<v Speaker 3>they're going to do something on the ethics front.

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<v Speaker 1>Well, and that's fine, But and I know Thomas didn't

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<v Speaker 1>disclose that he flew in a friend's private aircraft, but

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<v Speaker 1>that was before the Judicial Conference changed its rules to

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<v Speaker 1>require that judges disclosed that kind of flight. So he

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<v Speaker 1>didn't violate any judicial rules at the time. But I

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<v Speaker 1>know the appearance of impropriety is right there, and that's

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<v Speaker 1>just what's genning all the people up about Clarence Thomas.

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<v Speaker 3>I think that, Look, clart Thomas has been a lightning

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<v Speaker 3>rod since the moment he got nominated. Yeah, well, it

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<v Speaker 3>doesn't matter what he does or doesn't do, he's going

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<v Speaker 3>to come under some some you know, more scrutiny than

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<v Speaker 3>than anyone else I think who serves on the court

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<v Speaker 3>maybe ever, maybe anyone in the history of the country

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<v Speaker 3>who has served in the court. No one has had

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<v Speaker 3>their personal life, finances and things scrutinized the way Thomas has.

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<v Speaker 3>But you know he did in this one. I think

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<v Speaker 3>kind of lean into it. You're right, he didn't violate

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<v Speaker 3>any rules, but that's the kind of thing that the

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<v Speaker 3>average person want they hear about it, just the kind

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<v Speaker 3>of you know that is that okay? Is that right?

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<v Speaker 3>You know they're you know, big Republican donors, you know,

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<v Speaker 3>fly on private jet, dedicate, they paid for a cruise

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<v Speaker 3>for he and his wife. There several several items like

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<v Speaker 3>that that I think when you add them all up,

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<v Speaker 3>it was a value of several hundred thousand dollars, uh,

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<v Speaker 3>things that the average citizen really can't afford. It is.

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<v Speaker 3>It is an appearance thing, and I think that's going

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<v Speaker 3>to kind of linger for him because there's so much

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<v Speaker 3>there's so much animus against him anyway. I think that

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<v Speaker 3>they're going to continue to make that tough, and I

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<v Speaker 3>predict that the court will do something on the on

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<v Speaker 3>the FIC side of it. But these other two items

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<v Speaker 3>I think are just purely political or they're going to

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<v Speaker 3>lnker are they just as political talking points.

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<v Speaker 1>Are legal experts to you good and from Pord to Wright,

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<v Speaker 1>let's possible. And we'll bring it back and find out

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<v Speaker 1>why the ethics changes may end up being a train

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<v Speaker 1>wreck as well. Considering enforcement seven thirty seven to fifty

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<v Speaker 1>five KRCD talk stations, whos Att Lows Camp for your

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<v Speaker 1>not buying a home, or you financing your existing mortgage.

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<v Speaker 1>You need Suzette loads Camp with Cross Country Mortgage. She

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<v Speaker 1>is definitely going to help you out and you will

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<v Speaker 1>be very happy with the help that sust provides you

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<v Speaker 1>because she is wonderful to work with, a true, wonderful

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<v Speaker 1>customer service agent with more than probably anybody in the

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<v Speaker 1>mortgage business in terms of experience thirty five plus years

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<v Speaker 1>since she's with Cross Country Mortgage. I don't care what

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<v Speaker 1>state you're sitting in. She can help you right there

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<v Speaker 1>where you are deal with mortgage, whether you want to

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<v Speaker 1>get some money out of your house, release some of

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<v Speaker 1>that equity, or even a reverse mortgage if you think

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<v Speaker 1>that's the right direction to go. Not a fan I am,

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<v Speaker 1>but if you are, there's an option for you first

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<v Speaker 1>time buyers pre approval letter and help you get financing.

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<v Speaker 1>No junk fees, no application fees. It is always great

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<v Speaker 1>rates at a low cost and a well oiled machine.

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<v Speaker 1>She and Cross Country Mortgage are I think it was

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<v Speaker 1>like two days for my daughter to call her and

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<v Speaker 1>then get the nancing locked in. That could be you

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<v Speaker 1>two so's call her up and she'll get right back

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<v Speaker 1>with it. You can even call her right now before

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<v Speaker 1>business hours. It's five one three three one three fifty

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<v Speaker 1>one seventy six. Five one three three one three fifty

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<v Speaker 1>one seventy six, or shoot her an email Suzette dot

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<v Speaker 1>Low's camp, los e Kamp Suzette dot Low's Camp at

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<v Speaker 1>CCM dot.

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<v Speaker 3>Com fifty five KRC.

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<v Speaker 1>Partly cloudy to mostly Sunday. Today, it'll be humid going

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<v Speaker 1>up to ninety seventy one overnight. It or remain humid Tomorrow,

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<v Speaker 1>Partly cloudy, isolated thunderstorms and showers in the afternoon and evening,

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<v Speaker 1>going up to ninety one down to seventy three overnight,

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<v Speaker 1>with maybe a spotty storm popping up somewhere. Thursday I

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<v Speaker 1>mostly sunny day, chance of showers and storms as well.

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<v Speaker 1>Ninety five for the high. Right now, we're looking at

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<v Speaker 1>seventy two degrees. It is time for traffic.

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<v Speaker 2>Chuck from the UCL Tramphings Center. No matter the injury

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<v Speaker 2>you see, health orthopedics and supports medicine, redefines recovery to

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<v Speaker 2>get you back to doing what you love. Call five

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<v Speaker 2>one three, four, seven, five eight six nine zero inbound

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<v Speaker 2>seventy four crawling from before North Bend to an accident

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<v Speaker 2>that blocks the left lane before seventy five. You're over

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<v Speaker 2>a half hour delay southbound seventy five slows through. Blackman

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<v Speaker 2>and Cruiser are working with a wreck below Morrow. That's

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<v Speaker 2>on twenty two at subs milk Chucking, Vermont fifty five

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<v Speaker 2>krc the talk station.

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<v Speaker 1>About KRCD Talk station Brion Thomas with legal expert Extraordinary

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<v Speaker 1>from the law firm. Reporter right, Steve Gooden. Always welcome

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<v Speaker 1>to you coming on the program and explaining things for us. Steve,

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<v Speaker 1>I wrote the word lawfare down on this. The justices

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<v Speaker 1>already have a code of conduct, but it's kind of

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<v Speaker 1>like the Internal Affairs Department that since Saint Police monitors

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<v Speaker 1>its own if there's a complaint, the IA looks at

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<v Speaker 1>it and then makes a decision on whether there's been

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<v Speaker 1>misconduct or not. I don't the justices already sort of

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<v Speaker 1>monitor each other under their code of conduct because Biden

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<v Speaker 1>is basically calling for outside enforcement, wanting lower court judges

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<v Speaker 1>to investigate charges of ethics violations and then rule on

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<v Speaker 1>Supreme Court justices behavior that sounds to me like a

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<v Speaker 1>train wreck waiting to happen with thousands of complaints following,

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<v Speaker 1>and they even have that going on right now. Judge

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<v Speaker 1>Eileen Cannon, the one that's sitting on Donald Trump's document case,

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<v Speaker 1>apparently he's already received more of a one thousand complaints

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<v Speaker 1>in one week, what the Circuit Court called an orchestrated campaign.

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<v Speaker 1>If that kind of volume comes in, they're not going

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<v Speaker 1>to be doing anything but investigating allegations or judicial misconduct.

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<v Speaker 1>How could this be right or a good way to go, Steve?

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<v Speaker 3>Or is it? I think it's a terrible way to go.

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<v Speaker 3>And I mean, look, I get again the politics behind this.

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<v Speaker 3>I mean, we have this situation where you know, in

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<v Speaker 3>my view, two of the justices, particularly Thomas, you have

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<v Speaker 3>opened up this issue by accepting and ultimately disclosing these gifts.

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<v Speaker 3>But you know, what we're forgetting is is that you know,

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<v Speaker 3>when they updated and redid their code of conduct last year,

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<v Speaker 3>it did require these disclosures in tom Us quickly disclosed them.

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<v Speaker 3>So we know about them. We know about them for

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<v Speaker 3>sure because he told us. So from that standpoint, it

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<v Speaker 3>is working. And if there was any you know, presumed

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<v Speaker 3>bias or anything, it has been disclosed and it's out there.

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<v Speaker 3>That's the whole point. But you're right, otherwise this you know,

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<v Speaker 3>the Supreme Court has really been outside denomination process, which

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<v Speaker 3>is terrible now and highly politicized, but outside of that process,

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<v Speaker 3>the Supreme Court is one of the last parts of

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<v Speaker 3>our government that really kind of is exempt from lawfare

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<v Speaker 3>and does work the way it's supposed to work. I mean,

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<v Speaker 3>these are lifetime appointments. Once folks are there, they're able

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<v Speaker 3>to do generally, able to do their job. This would

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<v Speaker 3>change that. This would open the door, as you put

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<v Speaker 3>it out, to all kinds of artists in the tax.

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<v Speaker 3>It would open the door to orchestrate the tax. That

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<v Speaker 3>would open the door to you know, if you don't

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<v Speaker 3>like the politics of someone on the court, you can

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<v Speaker 3>engage a lawyer who is like minded to file a

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<v Speaker 3>complaint and just tie the justice up and these endless

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<v Speaker 3>disciplinary processes. That's not what this is before about. And

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<v Speaker 3>you know they call this, Biden's calling this that nobody

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<v Speaker 3>is above the law Act. Well, we're not really sitting

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<v Speaker 3>in the Supreme Courts above the law, but they are there.

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<v Speaker 3>They basically are the final arbiter of the law under

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<v Speaker 3>our constitution. Our founders, you know, set it up this way,

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<v Speaker 3>and I think they were correct set it up this way,

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<v Speaker 3>see right, I think this would just be the opening

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<v Speaker 3>a door into nothing but put more chaos that will

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<v Speaker 3>undermine the rule of law long term, but will undermine

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<v Speaker 3>the Court's legitimacy. Ironically, they're thing, we're doing this to

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<v Speaker 3>make the court to preserve its legitimacy. All it's going

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<v Speaker 3>to do is long term undermine it's legitimacy.

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<v Speaker 1>In my view, well, couldn't they just simply ban the

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<v Speaker 1>judges from accepting any outside contributions, gifts, donations, flights on

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<v Speaker 1>aircraft period in the story, regardless of whether it results

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<v Speaker 1>in a conflict or not. Oh oh, but the hypocrites

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<v Speaker 1>in Congress might have to look to themselves in the

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<v Speaker 1>mirror and say, gee, we go on all kinds of

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<v Speaker 1>trips and conferences, resorts, we get speaking fees, we get

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<v Speaker 1>booked on I mean, I mean position heal byself.

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<v Speaker 3>Well, that's exactly right. I mean, look, if you're in Congress,

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<v Speaker 3>your ability to take honor area for speeches with no limit,

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<v Speaker 3>like you could charge somewhat, you know, fifty thousand dollars

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<v Speaker 3>for speech, They'll pay it. You can write a book

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<v Speaker 3>and have your donors buy it massive amounts of copies

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<v Speaker 3>of it. Because no one in the general publics ever

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<v Speaker 3>going to buy your book, but the book can become

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<v Speaker 3>profitable because donors buy it in an orchestrated way. I mean,

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<v Speaker 3>there's all these things that people do to supplement their income.

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<v Speaker 3>In Congress, and some of the justices have explored things

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<v Speaker 3>like that over the years, there's no question, and they've

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<v Speaker 3>been pretty open about it, both liberal justices and conservative justices.

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<v Speaker 3>And in fairness to them, they get paid roughly what

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<v Speaker 3>a regular judge is paid in the federal judiciary. They're

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<v Speaker 3>not getting rich. They're getting paid roughly two hundred thousand dollars,

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<v Speaker 3>which is a lot of money for the average citizen.

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<v Speaker 3>But if you're if you're living in the district at

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<v Speaker 3>clubs are the most expensive places in the country to live,

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<v Speaker 3>and you really have to travel the country check you know,

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<v Speaker 3>as a part of your duties supervising the federal courts,

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<v Speaker 3>it's really not as much money as it might seem.

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<v Speaker 3>So the temptation to look for outside income, speaking fees

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<v Speaker 3>and so forth is very much there. But you're right,

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<v Speaker 3>I mean, look in Ohio, if you're a public official,

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<v Speaker 3>you know, if you are the governor or even work

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<v Speaker 3>for you know, Department of National Resources or a state trooper.

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<v Speaker 3>You can't take more than fifty bucks from somebody, and

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<v Speaker 3>any gives time. And that's but if again it's good

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<v Speaker 3>for the goose is good for the gander. If you're

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<v Speaker 3>going to do something like that to the court, you're

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<v Speaker 3>going to have to do it to the other branch

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<v Speaker 3>as a government as well. And that would send shock

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<v Speaker 3>waves through Washington because the average citizen, I don't think,

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<v Speaker 3>understands how these things work. And how can particular numbers

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<v Speaker 3>of Congress find ways to supplement their income through speaking

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<v Speaker 3>fees and books and things of that nature.

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<v Speaker 1>It's interesting you even brought that up, because, as you know,

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<v Speaker 1>something's subject to the SEC's rules. I've got a heapload

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<v Speaker 1>of rules about you know, plug all a pail. You

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<v Speaker 1>can't accept anything more than like twenty five bucks or something.

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<v Speaker 1>I mean, it's they're really, i mean, across the board,

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<v Speaker 1>very broad prohibitions on you know, because I have a

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<v Speaker 1>forum here, I could you know, promote something for as

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<v Speaker 1>a favor for a friend or whatever. I at least

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<v Speaker 1>understand and get all that. But here I am living

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<v Speaker 1>under these types of rules, and wouldn't be a wonderful

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<v Speaker 1>thing if Congress had to go do the same thing.

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<v Speaker 1>But no, you'll think they're going to vote money out

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<v Speaker 1>of their own pocket, do you, Steve?

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<v Speaker 3>They haven't yet. We've we've been waiting two hundred and

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<v Speaker 3>thirty four years for something like that. Now I don't

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<v Speaker 3>think it's happened.

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<v Speaker 1>Yeah, yeah, still lay away good night, dreaming of the day.

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<v Speaker 3>Hey.

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<v Speaker 1>And finally, insofar as the proposal for eighteen year term

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<v Speaker 1>women from justices, and coming from a guy like Joe Biden,

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<v Speaker 1>given his age, I thought was kind of comical. The

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<v Speaker 1>Constitution does give them life tenure, which means there would

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<v Speaker 1>have to be a constitutional amendment to change that.

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<v Speaker 3>Correct, you know, I believe shown. Now what's interesting to

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<v Speaker 3>me is this commission that he has put together, that

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<v Speaker 3>Biden has put together, seems to be of the impression

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<v Speaker 3>that Congress could change the terms themselves. And that's not

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<v Speaker 3>how I understand it. And I know there's other folks

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<v Speaker 3>much much more verse than these matters than I who

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<v Speaker 3>are throwing the caution flag on that particular proposal as well.

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<v Speaker 3>In a way, it doesn't matter. There's an absolutely no

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<v Speaker 3>way this gets through Congress, and even my senses, there's

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<v Speaker 3>even quite a few Democrats who are sort of institutionalists

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<v Speaker 3>who would really not want to make these changes. So

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<v Speaker 3>I think it's dead on that. Proposals dead on arrival.

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<v Speaker 3>But if you read his proposal closely, he seems to

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<v Speaker 3>be of the mindset that Congress has the ability to

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<v Speaker 3>do that. So and I think if somehow or other

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<v Speaker 3>he were to get through the votes, or if Harris

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<v Speaker 3>were to win and get a large majority in both

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<v Speaker 3>houses next time and actually pursue this, which I don't

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<v Speaker 3>think they even would if they did, But if they

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<v Speaker 3>did pursue this, I think that would end up being

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<v Speaker 3>litigated and ironically right back in front of the court.

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<v Speaker 3>So I would think that this would require a constitutional

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<v Speaker 3>amendment that they seem to think it would not. And

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<v Speaker 3>the Constitution is hard to amend on purpose. You know,

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<v Speaker 3>it requires it's going to pass both houses of Congress

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<v Speaker 3>by super majority, and it has to pass three orts

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<v Speaker 3>of the state legislatures. You have to have a real

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<v Speaker 3>support among the state been a country for two hundred

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<v Speaker 3>and thirty four years, give or take, and it was

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<v Speaker 3>only amended the Constitution or what twenty six times, and

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<v Speaker 3>those are for big giant issues, you know, like they

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<v Speaker 3>deal with you know, women getting the vote and ending

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<v Speaker 3>slavery and things of that, where there are gigantic political

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<v Speaker 3>movements and a lot of consensus, and they're certainly not

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<v Speaker 3>that kind of energy or consensus around this. So I

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<v Speaker 3>think that's that's the debt on arrival. But you know,

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<v Speaker 3>they do seem to think that they could just do

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<v Speaker 3>this by act of Congress.

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<v Speaker 1>Well, amen, and I just just before we part company,

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<v Speaker 1>that approval rating in people's approval rating of the constant

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<v Speaker 1>of the Supreme Court. To me, that just represents a

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<v Speaker 1>fundamental misunderstanding of how the courts work, whether you or

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<v Speaker 1>a originalist or a liberal activist. That's the real distinction

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<v Speaker 1>between the left and the right. The originalists believe in

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<v Speaker 1>the righting of the document and stick to it, and

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<v Speaker 1>that to me is a sound legal foundation to be

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<v Speaker 1>you know, to be working on. Can you imagine if

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<v Speaker 1>this conversation came up during the war in court administration,

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<v Speaker 1>where the right was freaking out about all the left

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<v Speaker 1>leaning decisions coming out. No, you didn't scream and yell

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<v Speaker 1>and talk about packing the court back then, did they?

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<v Speaker 3>No? You know, And I think that really cuts to

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<v Speaker 3>the bottom of what's happening here. Is. You know, there

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<v Speaker 3>were folks in the conservative legal circles who were very

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<v Speaker 3>very upset about Roebuck in nineteen fifty or seventy three

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<v Speaker 3>and a lot of the other decisions that followed out

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<v Speaker 3>of that court. So they began what was really a

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<v Speaker 3>fifty plus year project kind of grooming conservative justices and

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<v Speaker 3>going through the political process to try to get those

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<v Speaker 3>justices appointed over time so that a different sort of

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<v Speaker 3>philosophy would take over the court. And that's what's happened here.

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<v Speaker 3>So you know, this group Biden is basics saying, hey,

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<v Speaker 3>we don't like the bend of the court. We're not

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<v Speaker 3>going to do We're not going to do our own

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<v Speaker 3>project and groom our own judges and make the argument

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<v Speaker 3>and win over you know, Congress and try to win

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<v Speaker 3>the presidency. We're just going to change the rules. And

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<v Speaker 3>that's that's really what they're doing here. Amen.

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<v Speaker 1>That Steve Goodinporter Right dot Coms where you find them online.

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<v Speaker 1>Thank you for your thoughtful analysis, Steve. It's always a

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<v Speaker 1>real pleasure having you on the.

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<v Speaker 3>Program, Sir, that's great being here. Take care of Brian.

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