Podcast Summary: The 47 Morning Update with Ben Ferguson – Episode: "Becoming Justice Barrett"

Release Date: October 14, 2020
Host: Premiere Networks
Description:
Hosted by popular national radio host, podcaster, and political commentator Ben Ferguson, "The 47 Morning Update" spotlights the latest news and political headlines, with a special focus on the President's administration, policies, and agenda.

Introduction

In the episode titled "Becoming Justice Barrett," host Ben Ferguson delves into the highly consequential Supreme Court confirmation hearings of Judge Amy Coney Barrett. The discussion provides listeners with an in-depth analysis of the proceedings, the political maneuvering surrounding the confirmation, and the broader implications for the balance of power within the Supreme Court.

Overview of the Confirmation Hearings

[02:15] Ted Cruz:
Ted Cruz emphasizes the significance of the confirmation process, highlighting that Judge Barrett's confirmation was almost assured due to the Democrats' inability to mount an effective challenge. He notes, "the Democrats couldn't lay a glove on her... they didn't even really try," suggesting a lack of substantive opposition from the Democratic senators.

Cruz outlines the procedural aspects, detailing how the hearings commenced with opening statements and transitioned into intensive questioning. Judge Barrett presented a composed and scholarly demeanor throughout, effectively withstanding the scrutiny from her opposition.

Democrats’ Approach and Tactics

[05:00] Ted Cruz:
Cruz critiques the Democratic strategy, pointing out that initial attempts to attack Judge Barrett's faith and family were abandoned after backfiring in previous hearings. He states, "somebody sent out the marching orders to the Democrats, don't go down the road of the attacks on faith again. And listen... they stuck to their talking points."

He further argues that Democrats focused on linking Judge Barrett's confirmation to broader political narratives, such as the potential impact on Obamacare, rather than addressing her judicial qualifications or record. Cruz asserts, "Their arguments... are not judicial arguments. They're not actually arguments. It's not the Supreme Court's job to decide them."

Key Moments and Exchanges

[11:59] Ted Cruz:
A notable moment highlighted by Cruz involves Senator Sheldon Whitehouse's 30-minute presentation alleging dark money influence behind Judge Barrett's nomination. Cruz dismisses these claims, providing data to counter the accusation and asserting, "the Fortune 500 overwhelmingly support Joe Biden over Donald Trump. The entire narrative that it's big corporate interests supporting Republicans, it's just not right."

[18:51] Ted Cruz:
Addressing a mailbag question about whether Senator Mazie Hirono asked Judge Barrett about sexual harassment, Cruz clarifies that Hirono maintains consistency in her questioning across all nominees. He defends the appropriateness of such inquiries, stating, "It's a reasonable thing for the Senate to ask, and I think it's fine that she applies it evenhandedly and consistently."

Discussion on Campaign Finance and Dark Money

[14:52] Ted Cruz:
Cruz addresses the allegations of dark money in judicial nominations by presenting statistics from past election cycles. He points out the disparity in financial support between Democratic and Republican candidates, emphasizing that Democrats have historically received more substantial backing from major donors. He remarks, "Sheldon was bellowing, you know, these mysterious dark money donors, they want something for it. They want something."

Cruz underscores the importance of transparency in campaign financing and disputes the notion that Republican judicial nominees are unduly influenced by corporate interests.

Originalism vs. Textualism

[23:34] Ted Cruz:
In response to a listener's question, Cruz differentiates between originalism and textualism, two prominent judicial interpretative philosophies. He explains, "Originalism refers to the Constitution... textualism refers to statutes, which are federal laws passed by Congress."

Cruz delves deeper into each philosophy:

• Originalism: Focuses on understanding the Constitution based on the original public meaning at the time of its ratification. For example, in interpreting the Second Amendment, originalism seeks to ascertain how the phrase "the right of the people" was understood by the American populace in 1791.

• Textualism: Pertains to interpreting federal statutes by adhering strictly to the text's plain meaning, avoiding reliance on legislative history or intent. Cruz credits Justice Scalia as a leading proponent who shifted judicial interpretation towards textualism for greater predictability and fairness in legal outcomes.

Predictions and Closing Remarks

[29:07] Ted Cruz:
Looking ahead, Cruz predicts that the Democratic opposition to future judicial nominations may wane, potentially leading to prolonged vacancies on the Supreme Court. He warns of increased partisanship, stating, "If you started next year with, let's suppose Trump won and Schumer took the Senate, I think the odds are pretty high that they might not even fill any court of appeals judge seats."

Cruz also shares an anecdote about Judge Barrett's composure during questioning, highlighting her reliance on prepared materials, which included a blank page from his own book, serving as a subtle nod to his influence on the discourse surrounding the nomination.

Conclusion

In "Becoming Justice Barrett," Ben Ferguson, alongside guest Ted Cruz, provides a comprehensive examination of the Supreme Court confirmation hearings. The episode underscores the political dynamics at play, critiques the strategies employed by opposing parties, and explores foundational judicial philosophies that will shape future legal interpretations. Through insightful analysis and real-time commentary, the podcast equips listeners with a nuanced understanding of one of the most pivotal judicial confirmations in recent history.

Note: This summary is based on the provided transcript segments and podcast information. It aims to encapsulate the key discussions and insights from the episode "Becoming Justice Barrett." For a complete understanding, listening to the full episode is recommended.