Podcast Summary: "One Seat to Win Them All" on The 47 Morning Update with Ben Ferguson

Episode Details:

• Title: One Seat to Win Them All
• Release Date: September 22, 2020
• Host: Michael Knowles
• Guest: Senator Ted Cruz

1. Introduction to the Supreme Court Vacancy

The episode begins with Michael Knowles introducing the critical development in the 2020 election cycle: the passing of Justice Ruth Bader Ginsburg at age 87, leaving an open seat on the Supreme Court. This event heightens the already tense and divisive political climate.

Key Quote:

"There was one thing that could have happened to make this 2020 election cycle more tense, more divisive, more dangerous, and it happened. Ruth Bader Ginsburg has died at the age of 87. There is an open seat on the Supreme Court."
— Michael Knowles [00:00]

2. Senator Ted Cruz's Stance on the Nomination

Senator Ted Cruz clarifies his position regarding the Supreme Court nomination. Although he is on President Trump's shortlist, Cruz expresses disinterest in serving on the court himself. Instead, his focus is on ensuring the confirmation of a nominee before Election Day to solidify the President's desired judicial agenda.

Key Quote:

"I think it's critical that the Senate confirm that justice before Election Day. And that's part of the reason why I don't wanna serve on the court, is that right now I got a job to do, which is lead the fight to get that justice confirmed."
— Ted Cruz [00:41]

3. The 2016 Merrick Garland Comparison

Knowles brings up the 2016 controversy when Justice Scalia passed away, and President Obama nominated Merrick Garland. Senate Majority Leader Mitch McConnell declined to hold hearings, citing the election year. Democrats accused Republicans of hypocrisy, a point Cruz addresses by highlighting historical consistency based on party alignment.

Key Quote:

"Republicans were all saying, we're not gonna fill that seat. I said that the day Justice Scalia passed away... we have a Republican majority in the Senate... Republicans are saying, we must fill the seat. And Democrats are saying, under no circumstances can you fill the seat."
— Ted Cruz [01:46]

4. Historical Patterns of Supreme Court Nominations

Cruz delves into the history of Supreme Court vacancies during presidential years, noting that out of 27 past vacancies, 19 occurred when the Senate was controlled by the President's party, resulting in 17 confirmations. In contrast, when the Senate was of the opposing party, only 2 out of 10 nominees were confirmed. This pattern underscores the partisan dynamics influencing confirmations.

Key Quote:

"27 times there has been a Supreme Court vacancy that has occurred during a presidential year, and presidents have nominated a justice to fill that vacancy 27 times... when the President and the senator are of the same party, the Senate confirms them."
— Ted Cruz [03:00]

5. Implications for the 2020 Election

Cruz emphasizes the importance of confirming a Supreme Court nominee before Election Day to prevent potential constitutional crises. He warns that an unequally divided court could lead to unresolved legal challenges, especially concerning election legitimacy, drawing parallels to the Bush v. Gore case.

Key Quote:

"If this seat is not filled by election Day, we would have eight justices on the court. If the Supreme Court deadlocks four, it can't reach a decision... we could easily find ourselves in the midst of a constitutional crisis with this presidential election."
— Ted Cruz [10:30]

6. Personal Reflections on Justice Ruth Bader Ginsburg

Shifting to a more personal tone, Cruz shares his experiences arguing cases before Justice Ginsburg. He portrays her as a brilliant and diligent jurist, recounting specific instances that highlight her legal acumen and commitment to equality.

Key Quote:

"She was brilliant... She really pioneered a transformation in law... as the father of two daughters, I'm really proud that we have moved away from legal discrimination and separate standards for men and women."
— Ted Cruz [13:24]

7. Anecdotes Illustrating Justice Ginsburg's Character

Cruz provides anecdotes illustrating Ginsburg's personality and work ethic, including a memorable instance where she fell asleep during an afternoon argument. He uses humor to reflect on the situation, demonstrating a respectful yet candid perspective of the late Justice.

Key Quote:

"She put her head down and she was out for a good 20 minutes. I mean, she was asleep... I said, listen, that's really what every advocate aspires to, to render your adjudicator unconscious."
— Ted Cruz [18:27]

8. The Future of Roe v. Wade

Addressing audience questions, Cruz discusses the potential impact of a conservative majority on the Supreme Court concerning Roe v. Wade. He explains that overturning the decision would decentralize abortion legislation, returning authority to individual states, thereby reflecting regional values.

Key Quote:

"If Roe vs Wade were overturned, it wouldn't suddenly make abortion illegal. What it would do is return the decision to the states... abortion laws that reflect the values of the citizens of each state."
— Ted Cruz [21:39]

9. Promotion of Cruz's Book "One Vote Away"

Throughout the discussion, Cruz promotes his upcoming book, "One Vote Away," which delves into Supreme Court dynamics and constitutional rights. He highlights that the book's release has been expedited to address timely issues.

Key Quote:

"It's all about the Supreme Court... it has an entire chapter on abortion and Roe vs. Wade and partial birth abortion laws... it's called One Vote Away."
— Ted Cruz [21:50]

10. Conclusion and Call to Action

The episode concludes with Knowles urging listeners to read Cruz's book and encouraging legislative support to ensure a constitutionalist Supreme Court justice's confirmation. Cruz reiterates the importance of the Senate's role in preserving judicial integrity.

Key Quote:

"Senator, you should probably get back to the Capitol and work on this issue of making sure that that vote goes into the hands of a good constitutionalist Senator, thank you as always."
— Michael Knowles [24:57]

Notable Quotes with Timestamps

1. Michael Knowles [00:00]:
   "Ruth Bader Ginsburg has died at the age of 87. There is an open seat on the Supreme Court."

2. Ted Cruz [00:41]:
   "I think it's critical that the Senate confirm that justice before Election Day."

3. Ted Cruz [01:46]:
   "Republicans are saying, we must fill the seat. And Democrats are saying, under no circumstances can you fill the seat."

4. Ted Cruz [03:00]:
   "When the President and the senator are of the same party, the Senate confirms them."

5. Ted Cruz [10:30]:
   "We could easily find ourselves in the midst of a constitutional crisis with this presidential election."

6. Ted Cruz [13:24]:
   "She was brilliant... She really pioneered a transformation in law."

7. Ted Cruz [18:27]:
   "That's really what every advocate aspires to, to render your adjudicator unconscious."

8. Ted Cruz [21:39]:
   "Abortion laws that reflect the values of the citizens of each state."

9. Michael Knowles [24:57]:
   "Make sure that that vote goes into the hands of a good constitutionalist Senator."

Conclusion

In "One Seat to Win Them All," Senator Ted Cruz provides an in-depth analysis of the implications surrounding the Supreme Court vacancy following Justice Ginsburg's passing. He underscores the importance of timely confirmation to preserve judicial balance and prevent potential constitutional turmoil during the 2020 election. Through personal anecdotes and historical context, Cruz emphasizes the strategic significance of the nomination process, advocating for a constitutionalist approach that aligns with the electorate's values.