tv Neil Gorsuch Justince for The Republic FOX News September 8, 2019 8:00pm-9:00pm PDT
good luck. keep up the work. we will monitor this to. it's very, very important. see you next time on life, liberty and within. trump's lis. stories you haven't heard. and a warning for the country. >> there is a reason why democracies haven't always succeeded in history. from washington, shannon bream. shannon: the supreme court. for many voters it was the deciding issue of the 2016 election. this hour the first television
interview with gorsuch since he joined the nation's high court. a revealing conversation about his life, his philosophy. we start far away from here in gorsuch's home state of colorado. it's quite a story about his nomination. >> two young then were sent out from washington to collect me and my wife for the announcement. they showed up on a sunday evening. i was out mowing the lawn. she were invited to stay for supper and they went to a motel and came back to get us the next morning. the president tweeted. at that point it seemed like shannon: the buildings that every media truck descended upon symbolize the three branches of the potential nominee's homes. government are the wide house, the capitol and the supreme and we had a crew outside our court. justice gorsuch showed us single row. they had lawn chairs and vans and the works. around.
>> showing up here as a clerk, they came prepared. as a justice -- shannon: the two guys from >> i feel similar. washington did not. >> they were in their suits in a rented car. so they went to walmart and got some duds they thought would be i had it down to my chambers natural for the countryside but which are next door. still felt like they were going shannon: he made a beeline for a to get caught. they said would you mind hiking bust of his mentor. out? we'll pick you up there. >> byron white was my old boss my wife's roller bag would not here. when i was his law clerk he make it through that hike. i said guys, no. retired. an artist came in to make this i'm not going to do that. my neighbor said neil, i grew up bust. i remember it vividly the day he came in with a clay mold. in iran during the revolution it was soft. the artist was so nervous. and i would never buy a house where there is only one escape. and the justice said something like my nose hasn't been that straight since 1938. >> she said i have to shower and he went over to it with his change. your getaway outfit, the whole thumb and touched his nose on
point is not to be seen. the soft clay. you can see there is still a bump there. but it was a reminder to me, the person who should have showered and changed didn't, and that was actually me. keeping it real. keep it humble. i had been in the barn all do you know who this is? morning and mucking out and james madison of course is the doing all the chores. and i thought of everything but father of the constitution. that. >> we went out by way after he wrote the constitution or much of it. bumpy horse track and met up with the kids from the east the bill of rights. coast to make it to washington. >> we flew to d.c. and arrived grave man. shannon: watching over your two hours ahead. we arrived to a dinner party. work. the portrait of another brave man hangs in gorsuch's chambers. and i walked in and i suddenly had this moment of we have the first justice self-awareness. i am still wearing the clothes i mukd out in the barn that hardin. he was known as the great morning. >> she calls it escape from dissenter. the court was 8-1. lookout ridge. shannon: did you ever imagine upholding segregation as all those years ago when you met consistent with the equal your husband you would end up in protection clause. you can see he's not the
happiest of fellas. this-historical place? >> absolutely not. imagine being 8-1, writing that >> this is a fox news alert. opinion and having to return to we are continuing our special kentucky where he had been. coverage of the death of supreme it's not popular. court justice is antonin scalia. it reminds me that following the constitution is not always going >> he came here fishing with to lead you to a lot of friends. you. >> we agreed on a lot of things it had to be done. shannon: one friend he did make, and i admired him greatly. and he was an enthusiastic antonin scalia. fly-fisher. but we did not see eye to eye on how to present a fly to a trout. 2016, i'm having lunch with a buddy who is a former scalia i said i know this stream like clerk. he said he had taken justice the back of my hand. if you can just wade over there a little bit, drop the fly down, scalia hunting and he had not hit anything for the whole hunting trip and was getting you are going to catch a fish. he would tomorrow over there, cranky about it. he saw a giant elk and everybody slap the line on water as hard as he could. said don't take the shot, it's the harder he cast, the more the too far. fish would like the but he wanted his trophy. presentation. he would say neil, you toiled me
god smiled that day and it was a there -- you told me there was a clean shot. fish there. and my friend had the elk's head well there had been. shannon if president trump got to pick scalia's replacement head stuffed and named it leroy. i got a call from mrs. scalia that would be gone. and she said as the first scalia senator mcconnell declared he would keep the seat over until law clerk, would you mind being after the election so the court my date for the evening? became one of the campaign's most of pressing issues. of course i say yes. my buddy rolls out this giant >> do you know how i know crate and presents me with leroy donald's supreme court justices will be liberals? the elk. so leroy ander stuck together. for his entire life he consulted liberals. shannon: he issued you a list of shannon: coming up after the the list of justices he would break. future of the court and the republic. >> i have two rules. nominate. it didn't include neil gorsuch. >> i remember in the summer of 2016 with a friend at lunch. outdated. the paperwork... the calling for everything. he said it's a pity your name is the searching for id cards...
it's like you're stuck in the 90s. not on this list. that's why esurance makes it simple with an app i am so happy in colorado, leave that has everything you need because that's how we live nowadays. me alone. i'm fine. rad. your id card is on a bodacious tiny future tv. we got up from lunch and my phone buzzed and it was a text wow! you're really committed to this whole 90's thing, saying you are on a new list. aren't ya? no, i'm just saying what's in the script. i didn't know there would be a that's true. everything we're saying's in the script. second list and i didn't know my name would be on it. when insurance is simple, it's surprisingly painless. >> i called him, he said so, what do you think? should i go for this? ♪ boom goes the dynamite, club yoko plays ] ♪ feels like i'm taking flight. ♪ [sfx: poof] shannon: rebecca coliss taught [sfx: squeaking eraser sound effect.] ♪ i am who i wanna be ♪ who i wanna be ♪ who i wanna be. him to fish. ♪ i'm a strong individual >> he said the confirmation ♪ feeling that power ♪ i'm so original, process is going to be ♪ ya sing it louder. difficult. i don't know what that's going ♪ i am, oooh oooh oooh oooh to do to me or my family. ♪ ehhh ehhh ehhh ehhh my response was if he could get ♪ i am, oooh oooh oooh oooh ♪ i am his girls on board i not it would be a tremendous service to the nation. .. shannon: of course the point was
moot if trump didn't beat hillary clinton, and everyone knew he couldn't. but overnight neil gorsuch became a man who could make so, every day, we puts aour latest technologye. history. and unrivaled network to work. he said it's not you. you know trump. the united states postal service double blind laugh. makes more e-commerce deliveries to homes [ music: "i am" by club yoko plays ] than anyone else in the country.
shannon: benjamin franklin upon leaving the constitutional convention of 1787 was asked what sort of government had just been created. replied a republic, if you can keep it. what to make of the report justice neil gore such using that as a title for his new every day, visionaries are creating the future. book. let's talk about the two tracks in your book, civic sensibility. you stress real concern. ♪ >> in front of civility i am so, every day, we put our latest technology concerned when i read that over half of americans built were be and unrivaled network to work. ♪ the united states postal service makes more e-commerce deliveries to homes facing a crisis in our country and a lot of people young people than anyone else in the country. i talk to are afraid of going into public service because what it might mean for them and for ♪ their families. because the future only happens with people who really know how to deliver it. i get concerned on the civic spot when i read about a third of americans can name the three branches of government and a 60% would fail the american naturalization examination. that worries me. republicans have a checkered
history in our history books and we need to make sure people know how to run their own government. shannon: people across the political spectrum to seem as preoccupied as ever with the court, conservatives tell president trump get the chance of place to left-leaning justices will form progressive floating a tactic that would increase the number of states and dilute the influence of originalist like neil gore such. do you much of the public perception of this court of individual justices or that something you don't allow to enter into your consideration of what you are doing here? >> i told my law clerks i have only two rules. if you follow them we will be fine. rule number one, don't make it
up. follow the law. rule number two, when everybody else around you is yelling at you asking you to make it up or condemning you for not making it up, refer to rule number one. shannon: you encourage your luster that you talked over the years in ethics to write their obituaries. you want to interest people to look at how they hope their life shannon: donald trump was a will be portrayed in the end yeah, they always i make them thunderbolt for all of us. but imagine being neil gorsuch. spend five minutes writing their obituaries and these are the top law students, smart kids going to great careers and guess what, he had continue -- he had ten not a single one talked about how much money they would have made or what clients they had or how big their house was in those obituaries. everyone was filled with what years on the tenth circuit court they did for their community or what kind of parents they were of appeal. >> i was surprised that i had to or what kind of child they were to their parents and buy my own robe. grandparents and what they meant to their friends. my robe is from the denver that's what people want to be uniform supply store. remembered for. polyester. and i remember the first time i put it on, i had to walk up a i always encourage them at the end of the exercise is to take few steps. that obituary and stick it in your desk drawer and keep it there and look at it about once i had a few papers with me. a year and ask yourself how am i i tripped over my robe. doing on those metrics. shannon: you feel like you're in a fishbowl here?
a lot of the papers went flying. like people are tracking every, or word you write or everything you do? it took time to gain my >> if they do, i don't pay much attention to it. composure on the bench. i do my job. i have a job, at an important i called up louise and said it's job. byron white taught me this. we were walking down the hall downstairs and asked me, neil, an embarrassing day. her response was, don't you know how many of these guys on the wall can you name, portrait of you have to lift your hem when you walk upstairs. justices and i had to decide whether i would be honest with the old man or try to brag and shannon: white house aides decided to be honest and set about half and he said, me, too. pressed gorsuch on why he thought when people come to washington, the older they get he said about half of these people i can name and i will be the more liberal the justice forgotten soon enough too. gets. i thought that was depressing at do you think it's being worried the moment but it was sad and i realized it took me 30 years but about the media coverage? i realized he was telling me something quite joyful that we will all in service of something >> i think i get his answer. in much bigger results in this building is about preserving the gorsuch sees himself as a man of constitution for your children the west. not a creature of washington who and your children's children. there's great joy in network.
praised the approval of global shannon: that is our program. i'm shannon you elites. for watching. ♪ some wonder if this truly steve: that evening and welcome formative years were the ones he spent here in high school. to the next revolution. i'm steve helton and this is the home of positive populism, pro- worker, pro- community, pro- his mother was appointed by family and pro- america. with all the news going on with the taliban situation in job support in the economy in congress pretending guess what stories chuck todd opened nbc flagship a current affair show reagan to the epa. with this morning? she said headlines are fleeting with jaw-dropping bias and anti- trump hysteria they led with the but courage lasts. what do you remember about that? >> to do what she did, tremendous courage. i just try to remember what shoddy weather maps. in one sense is laughable but happen matters isn't what home it's serious. a healthy open pluralistic say about you, it's the stuff democracy depends on journalism the people can trust. this was a massive misjudgment today i took todd you put in the books, the picks we write. >> i think justice gorsuch's
exposure to the tell pes to youousness that surrounded her epa tenure, i think it armored him for dealing with washington. he has a western framework and western ideology. but he also understands washington in the way that most of westerners do not. shannon: one thing is clear. the white house saw in gorsuch a judge that would interpret the law as written. >> he made the short list. >> i was sitting next to him and he said neil gorsuch seems like a nice guy. but as soon as he gets there, he will change. i said, i don't think so.
he said, well, your guess is as good as mine. but that's what i have always seen. people change. i said, well, i don't know that your guess really is as good as mine. i have been trying to change him for years with zero success. shannon: at what point did this get real to you that he would be a justice on the supreme court. >> when i walked into the kitchen of the white house, i was being snuck into the white house through the kitchen entrance. they gave me the lincoln bedroom as an office. i'm work on my remarks that evening. next to a copy of lincoln's gettysburg address. that was pretty real. shannon: many family members
weren't believers. >> you had dinner with the president. you finally call your family. you call your father, what does he say? >> he didn't believe -- i know now -- i think i know why dad didn't believe me. my family doesn't keep secrets. there is no way in their find that i could not have told them. i didn't tell anybody about this. and so dad was watching tv, flipping between the news channels to see how it was. he said no, no, it's not you. i hate to disappoint you. but there is a judge driving down from pennsylvania and it's going to be him. it's been broken on the news so we know that now. >> but dad i'm calling from the lincoln room in the white house. dad said, yeah, but you know
trump, double-blind bluff. the other judge could be in the room next door. so i just -- what do you do with that? i said keep watching. shannon: her father didn't have long to wait. >> months ago as a candidate i publicly presented a list of brilliant and accomplished people to the american electorate and pledged to make my choice from among that list. today i am keeping another promise to the american people. by nominating judge neil gorsuch. here they come. here they come. >> standing here in a house of history, acutely aware of my own imperfections, i pledge that if i am confirmed i will do all my
fallout continues after decisio decision. both sides blaming each other. mr. trump calling off the meeting after caliban meeting killed 12 people including a u.s. soldier. his body was formed back to the u.s. and was met by several dignitaries including mike pompeo. in the meantime, a taliban spokesman said both parties agreed to a peace plan while meeting in qatar. rescue teams are trying to save a life of a passenger of a cargo ship that overturned. the rescue operation was a result of an onboard fire. four others are still missing. now back to our special.
[♪] shannon: neil gorsuch faced the senate judiciary committee. democrats were spoiling for a fight. >> judge garland was denied a hearing. i'm deeply disappointed that it's under these circumstances that we begin our hearings. shannon: for generations the nominees didn't show up. there were no big hearings. there were votes without them. >> i'm envious of hide old boss byron white for whom i clerked many years ago. his hearing lasted about 15 minutes. shannon: by the time gore upgot his nomination the process had turned into a blood sport.
>> the hearings of justice thomas. those were combative. did they leave an impression on you. >> in a day or time when the judge can be confirmed to the supreme court of the united states, be openly a believer in the constitution. shannon: that may be true only if the senate is controlled by the gop. they scoured his writings to show a weakness. there was one about a truck driver pulled over in freezing weather. his dispatcher told him to hold on. the company fired him and he filed a complaint. the court ruled for the driver but gorsuch dissented. >> i had a career in identifying
absurdity. and i know it when i see it. and it makes me, you know, it makes me question your judgment. >> my heart goes out to him, and i said that in the opinion, that he was put in a rotten position. and i go home at night with cases where sometimes the law requires results that i personally would not prefer. shannon: do you worry people have expectation that this judge should be on my side and i expect them to rule in a certain way and are disappointed if you don't? >> hate surprised me during the coconfirmation process. the assumption if i ruled a certain way i must like that person or party. if i ruled a different way, i must dislike that person or imrairt. that's not way a judge thinks. a judge is supposed to apply the
law to all persons who come before them. shannon: there is a concern about americans knowing the foundations of the country. >> democracy is hard business. the strength comes from disagreements and the ability to air comfortably, confidently your point of view and share with others and have it heard. and pick the best at the independent of the day. that's the idea of democracy. but for it to work, we have to listen as well as speak. we have to tolerate as well aspect tolerance for our point of view. shannon: you talk about this country as among the greatest experiments. the idea it was built on, how it was framed and what it means in the world? >> i think the musical hamilton has helped. you have seen the secretary of the treasury, vice president of the united states have a duel.
that's part of our history. we used to have senators cane one another on the floor. i'm glad we don't have that any more. it's a raucous republic, but that's what makes us strong. if we can open ourselves to one another and remember that person from whom we disagree is coming with the same hope for a more perfect union. shannon: it was not particularly pleasant for his wife louise to watch. >> to know inside and out his brain and his record. >> it's hard to see him misrepresented. people who never met him feel the need to pontificate who he is. i have come to believe in the work he's doing.
so it should have been easy to take the rough with the smooth when it came to the confirmation process. it's easy to hold firm when you believe in him. >> it matters not a wit that some of the drafters of the 15th amendment were racist or sexists. because they were. the law they drafted promised equal protection of the law to all persons. that's what they wrote. shannon: the hold world was watching. your family, co-workers. >> when god takes sock away. he took away my anonymity. he gives something in return if you look hard enough. during the confirmation process he gave me a reminder of how blessed i am in my family and my friends. a lot of them are not republicans or conservatives or
originalists or whatever you want to describe. but every one of them has had a tremendous amount of love and support for me and my family. shannon: when the dust cleared, gorsuch appeared headed for the supreme court. and in one last gasp the democrats tried to filibuster. majority leader mitch mcconnell decided it never would be. >> this will be the first and last partisan filibuster of a supreme court nomination. slan shannon: he used the so-cad nuclear option and changed the senate rules. in today's world the vote was 54-45. he got all the republican votes but only three from the democrats. that would be just enough.
he was going to the supreme court, but there were more surprises to come. >> you are willing to break with the conservative wing in some cases. if you have moderate to severe psoriasis, little things can be a big deal. that's why there's otezla. otezla is not a cream. it's a pill that treats plaque psoriasis differently. with otezla, 75% clearer skin is achievable. don't use if you're allergic to otezla. it may cause severe diarrhea, nausea, or vomiting. otezla is associated with an increased risk of depression. tell your doctor if you have a history of depression or suicidal thoughts or if these feelings develop. some people taking otezla reported weight loss. your doctor should monitor your weight and may stop treatment. upper respiratory tract infection and headache may occur. tell your doctor about your medicines and if you're pregnant or planning to be. otezla. show more of you.
shannon: neil gorsuch took his oath in the justices' conference room inside the supreme court. his wife louise held the bible has his two daughters looked on. justice anthony kennedy led gorsuch through a second oath this time in front of president trump and the nation. president trump: the most of important thing the president of the united states does is appoint people, hopefully great people like this appointment to the united states supreme court. this is a great honor.
shannon: was there anything more unexpected or challenging in stepping into the role of a justice? >> it had been 25 years since i cooked. and the place i found it small like a family. shannon: one story involved his old boss justice white. >> when he retired justice ginsburg was his successor. i was asked to help prepare his law clerk manual to give to her in case she might find it useful for her law clerks. 25 years later i get a note in my inbox saying you may remember this. the same law clerk manual. shannon: justice clarence thomas who served since 1991.
>> i have a memory of justice thomas as a law clerk. i remember him drag his library card to conference. like a third grade teacher's name tag saying justice thomas. i kept thinking why does he has a tag when he has a life appointment. i walk out my chambers and i see justice thomas dragging a name card with the same slide card. shannon: he then clerked for justice kennedy. and kennedy became the first justice to serve with one of his former clerks. kennedy had long been the court's swing votes.
he was introduced by him to originalism. >> i never heard the word originalism from a professor. justice scalia spoke and talked about originalism and it had a profound effect on me. shannon: interpreting the laws according to how they were written. >> the rights given then are rights today and they can never be taken away. judges making it up through a living constitution, who would want nine older people in washington, d.c. governing a continental country of 330 million people to defend the
rights the people agreed to. we the people, that we agreed to in this document. your rights get taken away when judges are allowed to have a living constitution. shannon: what do you say of the critics of originalism saying the constitution couldn't have foreseen all that we are dealing with now. >> baloney. it's one of the greatest documents in all of human history and it deserves our respect. if you want to change it. there is a process called the amendment process it's actually there in the constitution. you can do it. it has been done. it's been done 27 times. shannon: being an originalist doesn't mean your decisions are predictable. he and liberal justice ruth paidered ginsburg whether on dissenters in gamble v united states. holding that if you are
prosecuted by the state and the federal government for the same crime, it's not double jeopardy. and finding a law at understand constitutionally vague. you have been described as somebody who is willing to break with the conservative wing in key cases. is that a fair assessment of you? >> i don't understand any of those assessments, shannon. those are all political tones. they don't mean anything to me. shannon: he believes people are too sceptical about the court and its methods. >> there are 50 million lawsuits filed in the united states every year.
95% are resolved by the trial court and not appealed. the supreme court hears 70 cases a year. that's it. that's where the lower courts disagreed strongly. there are 9 presidents in the last 40 years. and we are unanimous most of of the time. people say what about the 5-4 decisions. we have about a third our documents 5-4 decisions. people say i think i know what a 5-4 decision looks like. i say don't be so sure. we had 10 combinations of the 5-4 decisions last year. i am anything but cynical about it. shannon: a rare behind the seens
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