TOMORROW, REMARKS FROM FORMER TREASURY SECRETARY JACK LEW ON THE IMPACT OF SANCTIONS. HE SERVED AS TREASURY SECRETARY FROM 2013 THE 2017 -- 2013 TO 2017. THEN, A DISCUSSION ON U.S. PLANS TO DRAW FROM AFGHANISTAN, AND HOW THAT DECISION THAT IMPACT THE ABILITY IN THE REGION. THAT STARTS LIVE AT 12:00 15 -- 1215 TIME ON C-SPAN. -- 1215 TIME ON C-SPAN -- 12:15 ON C-SPAN. FORMER WHITE HOUSE COUNSEL DON MCGANN RECENTLY ADDRESSED THE FEDERALIST -- FEDERALIST SOCIETY WESTERN CHAPTERS CONFERENCE IN CALIFORNIA. HERE IS THAT NOW. ...

IT'S A PRIVILEGE --

IT'S A PRIVILEGE FOR ME TO BE UP YOUR TO INTRODUCE OUR SPEAKER THIS AFTERNOON, DONALD MCGAHN, WHO I KNOW MANY OF YOU ARE GENERALLY FAMILIAR WITH. HE HAS HAD A LUSTROUS CAREER. LOOKING TO THE MORE RECENT PERIOD, DWS UP IN COURT JUSTICES, NEARLY 40 APPELLATE COURT JUDGES, AND AN EXTREMELY MUSCULAR AGENDA ON REGULATORY REFORM. THESE ARE SOME OF THE CONSEQUENTIAL ASPECTS OF THE FORMER WHITE HOUSE COUNSEL'S LEGACY. I CAN'T RECALL, IN MY PROFESSIONAL LIFE AT LEAST, A WHITE HOUSE COUNSEL WHO IS AS DIRECTLY AND INTENSELY ENGAGED ON THE ENTERPRISE OF JUDICIAL SELECTION AND CONFIRMATION. I CERTAINLY CANNOT RECALL A PROCESS AS BOLD AND ENTREPRENEURIAL. AN UNPRECEDENTED NUMBER OF USEFUL NOMINEES WHO WILL SERVE FOR TWO DECADES, A GENERATION OR MORE. A PIPELINE THAT BEGAN ON THE HEELS OF THE INAUGURATION OF 2017, AND THAT'S WAS UNRELENTING IN TURNING OUT NOMINEES QUICKLY. WHAT LED DON MCGAHN TO SUCH CONSEQUENTIAL AND FLEXION POINT IN OUR HISTORY? FIRST, I KNOW THAT DON MCGAHN HAS BEEN COMMITTED TO AN AGENDA OF LIMITED CONSTITUTIONAL GOVERNMENT FOR A VERY LONG TIME. HE GOT INVOLVED IN THE FEDERALIST SOCIETY EARLY ON IN LAW SCHOOL. HE JUST RECENTLY SHOWED ME A CERTIFICATE WE GAVE HIM IN 1993 FOR HIS SERVICE AS PRESIDENT OF HIS LAW SCHOOL FEDERAL SOCIETY CHAPTER. WHY DIDN'T I GET ONE OF THOSE? [LAUGHTER] MCGAHN ALSO HAD JUST THE RIGHT COMBINATION AND EXPERIENCE TO LAUNCH SUCH A SUCCESSFUL ENTERPRISE. HIS WORK AS A LAWYER, A VERY SENIOR PARTNER IN JONES DAY, AN OFFICIAL, GAVE HIM GREAT EXPOSURE TO MANY MEMBERS OF THE SENATE, WHICH LEADS TO THE KINDS OF INSIGHT AND RELATIONSHIPS THAT CAN BE VERY HELPFUL IN FACILITATING THE JUDICIAL CONFIRMATIONS PROCESS. IT WAS UNPRECEDENTED AND A UNIQUE EXPERIENCE FOR WHITE HOUSE COUNSEL IN MODERN HISTORY. DON ALSO HAD VERY IMPORTANT -- ALSO HAVE THE TRUST AND CONFIDENCE OF DONALD TRUMP -- HAD THE TRUST AND CONFIDENCE OF DONALD TRUMP, HAVING SERVED WITH HIM EARLY ON. THIS LED TO AN IMPORTANT AN UNUSUAL AMOUNT OF CONCENTRATED AUTHORITY TO MANAGE THE SELECTION AND CONFIRMATION PROCESS WITHIN THE WHITE HOUSE INFRASTRUCTURE. BUT, BALANCED BY A FIRM UNDERSTANDING THAT IT IS THE PRESIDENT WHO ULTIMATELY SIGNED COMMISSIONS FOR JUDGES AND GETS THE CREDIT. THAT KIND OF HUMILITY IS A VERY IMPORTANT ELEMENT OF SUCCESSFUL AND MEANINGFUL PUBLIC SERVICE THAT DON HAS DEMONSTRATED. DON MCGAHN'S TENURE HAS SET NEW BARS AND STANDARDS IS OUR COUNTRY -- IN OUR COUNTRY. THAT SHOULD BEGIN NEWS FOR THOSE OF US WHO BELIEVE JUDICIAL APPOINTMENTS ARE THE MOST IMPORTANT LASTING LEGACY OF A PRESIDENT. DON, WE ARE GRATEFUL FOR THE SERVICE YOU RENDERED TO OUR COUNTRY AS COUNSEL TO THE PRESIDENT, THE IMPORTANT LEGACY YOU HAVE ESTABLISHED, THE IMPORTANT PART YOU HAVE LEFT ON JUDICIARY IN COOPERATION WITH OUR PRESIDENT, AND WE ARE GRATEFUL FOR YOUR PARTICIPATION TODAY IN OUR WESTERN CONFERENCE. LADIES AND GENTLEMEN, PLEASE JOIN ME IN WELCOMING OUR SPEAKER, FORMER WHITE HOUSE COUNSEL, DON MCGAHN. [APPLAUSE] ...

LEONARD, THANK YOU FOR THE KIND INTRODUCTION. I FEEL EMBARRASSED TO SPEAK NOW. I CAN ONLY GO ONE DIRECTION, AND THAT IS DOWN, AFTER THAT KIND INTRODUCTION. IT IS SUCH AN HONOR AND SO WONDERFUL TO BE HERE AT THE REGULAR LIBRARY. I HAVE BEEN HERE ONCE BEFORE. IT WAS DURING THE PRESIDENTIAL PRIMARIES. THERE WAS A DEBATE HERE. I DIDN'T SEE ANY OF IT. WE CAME IN THROUGH THE BACK. I WAS WORKING, SO I DIDN'T REALIZE HOW MUCH THERE WAS HERE TO SEE. I LOOK FORWARD TO SPENDING TIME THIS AFTERNOON TAKING IT ALL IN. I HAD THE HONOR TO BE THE COUNSEL TO THE PRESIDENT OF THE UNITED STATES, SOMETHING I NEVER THOUGHT I WOULD GET TO BE. I'M NO LONGER THE COUNCIL TO THE PRESIDENT OF THE UNITED STATES, AT LEAST IN AN OFFICIAL CAPACITY. THE COMMON QUESTION I GET IS, WHAT ARE YOU DOING NOW? I REMIND PEOPLE THAT IT HAS BEEN ABOUT THREE MONTHS SINCE I LEFT. IT FEELS LIKE THREE YEARS. WHEN ONE FACTORS IN THE HOLIDAYS, THE GOVERNMENT SHUTDOWN, THERE HAS ONLY BEEN ABOUT SIX WORKING DAYS SINCE I LEFT. [LAUGHTER] ...

NOT MUCH HAS REALLY CHANGED YET. WE WILL SEE WHAT HAPPENS. ONE THING THAT HAS CHANGED FOR ME, I'M NEVER ONE PARTICULARLY BEING COMFORTABLE WITH FAMOUS FOR BEING FAMOUS. ANY PEOPLE ARE COMFORTABLE AND NATURAL. I WAS NEVER WANT TO INSIST ON GETTING MY PICTURE TAKEN. APPARENTLY, THERE IS A WHOLE PICTURE RACKET THAT GOES ON. THESE COMPANIES HAVE THESE PICTURES CHARGED AT ONE -- CHARGED. AT ONE POINT, A PICTURE OF ME WAS WORTH $500. I FIND MYSELF BEING RECOGNIZED IN AIRPORTS, SOMETHING THAT HAD NEVER HAPPENED BEFORE. I DO GET RECOGNIZED BY PEOPLE WHO KNOW ME, OBVIOUSLY. [LAUGHTER] ...

WHEN I'M IN D.C., A FEW PEOPLE RUN INTO ME AND KNOWING -- AND KNOW ME FROM VARIOUS THINGS. I'VE HAD INTERESTING EXPERIENCES. I HAD A FLIGHT A FEW MONTHS AGO WHERE A GUY GOT ON THE PLANE, AND HE HAD ON A RED HOT, LIKE A BIG AMERICA GREAT AGAIN HAT, BUT IT WAS IN RUSSIAN. I SAID THIS IS PROBABLY NOT A FRIENDLY. [LAUGHTER] ...

I'M SITTING THERE, AND I HELPED HIM WITH HIS GEAR. HE WAS ON THE PLANE LATE, SAT DOWN, AND HAD ON CORDUROY PANTS. I THOUGHT THIS WOULD NOT BE GOOD. HE HAD HIS PHONE OUT AND WAS SWIPING THROUGH HIS PICTURES OF ME. HE KIND OF LOOKED AT ME AND I SAID YEAH, IT IS ME. HE SAID, I KNOW WHO YOU ARE. IT WAS QUITE AN EYE-OPENING EXPERIENCE TO HAVE THIS GUY SCREAM AT ME. I PAY ATTENTION NOW TO WHO IS AROUND ME. I GOT SICK OF FAMILY VACATION -- ON FAMILY VACATION. IT WAS WONDERFUL. THE PERSON WHO OWNED THE PLACE AS WE WERE STAYING, HE ASKED WHAT I DID AND I DIDN'T SAY THAT I WAS A LAWYER. HE CAME BACK, HE HAD HIS PHONE AND HE SAID, I KNOW WHO YOU ARE. I SAID ARE YOU GOING TO PUNCH ME? HE SAID NO, THANK YOU FOR YOUR SERVICE. HIS WIFE SERVED IN THE REAGAN ADMINISTRATION. HE IS VERY NICE AND GRACIOUS. I FLEW OUT LAST NIGHT, INTO LAX, AND THERE WERE A COUPLE OF PEOPLE, THEY DIDN'T LOOK REPUBLICAN. [LAUGHTER] ...

I COULD TELL THEY WERE DOING THE "THAT IS ONE OF THOSE GUYS." I GET THIS SOMETIMES. I MET UP AT A SOCIAL GATHERING AND SOMEONE SAID YOU ARE ONE OF THE PEOPLE THAT WORK IN THE WHITE HOUSE, AND I SAID I GET THAT ALL THE TIME. THEY SAID, NO, YOU ARE SEAN SPICER. AND I SAID NO. [LAUGHTER] ...

FAST FORWARD TO LAST NIGHT. THESE FOLKS DIDN'T COME UP TO ME, BUT WHEN WE GOT OFF OF THE PLANE. A COUPLE OF PEOPLE WERE WAITING AT THE GATE. THEY SEEMED TO RECOGNIZE ME, AND THEY WERE VERY NICE. THEY TALKED ABOUT THE WONDERFUL WORK I HAD DONE, AND IT WAS SO GREAT. THEY WANTED TO TAKE PICTURES WITH THEIR KIDS. THEY ARE SAYING HOW WONDERFUL IT IS WITH MY PUBLIC SERVICE IN MY CAREER. THEY SAID THANKS FOR THE PICTURES, BRETT. [LAUGHTER] ...

ALL IRISHMEN DO NOT LOOK ALIKE. WE ALL WEAR BLUE TIES, AND WE PART OUR HAIR IN THE RIGHT SIDE, BUT I DON'T SEE THE RESEMBLANCE. I OCCASIONALLY GET CALLED BRETT KAVANAUGH, WHICH IS KIND OF COOL BECAUSE THEN PEOPLE THINK, SUPREME COURT JUSTICE, AND I'M NOT IN NEVER WILL BE, BUT I'VE HAD SOMETHING TO DO WITH HELPING PRESIDENT TRUMP TAKE TWO GREAT JUSTICES -- PICK TWO GREAT JUSTICES. PEOPLE HAVE ASKED ME SINCE I LEFT, HOW DID YOU DO IT? IT'S INTERESTING TO BE HERE AT THE REAGAN LIBRARY, BECAUSE SO MUCH OF WHAT PRESIDENT REAGAN DID INSPIRED ME TO DO WHAT I DID ON MY TEAM -- INSPIRED ME AND MY TEAM TO DO WHAT I DID. A FEW AFTER -- FOR YEARS AFTER WE GOT THE FEDERALIST SOCIETY CERTIFICATES, I HUNG IT ON THE WALL. EVEN AT A YOUNG AGE, I WAS KIND OF EDGY ON WEARING IT ON MY SLEEVE. I REMEMBER A FEDERALIST SOCIETY DINNER AT THE MAYFLOWER. I REMEMBER I DIDN'T KNOW ANYONE. I WAS LOOKING FOR A SEAT AT THE DINNER. SOMEONE PULLED UP MY JACKET AND SAID WHY DON'T YOU SIT HERE, SON. THIS PERSON SAID I AM CAN GRIP -- KEN CRIP. I WAS VERY EXCITED. THIS VERY NICE PERSON SAID I'M ED NEESE. I SAID, OF COURSE YOU ARE. I THOUGHT WASHINGTON, D.C. WAS GOING TO BE LIKE THIS EVERY NIGHT. IT WAS NOT. [LAUGHTER] ...

WHEN I CAME IN THE FRONT DOOR, THEY HAVE THE TRUSTEES ANDN -- AND ED'S NAME WAS THERE. I REALLY LOOK BACK TO WHAT THEY DID AND I REMEMBER WHEN NEIL GORSUCH WAS PUT ON THE COURT, WE INVITED MR. NEESE TO THE WHITE HOUSE AND SAID WE WILL PICK UP WHERE YOU LEFT OFF. THIS IS WHEN JUSTICE GORSUCH WAS NOMINATED. I DON'T THINK HE QUITE LEAVED ME. I SAID, DON'T YOU REMEMBER ME? WE GO PLAYBACK -- WE GO WAY BACK TO 1995. [LAUGHTER] ...

IT CAME FULL CIRCLE. WHEN JUSTICE KAVANAUGH TAME IN, I GET TO TAKE THE CHAIR, SO I SIT IN THE FRONT ROW. I HAD ED SIT NEXT TO ME IN THE FRONT ROW. I THOUGHT THAT WAS A NICE TOUCH TO REMEMBER WHERE WE CAME FROM AND WHAT INSPIRED US TO DO WHAT WE ARE DOING. IT ADDS TO THE MAGIC OF TODAY, FOR ME TO BE ABLE TO SPEAK IN THE REAGAN LIBRARY, GIVEN WHAT WE ARE TALKING ABOUT AND WHERE WE ARE. I WILL TRY TO GO THROUGH OVER WHAT WE DID OVER THE PAST TWO YEARS AND GIVE A RECAP. THIS DOESN'T LAST FOREVER, SO I GET TO DO A CELEBRATION IN FRONT OF A FAN -- A FRIENDLY CROWD. JUDGES ARE LIFE TENURE. WE KNOW THE COURTS, UNFORTUNATELY, HAVE BECOME MORE AND MORE PROMINENT. OUR VIEW IS THAT WE OUGHT TO HAVE THEM NOT TO BE AS NEARLY AS IMPORTANT AS THEY ARE. INCREASINGLY, COURTS HAVE DRIFTED, OVER THE PAST SEVERAL YEARS OR DECADES, IN VARIES THAT WOULD BE SHOCKING TO THE FOUNDERS. IT IS A VERY IMPORTANT THING TO DO JUDICIAL SELECTION, BUT IT SHOULD NOT NEARLY BE AS IMPORTANT. ONE THING IT HAS DONE IS MADE THE FEDERALIST SOCIETY A HOUSEHOLD NAME, WHICH I THINK IS A GREAT NAME. I WAS A MEMBER IN LAW SCHOOL AND THE PRESIDENT OF MY CHAPTER. WHEN YOU HAVE DOWNTIME, YOU DO THINGS LIKE CLEAN THE HOUSE, AND I FOUND SOME THINGS THAT I HAD KEPT IN MY HOME OFFICE, WHICH BECAME THE NURSERY. I FOUND THE FEDERALIST SOCIETY AND TOOK A PICTURE TO SEND IT TO LEONARD. I REMEMBER, NOT LONG AGO, PRESIDENT BUSH, WITH HIS JUDICIAL SELECTION -- HE HAD A NUMBER OF REALLY STELLAR APPOINTMENTS TO THE BENCH. IN THE CONFIRMATION PROCESS, THE DEMOCRATS WOULD RAISE THIS IDEA OF A FEDERALIST SOCIETY, KIND OF LIKE A SECRET HANDSHAKE CLUB PLOTTING GOD KNOWS WHAT. I KNEW WHAT WE WERE PLOTTING, BUT THEY DID NOT. [LAUGHTER] ...

IT WASN'T THAT BAD. RULE OF LAW, DON'T POINT NOTIONS LIKE THAT. NOW, IT IS AN ANOMALY NOT TO BE A MEMBER. I RECALL, IF SOMEONE WAS NOT A MEMBER, I WOULD WONDER WHY. EVEN IN THE SHORT PERIOD, IT'S INTERESTING HOW MUCH HAS TURNED AROUND. I GIVE THE CREDIT TO PRESIDENT TRUMP. HE FULLY EMBRACED WHAT THE FEDERALIST SOCIETY HAS DONE, AND OTHER LIKE-MINDED ORGANIZATIONS IN D.C. IT WAS NOT LONG AGO WHERE HE WAS A LONGSHOT PRESIDENTIAL CANDIDATE WHO TALKED ABOUT JUDICIAL SELECTION AND TALKED ABOUT THE NEED TO PUT OUT A LIST OF THE KIND OF PEOPLE HE WOULD PUT ON THE SUPREME COURT. IT HAD NEVER BEEN DONE IN AMERICAN POLITICS, AND MAY NEVER BE DONE AGAIN. MAYBE IT WAS A ONE-SHOT DEAL. THE OTHER THING TO KEEP IN MIND, HE DIDN'T PUT OUT A LIST IN THE PRIMARY. IT WOULD BE EASY TO MAKE HIMSELF LOOK CONSERVATIVE BY PUTTING OUT A LIST. IF HE DID, THEY WOULD HAVE TOLD HIM YOU HAVE TO DO IT IN A PRIMARY. WE ALL KNOW THE USUAL MOVE. THE LIST DIDN'T GO OUT AND HEAL -- OUT UNTIL HE WAS PRESENTED NOT TO BE PART. SO THIS WAS NOT GOING TO BE YOUR TYPICAL OPERATION. I THINK IT REALLY FRAMED UP AN ISSUE THAT HAD NOT BEEN FRAMED UP THAT WAY BEFORE. NOW, HERE WE ARE, AND WE HAVE A NUMBER OF FOLKS ON THE BENCH WHO I THINK ARE FANTASTIC. I WILL GO THROUGH A LITTLE BIT OF THAT NOW. TO FRAME IT UP, WHEN PRESIDENT TRUMP BECAME PRESIDENT, THE SUPREME COURT -- THERE WERE SUPREME COURT VACANCIES IN 17 OTHER VACANCIES. MITCH MCCONNELL DECIDED NOT TO MOVE NOMINEES, WHICH WAS CONSISTENT WITH HISTORICAL PRESIDENT IN CERTAIN WAYS. A NUMBER OF VACANCIES OCCURRED. HE WAS IN NO RUSH TO FILL THEM. WE HAD A LITTLE BIT OF AN ADVANTAGE. WHEN I LEFT THE WHITE HOUSE, WHICH WASN'T THAT LONG AGO, BUT I'M SURE IT FEELS LONGER IN THE MODERN AGE, THE PRESIDENT HAS APPOINTED TWO SUPREME COURT JUSTICES, 30 COURTS OF APPEALS JUSTICES, 53 DISTRICT JUDGES, FIVE MILITARY JUDGES, AND TWO TAX COURT JUDGES. THAT IS 70 ARTICLE THREE NOMINEES -- 73 ARTICLE -- 70 ARTICLE THREE NOMINEES THAT DIED LAST YEAR. THE NOT DIED, BUT THEY WERE NOT ACTED ON. SO YOU LOOK AT THE VACANCIES, WE FILLED THEM AND THEN SOME. THE PRESIDENT CAN BE VERY PROUD. WE ANNOUNCED OUR JUDGES IN WAVES. WE HAD A MINI PR STRATEGY, BUT WE DIDN'T JUST RANDOMLY THROW PEOPLE TO THE SENATE. WE DID THEM IN A CERTAIN ORDER, THOUGHT ABOUT THE ORDER WE WOULD NOMINATE THEM. THERE WAS A LOT OF THOUGHT PUT INTO WHAT CIRCUITS TO TACKLE FIRST AND WHICH COMPOSITION OF THE CIRCUITS. I'M NOT GOING TO GIVE AWAY ALL OF THE T-REX, BECAUSE SOMEBODY MAY BE WATCHING -- ALL OF THE TRICKS BECAUSE SOMEBODY MAY BE WATCHING ON C-SPAN, AND DON'T WANT THE OTHER TEAM TO KNOW HOW TO DO IT. THE NEW YORK TIMES MAGAZINE, SOMETHING I NEVER READ BUT SOMEONE TOLD ME ABOUT, HAD THIS GREAT LINE. THEY SAID THE WHITE HOUSE REFERS TO EVERY NEW JUDICIAL APPOINTEE TRUMP SELECTS AS WAVES. IN EARLY JUNE, THEY ANNOUNCED THE 15TH WAVES, AS IN SOLDIERS -- AS IF THEIR SOLDIERS ARE LANDING ON THE BEACHES OF NORMANDY. [APPLAUSE] ...

WAVE ONE WAS NEIL GORSUCH. THE FIRST PRESS RELEASE, AND THE INTERESTING THING ABOUT JUSTICE GORSUCH IS THAT HE IS WELL SCHOOLED AND TRAINED IN THE STUDY OF POLITICAL PHILOSOPHY. IF YOU LOOK AT JUSTICES, I THINK HE IS A TREMENDOUS PERSON. THE WORD LEARNED COMES TO MIND. ALREADY, HE HAS BECOME QUITE THE PROLIFIC WRITER, THE CORNER CHAMBERS, IT HE AND JUSTICE THOMAS HAVE THE ADJOINING CHAMBERS. THEY HAVE BECOME THE WRITING DUO . IT HAS BEEN WONDERFUL TO SEE. THE SECOND WAVE WAS THE CIRCUIT COURT. WE MOVE RATHER QUICKLY. FIRST WEEK ON THE JOB, THE SUPREME COURT NOMINEE, AND QUICKLY ONTO THE CIRCUIT. WAVE THREE, MEANS YOU MAY RECOGNIZE, ANY BARRETT -- AMY BARRETT, SHE WAS NOT A TRADITIONAL PICK. A NUMBER OF LAWYERS THOUGHT IT WAS THEIR TURN. TRUMP WHITE HOUSE DID IT DIFFERENTLY. WE FIND THE BEST PEOPLE AND FIGURE OUT -- IT WAS UP TO ME TO FIGURE OUT THE SENATE. I THINK SHE IS REALLY GOING TO BE A STAR ON THE BENCH. SHE HAS ALREADY TURNED HEADS, AND BEING A JUNIOR JUDGE, AND THERE ARE SOME HERE THAT PRESIDENT TRUMP APPOINTED, MADE YOU GET WRITTEN OFF ONCE IN A WHILE, BUT YOU HAVEN'T BEEN THERE LONG ENOUGH TO HAVE A BODY OF WORK. SHE IS A WONDERFUL PERSON, AND SHE IS ONE OF THE ONES I AM MOST PROUD OF TO GET THE NOMINATION THROUGH. THE OTHER WAVE, JOAN LARSEN, SHE WILL BE FANTASTIC. THE NEXT, DAVID STROSS. THIS IS A POINT WHERE I CAN SAY, WHY DOES THIS MATTER? JUDGE STROSS IS 42 YEARS OLD, REALLY SMART, AND HAD A ROUGH CONFIRMATION. ANYONE THAT WAS ON THE SUPREME COURT'S LESS THAN HE WAS, HE SAYS HE WAS ON THE STATE SUPREME COURT, THE HEARINGS WERE ROUGH. THEY ASSUME ANYONE PUT ON THE CIRCUIT COURT COULD SOMEDAY GO TO THE HIGHEST COURT, SO THE HEARINGS TOOK ON AN URGENCY YOU DIDN'T TYPICALLY SEE IN THE PAST. HE HAS ALREADY MADE HIS MARK. I WOULD RECOMMEND YOU READ A LOBBYING DISCLOSURE CASE ON WHETHER OR NOT THE LAW COULD BE JUSTIFIED UNDER WHAT STANDARD OF REVIEW THE COURT DECIDED TO USE. WE KNOW THE STANDARDS OF REVIEW TEND TO BE THE WHOLE SHOOTING MATCH. IT IS WORTH THE READ. NOW, IT IS A DISSENT, BUT WE KNOW DISSENTS CAN BECOME MAJORITIES WHEN THEY GO UPSTAIRS. IT'S ONE OF THESE OPINIONS, IF YOU'RE LOOKING FOR GOOD READS AS THE CALIBER OF JUDGES THAT PRESIDENT TRUMP BUT ON THE BENCH, TAKE A LOOK AT THIS. KEVIN NEWSOM WAS IN THIS WIFE. THERE WAS A TAX CASE, BUT IT HAD TO DO WITH SAME-SEX COUPLES AND THEIR ABILITY TO TAKE TAX TO THE ACTIONS. IT IS QUITE A TOUR DE FORCE. IT'S A WELL REASONED OPINION AND VERY IMPRESSIVE FROM KEVIN NEWSOM. JOHN BUSH IN THE SIXTH CIRCUIT. THAT WAS AN INTERESTING CIRCUIT BECAUSE WE HAVE HAD THREE PEOPLE THAT TIED FOR KENTUCKY, WHICH IS THE STATE OF MITCH MCCONNELL. HE WAS ALWAYS ON THE BALL AND MANAGED TO REALLY HELP US CHANGE THE SIXTH CIRCUIT FOR THE BETTER. REALLY, HE WROTE AN AMAZING OPINION ON THE SIXTH AMENDMENT. HE SPENT A LOT OF TIME GOING THROUGH THE DETAILS THERE. OUR FOURTH WAVE, ALLISON, WHEREVER SHE MAY BE, AND IF SHE'S NOT HERE, I JUST EMBARRASS MYSELF ON TV. JUSTICE THOMAS WAS ON THE SUPREME COURT LIST AND REPLACED NEIL GORSUCH. SHE IS CERTAINLY GOING TO DO IT. I'M PROUD TO HAVE ANYTHING TO DO WITH HER. WAVE FOUR WAS ALSO THE EIGHT CIRCUIT. I WAS IMPRESSED WITH RALPH ERICKSON. HE DISMISSED A 50 PAGE COMPLAINT , AND IT WAS QUITE A TOUR DE FORCE. I SAID, THAT IS MY KIND OF GUY. [LAUGHTER] ...

HE IS ON THE EIGHTH CIRCUIT NOW. JUDGE PHOEBUS ON THE THIRD CIRCUIT, ASSOCIATION OF NEW JERSEY RIFLE CLUBS VERSUS NEW JERSEY. IT'S A GUN CASE. NEW JERSEY TASKED A LAW ABOUT HOW MANY BULLETS YOU COULD HAVE IN A MAGAZINE. IT'S A VERY WELL, VERY LONG, AND ORIGINALIST OPINION ON THE SECOND AMENDMENT. UNFORTUNATELY, A DISSENT, BUT IT IS SOMETHING YOU SEE OUT OF THE GATE. TRUMP HAS APPOINTED -- TRUMP'S APPOINTED JUDGES ARE NOT SHY. THEY ARE WRITING ROUGH, VERY WELL REASONED OPINIONS, GOING BACK TO FIRST PRINCIPLES. THE NEXT WAVE WAS ALL DISTRICT JUDGES. THEY COUNT, BUT TIMEWISE, LET ME KEEP MOVING TO THE EXCITING STUFF. THE SIXTH WAVE, STEVE FROM NEBRASKA, HE WILL BE GREAT. HE TOOK PUNCHES IN HIS CONFIRMATION HEARING. I THINK HE WILL BE A STAR. MICHAEL BRENNAN IN THE SEVENTH CIRCUIT, A FELLOW ALUM, SO I LOOK FOR NOTRE DAME ALERTS -- ALUMS. THE CHURCH OF OUR LORD AND SAVIOR, JESUS CHRIST, VERSUS THE CITY OF MARKHAM, ILLINOIS. THIS WAS A CASE FOR A TERSE -- FOR A CHURCH. A MINISTER HAD A HOUSE CONVERTED TO A CHURCH AND GOT CAUGHT UP IN THE LOCAL BUREAUCRACY. ANOTHER SUCCESS STORY THAT IS NOT QUITE GET THE ANGST IT DESERVES. THAT IS MORE SOMETHING HISTORY WILL REFLECT ON AS IMPORTANT, BUT THIS IS AN OPINION WORTH READING. THIS IS A MAJORITY OPINION, NOT SOME DISSENT. IT IS A GREAT EXAMPLE OF SOMEONE WHO GETS INTO THE WEEDS, READS THE REGS. IT WAS NOT HIM SAYING IT WAS PROBABLY RIGHT. I COULD KEEP GOING THROUGH EVERYBODY IN DETAIL, BUT I WILL WRAP IT UP, BECAUSE I WILL TAKE A COUPLE OF QUESTIONS. LISA BRANCH IN THE 11TH CIRCUIT OF GEORGIA IS REALLY GOING TO BE A STRONG JUDGE. SHE WAS NOT EXPECTED TO GET THE SEAT, AMONG THE GEORGIA -- EVERY STATE HAS THEIR HIERARCHY. THERE IS ALWAYS THE GANG. SHE WAS NOT IN THE MOLD, WHICH MADE IT MORE EXCITING TO PUT HER ON THE BENCH. SHE WAS NOMINATED AT THE SAME TIME I LAWMAKER -- SAME TIME MY LAWMAKER PARTNER, GREG KATZ, GOT ON THE BENCH. I WILL EXPLAIN HOW HE GOT ON THE BENCH, BUT THERE WASN'T MUCH OF AN INTERVIEW PROCESS. [LAUGHTER] ...

IT'S UNFORTUNATE HE WILL PROBABLY WRITE A LOT OF DISSENTS. IT GIVES THE PEOPLE AT THE SUPREME COURT SOMETHING TO READ AND HELPS THEM DECIDE WHAT CASES ARE WORTH REVIEWING. THE NEXT WAVE IS WHERE WE MADE A MOVE ON THE FIFTH CIRCUIT. KYLE DUNCAN HAS HAD A FANTASTIC CAREER. KURT ENGLEHART, ALSO ODDS OF LOUISIANA, A GREAT DISTRICT JUDGE AND VERY BRIGHT. DON WILLIS OUT OF TEXAS WAS SOMEONE WHO WAS ON THE SUPREME COURT LIST AND ALSO HAD A FLAIR FOR USING TWITTER. [LAUGHTER] ...

I RESPECTED IT. I HAVE GOTTEN TO KNOW HIM, AND I THINK HE IS WONDERFUL -- A WONDERFUL JUDGE AND PERSON. REASON MAGAZINE, WHICH I GOT WHEN I WAS A CHAIRMAN AT THE FEDERAL ELECTION COMMISSION, AND ALSO GOT IN THE WHITE HOUSE COUNSEL'S OFFICE, WHICH REALLY CONFUSE PEOPLE, IT HAPPENS TO BE THE ONE WITH KANYE WEST ON THE COVER, WHICH IS NOT WHY I'M HOLDING IT UP, BUT THEY HAVE A NICE ARTICLE ON WILLIS. IT SAYS LIBERTY AS A NEW CHAMPION ON THE FEDERAL BENCH. IT TALKS ABOUT HIS OPINIONS AND THAT THERE IS A LIBERTARIAN ON THE FIFTH CIRCUIT. THERE ARE NUMBER OF OPINIONS WHERE HE STUCK HIS NECK OUT ALREADY. JIM AND THE FIFTH CIRCUIT -- IN THE FIFTH CIRCUIT WAS A CLERK FOR CLARENCE THOMAS. OUT OF THE GATES, I MEANT TO BRING HIS OPINION, AND HAD IT ON MY PHONE, BUT I WON'T TAKE THROUGH IT. HIS FIRST MOVE OUT OF THE JUDGES QUOTING CLARENCE THOMAS, WHICH TOLD YOU WE PICKED THE RIGHT GUY THERE. HE WAS A CAMPAIGN-FINANCE CASE, WHICH BOTH SENATOR MCCONNELL AND I THOUGHT WE PICKED THE RIGHT GUY THERE. HE STRUCK A CONTROVERSIAL LIMIT AND HE WAS A CAMPAIGN-FINANCE JUNKIE AND EXPERT. -- AND AS A CAMPAIGN-FINANCE JUNKIE AND EXPERT, I READ IT. I THOUGHT IT WAS ONE OF THE BEST WRITINGS ON THE SUBJECT. JIM IS REALLY MAKING HIS MARK. THE SAME IS TRUE OF SO MANY OTHERS. THE NEXT THING I WANT TO TALK ABOUT A LITTLE BIT IS WHERE DO WE GO FROM HERE. WHAT DOES THE FUTURE LOOK LIKE? SUPREME COURT'S HAVE TAKEN THE CASE KAISER VERSUS WILKIE. FOR PEOPLE WHO DON'T KNOW IT, IT IS A YOU YOU ARE -- AUER. THEY'RE DOING THE CASE BECAUSE -- IT IS A BEST -- YOU LEARN A VAGUE TERM, WHERE WE HAVE A DISPUTE OVER THE LANGUAGE, YOU DISPUTED AGAINST THE DRAFTER -- DISPUTE IT AGAINST THE DRAFTER. WHEN IT COMES TO DEREGULATION, ONE GOAL WE HAD WAS NOT MERELY TO PLAY THE ALPHABET SOUP GAME OF NEW REGULATIONS VERSUS OLD REGULATIONS. WE FOUGHT THROUGH HOW TO MAKE A SYSTEMIC CHANGE AND SPENT A LOT OF TIME THINKING ABOUT CHEVRON AND THE SORTS OF THINGS. IT WILL BE INTERESTING TO SEE HOW THE DEPARTMENT OF JUSTICE TAKES THE CASE. I KNOW WHAT I WOULD SAY TO DO, WITH DEFENDING OR NOT DEFENDING AUER. THAT IS ONE TO WATCH. THE NEXT THING TO WATCH IS THE NINTH CIRCUIT. THE NINTH CIRCUIT IS SITTING IN CALIFORNIA. MOST OF YOU, IF NOT ALL OF YOU, ARE FAMILIAR WITH IT AND HOW IT WORKS. IT IS A DIFFERENT KIND OF PLACE. IT'S AN OFTEN REVERSED KIND OF PLACE. THE PRESIDENT NOMINATED -- WE HAD A NUMBER OF VACANCIES ON THE NINTH CIRCUIT. IT IS 29 ACTIVE SEATS ON THE CIRCUIT. THERE ARE SIX CURRENT VACANCIES. OF THE 23 ACTIVE, AND I HATE TO PLAY PARTISAN, BUT FOR SHORT HANDING, IF YOU COULD FORGIVE ME TO TALK ABOUT WHO APPOINTED 16 DEMOCRATIC APPOINTMENTS, SEVEN REPUBLICAN APPOINTMENTS, WHICH INCLUDES JUDGE BENNETT OUT OF HAWAII AND JUDGE NELSON OUT OF IDAHO, BOTH APPOINTED BY PRESIDENT TRUMP. IT IS -- TO DO THE BACK OF THE ENVELOPE, 16 SAS -- 16 -- SEVE -- 16-7. ONE BRILLIANT LAWYER DID NOT GET TO THE SENATE. IT WAS VERY PAINFUL TO GO THROUGH, AND THAT WAS AN OPPORTUNITY MISSED, THE COUSIN THAT WOULD HAVE BEEN A 16 TO EIGHT COURT. BRIGID BEATTY OUT OF ARIZONA AND MR. MILLER OUT OF WASHINGTON HAD BEEN NOMINATED. BOTH WILL BE GREAT WHEN THEY GET THERE. I PREDICT THEY WILL GET THROUGH THE SENATE. WE'RE SORT OF CLOSING THE GAP. THE PRESIDENT NOMINATED THREE FOLKS TIED TO CALIFORNIA. CALIFORNIA IS A UNIQUE BIRD, BECAUSE THE RANKING MEMBER OF THE COMMITTEE IS -- THE JURISDICTION OF JUDGES OVER CALIFORNIA IS INTERESTING -- IS AN INTERESTING DANCE. YOU CAN FIND THREE PEOPLE BETTER. ON MY TALKING POINTS, AT LEAST 36 ARGUMENTS BEFORE THE NINTH CIRCUIT ALONE, BUT HE WAS A FORMER U.S. ATTORNEY AND WORKED AS A CLERK FOR JUSTICE SCALIA. YOU CAN'T CHALLENGE HIM ON HIS CREDENTIALS OR ABILITY. MR. LEE WAS NOMINATED AND WORKED IN PRESIDENT BUSH'S WHITE HOUSE COUNSEL OFFICE. HE CLERKED THE FIFTH CIRCUIT AND WENT TO HARVARD, MAGNA CUM LAUDE. HE'S NOT DUMB. MR. BOOM IT'S A IS A NI -- MR. BUMITAE IS A STAR. HE CLERKED IN THE 10TH CIRCUIT, WENT TO UNDERGRAD HARVARD, JD, IS A MEMBER OF THE NATIONAL FILIPINO LAWYERS ASSOCIATION, AND IS ALSO IN THE LGBT LAW ASSOCIATION. OFTEN TIMES, I MEET WITH SENATORS AND THEY SAY, WHERE IS THE DIVERSITY OF THE NOMINEES? THIS -- SHE IS PRECISELY WHAT THE DEMOCRATS -- HE IS PRECISELY WHAT THE DEMOCRATS SAID WOULD NOT BE A NOMINEE PRESIDENT TRUMP WOULD NOMINATE. THE WHITE HOUSE HAS NOT RENOMINATED THE SITE OF CALIFORNIA JUDGES. I DON'T HAVE FIRSTHAND KNOWLEDGE AS OF WHY. I'M HOPING IT IS TO WORK WITH SENATORS AND MAKE CONFIRMATIONS SMOOTHER. I HOPE THEY STICK WITH THIS TICKET THE PRESIDENT HAS SIGNED OFF ON. ASSUMING THIS WORKS OUT, WE HAVE 16 DEMOCRATIC APPOINTEES, SEVEN REPUBLICAN APPOINTEES. IF WE CAN GET THE OTHER SIX CONFIRMED, THAT MAKES 13. THE WAY CALIFORNIA, GIVEN THE GEOGRAPHIC SIZE OF CALIFORNIA, WITH HAWAII, AND HOW MUCH TRAVEL IS INVOLVED, IT IS NOT A FULL COURT, IT IS A SUBSET. ONE CAN IMAGINE HOW IMPORTANT IT WILL BE TO FILL THE VACANCIES. YOU WILL NOT NECESSARILY WIN EVERY CASE, BUT YOU WILL AT LEAST HAVE MORE OF A FIGHTING CHANCE AND MORE OF A BALANCED PANEL. WHEN I LOOK TO THE NINTH CIRCUIT, MY THEME WAS ALWAYS TO RESTORE BALANCE. EVEN HOW JUDGES ARE PICKED IS A COMMISSION. THAT IS RATHER NEW. I LEARNED FROM JUSTICE KENNEDY THAT THERE USED TO BE MORE OF A DEAL WHERE THE WHITE HOUSE WOULD PICK SOME, THE SENATORS WOULD PICK SOME, WHICH IS TRUE IN SOME STATES. CALIFORNIA HAS BECOME ITS OWN THING. I THINK IT CAN MAKE A DIFFERENCE , NOT ONLY IN THE LONG-TERM, BUT IN THE SHORT TERM. RIGHT NOW, EVERYONE THAT WANTS TO CHALLENGE PRESIDENT TRUMP RUNS INTO SOMEONE IN THE NINTH CIRCUIT, KNOWING THAT THEY HAVE LIKE-MINDED JUDGES THERE. THE SUPREME COURT CANNOT HEAR THEM ALL. WITH THAT, LET ME CEASE SPEAKING AND TAKE A FEW QUESTIONS. AS A FINAL THING, THINK YOU EVERYONE FOR YOUR ATTENTION AND THANK YOU TO THE FEDERALIST SOCIETY FOR THE WORK YOU HAVE DONE. DEMOCRATS WOULD SAY PRESIDENT TRUMP OUTSOURCES JUDICIAL SELECTION TO THE FEDERALIST SECTION. WE DID NOT OUTSOURCE IT, WE IN SOURCED IT. EVERYONE THAT WORKS FOR ME WAS A MEMBER OF THE FEDERALIST SOCIETY. [APPLAUSE] ...

IT IS NOT AS IF WE VIEW THE FEDERALIST SOCIETY AS AN INTEREST GROUP WE WOULD CHECK OFF A LIST ABOUT WHAT THIS GROUP THINGS FOR THAT GROUP THINKS. I THINK IT WAS A VERY SUCCESSFUL RUN. I WANT TO PERSONALLY THANK LEONARD, WHO I KNEW BEFORE AND REALLY KNOW NOW FOR HIS FRIENDSHIP AND SUPPORT AND LEADERSHIP OF THIS ORGANIZATION, BUT LEONARD, I REMEMBER BRINGING LEONARD TO MY LAW FIRM WITH THEN CANDIDATE TRUMP. I INTRODUCED THEM AND THEY HIT IT OFF. IT HELPED ME BECAUSE I HAD A GREAT SOUNDING BOARD, AND PRESIDENT TRUMP WANTED TO MAKE SURE HE KNEW WHAT HE WAS GETTING WITH HIS JUDGES. THERE WAS A LOT OF DUE DILIGENCE, AND WITHOUT LEONARD'S HELP, AND SO MANY HERE, SO MANY OF YOU HELPED. WE WOULD REALLY CHECK ON WHO CLERKED FOR WHO AND WHO IS CO-CLERK, AND WHAT THE CO-CLERK SAID ABOUT THE PERSON. WITHOUT LEONARD, NONE OF THIS WOULD HAVE BEEN POSSIBLE. WITH THAT, I WILL TURN IT OVER TO LEONARD TO ORCHESTRATE TO ASK QUESTIONS. ...

WHAT WE WILL DO IS, IF YOU HAVE A QUESTION, RAISE YOUR HAND AND OUR STAFF AND VOLUNTEERS WILL BRING THE MIKE TO YOU -- MIC TO YOU. [COUGH]

FIRST, I WOULD TO THANK YOU AND PRESIDENT TRUMP FOR YOUR WORK. I'M A SECONDLY YEAR LAWSUIT IT -- LAW STUDENTS. BESIDES COMING TO CONFERENCES LIKE THESE, WHAT CAN WE DO AS INDIVIDUALS TO CONTINUE YOUR LEGACY? ...

LET ME STOP YOU. I DON'T HAVE A LEGACY. PRESIDENT TRUMP HAS THE LEGACY. HE SIGNS THE COMMISSION, IS THE PRESIDENT, AND I'M HONORED TO BE A PART OF IT. IT'S IMPORTANT TO KEEP IN MIND WHO RUNS THE COUNTRY. ELECTED OFFICIALS ARE THE ONE TO -- ONE TO RUN THE COUNTRY. THE ONE THING YOU CAN TAKE HOME IS TRYING TO KEEP BUREAUCRACIES AND ELECTED OFFICIALS ACCOUNTABLE FOR THEIR ACTIONS. KEEP IN MIND WHO RUNS THE PLACE. I LOVE THE QUESTION, BECAUSE WHEN I WAS YOUNG, I WOULD LISTEN TO SPEECHES AND TRY TO TAKE THINGS. THE PERSON GIVING THE SPEECH PROBABLY NEVER KNEW THE IMPACT. I REMEMBER BEING A YOUNG GUY MOVING TO D.C., AND I HEARD ROGER BALLON SPEAKING -- P ALLAN SPEAKING. HE HAS TOUCHED MANY PEOPLE. I REMEMBER COMING TO D.C. IS A HIGH RIDGE CONSERVATIVE LIBERTARIAN WHO THOUGHT HE UNDERSTOOD THE WORLD, BUT COULD NOT QUITE PUT THE GLOSS ON IT. TO SEE SOMEONE LIKE ROGER, WHO SPOKE OF ALL THE CONSTITUTIONAL AMENDMENTS AS IF IT MATTERED, THE FIRST, THE SECOND, AND WELL THE THIRD -- [LAUGHTER] ...

MY POINT IS, WHAT YOU CAN DO IS THAT MAYBE I SAID SOMETHING HERE TODAY THAT WILL RESONATE WITH YOU OR SOMEONE ELSE, BUT YOU GET OUT AND PRACTICE LAW, KEEP COMING TO THIS KIND OF THING. IF, SOMEDAY, YOU END UP AS LUCKY AS I DID AND GET TO GIVE SPEECHES, GO PLACES WHERE YOU CAN TALK TO THE YOUNGER GENERATION, I CAN'T GIVE YOU ANYTHING TO GO TO TODAY, BUT THE WAY TO CARRY IT ON IS IF YOU GET THE CHANCE TO DO SOMETHING, DO IT. DON'T BE AFRAID TO SPEAK TO STUDENT GROUPS. 99 OUT OF 100 STUDENTS MAY BE TEXTING OR NOT LISTENING, BUT THERE MAY BE ONE KID LIKE ME SITTING THERE LISTENING TO ROGER . IT GAVE ME AN IDEA THAT CRYSTALLIZED SOMETHING THAT RESULTED IN SO MUCH OF HOW I VIEW THE WORLD. IF YOU WANT TO TALK LEGACY, IT'S NOT MY LEGACY, IT'S YOUR LEGACY. THEY ARE GETTING THE MICROPHONES IN POSITION. THERE WE GO. ...

THANK YOU. YOU EXPRESS UNCERTAINTY OVER WHETHER THE LIST WILL BE AN ONGOING FEATURE OF THIS WHITE HOUSE OR FUTURE WHITE HOUSE IS --WHITE HOUSES. TO A CERTAIN EXTENT, SOME OF US HAVE AN AN EXTENT THAT THE USE OF THAT LIST HAS BECOME A NO NEW TAXES PLEDGE. I WOULD BE INTERESTED IN YOUR THOUGHTS ON WHETHER THAT HAS BECOME SOMETHING THAT WILL SIMPLY BE, POLITICALLY IMPORTANT IF NOT NECESSARY FOR ALL REPUBLICAN CANDIDATES TO USE IN SOME FORM OR ANOTHER, GOING FORWARD. ...

TIME WILL TELL. WHEN YOU SAY THAT NO NEW TAXES THING, I THINK OF THE 92 ELECTION. [LAUGHTER]

THE DIFFERENCE THERE IS THAT PRESIDENT TRUMP DID NOT RAISE HIS PLEDGE, HE DELIVERED ON AND -- ON EVERYTHING HE SAID. NOW, IT HAS BECOME A STANDARD THING FOR TAX PLEDGES THAT PEOPLE SIGN FROM THE HOUSE CANDIDATES TO GOVERNORS, TO EVERYBODY. IT WOULD BE WONDERFUL IF IT DID BECOME A STANDARD KIND OF THING. IF PEOPLE HAD A POWER TO APPOINT JUDGES AND WHICH JUDGES THEY WOULD APPOINT. I THINK IT WOULD BE GREAT. I'M NOT SURE IT REALLY HAPPENS. THERE ARE VERY POLITICAL CONSULTANTS WHO SEE THE DROP OF THE POLITICAL INDUSTRIAL COMPLEX OF D.C. WHO THINK IT WILL BE A NECESSARY THING GOING FORWARD. DEMOCRATIC CONSULTANTS THINK THEY NEITHER OWN LIST. MAYBE IT WORKS AND MAYBE IT DOES NOT WORK. I THINK DONALD TRUMP IS UNIQUE, WITH RESPECT TO THIS. HE HAS ENCOURAGED AND BOLDNESS YOU WILL NOT SEE. YOU HAVE NOT SEEN IT BEFORE, AND YOU WON'T SEE IT AGAIN. IT COMES FROM A COMPLETELY DIFFERENT PLACE FROM PEOPLE WHO HAVE RUN FOR THE OFFICE OF PRESIDENCY. HISTORICALLY, YOU HAVE TO LOOK AT THE CONTEXT IN WHICH IT HAPPENS. WE ALL REMEMBER WHERE WE WERE WHEN WE LEARNED JUSTICE SCALIA PAST. THERE WAS A REAL NEED -- PASSED. THERE WAS A REAL NEED THERE. IT HAS HAPPENED IN HISTORY BEFORE, BUT IN THE MODERN AGE OF MASS COMMUNICATION, THAT'S WAS SOMETHING THAT REALLY CAUSED THE PROVERBIAL PLANETS TO LINE UP. I'M SURE THERE WILL BE POLITICAL CONSULTANTS SAYING YOU NEED A LIST. FOR PURPOSES OF DOING A CAMPAIGN OR IF YOU WANT TO WRITE A PAPER AND THINK I WON'T GET IN THE WAY OF THAT, I THINK PRESIDENT TRUMP BROKE THE MOLD. IT IS NOT SOMETHING OTHER PEOPLE CAN SIMPLY DO. THEY CAN TRY. LONG-TERM, LISTS WILL BE GOOD. CANDIDATES ARE FORCED TO TALK ABOUT THE JUDICIAL BRANCH AND ITS ROLE. ONCE WE TALK ABOUT IT, OUR VIEWS WILL BAKE SENSE TO ORDINARY AMERICANS -- MAKE SENSE TO ORDINARY AMERICANS. ...

I WILL BE MORE CONVINCED THE PRESIDENT TRUMP WHEN HE APPOINTS A PROTESTANT.

NEIL WAS RAISED CATHOLIC. [LAUGHTER]

WATCHING THE KAVANAUGH HEARINGS, I WAS RETURNING TO THE BOOKSHELF TO READ THE TEMPTING OF AMERICA AND JUSTICE THOMAS'S GRANDFATHER'S SON. BOTH OF THEM HAVE CHAPTERS IN THE BOOKS THAT DESCRIBE WHAT THE DEMOCRATS DID TO TRY TO DERAIL THEIR NOMINATIONS. IT'S CLEAR THEIR GAME PLAN WAS KNOWN. MY QUESTION IS, WHERE WE PREPARED FOR THAT? IF WE WERE, WHY DIDN'T THAT CRAZY -- WHY DID THAT CRAZY MONTH HAPPEN? ...

WE CERTAINLY WERE PREPARED. THAT IS WHY HE IS ON THE SUPREME COURT. [APPLAUSE]

IT WAS INEVITABLE THEY WOULD COME AFTER WHOEVER WAS NOMINATED, BY ANY MEANS NECESSARY. FILLING THE SHOES OF JUSTICE SCALIA IS IMPOSSIBLE, WHICH IS WHY I THINK JUSTICE GORSUCH, YEARS FROM NOW WILL BE HIS OWN -- GORSUCH WILL BE A SHORTHAND FOR HIS STYLE OF THINKING AND JUDGING. THE CONVENTIONAL WISDOM WAS THAT THAT WAS A LIKE TRADE FOR LIKE TRADE. YOU WERE TO EXPECTING A BALANCE OF THE COURT, SO TO SPEAK. JUSTICE KENNEDY RETIRES FROM THE COURT, STILL A JUDGE AND CAN STILL RIDE A CIRCUIT, HE DID NOT RETIRE FROM BEING A JUDGE. THE LEFT MEDIA SAID THIS WILL BE THE SWING SEAT. I REMEMBER WHEN CITIZENS UNITED WERE BEFORE THE COURT. JUSTICE KENNEDY THE STRONGEST FIRST AMENDMENT SKY WE HAD EVER. THAT DOES NOT MEAN PERCEPTION WILL NOT BECOME REALITY. WE KNEW THEY WOULD GO AFTER IT, GUNS A BLAZING. WE WERE PREPARED. THAT IS WHY WE HAD AN OPERATION TO PUSH BACK. A LOT OF THIS COMES FROM LESSON LEARNS FROM THOMAS. I WAS IN HIGH SCHOOL AT THE TIME OF THE BOARD HEARINGS, AND I WATCHED SOME OF THEM. MY FATHER TAPED THEM ON A VHS PLAYER AND MAYBE WATCH THEM. IT WAS FASCINATING BECAUSE I WAS INSPIRED. IT'S MAYBE GO TO LAW SCHOOL. I WAS IN LAW SCHOOL WHEN THE THOMAS HEARINGS HIT. I WATCHED THEM INTENSELY. INTERESTINGLY, BRETT KAVANAUGH WAS THE FIRST YEAR LAW STUDENT WHEN THE BOARD HEARINGS HAPPENED. BOTH OF US, I'M 50, PEOPLE AT MY AGE CAME OF AGE IN THOSE HEARINGS. WE STUDIED THEM INTENTLY. I THINK WE TOOK A LOT OF LESSONS LEARNED AND WERE VERY MUCH PREPARED FOR HOW WE LAUNCHED INTO HOW WE DID IT. IT'S UNFORTUNATE MODERN SUPREME COURT NOMINATIONS ARE RUN LIKE POLITICAL CAMPAIGNS, BUT THAT IS WHAT HAS BECOME. THESE WERE RUN IN A STRONG WAY, WHICH IS WHY WE HAVE THE SUCCESS WE HAVE HAD. IT WAS INEVITABLE THEY WOULD COME AFTER WHO WAS UP. IT WAS TOUGH TO PREDICT, BUT WE WEATHERED THE STORM AND SURVIVED. PREVIOUS GENERATIONS MAY NOT HAVE SURVIVED BECAUSE THEY MAY HAVE NOT HAVE SEEN IT COMING. ...

WE WILL TAKE ONE MORE QUESTION.

WHEN IT COMES TO THE NUMBER OF JUDGES, SOMETHING THAT IMPRESSES US IS COMMITMENT TO GET THEM THROUGH IN THE FACE OF A LOT OF OBSTETRICIANS ON THE OTHER SIDE. WHAT IS ONE CHANGE YOU THINK COULD BE DONE IN THE NEXT TWO YEARS TO SPEED UP THAT PROCESS ALONG AND MAKE ITS SOMETHING THAT WORKS BETTER AND ALLOWS GOOD PEOPLE TO GET ON THE COURT? ...

THERE WAS A TIME WHERE THE SENATE WOULD MOVE JUDICIAL NOMINEES AND DEFER TO OTHER SENATORS. THIS IS WHERE THE BLUE SLIP COURTESY COMES FROM. HOME STATE SENATORS HAVE A BIG SAY IN DISTRICT COURT JUDGES. CIRCUIT COURTS SIT FOR MULTIPLE STATES, SO IT'S UNCLEAR TO ME WHY SENATORS IN STATE X GET TO DECIDE JUDGES THAT'S IT FOR MULTIPLE STATES. THE STATUTE REQUIRES CITIZENSHIP RESIDENCY OF -- IT'S NOT CLEAR TO ME WHY THE SENATE MAINTAINS THIS. WHAT HAS HAPPENED NOW IS THE SENATE USES EVERY TRICK TO SLOW THIS DOWN. IT IS SOMETHING BUILT UP OVER THE YEARS ON BOTH SIDES OF THE AISLE. THE QUESTIONNAIRES NOMINEES HAVE TO FILL OUT. THEY HAVE TO FILL OUT THE FBI BACKGROUND FORM THAT THE PRESIDENT LIKES TO MAKE SURE HAPPENS BEFORE HE MAKES A NOMINATION, BUT THERE IS A WHOLE SEPARATE QUESTIONNAIRE THE SENATE REQUIRES THAT TAKES FOREVER AND A DAY. THEN, THERE IS FOLLOW-UP QUESTIONS. IT TAKES A LONG TIME TO GET A HEARING. THEN, YOU HAVE TO PREP FOR A HEARING. THEN, THERE'S A SEPARATE VOTE TO GET THAT TO COMMITTEE. IT GETS OUT OF COMMITTEE AND GOES TO THE SENATE FLOOR, BUT THEN THEY HAVE TO DEBATE. THE DEMOCRATS HAVE BEEN VERY GOOD, OVER THE PAST TWO YEARS, OF RUNNING THE CLOCK TO THE MAXIMUM EXTENT POSSIBLE. THAT IS NOT HOW IT USED TO BE. IT USED TO BE THE SENATORS HAD THEIR DEALS WITH THE WHITE HOUSE, AND THEY WOULD KIND OF WORK TOGETHER. THERE WOULD AT LEAST BE SOME JUDGES THAT WOULD GO THROUGH ON UNANIMOUS CONSENT. I'M NOT SURE WHAT THE MAGIC CHANGES, -- CHANGE IS, OTHER THAT THE SENATE HAS GOTTEN INTO THE HABIT OF TAKING A LOT OF TIME ON THESE SORTS OF THINGS. IT IS UNFORTUNATE. ONE THING WE DID IN THE WHITE HOUSE TO COUNTERACT THAT WAS CONSULT WITH THE SENATORS EXTENSIVELY BEFORE THE NOMINATION WAS MADE TO SEE HOW MUCH WE COULD GET BUTTONED UP BEFORE WE LAUNCHED THE NOMINATION TO TAKE AWAY THE ARGUMENT WE NEEDED MORE TIME. . A KIND OF HELPED. PART OF WHY -- IT'S KIND OF HELPED. WE DIDN'T REALLY HESITATE. THE SENATE HAS GROANED INTO ITS OWN -- GROWN INTO ITS OWN THING AND THAT HAS ALTERED, IN SOME WAYS. SENATOR HATCH GAVE A GREAT SPEECH IN HERITAGE LATE LAST YEAR ABOUT HIS EXPERIENCE IN THE SENATE AND HOW IT HAS EVOLVED, AND HOW CONTENTIOUS IT BECAME AND THE NUCLEAR OPTION FILIBUSTER TO LOAD UP THE CIRCUIT. COULD THE REPUBLICANS COUNTER AND DO A SIMILAR THING? MAYBE. I DON'T KNOW. ELIMINATING THE FILIBUSTER WAS SOMETHING THAT SHOULD NOT HAVE HAD TO BE DONE. LET'S NOT FORGET THAT CLARENCE'S VOTE TOTAL WAS TIGHT, BUT HE GOT A VOTE ON FINAL PASSAGE. THIS IS REGARDLESS OF WHO IS IN THE WHITE HOUSE AND SENATE. FINALLY, THE NOMINEES ARE OWED. MANY OF YOU ARE ON THE BENCH OR WILL BE ON THE BENCH. IT'S AMAZING WHAT TO GIVE UP, THE NUMBER OF QUESTIONS YOU HAVE TO ANSWER, THE DETAIL YOU TELL PEOPLE. THE IDEA THAT YOU HAVE TO SIT DOWN WITH ME AND TELL ME THINGS YOU HAVE NOT TOLD ANYBODY ELSE IS WEIRD. AND FOR WHAT? SO WE CAN TAKE MORE TIME? IT'S THE TIME THAT I THINK NEEDS TO BE COMPRESSED. I THINK IT NEEDS TO BE COMPRESSED. I MAY WRITE SOMETHING ON THAT, BUT IT IS TRICKY. WITH THAT, I THINK OUR TIME IS UP. THANK YOU SO MUCH. IT HAS BEEN AN HONOR TO BE HERE. THANK YOU. [APPLAUSE] [CAPTIONING PERFORMED BY THE NATIONAL CAPTIONING INSTITUTE, WHICH IS RESPONSIBLE FOR ITS CAPTION CONTENT AND ACCURACY. VISIT NCICAP.ORG] ...