Monday, June 15, 2009

Better than Sebelius v. Romney on Healthcare: Berkowitz w/ Prof. Presser on Judge Sotomayor's nomination to the Supreme Court, Cable & Streaming

Jeff Berkowitz: ... Go back to Brown v. Board of Education [1954] ["Separate but equal," held to be unconstitutional]. Do you think those folks [That Supreme Court] did not have empathy with African-Americans, who had been …treated as Second-class citizens when it came to going to school. Do you think that? Tell me that, Professor Presser. Do you think that?

Professor Stephan Presser: Do I think "Brown" is an empathetic decision? [watch show w/ Prof. Presser here]

Jeff Berkowitz: Yes.

Professor Stephan Presser: Yeah, I think it probably is.
*************************************
The "Public Affairs," show featuring Professor Stephen Presser, Northwestern University Law School Professor, airs throughout the City of Chicago tonight i.e., June 15, at 8:30 pm on Cable Ch. 21(CANTV, aka Chicago Access Network TV). Prof. Presser debates and discusses with Jeff Berkowitz, show host and Executive Legal Recruiter, the nomination of Judge Sonia Sotomayor to the Supreme Court. The Senate confirmation hearings for this nomination are scheduled to start July 13, 2009.

The program with Prof. Presser also airs tonight on cable in Aurora and surrounding areas at 7:30 pm on ACTV-10. The Aurora station, ACTV-10, aka Aurora Community Television, Comcast Cable Ch. 10, reaches all of Aurora, Bristol, Big Rock and parts of Oswego, Sandwich, Sugar Grove and Montgomery.

You can also watch the show with Prof. Presser on your computer.
*************************************************
Go here for a transcript of what Barack Obama told Berkowitz in 2003 about appropriate criteria for Senators opposing judicial nominees and what Obama said in 2005 about Senators opposing Supreme Court nominees.
*****************************************
Will Sotomayor uphold or re-write the Constitution?

Jeff Berkowitz: What’s the problem area here [with Judge Sotomayor]?

Professor Stephan Presser:... The problem area is, ”Are you going to uphold the Constitution or are you going to re-write it.”

Jeff Berkowitz: … From what you have seen so far, [is it] very likely that Judge Sotomayor is going to re-write it?

Professor Stephan Presser: It’s a concern, now. To be fair to her, she has
said, on several occasions, it’s not the job of a judge to do that, it’s the job of a judge to follow the law that’s laid down. The problem is that there are contradictory statements [from her] and it would be important to learn what does she really believe. But, there is another thing, too, Jeff… this one I advance a little bit more tentatively. But, when you appoint somebody to the Supreme Court…you want a first class mind, if you can get one, and I’d like to know
more about whether she has that, or not.

***********************************************
Berkowitz role plays Judge Sotomayor

Jeff Berkowitz: [Assume you have] Judge Sotomayor in the chair... I’m Judge
Sotomayor, grill me…

Professor Stephan Presser: What do I want to know?

Jeff Berkowitz: Yes.

The job of a Supreme Court Justice

Professor Stephan Presser: What do you think your job as a Justice is?

Jeff Berkowitz: It is to apply the Law and the Constitution judiciously.

Professor Stephan Presser: What does that mean, judiciously? Does that
mean with empathy or does it mean according to the manner with which it was understood when the document was drafted?

Empathy or Originalism?

Jeff Berkowitz: Well, of course, we use our experience; so, of course, we
empathize;... we look at the Constitution to see what it says; and, of course, we have an understanding of what people intended when they wrote this.

Professor Stephan Presser: And, which is it?

Jeff Berkowitz: It is all of that.

Professor Stephan Presser: It is?

Jeff Berkowitz: It is all of that.

Professor Stephan Presser: And, where have you seen in our tradition that it is all of that?

Brown v. Board of Education, an empathetic decision?

Jeff Berkowitz: In the vast reaches [of the law]. Go back to Brown v. Board of Education [1954] ["Separate but equal," held to be unconstitional]. Do you think those folks did not have empathy with African-Americans, who had been …treated as Second-class citizens when it came to going to school. Do you think that? Tell me that, Professor Presser. Do you think that?

Professor Stephan Presser: Do I think "Brown" is an empathetic decision?

Jeff Berkowitz: Yes.

Professor Stephan Presser: Yeah, I think it probably is.
****************************************
Public Affairs, Taped on May 31, 2009
********************************
Go here for another partial transcript of the show with Prof. Presser
******************************************
"Hot," recent posted shows on the Public Affairs YouTube page include the fastest five minutes on the web- a New York Times video about Obama-Berkowitz, a show with Professor Stephen Presser, a Northwestern University Law School Professor, about Judge Sonia Sotomayor's nomination to the U. S. Supreme Court, a show with State Rep. Hamos (D-Evanston) about the State's budget deficit and her likely run in the 2010 Attorney General Dem. Primary , a show with probable Republican Primary Guv candidate Dan Proft (will announce his decision by end of June) and many more shows.
******************************
"Hot," recent posted shows on the Public Affairs YouTube page include the fastest five minutes on the web- a New York Times video about Obama-Berkowitz, a show with Professor Stephen Presser, a Northwestern University Law School Professor, about Judge Sonia Sotomayor's nomination to the U. S. Supreme Court, a show with State Rep. Hamos (D-Evanston) about the State's budget deficit and her likely run in the 2010 Attorney General Dem. Primary , a show with probable Republican Primary Guv candidate Dan Proft (will announce his decision by end of June) and many more shows.
******************************