Biden Puts His Stamp On Federal Courts
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It's Monday, December 16th. I'm Jane Koston, and this is What A Day, the show that is just noting that South Korea impeached and removed President Yoon Suk-yool from office on Saturday after his attempt to declare martial law. And now prosecutors want to interview him in advance of potential charges for perpetrating an insurrection. I'm not saying anything about what this is making me think about. I'm just thinking it really, really hard.

On today's show, Representative Nancy Pelosi gets hip replacement surgery in Germany. And Secretary of State Antony Blinken is in touch with Syria's new leadership. Let's get into it. President Joe Biden and Senate Democrats are expected to score a big win this week. They've been rushing to confirm as many federal judges as they can before the new Congress is sworn in next year.

And if all goes to plan, Democrats will get their 235th Biden-appointed judge on the federal bench in the next few days. That's one more than President-elect Donald Trump seated in his first term.

We are still viscerally feeling the effects of those Trump appointments, especially his three Supreme Court picks. The end of Roe versus Wade, the end of affirmative action in college admissions, the expansion of gun rights, a whole lot of stuff we will have to grapple with for decades. And now we'll have to endure round two when Trump returns to office on January 20th. So yeah, there's a reason Senate Democrats have been rushing to appoint as many judges as they can.

It's one of the few tangible things they can do in the lame duck session to mitigate the risks of a second Trump presidency. Fill openings on the federal bench so Trump can't. Illinois Democrat Dick Durbin, the chair of the Senate Judiciary Committee, told CNN last week that by the end of Biden's term, he'll have appointed a quarter of the entire federal judiciary.

We set out to do that, to fill as many vacancies as we could with competent people, and I'm happy to report that 85% plus have voted in favor of these nominees on a bipartisan basis. That's something you have to work hard to achieve in this divided Senate. Secondly, we've brought real diversity to the bench. The women and men who will be serving us in that capacity will really represent a cross-section of America.

And Durbin is right. Biden is poised to appoint a record number of black judges, 63. More than half of his appointments have been people of color, also a record. And he's set to become the first president to appoint more women than men to the federal bench. Damn!

So for more on the significance of Biden's judicial record, I spoke with Lena Zornstein. She's the senior director of the Fair Courts Program at the Leadership Conference on Civil and Human Rights. It's a nonprofit that advocates for civil rights in a number of ways, including through a fairer court system.

Lena, welcome to Water Day. Thank you so much, Shane. I'm so excited to be here. Biden and Senate Democrats are poised to just edge past the judicial confirmation record Trump and Republicans set during Trump's first term in office. What's the significance of that?

The significance is not only that they are beating Trump's number, but more importantly, they are putting fair-minded, well-qualified jurists who have a demonstrated commitment to people's civil and human rights. So while there have been and hopefully will be at least 235 judicial confirmations that are attributed to this incident,

administration's efforts where they have prioritized both demographic and professional diversity, that is delivering real results for people. Because we know that when you have nominees who come from all of our communities,

who have experience in voting rights, reproductive rights, access to health care law, disability law, and so much more that they are better informing the judicial decisions that they are making that are impacting millions and millions of people's lives. But it's also increasing public trust in the judiciary itself. So not just the quantity, but it's more important the quality of folks that we're seeing get put on the bench. On that note, are there any particular standouts to you in terms of the people Biden is putting on the federal bench?

Yeah, well, one thing I want to applaud this president for doing is fulfilling his commitment that he made during the campaign to nominate the first black woman on the U.S. Supreme Court, Justice Katonji Brown Jackson. He not only nominated her for the D.C. Circuit, but then also the U.S. Supreme Court. So not only is she the first black woman to be on our Supreme Court, she is the first public defender, someone who has worked with people impacted in the criminal legal system to be on our courts.

We have seen a lot of other people nominated to the courts who have very similar background in terms of helping people navigate the very complex and deeply impactful criminal legal system, but also those who have done a lot of work defending people's voting rights. People like now Judge Dale Ho, who's on the Southern District of New York, or thinking of the reproductive rights advocates, people like now Judge Julie Rickleman, who's serving in the First Circuit.

She is someone who advocated for the fundamental right to abortion in the Dobbs decision, which unfortunately the Supreme Court got wrong, but she was arguing correctly in the law. We also see wonderful judges like Judge Nancy Abudu, who's been confirmed to the 11th Circuit.

She is the first black woman to be serving and the first black judge from Georgia to be serving. She is somebody who has worked to help defend and support the voting rights of people accessing health care and reproductive health care through her tenures at the ACLU and Southern Poverty Law Center. And the list goes on and on and on. How can these lower court judges influence the shape of federal law?

Well, if anybody ever enters a courthouse, most likely it is going to be at the district court level. But you don't even have to enter a courthouse in order to be impacted by the decisions that district courts and circuit court judges make because they are doing the job of interpreting federal law.

They are hopefully being informed by law and facts, not necessarily just favor or what their personal preferences may be. But it impacts everything from whether or not somebody can access health care to whether or not they can get an equitable education. So every single one of these judges is issuing thousands of decisions throughout their entire tenure that may or may not actually be your particular individual case, but does impact your life.

Is their influence muted at all, given the very conservative bent of the U.S. Supreme Court? So their influence, every single judge is still deciding thousands upon cases that impact people. So while the Supreme Court is nine justices, the majority of whom are taking away many of our fundamental rights or have done so and are threatening to do so based on the types of cases that are coming in front of them soon, they're

We know that the district court judges and the circuit courts are still deciding very real cases for everybody. A lot of the judges that have been put on by the previous administration, this incoming administration, have been selected because of their anti-civil and human rights record. And that is something that has been deeply concerning to us. But we know that we have had to fight.

And against that, I think that it is one reason why we are fighting so hard to make sure not only all of the pending nominees that are confirmed or confirmable right now, because they're pending, who are fair-minded, have a progressive vision of the law, and are dedicated to our civil rights are confirmed, and how we're going to continue to fight. It's the previous generation's fight, it's our generation's fight, and it's something that we're going to continue to have to fight for in order for there to be equal justice.

Now, Trump is headed back to the White House. And something that was interesting to me is that part of the argument for Trump among Republicans his first term was the list of judges he released during the campaign. That was a big deal, very much a Federalist Society project. He didn't do that this time. And it seemed like no one cared. What opportunities will he have to fill vacancies this time? Because there is a real chance that you could have at least two members of the Supreme Court step down to go hang out on yachts some more.

That's right. I don't know that he had to release a list. What we know is that they were very successful in the first administration in installing a number of these judges who have these very specific agendas in mind. You know, when the president passed,

Trump released that list, it was under the promise that these judges or soon-to-be justices would overturn Roe versus Wade and take away the fundamental right to abortion. And they did that. A lot of the judges that are on that list are now sitting on our Court of Appeals. Judges like James Ho, who's sitting in the Fifth Circuit. He is somebody who I know many are talking about potentially being a future Supreme Court justice. And so

It's still, we know, based on Project 2025, based on what the administration did previously, the types of folks that they are looking for. And it's one reason right now we are fighting so hard to make sure that there are so few of those vacancies that are open for this administration to fill. Yeah, on that note, speaking about the Supreme Court, you know, there is a chance, again, that

Justices Clarence Thomas and Samuel Alito could retire. Both men are deeply conservative, so it wouldn't necessarily reshape the political leanings of the court. But what would it mean for Trump to get five Supreme Court picks as president? It entrenches how conservative, ultra-conservative, that that majority will be decades. It could potentially prolong it by, you know, another generation, which I think is really scary. In my lifetime, you know, the fundamental right to abortion is

went away, was revoked by the Supreme Court. And we still have to keep fighting for it. And I want to see that happen in my lifetime, in my mom's lifetime, in so many other people's lifetimes. But really, it is something that is so fundamental in terms of how we're fighting for equal justice for everybody to make sure that we have jurists who...

One day we'll be fighting and working for all of us. And I'm so proud of the confirmation of Justice Katonji Brown Jackson. And I'm so grateful for Justice Sotomayor and Justice Kagan because I know that they right now are trying to hold on to everything that they possibly can to make sure that the dissents that they are writing, the work that they are doing with our colleagues is one that hopefully makes it easier for us in the future to have a majority on the Supreme Court that truly reflect all of us and will protect all of our rights. Lena, thank you so much for being here.

Thank you so much, Jane. I appreciate it. That was my conversation with Lena Zwornstein, Senior Director of the Fair Courts Program at the Leadership Conference on Civil and Human Rights. We'll get to more of the news in a moment, but if you like the show, make sure to subscribe, leave a five-star review on Apple Podcasts, watch us on YouTube, and share with your friends. More to come after some ads.

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ABC News agreed to pay $15 million Saturday to settle a defamation lawsuit brought by President-elect Donald Trump over comments made by anchor George Stephanopoulos. Trump sued the network in March after that on-air exchange between Stephanopoulos and South Carolina Republican Representative Nancy Mace. During the interview, Stephanopoulos said Trump had been found liable of raping writer E. Jean Carroll, which is technically inaccurate. Trump was actually found liable for sexually abusing and defaming Carroll in a civil suit last year.

He was ordered to pay Carroll nearly $90 million in two separate civil suits. Trump is appealing both verdicts. As part of the settlement, ABC issued a statement of regret in an editor's note online. The network is also responsible for Trump's $1 million attorney fee. The $15 million payout by ABC is considered a, quote, charitable contribution and will go towards Trump's future presidential library.

Former House Speaker Nancy Pelosi is reportedly recovering from hip replacement surgery after falling down a flight of stairs over the weekend. The 84-year-old California congresswoman was hospitalized on Friday during an official visit to Germany. A spokesperson for Pelosi said that she fractured her hip and that the surgery was successful. She's not the only lawmaker that recently took a spill. Senate Minority Leader Mitch McConnell tripped and fell last week. He sprained his wrist and suffered a cut to the face.

The 82-year-old senator worked from home on Thursday, and GOP leaders insist he's just fine. But it's the latest of many health scares McConnell has had to date. Pelosi and McConnell's injuries and their old age have renewed the debate over whether Hill lawmakers should have term limits. About a fifth of members of Congress are 70 or older. Only 6% are under 40. All of this was unthinkable just a week ago. And it does speak to the promise of this moment.

Secretary of State Antony Blinken said on Saturday that the U.S. has officially made contact with Hayat Tirir al-Sham, the Islamist rebel group that has seized control of Syria. Blinken made the remarks from Jordan after meeting with world leaders to discuss Syria's future.

HTS took the world by surprise when it toppled former Syrian President Bashar al-Assad and ended his family's brutal, decades-long authoritarian regime last week. The group has since called on Syrian refugees from around the world to return home now that the country's civil war has ended. Here's what one Syrian refugee in Turkey told Al Jazeera on Friday. The tyranny of over 50 years passed from the father to the son is gone. We

We can't believe it. It's like a dream. I cried when I found out it was over. Personally, I feel there is a big responsibility to come back and help. It's unclear whether the rebels can rely on the U.S. as an ally. We talked on the show last week about how HTS is considered a terrorist organization by the U.S. President-elect Donald Trump said that the U.S. should not get involved with Syria. The source of the mystery drone seen flying over New Jersey and other parts of the Northeast in the last few weeks still remains, well, a mystery.

Homeland Security Secretary Alejandro Mayorkas said on CNN Saturday there is nothing to be concerned about. We have not seen anything unusual. We have not seen any unusual activity. We know of no threat. We know of no nefarious activity. On the ground, civilians and officials are becoming increasingly frustrated by the lack of answers. New Jersey Republican Representative Chris Smith responded to Mayorkas at a press conference later that day. Is he kidding?

How does Secretary Mayorkas, who infamously told us for years that our southern border was secure and closed when we know it's not, and now insult our intelligence that we haven't seen anything unusual? This is usual? I don't think so.

New Jersey Democratic Governor Phil Murphy wrote to President Joe Biden on Friday to ask for more federal resources to investigate the drones. New Jersey Democratic Senator Andy Kim is hunting the drones himself and posting about it on Twitter. He claims they're, quote, almost certainly planes. But still, nobody knows anything for sure about what these drones are or who sent them. One thing we do know, though, is that the truth is out there. And like the X-Files, I do not want to watch it because I'm scared. And that's the news.

One more thing. Suffice it to say, I do not think Donald Trump is the smartest person in the world. He is not an all-powerful god emperor. As far as I can tell, he is a person who thinks that human civilization peaked when Bloodsport came out in theaters in 1988. But he does seem to have a unique ability. He seems able to convince people to vote for him on the basis that he will do, and will simultaneously not do, something.

He's a liar who lies a lot, and a lot of the stuff he promises doesn't happen. And somehow that's good for him. Case in point, mass deportations. Trump made it very clear he wants to deport everyone here illegally. And in some cases, they're U.S.-born family members. Here he is on Meet the Press. Is it your plan to deport everyone who is here illegally over the next four years? Well, I think you have to do it. And it's a very tough thing to do.

Remember the Republican National Convention this past summer? Remember the signs given to attendees? It says mass deportations now. Mass deportations now. Now, if Trump were pretty much any politician of my lifetime, say George W. Bush or something, and he said that he wanted to deport everyone here illegally, roughly 11 million people just under the population of Ohio, you'd think this politician wants to deport everyone here illegally.

And yet, this doesn't seem to apply to Trump. Because he can say he wants to deport everyone here illegally, and even give everyone who attends the RNC "mass deportation now" signs, and people just don't believe him. It seems to me that many people who support him are like this Nevada family of Latino Trump voters who spoke to MSNBC during the election. When you hear Trump promise mass deportations, do you worry about them? Yes and no. Because the ones that I know, they're doing good.

They're not breaking any laws. I believe he's going to start deporting all the bad people. These voters feel the same way about Donald Trump that I do. Namely, he is a liar who doesn't keep his promises. And he won't deport 11 million people. But that's good somehow. And a reason to vote for him. Has there ever been a political figure who benefits more from people not believing he will do the things he repeatedly promises to do? Before we go...

Here's a YouTube exclusive show I am loving this week. It's called This Fucking Guy from Hysteria, where hosts select one disaster of a person and uncover literally everything in their dark and twisted pasts. They just did a three-part series on the worst fucking guy ever, Donald Trump. And this week, they're taking on the corporate titan, the retail mogul, the man behind the mask, Jeff Bezos.

But that's not all Crooked has to offer. Tommy Vitor and Brian Tyler Cohen have a series together called Liberal Tears, where they rank everything political under the sun, and whoever loses the draft gets an appropriately humiliating punishment. It's pretty entertaining. There's tons of exclusive content waiting for you on YouTube. Check out the full lineup at crooked.com slash videos. That's all for today. If you like the show, make sure you subscribe, leave a review, please tell me what the giant drones are, and tell your friends to listen.

And if you're into reading, and not just about how if you just tell me the giant drones are not here to kill me or harvest my skeleton for weirdo alien reasons, I will handle this information with maturity and aplomb, like me. What Today is also a nightly newsletter. Check it out and subscribe at crooked.com slash subscribe. I'm Jane Koston, and what are those drone things? What Today is a production of Crooked Media. It's recorded and mixed by Desmond Taylor. Our associate producer is Raven Yamamoto. Our producer is Michelle Aloy.

We had a production help today from Tyler Hill, Johanna Case, Joseph Dutra, Greg Walters, and Julia Clare. Our senior producer is Erica Morrison, and our executive producer is Adrian Hill. Our theme music is by Colin Gilliard and Kashaka.

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