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The Dershow

Law School Day: Some SCOTUS hypotheticals to consider.

The Dershow

Alan Dershowitz | Kast Media

News, Politics

4.41.9K Ratings

🗓️ 23 September 2020

⏱️ 34 minutes

🧾️ Download transcript

Summary

I'm the professor and you're the students. Today we'll discuss some hypothetical scenarios that could occur when replacing a justice.

See omnystudio.com/listener for privacy information.

Transcript

Click on a timestamp to play from that location

0:00.0

Today is law school day. This is a law school seminar. You're the students. I'm the

0:07.6

professor and I'm going to use hypotheticals, what law students call

0:11.7

hypos. Two hypos. Number one. hypotheticals, what law students call hypos.

0:13.0

Two hypos.

0:14.0

Number one, what if the president nominates

0:16.2

a deeply, deeply religious person to the court?

0:19.7

And some of the senators believe

0:21.8

that her religious views might influence her judicial views.

0:27.2

How is it proper to ask questions about religion in the confirmation process? A very difficult and delicate question.

0:36.0

Hypothetical to, what if a justice instead of dying goes into a coma?

0:42.0

What if Justice Ginsburg had become comatose and couldn't serve

0:47.8

on the Supreme Court and remained in a coma through the entire period of the

0:52.1

election and beyond when the new president, if there is a new president, is inaugurated.

0:59.0

What happens then?

1:01.0

Those are the two hypotheticals we'll be discussing this morning on the Dersh

1:09.2

today on the Dersh show I'm going to play law professor. We're going to talk about two hypothetical situations,

1:17.0

both of which may actually occur. Number one, what if the president nominates somebody who is religious and has a

1:27.8

religion that may impact their decisions on the Supreme Court? Very delicate, very difficult issue. The second

1:36.1

hypothetical is what would happen if a justice rather than dying as tragically

1:41.6

Ruth Bader Ginsburg did, went into a coma for a long period of time, was not

1:47.6

able to resign and was unable to fulfill her duties as a justice but didn't commit an impeachable offense.

1:57.0

In law school we call these hypos, hypotheticals, and I'm going to play law professor today and go over both of those issues.

...

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