MSNBC The Situation - Transcript

MSNBC The Situation - Transcript
Tuesday, July 19, 2005

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CARLSON: Right. All right.

Well, speaking of the Senate, we‘re going to go now to a member of that body, Senator Kay Bailey Hutchison of Texas.

Senator, thanks a lot for joining us.

SEN. KAY BAILEY HUTCHISON (R), TEXAS: Thank you, Tucker.

CARLSON: Are you disappointed, first off, that Judge Roberts is not a woman? I think you had said that you wanted a woman to be appointed. What do you think of this?

HUTCHISON: Oh, absolutely not. I think this is a very fine appointment.

I do think diversity on the court is important. I think the president agrees with that. I think we will see down the road a woman and a Hispanic in strong contention. But I think the president has made an outstanding choice. He is so respected. He‘s clearly going to be the kind of person you want for your legacy for president of the United States.

CARLSON: Well, you had say you think down the road we will see the president submit either a Hispanic or a woman or both. Has he said that to you or to the Republican Party Caucus?

HUTCHISON: No, he hasn‘t.

But I just know that that would be what he would want to do. I think he believes that diversity on the court is a factor. But I think, at this particular time, this particular person was the best for the job. And I think he‘s unquestionably going to be confirmed. I think he will be confirmed swiftly, because I—I saw part of his last confirmation. And he‘s just—he‘s just dynamite. He really is.

CARLSON: What sort of warning, Senator, did you have about this?

When did you learn that Judge Roberts was going to be a nominee?

HUTCHISON: Really, just an hour or so ago. It was—it started coming out an hour or so ago.

CARLSON: The president indicated in his remarks that he had spoken to Senator Leahy. Did—do you think he give him the name of Judge Roberts? And what was that conversation like? Do you know?

HUTCHISON: No, I don‘t know what Senator Leahy said. But I‘m sure he did tell him that it would be Judge Roberts. And Judge Leahy is familiar with Judge Roberts, because he‘s gone through the process in the last few years.

So I hope that the Democrats will question him, as we would all expect to do, with due diligence, but I don‘t think that this is the kind of person that you could possibly filibuster, or delay, or use any kind of tactics like were mentioned just a few minutes ago on your show.

I just don‘t think that this is the kind of person you would want to do that to. I think he has just an incredible record from his boyhood days. He was a star at Harvard, and he‘s really shown the academic credentials. He‘s shown the respect in the legal community, and he‘s young.

CARLSON: Well, Senator Schumer of New York issued a statement just a couple moments ago saying that he had voted against Judge Roberts for the D.C. Circuit because Judge Roberts refused to answer a series of questions put to him by Senator Schumer and other Democrats.

Do you remember that? Do you know what those questions were?

HUTCHISON: Oh, I think it was probably some of the questions, like on Roe v. Wade, although he did answer that one, I thought, completely. There will be an effort to make Judge Roberts take positions, but he will not do that. No Supreme Court nominee ever has.

They don‘t give—they don‘t prejudge cases. They shouldn‘t. And he won‘t. And I think that will be a pretty thin kind of opposition, if Senator Schumer does that.

CARLSON: But Senator, Roe v. Wade is 32 years old. Why shouldn‘t Judge Roberts give in a pretty direct way his views on that ruling?

HUTCHISON: Well, he has said that it is the law of the land and there would be nothing in his makeup that would not allow him to adhere to that. But you don‘t know what the facts of the case are. And he is not going to prejudge the facts of the case.

I think Roe v. Wade, of course, is something that has evolved over the years, until it‘s not like the original case. It‘s something else now that is the precedent and the law of the land. But he knows that. And I think he will be clear, but I don‘t think he‘s going to prejudge.

CARLSON: All right, Senator Kay Bailey Hutchison of Texas, thanks a lot for joining us.

HUTCHISON: Thank you.

CARLSON: Appreciate it.

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