Supreme Court Lawyer On His Case That Could Swing Congress | The Beat With Ari Melber | MSNBC


>>> NOW TO A HUGE POLITICAL BATTLE IN THE SUPREME COURT WHICH COULD SWING THE NATIONAL BALANCE OF POWER TO DEMOCRATS IN AN EXCLUSIVE ON THE "THE BEAT," WE'RE ABOUT TO HEAR FROM AN ATTORNEY WHO ARGUED IN THE SUPREME COURT TODAY TAKING ON REPUBLICANS IN A CASE HE SAYS GOES TO DEMOCRACY ITSELF

THE CONTEXT FOR THIS BLOCKBUSTER CASE IS ALL ABOUT THE DEMOCRATIC DEFICIT IN AMERICA CONSIDER THAT IN MANY PLACES, MORE VOTERS PREFER THE DEMOCRATS THAT NATIONWIDE, MILLIONS MORE VOTERS BACKED CLINTON OVER TRUMP IN THE US

SENATE, DEMOCRATIC SENATORS REPRESENTED 36 MORE PEOPLE THAN REPUBLICANS YET EVEN WHEN DEMOCRATS DO WIN MORE VOTES, OFTEN IT IS THE REPUBLICAN WHO'S TAKE POWER THAT'S BECAUSE THE SYSTEM IS RIGGED BY THE RIGHT, ACCORDING TO CHALLENGERS AT THE SUPREME COURT TODAY THEY POINT TO WISCONSIN IN 2012 DEMOCRATS WON ABOUT 51% OF THE VOTE FOR THE STATE LEGISLATURE

REPUBLICAN HS 486% BUT TOOK MORE SEATS NOT BY ONE OR TWO POINTS THEY TURNED THAT 486% INTO 60% OF THE LEGISLATURE SEATS

IN COURT TODAY, PAUL SMITH ARGUED THAT KIND OF OUTCOME ISN'T JUST SHREWD POLITICS HE SAYS IT IS A POTENTIALLY ILLEGAL EFFORT TO UNDERMINE HE DEMOCRACY AND SAID, YOU ARE THE ONLY INSTITUTION IN THE PUS CAN SOLVE THIS PROBLEM JUST AS DEMOCRACY IS ABOUT TO GET WORSE BECAUSE OF THE WAY GERRYMANDERING IS GETTING SO MUCH WORSE BOTH PARTIES HAVE DRAWN ABSURD DISTRICT LINES TO RIG OUTCOMES >> NORTH CAROLINA'S 12th DISTRICT LOOKS LIKE SPILLED COFFEE PENNSYLVANIA EAST 16th IS FLEXING ITS MUSCLES

AND ONE COMMENTATOR COMPARED MARYLAND'S THIRD TO A BROKEN WINGED TEAR DAK TALL AND THEN THERE'S THIS THE EAR MUFFS >> ONE CALIFORNIA GOVERNOR WENT TO THE COURT STEPS TO CALL OUT GERRYMANDERING AND USE SOME OF HIS BEST MOVIE LINES >> IT'S THE POLITICIANS PICKING THE VOTERS RATHER THAN THE VOTERS PICKING THE POLITICIANS

IT'S TIME TO SAY AS THAT LA VIE THAT TO GERRYMANDERING AND IT IS TIME TO TERMINATE GERRYMANDERING THANK YOU VERY MUCH THANK YOU >> MANY VOTING EXPERTS AGREE WITH SCHWARZENEGGER IT'S PAST TIME FOR THE COURT TO GET TO THE CHOPPER AND TAKE ACTION

THERE ARE LEGAL REASONS WHY THE COURT HAS HELD BACK WE ALL KNOW JUDGES TRY TO AVOID WHAT THEY CONSIDER POLITICAL QUESTIONS AND TODAY'S HEARING SHOWS THAT GERRYMANDERING HAS BECOME SO BLATANT EVEN A CONSERVATIVE SUPREME COURT MAY STEP IN IN MANY STATES THE SYSTEM WOULD BOOST THE DEMOCRATS IN THE SHORT RUN BECAUSE IT WOULD RETURN VICTORY TO THE POPULAR VOTE VICTORS THAT PROSPECT ALONE WORRIED THE COURT TODAY

CHIEF JUSTICE JOHN ROBERTS SAYING IF THE COURT ISSUES A DECISION AND THE DEMOCRATS WIN, PEOPLE WILL SAY WHY DID THE DEMOCRATS WIN IT MUST BE BECAUSE THE SUPREME COURT PREFERRED THE DEMOCRATS OVER THE REPUBLICANS AND THAT'S GOING TO CAUSE SERIOUS HARM TO THE INTEGRITY OF THE DECISIONS OF THIS COURT JUSTICE ROBERTS SAID THAT IN AN EXCHANGE TODAY WITH ATTORNEY PAUL SMITH WHO ARGUED BEFORE THE COURT FOR WISCONSIN AND THEIR DEMOCRATIC CHALLENGERS VERY INTERESTING STUFF

YOU HAVE BEEN DOING THIS A LONG TIME YOU ARE THE PERSON TO TALK TO HOW DID YOU COUNTER THAT FAIR POINT THAT CHIEF JUSTICE ROBERTS MADE? >> WELL, I BASICALLY MADE THE POINT THAT WE'RE FACING A CRISIS OF DEMOCRACY AND THAT GERRYMANDERING HAS GOTTEN VERY BAD AND ABOUT TO GET AN AWFUL LOT WORSE IN THE NEXT ROUND OF REDISTRICTING AFTER THE 2020 CENSUS WITH THE TECHNOLOGY THAT'S AVAILABLE AND THE POLARIZED AND PREDICTABLE ELECTORATE YOU'RE GOING TO HAVE MORE PEOPLE FOLLOWING THE LEAD OF WISCONSIN THAT SET UP A SYSTEM THAT DECIDED BEFORE ANYBODY VOTED THAT ONE PARTY WAS GOING TO CONTROL THE ASSEMBLY FOR THE FULL TEN YEARS >> SO YOU ARGUED TO THE COURT TODAY THAT BASICALLY REPUBLICANS RIGGED WISCONSIN SO THEY WOULD WIN EVEN IF THEY LOST >> THAT'S RIGHT

>> HOW DO YOU PROVE SOMETHING LIKE THAT? >> WELL WE HAD A FULL TRIAL AND WE HAD A TON OF EVIDENCE ABOUT THE WAY THAT THIS MAP FUNCTIONED AND IT WAS NOT THAT HARD TO PROVE NP IN 2012 THEY GOT 486% OF THE VOTE, GOT 60 SEATS OUT OF 99 AND THE EVIDENCE SHOWED THAT IT WOULD TAKE WHAT THE DISTRICT COURT, THE TRIAL COURT CALLED AN UNPRECEDENTED POLITICAL EXPLOSION FOR THE DEMOCRATS TO HAVE A CHANCE TO GET OVER 50% OF THE SEATS IN THE ASSEMBLY, EVEN THOUGH WISCONSIN OF COURSE IS A VERY 50/50 STATE AND THAT'S WHY WE'VE HAD ALL KINDS OF PEOPLE COME OUT AND SUPPORT US IN THIS CASE, INCLUDING MANY REPUBLICANS, SENATOR McCAIN, SENATOR DOLE, GOVERNOR KASICH A LOT OF PEOPLE — >> AND THE TERMINATOR

>> AND THE TERMINATOR OF COURSE WHO WAS THERE ON THE STEPS WITH ME A LOT OF THESE PEOPLE, INCLUDING THE LEADERS IN THE REPUBLICAN PARTY RECOGNIZE THIS PROBLEM IS COMPLETELY OUT OF HAND, IT'S PRODUCING BAND POLITICS AND WITH THE — IF THE SUPREME COURT DOESN'T STEP IN AND FINALLY DO SOMETHING ABOUT IT, WE'RE GOING TO HAVE NOTHING THAT NO ONE CAN DO ANYTHING ABOUT IT THE POLITICIANS AREN'T GOING TO FIX IT >> TO YOUR POINT WE WON'T HAVE FAIR ELECTIONS HANG WITH ME

I WANT TO ADD INTO OUR CONVERSATION THE EXECUTIVE OF THE DNC AND HE CALLS GERRYMANDERING THE GREATEST EVIL WE FACE AS A DEMOCRACY YOUR VIEW OF THIS AND WHAT THIS COURT SHOULD DO >> I HOPE THE COURT WILL DECIDE THAT ENOUGH IS ENOUGH WITH PARTISAN GERRYMANDERING IT'S TIME TO GET RID OF IT IT'S THE REASON WHY WE CAN'T GET ANYTHING DONE RIGHT NOW

WHEN YOU THINK ABOUT SIMPLE — THE SIMPLE FUNCTIONS OF GOVERNMENT, PAVING OUR ROADS, MAKING SURE THAT CHILDREN HAVE HEALTH CARE, WE CAN'T PASS THAT BILL AND NOT OM IS THE PROBLEM HAPPENING IN WASHINGTON, DC, BUT WE'RE SEEING IT ON A LOCAL LEVEL HERE IN SOUTH CAROLINA, REPUBLICANS CONTROL THE GOVERNORSHIP AND BOTH BODIES OF THE LEGISLATURE AND IT TOOK THEM SIX OR SEVEN YEARS JUST TO PASS A ROADS BILL GERRYMANDERING HAS GOTTEN SO BAD THAT FOLKS ARE ONLY TALKING TO 20% AND 30% OF THE PEOPLE WHO LIVE IN THEIR DISTRICT AND NO ONE ELSE HAS ANY IMPACT ON THEM

AND ENOUGH IS ENOUGH WE NEED TO TAKE BACK THIS FOR THE GOOD OF OUR COUNTRY WE HAVE TO STOP HAVING THE ELECTED OFFICIALS CHOOSE THE PEOPLE WHO VOTE FOR THEM >> PAUL, IF YOU WIN, DO DEMOCRATS THEN LIKELY WIN THE CONGRESS AND WILL SOME FOLKS SEE THIS AS MORE PARTISANSHIP? >> WELL, IF WE WIN THERE WILL CERTAINLY BE A TENDENCY TO MAKE THE VOTE A LOT CLOSE NEAR THE HOUSE OF REPRESENTATIVES IT'S TRUE THAT A LARGE PART OF THE DEFICITS IN THE HOUSE IS CAUSED BY GERRYMANDERING

THERE ARE OTHER PARTS WHERE THE DEMOCRATS WILL LOSE POWER IN ALL LIKELIHOOD WE SEE THIS AS A BIPARTISAN PROBLEM AND BIPARTISAN SOLUTION PEOPLE HAVE COME OUT FROM BOTH SIDES OF THE AISLE TO TRY TO FIX

Source: Youtube


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