Latest / The Hugh Hewitt Show: Highly Concentrated / Supreme Court Issues Final Rulings of the Term
Transcript
- 0:00Speaker 1: Welcome to today's podcast sponsored by Hillsdale College. All Things
- 0:03Speaker 1: hillsdalet Hillsdale dot ed or I encourage you to take
- 0:06Speaker 1: advantage of the many free online courses there, and of
- 0:08Speaker 1: course I listen to the Hillsdale dialogues, all of them
- 0:11Speaker 1: at Q for Hillsdale dot com or just Google, Apple,
- 0:14Speaker 1: iTunes and Hillsdale Gas America. I'm here do it. Big
- 0:19Speaker 1: day at the Supreme Court. Three big decisions. I agree
- 0:22Speaker 1: with them all, by the way, I agree with them all.
- 0:25Speaker 1: Two authored by Justice Kavanaugh, one authored by Chief Justice Roberts.
- 0:28Speaker 1: I agree with them all. I was on Fox earlier
- 0:30Speaker 1: today Dana Perino asked for the concise view of what
- 0:34Speaker 1: was going on at the Court, and I answered, that's
- 0:37Speaker 1: cut number one.
- 0:38Speaker 2: And Hugh hewittt of course he's a has a huge
- 0:41Speaker 2: Hewitt show.
- 0:41Speaker 3: And if Fox News contributor with his reaction this morning,
- 0:44Speaker 3: good morning Hugh.
- 0:46Speaker 1: Good morning Dana. My reaction, that's my I'm not surprised
- 0:50Speaker 1: by any of these decisions. I would have agreed with
- 0:53Speaker 1: that we're I in the court with all three of them.
- 0:55Speaker 1: I think the Chief Justice has hit it out of
- 0:58Speaker 1: the park on the birthright citizenship issue and we finally
- 1:01Speaker 1: have a decision that lays to arrest this endless debate,
- 1:04Speaker 1: the tech's history and tradition. In fact, a firm if
- 1:07Speaker 1: you're born in the United States, you're a citizen. I
- 1:09Speaker 1: love Justice Kavanaugh's clarity on the Boys and Girls sports.
- 1:14Speaker 1: He simply says equal Protection clause allows states to do
- 1:17Speaker 1: what they want to do to protect women. And as
- 1:20Speaker 1: to the third case on campaign funding, Carl rob the Architect,
- 1:24Speaker 1: had it exactly right. It strengthens parties, it makes parties
- 1:27Speaker 1: much more vibrant, and so I think from my perspective,
- 1:31Speaker 1: it's three zero for the Constitution today. Now, I know
- 1:34Speaker 1: some people, as a matter of policy, as Professor Turley
- 1:37Speaker 1: just put out, would like to amend the Constitution to
- 1:40Speaker 1: change the citizenship to prevent against birthright citizenship. We can
- 1:44Speaker 1: pass a law to tighten up VISA. We can secure
- 1:47Speaker 1: the border like President Trump has done. But the Constitution
- 1:51Speaker 1: is pretty easy to understand. It was written by farmers
- 1:54Speaker 1: for farmers. I like to tell that to my con
- 1:56Speaker 1: law students every single year. There's nothing magic about this
- 1:59Speaker 1: if you just say, read the document, text, history, and tradition.
- 2:03Speaker 1: So I think it's a three to zero day for
- 2:04Speaker 1: the Supreme Court and they can go home and enjoy
- 2:06Speaker 1: their summer. Wow. And now I am being assailed online
- 2:11Speaker 1: because a lot of people feel very passionately about birthright
- 2:14Speaker 1: citizenship and alleged anchor babies and all the rest. That's
- 2:19Speaker 1: not the issue. The issues what's the fourteenth Amendment? Say?
- 2:22Speaker 1: What was the law before the Fourteenth Endment passed? What
- 2:24Speaker 1: was the laws interpreted in wonkim Ark? What has been
- 2:27Speaker 1: the unbroken president of the United States since it's founding.
- 2:32Speaker 1: It's an easy case. I'm sorry, it's always been an
- 2:34Speaker 1: easy case. A lot of people are passionate about it
- 2:37Speaker 1: because Joe Biden broke the border and there are birth
- 2:40Speaker 1: tourism scandals more than you want to know about, and
- 2:45Speaker 1: it's something that we ought to prosecute, something that we
- 2:48Speaker 1: ought to prevent to the extent of the law possible
- 2:52Speaker 1: via visa reform and via what the President has done,
- 2:55Speaker 1: which has closed the border and to port to port
- 2:57Speaker 1: deport people are here illegally. But if you're born in
- 3:00Speaker 1: the country, you're a United States citizen. It is that simple.
- 3:03Speaker 1: It's always been that simple. And I understand by the
- 3:05Speaker 1: way Justice Alito is concerned that a number of children
- 3:10Speaker 1: born to illegal aliens in the United States who become
- 3:15Speaker 1: a United States citizens may not grow up loving the
- 3:18Speaker 1: United States. They may not even grow up in the
- 3:19Speaker 1: United States. That is a problem. It's a real problem.
- 3:22Speaker 1: We have to be aware of that. We have to
- 3:24Speaker 1: be willing to act against those people. We have to
- 3:26Speaker 1: have provide for the common defense and conduct ourselves with
- 3:30Speaker 1: due concern for national security. But it doesn't change the
- 3:33Speaker 1: text of the Constitution. If you want to change the
- 3:35Speaker 1: text of the Constitution, amend it. Let's go to Jonathan Turley,
- 3:39Speaker 1: Professor Turley on Fox News Cut number eight on the
- 3:42Speaker 1: birthright decision. It is a roaring.
- 3:47Speaker 4: Decision in favor of birthright citizenship is contained within the
- 3:51Speaker 4: fourteenth Amendment. That is, despite the countervailing evidence of some
- 3:55Speaker 4: of the drafters of that amendment that they did not
- 3:58Speaker 4: want this to be something would cover birthright citizenship. Now,
- 4:03Speaker 4: having said that, there are very good arguments on both
- 4:06Speaker 4: sides here, good faith arguments, and I'm just reading through
- 4:10Speaker 4: the Roberts decision today, but it is a very comprehensive
- 4:17Speaker 4: and good faith argument. What is left here is a
- 4:20Speaker 4: decision for the country as to whether it wants to
- 4:24Speaker 4: examine a constitutional amendment. Some countries that have had birthright
- 4:29Speaker 4: citizenship got rid of it because many of us believe
- 4:32Speaker 4: it's an incredibly ill considered policy.
- 4:37Speaker 1: That might be the case. I'm not weighing in on
- 4:40Speaker 1: the policy. I'd have to look at the amendment. I
- 4:42Speaker 1: think constitutional amendments are very different. You need two thirds
- 4:45Speaker 1: of both houses to pass it in three quarters of
- 4:47Speaker 1: the state to ratify it for it to enter into effect,
- 4:50Speaker 1: very very difficult to do. Is birthright citizenship such a question?
- 4:55Speaker 1: People can certainly bring it forward. Speaker Mike Johnson gave
- 4:58Speaker 1: a press conference after the decision today cut number nine.
- 5:02Speaker 5: I think anybody who looks at this, oh dear, well, uh,
- 5:10Speaker 5: I need to read the opinion. Okay, but obviously that's
- 5:13Speaker 5: I mean, you could say that's a textualist, originalist view. However,
- 5:19Speaker 5: I do think that this has been grossly abused in
- 5:24Speaker 5: recent years, okay, And that is the case that was
- 5:27Speaker 5: being made by the plaintiffs in the case. And we're
- 5:31Speaker 5: very sympathetic to that because it is a serious problem
- 5:34Speaker 5: we have. We have you know, uh, it's become a tourism,
- 5:38Speaker 5: birthing tourism they call it, you know, a trend where
- 5:40Speaker 5: people will just come and you just come on to
- 5:42Speaker 5: the soil and have your child, and then they're they're
- 5:45Speaker 5: able to avail themselves of the welfare state and everything else.
- 5:48Speaker 5: It's it's been abused. It's one of those things that
- 5:51Speaker 5: was intended to serve a noble, important purpose and has
- 5:55Speaker 5: been thwarted and and overused and abused. And so I'm
- 5:59Speaker 5: sure that will continue to look at that. I mean,
- 6:02Speaker 5: I'm sure the conclusion from this opinion is going to
- 6:04Speaker 5: be that you've got to have a you got to amend.
- 6:06Speaker 1: The constitution to fix that.
- 6:08Speaker 5: As we all know, it's a big challenge to amend
- 6:10Speaker 5: the Constitution. It's only happened twenty seven times in our
- 6:13Speaker 5: whole nation's history. And the reason is because you've got
- 6:16Speaker 5: to have two thirds of the both chambers of Congress
- 6:18Speaker 5: and three fourths of the states to ratify. It's usually
- 6:21Speaker 5: at least a many years long process and very complicated.
- 6:25Speaker 1: We'll see.
- 6:26Speaker 5: I'm sure there's gonna be lots of discussion about that.
- 6:28Speaker 5: I will say I'm very disappointed in that outcome. I
- 6:30Speaker 5: think it subjects the country to serious challenges going forward,
- 6:33Speaker 5: and we'll have to deal with it as.
- 6:34Speaker 1: A Congress okay, So my question to the speaker and
- 6:38Speaker 1: to all the credits of the decision who are worried
- 6:41Speaker 1: about birth tourism. How many children a year are born
- 6:46Speaker 1: to birth tourist parents. They're not in the United States
- 6:50Speaker 1: as citizens. There here is tourists. They get birth to
- 6:53Speaker 1: a baby, and that child of the United States citizen.
- 6:56Speaker 1: How many of them are there? Do you have any idea?
- 6:59Speaker 1: There is an estimate, pretty good estimate made by the
- 7:01Speaker 1: United States Census. Do you know what it is. I
- 7:04Speaker 1: can tell you that there are three and a half
- 7:07Speaker 1: million children born in the United States every year. So
- 7:10Speaker 1: that's your baseline. Of those three and a half million children,
- 7:18Speaker 1: how many are born to parents who are on a
- 7:22Speaker 1: tourist visa? Twenty six thousand? All right, so we're talking
- 7:28Speaker 1: about twenty six thousand children in a year. Not a
- 7:32Speaker 1: good thing, by the way, especially if someone comes here
- 7:35Speaker 1: with the intent of having a baby for the purposes
- 7:41Speaker 1: of them assisting in their future immigration. We can pass
- 7:44Speaker 1: a law, by the way, that denies any immigration preference
- 7:48Speaker 1: to the parents of a citizen in the United States.
- 7:50Speaker 1: We can do that. We can pass a statue, or
- 7:53Speaker 1: we can pass an amendment to say they're not if
- 7:56Speaker 1: you're here on a tourist visa, you're not a citizen.
- 7:58Speaker 1: We could do that, but it's not a giant problem.
- 8:02Speaker 1: It's twenty six thousand people here, and of those twenty
- 8:05Speaker 1: six thousand, how many grow up to be what Justice
- 8:09Speaker 1: Solito talked about national security threats in his descent. I
- 8:13Speaker 1: don't know. I really don't know any I think the
- 8:19Speaker 1: reason people come here, and I know that a lot
- 8:22Speaker 1: of mainland Chinese come here and do this by a lot,
- 8:25Speaker 1: I mean less than twenty six thousand, but not more
- 8:27Speaker 1: than that. Let's say hap thirteen thousand a year. What
- 8:33Speaker 1: are thirteen thousand baby's going to do in eighteen years?
- 8:38Speaker 1: Do you think they're going to come back? Do you
- 8:39Speaker 1: know that over the Biden open border we had fifty
- 8:43Speaker 1: thousand Chinese national military age come across the border, which
- 8:48Speaker 1: is the greater problem. The fifty thousand Chinese nationals of
- 8:52Speaker 1: military age who came across it not that easy to
- 8:54Speaker 1: get out of China, by the way, not that easy.
- 8:56Speaker 1: Who walked up and across the border during the Biden years.
- 8:59Speaker 1: Do we worry about the border? Which I've been an
- 9:01Speaker 1: advocate for what we're doing right now, big strong, double
- 9:05Speaker 1: sided fence or a wall since two thousand and four,
- 9:08Speaker 1: wrote book after a book about it. I'm a border
- 9:11Speaker 1: hawk and a regularization do and that's what I am
- 9:15Speaker 1: and I've always been. It's just not that significant of
- 9:19Speaker 1: a problem. What is an important issue is how one
- 9:23Speaker 1: interprets the Constitution. I want it interpreted the way that
- 9:25Speaker 1: Breck Kavanaugh did. In the Boys and Girls Sports. There's
- 9:29Speaker 1: this enormous long descent by Justice Jackson. It's incoherent. It
- 9:34Speaker 1: really is mishmash. It's just dumb. I would argue unreadable,
- 9:40Speaker 1: except I read it. It's not coherent. What Justice Kavanaugh did.
- 9:46Speaker 1: What six justices agreed is that the Equal Protection Clause
- 9:51Speaker 1: of the United States does not forbid states from legislating
- 9:56Speaker 1: that biological boys may not play in girls sports. That
- 10:01Speaker 1: is up to the states, just like Dobbs said, it's
- 10:05Speaker 1: up to the states to decide abortion law. That's our system.
- 10:09Speaker 1: The third decision today, by the way, and I'll talk
- 10:11Speaker 1: about all three with Matt Cotton in eight hour three.
- 10:14Speaker 1: The third decision today simply reaffirms the First Amendment. Money
- 10:18Speaker 1: is speech, speeches money. If you give money to a
- 10:20Speaker 1: political party, you want to give that party the best
- 10:23Speaker 1: ability to win because you're a Republican or a Democrat,
- 10:26Speaker 1: or a or a Progressive party or a communist, and
- 10:30Speaker 1: the Court held it's up to the party to spend
- 10:32Speaker 1: that money, and we can't limit the coordination that they
- 10:35Speaker 1: make with the candidate. Good first Amendment one. Today, court
- 10:38Speaker 1: has earned its vacation and there have been no retirements
- 10:42Speaker 1: NPR notwithstanding that announced wrongly that Justice Alito had announced today.
- 10:46Speaker 1: Bad on you, NPR. A good thing. You don't have
- 10:48Speaker 1: our money anymore. Stay tuned on Visue Welcome back in America.
- 10:55Speaker 1: I'm Hugh Hewett. That music means I'm joined by David
- 10:58Speaker 1: Drucker of The Dispatch. David, I'm glad you're here because
- 11:01Speaker 1: we got to cover the most important story of the day,
- 11:04Speaker 1: the one that nobody else was talking about on talk
- 11:06Speaker 1: radio and on cable news. That is, Lebron James is
- 11:12Speaker 1: not staying with the Lakers. Are you shocked?
- 11:16Speaker 6: I'm not shocked, and I'm kind of relieved because you know,
- 11:20Speaker 6: this team as it was constituted with Lugadoncik and Austin
- 11:25Speaker 6: Reeves and Lebron, as great as he is, was not
- 11:29Speaker 6: going to beat San Antonio or Oklahoma City and contend
- 11:32Speaker 6: for a title, maybe for a Western Conference title. He
- 11:37Speaker 6: was going to contend, but it wasn't going to get
- 11:39Speaker 6: past them. And this opens up a bunch of caps face,
- 11:42Speaker 6: a bunch of money. And now let's see if Rob
- 11:43Speaker 6: Polenka can find a really good big man to pair
- 11:47Speaker 6: with the two other stars that the Lakers have, in
- 11:49Speaker 6: particular Luca who's the future of the franchise.
- 11:52Speaker 1: You see, David is the only Lakers fan I allow
- 11:54Speaker 1: on the program because I hate the Lakers, but he's
- 11:58Speaker 1: allowed to come on and state matter of Lebron. Nice
- 12:01Speaker 1: to have had you around. Next question, should he go
- 12:04Speaker 1: back to Cleveland for the veteran minimum?
- 12:08Speaker 6: Well, you know, I always like Field good stories like that.
- 12:11Speaker 6: I mean, he's a homegrown Cleveland kid. He brought them
- 12:14Speaker 6: what their first title as a franchise. Only time I
- 12:17Speaker 6: thought he played, and I thought he played by the
- 12:20Speaker 6: way though I thought his second stint in Cleveland, I
- 12:23Speaker 6: thought he played the best basketball of his career. Absolutely,
- 12:26Speaker 6: particularly that particularly that year when he won the title,
- 12:30Speaker 6: when Cleveland won the title and it was him and
- 12:32Speaker 6: Kyrie Irving. I mean, I you know, I know, Look,
- 12:36Speaker 6: Michael Jordan obviously, and then so many great players, Bird
- 12:39Speaker 6: and Magic that particular series, he willed his team to victory,
- 12:43Speaker 6: and look, I got no love loss for Cleveland other
- 12:45Speaker 6: than the football team, but the way he willed his
- 12:48Speaker 6: team to victory against Golden State, against a golden State
- 12:51Speaker 6: in its prime, was just something to behold.
- 12:54Speaker 1: That's why I don't want him to go to the Warriors,
- 12:55Speaker 1: which is the other team being talked about. Enough of sports,
- 12:58Speaker 1: let me turn to what is on political journalists mind today.
- 13:02Speaker 1: I think the Chief Justice wrote exactly the opinion that
- 13:05Speaker 1: needed to be written. I know that Justice Barrett agreed
- 13:08Speaker 1: with him. Justice Kavanaugh did not, and there are dissents
- 13:10Speaker 1: from Justice Cabanat occurred in the result for different reasons,
- 13:14Speaker 1: doesn't accept the constitutional argument, and we've got Alido Thomas
- 13:18Speaker 1: and course it's dissenting. Do you know I'm going to
- 13:22Speaker 1: play quiz with you. Do you know how many babies
- 13:24Speaker 1: are born to people on tourist visa in the United
- 13:27Speaker 1: States every year? David, I don't know. It's the twenty
- 13:31Speaker 1: six thousand out of three and a half million births
- 13:35Speaker 1: in America every year. What do you think the angst
- 13:38Speaker 1: about this is really about? Because it's not about twenty
- 13:41Speaker 1: six thousand babies born to tourists.
- 13:45Speaker 6: Well, I think, look, I'm going to you know, I'm
- 13:48Speaker 6: going to do a little hypothesizing here, but I think
- 13:50Speaker 6: a lot of this has to do with the angst
- 13:52Speaker 6: over illegal immigration and this idea that no matter what
- 13:56Speaker 6: we do, we just can't seem to have an immigration system.
- 14:00Speaker 6: Everybody has to follow the rules, and you know, I
- 14:03Speaker 6: think the angst over these particular babies that are born
- 14:08Speaker 6: every year is misplaced. We also, look, we have a
- 14:12Speaker 6: demographic birth rate problem in this country, and the fact
- 14:15Speaker 6: that immigrants tend to have more babies than native born
- 14:18Speaker 6: Americans is something we need if you want your Social
- 14:21Speaker 6: Security and Medicare to be paid for in future years.
- 14:25Speaker 1: But I think that's where it stems from. I want
- 14:28Speaker 1: to re gurgitate that in different language. People think they're
- 14:32Speaker 1: losing America. And it's not nativists, because we've always been
- 14:37Speaker 1: a welcoming country, but it's that assimilation is no longer
- 14:42Speaker 1: held up and we feel being taken advantage of by
- 14:46Speaker 1: newly arrived and that birth tourism is just another symptom
- 14:50Speaker 1: of the disease of the unassimilated. And what will happen
- 14:53Speaker 1: to America if we don't actually grow a new generation
- 14:56Speaker 1: of American and the DSA isn't helping of my uh
- 15:01Speaker 1: embrighter med Well, look.
- 15:02Speaker 6: I think I think there's I think there's something to
- 15:05Speaker 6: what you're saying, Hugh. And again though I would say
- 15:09Speaker 6: that it's misplaced if you look at the the children
- 15:13Speaker 6: born of immigrants, legal or illegal, and then their children
- 15:16Speaker 6: and their children in the era of social welfare programs
- 15:20Speaker 6: that didn't exist when my grandparents came to the United
- 15:24Speaker 6: States or were well, no, that didn't exist. Yet these
- 15:29Speaker 6: these immigrants and particularly their children do assimilate and in
- 15:34Speaker 6: successive generations become more and more American in the way
- 15:41Speaker 6: the critics of birthright citizens inship and the people who
- 15:43Speaker 6: screaming about losing our country and all of that would
- 15:47Speaker 6: want them to be. I mean, you look at Hispanic
- 15:49Speaker 6: voting patterns, you look at Hispanic language patterns, and it's
- 15:53Speaker 6: just it's just plain to see.
- 15:56Speaker 1: And even people.
- 15:57Speaker 6: That come here and take advantage of social welfare programs
- 16:00Speaker 6: because they legally can you know, they, I often say,
- 16:03Speaker 6: make the best Americans because they realize how good they
- 16:05Speaker 6: have it here, because they because of where they came from.
- 16:09Speaker 6: They came from socialist countries, they came from tyrannical countries.
- 16:12Speaker 6: They came from countries that don't have the same freedoms
- 16:14Speaker 6: as the United States, the freedoms for advancement, you know,
- 16:17Speaker 6: across classes, socioeconomic classes, and so I just think a
- 16:21Speaker 6: lot of this is misplaced. But you know, part of
- 16:23Speaker 6: it is because as a country we are politically paralyzed
- 16:27Speaker 6: when it comes to dealing with our immigration system. It
- 16:29Speaker 6: needs to be overhauled and modernized. Border security needs to
- 16:34Speaker 6: be strengthened, not just at the executive level, but legislatively,
- 16:37Speaker 6: so it can't be undone from presidency to presidency, and
- 16:41Speaker 6: I think this is part of the problem.
- 16:43Speaker 1: There is enormous peril though in my view for the
- 16:46Speaker 1: Republican Party to become nativists. I don't think it is.
- 16:49Speaker 1: I don't think many people actually hold the natives view
- 16:53Speaker 1: of throw them all out and shut the door. I
- 16:55Speaker 1: just think birthright citizenship has been a handle onto which
- 16:58Speaker 1: a lot of people who are full about the future
- 17:00Speaker 1: of the country grabbed onto. It's not even statistically significant,
- 17:04Speaker 1: it just isn't.
- 17:07Speaker 6: Yeah, No, I think you're correct, And look, Hugh, I
- 17:09Speaker 6: would just I'll just kind of make your point in
- 17:11Speaker 6: a different way. One of the reasons President Trump's numbers
- 17:15Speaker 6: with Hispanic voters were up across the board in twenty
- 17:19Speaker 6: twenty fourth because Hispanic voters, particularly those that lived near
- 17:23Speaker 6: or at the US border with Mexico, were unhappy with
- 17:26Speaker 6: the Biden administration's handling of illegal immigration and border security.
- 17:30Speaker 6: They didn't like the chaos, they didn't like how it
- 17:33Speaker 6: negatively impacted public safety. They believed, as having relatives that
- 17:37Speaker 6: it had to follow the rules, or may have to
- 17:39Speaker 6: follow the rules, that people should have to follow the rules.
- 17:42Speaker 6: And then after or after what appeared to be a
- 17:45Speaker 6: very chaotic and punitive mass deportation project by the Trump administration,
- 17:50Speaker 6: we see these numbers start to go back the other way.
- 17:53Speaker 6: And so you're correct in that just as these DSA
- 17:58Speaker 6: Democratic candidates have people looking at the Democratic Party differently,
- 18:02Speaker 6: at least in parts of the country where there appear
- 18:05Speaker 6: to be ascended, these sorts of voices on the right
- 18:08Speaker 6: could end up causing Republicans a problem long term.
- 18:11Speaker 1: Oh, they absolutely could. And my message to them if
- 18:14Speaker 1: they're listening, and please don't overreact and put the party
- 18:19Speaker 1: in the native His ditch because that's a sure way
- 18:21Speaker 1: to get the forty percent from fifty percent. In a
- 18:24Speaker 1: blink of an eye, David Dryer follow him A David
- 18:27Speaker 1: Drucker followim at David M. Drucker. I used to be
- 18:30Speaker 1: David Dryer, but he's a Lakers fan too, David M.
- 18:33Speaker 1: Drucker on x X Lakers fan now A Lebron's gone.
- 18:36Speaker 1: I'm sure stay tuned in America. I'm here you welcome back, America.
- 18:40Speaker 1: I'm here, Hewett, joined now by Bethanye Mandel, co founder
- 18:43Speaker 1: of the Moomwars dot substack dot com, and she must
- 18:46Speaker 1: be feeling pretty good today about the decision by the
- 18:50Speaker 1: Supreme Court to allow states to mandate that only boys
- 18:54Speaker 1: play boys sports and only girls playing girls sports.
- 18:57Speaker 2: What do you think of the decision, Bethany, I mean,
- 19:01Speaker 2: I think you win some, you lose some, and we
- 19:03Speaker 2: lost another really big one that impacts our kids' future
- 19:06Speaker 2: in this country. But the decision, that decision was quite good.
- 19:11Speaker 2: I really appreciated. I think it was Clarence Thomas's sort
- 19:14Speaker 2: of declaration that just because you say something is so
- 19:17Speaker 2: doesn't make it in fact. So the wording on his
- 19:20Speaker 2: opinion was fantastic and made complete logical sense, which is
- 19:25Speaker 2: something that we haven't heard enough of on this issue
- 19:27Speaker 2: for a very long time.
- 19:29Speaker 1: So I think it was a huge win for parents,
- 19:31Speaker 1: and at least for parents of athletes, and for the
- 19:35Speaker 1: women who participate in the girls who participate.
- 19:37Speaker 3: What troubles you, Oh, the birthright citizenship decision?
- 19:42Speaker 1: Oh, we disagree on this.
- 19:43Speaker 3: This decision was fantastic.
- 19:45Speaker 1: How can you know? I'm interested? You're a good faith person.
- 19:49Speaker 1: Did no one warn you that that was going to
- 19:50Speaker 1: be the result? Because that's been the law in the
- 19:52Speaker 1: United States for one hundred and ninety years.
- 19:56Speaker 2: I knew it was going to be the decision. But
- 19:58Speaker 2: it doesn't stop me from feeling disappointed. I think that
- 20:03Speaker 2: I think it's a shame. I you know, I've witnessed
- 20:05Speaker 2: a lot of birth tourism in my youth, and it's
- 20:08Speaker 2: just gotten worse. And there's now nothing preventing, you know,
- 20:13Speaker 2: scores and scores of people from all over the world
- 20:16Speaker 2: coming over here five months pregnant and staking down a
- 20:20Speaker 2: claim the same way that my children and your grandchildren
- 20:23Speaker 2: have a claim to citizenship.
- 20:24Speaker 1: But there is, and that's the visa system. I've been
- 20:27Speaker 1: making this argument for years. If you're worried about birth tourism,
- 20:30Speaker 1: which are twenty six thousand births a year out of
- 20:32Speaker 1: three point five million, then tell the State Department or
- 20:36Speaker 1: President Trump order the State Department not to issue visas
- 20:39Speaker 1: to pregnant women. Does that make sense? I think that
- 20:42Speaker 1: makes sense to me if they're.
- 20:47Speaker 3: How do we do that in practice?
- 20:48Speaker 2: Like we're not going to give everyone a pregnancy test
- 20:50Speaker 2: at the border, and if you're carrying small at five months,
- 20:54Speaker 2: you're in good shape.
- 20:56Speaker 1: I think you could do it. You can certainly ask
- 21:00Speaker 1: embassy officials to deny these are to the visibly pregnant.
- 21:04Speaker 1: Can't you do that?
- 21:06Speaker 3: You can?
- 21:07Speaker 2: I mean, but I honestly, the birth tourism is a
- 21:09Speaker 2: huge concern of mine, but as well the children of
- 21:12Speaker 2: people who overstay their visas and illegal immigrants. Once you
- 21:15Speaker 2: open that Pandora's box, the numbers become significantly larger.
- 21:19Speaker 1: Okay, next, My next question is are you sure that
- 21:23Speaker 1: the children of the illegals are going to turn out
- 21:27Speaker 1: bad for the country. I'm not. I think they're going
- 21:29Speaker 1: to turn out good for the country because we need babies.
- 21:32Speaker 1: We need a lot of babies in the United States.
- 21:35Speaker 1: We just need to educate them correctly.
- 21:38Speaker 2: Yeah, but I don't have any hope that we're doing
- 21:42Speaker 2: We're going to do that, and so I think that
- 21:45Speaker 2: the question to us should be, are we confident that
- 21:49Speaker 2: this person is going to be a net positive for
- 21:51Speaker 2: our country? And if the underlying premise of their being
- 21:54Speaker 2: here is that their parents broke our laws, I don't
- 21:57Speaker 2: know we can make that assumption.
- 21:59Speaker 1: Well, my argument is we've always made that assumption, but
- 22:04Speaker 1: that you can try and get the country to change
- 22:06Speaker 1: its mind via constitutional amendment. Do you think that would
- 22:09Speaker 1: have a prayer of passing? No, so is it worth
- 22:15Speaker 1: any effort?
- 22:18Speaker 2: I mean, I think the best thing that we can
- 22:20Speaker 2: do is try to enact the immigration laws that we
- 22:24Speaker 2: have on the books currently and get the people out
- 22:27Speaker 2: that are not supposed to be here, and close the
- 22:29Speaker 2: borders to pregnant individuals and actually enforce that. I think
- 22:33Speaker 2: that that's our best shot at and making sure that
- 22:36Speaker 2: America doesn't become like Europe, which we do agree.
- 22:39Speaker 3: To the country.
- 22:41Speaker 1: That's why the border wall matters so much. It's why
- 22:44Speaker 1: last week's decision on tps being temporary an asylum meaning
- 22:48Speaker 1: you can only claim it when you're inside of the
- 22:50Speaker 1: country not at the edge. Those were massive wins for
- 22:54Speaker 1: rational immigration policy. I also think, though, if we're a
- 22:59Speaker 1: rule of society, we can't just change it because we're worried.
- 23:02Speaker 1: And I think the Chief and Justice Barrett wrote that
- 23:05Speaker 1: now the three Liberals were always going to rule that way.
- 23:08Speaker 1: But are you surprised by Justice Corsicch or Justice Kavanaugh.
- 23:16Speaker 1: I'm not surprised by Leoah Thomas.
- 23:19Speaker 7: No.
- 23:20Speaker 2: I think everyone ruled the way that everyone kind of
- 23:22Speaker 2: expected them to. My palate's intrigue is, actually, what's going
- 23:27Speaker 2: on with the Alito thing? Did you see that that AP?
- 23:30Speaker 3: Was it AP or NPR.
- 23:32Speaker 1: Story that Nina told retiring No. I think Nina's never
- 23:36Speaker 1: been right about anything, but she's perfectly pleasant, and she
- 23:39Speaker 1: wrote a very good book about Ruth Ginsberg. And I
- 23:41Speaker 1: think her father was a fabulous violinist, So I've got
- 23:44Speaker 1: no personal extra grind with her. She jumped the gun
- 23:47Speaker 1: because she hasn't been right and ahead of his story
- 23:50Speaker 1: in thirty years. That's the problem.
- 23:52Speaker 2: Yeah, And I there was some there was some sort
- 23:56Speaker 2: of conversations of oh, did we find the leak? Or
- 23:59Speaker 2: was this a test on Alito's part to see if
- 24:01Speaker 2: he could.
- 24:01Speaker 3: Find the leaker. I love all those calus intrigue stories.
- 24:05Speaker 3: I'm here for it.
- 24:06Speaker 1: Well, he may very well have baited a trap, but
- 24:10Speaker 1: not to find the leaker. The leaker's gone. The laker
- 24:13Speaker 1: has been gone for three years. It's a clerk, and
- 24:15Speaker 1: the clerk has gone. It's not someone on the staff.
- 24:18Speaker 1: But he might have bited a trap. I don't know,
- 24:20Speaker 1: but it might not. And by the way, he might
- 24:23Speaker 1: retire tomorrow. There's no rule that you got to retire
- 24:26Speaker 1: on the end of the term. But you know what
- 24:27Speaker 1: got missed today is that the court granted shirt in
- 24:32Speaker 1: two cases to rule on the legality of banning AR fifteen.
- 24:37Speaker 1: Now that's oh, that's honey for the for the bear.
- 24:42Speaker 1: That is Alito and Thomas right, they're not gonna leave
- 24:45Speaker 1: when they're going to finally get to the AR fifteen case.
- 24:49Speaker 3: I love it.
- 24:50Speaker 2: It's funny because I used to live I still live
- 24:53Speaker 2: in a very liberal area, but the other liberal area
- 24:55Speaker 2: I used to live in tried to ban Ar's based
- 25:00Speaker 2: on how scary they look, basically, and they decided not.
- 25:04Speaker 3: To bring it to the county council.
- 25:06Speaker 2: Because I testified in front of the county the town
- 25:09Speaker 2: council whatever it was, and I was like, can you
- 25:11Speaker 2: give me a definition for what you're trying to ban?
- 25:13Speaker 3: And they were unable to do.
- 25:15Speaker 2: So, and I was like, you can't ban something that
- 25:17Speaker 2: you think looks scary, like you need to actually have
- 25:19Speaker 2: some definitions.
- 25:21Speaker 1: It's called void for vagueness, it's called void.
- 25:24Speaker 3: They couldn't.
- 25:25Speaker 1: So I want to give one more story to you.
- 25:27Speaker 1: Nadave All reports that Benjamin Detnan, who was asked today,
- 25:32Speaker 1: how did ten seven change you? And he responded with
- 25:35Speaker 1: a joke, is it I lost some weight? What do
- 25:38Speaker 1: you think that? Does that matter as much in Israel
- 25:40Speaker 1: as it does here?
- 25:43Speaker 2: I mean, I think so there's a prevailing feeling in
- 25:46Speaker 2: Israel that he did not take it seriously enough on
- 25:49Speaker 2: an interpersonal level.
- 25:50Speaker 3: He didn't tour the damage.
- 25:52Speaker 2: Kibbutz's, he didn't meet enough with the families, He didn't
- 25:55Speaker 2: sympathize enough with the families, and.
- 25:56Speaker 3: That just throws fuel on a fire.
- 25:59Speaker 2: His wife also made some comments that were pretty insensitive.
- 26:04Speaker 2: Insensitive has been how he's discussed a lot of these
- 26:08Speaker 2: issues related to October seventh, and so I imagine that
- 26:11Speaker 2: they landed just as well as many other things that
- 26:13Speaker 2: he's done in the last two If.
- 26:15Speaker 1: If is not the next Prime minister, that's a big
- 26:18Speaker 1: if because you got to get the sixty one seats.
- 26:21Speaker 1: Who is Who's going to be the next PM?
- 26:26Speaker 2: That predicting Israeli politics is among the last things I
- 26:30Speaker 2: like to do, because it is the most unpredictable, crazy
- 26:33Speaker 2: system in the world that is in deep need of reform.
- 26:36Speaker 3: And I wish them the best of luck. But I
- 26:38Speaker 3: am going to enjoy.
- 26:39Speaker 2: My constitution and my steady government over here because it
- 26:44Speaker 2: is a mess over there.
- 26:46Speaker 1: Okay, I'll rephrase the question, who would you like it
- 26:49Speaker 1: to be? If it's not Netanyahu?
- 26:52Speaker 3: I mean, I don't like any of them.
- 26:55Speaker 1: That's really, that's really with the way I want. I
- 26:58Speaker 1: love America all thanks too, Bethany Mandel always find read
- 27:04Speaker 1: the mommos dot substack dot com. Come right back in America.
- 27:08Speaker 1: Thank you, Bethany followed Bethany onex at Bethany Sean Dark.
- 27:11Speaker 1: I'll be right back. Welcome back to America. I'm here
- 27:15Speaker 1: to here. I joined now by Byron York at The
- 27:17Speaker 1: Washington Examine every Way puts out a daily newsletter. Fox
- 27:20Speaker 1: News contributor Extraordinaire Byron what's the reaction around town to
- 27:24Speaker 1: the three Supreme Court decisions today?
- 27:28Speaker 8: I think almost zero surprise. Everybody expected birthright citizenship to
- 27:35Speaker 8: go the way that it did. I think most people
- 27:39Speaker 8: certainly expected boys and girls sports to go that way.
- 27:44Speaker 8: I think maybe there was a little surprise about the
- 27:46Speaker 8: campaign finance thing, which actually makes a lot of sense
- 27:51Speaker 8: if you've ever covered campaigns and weird contortions that campaigns
- 27:58Speaker 8: get into to try to consult with their independent expenditure people,
- 28:05Speaker 8: but not consult with them. So I think there wasn't
- 28:09Speaker 8: a whole lot of surprise today.
- 28:11Speaker 1: I agree and I am happy with each of those
- 28:14Speaker 1: decisions because I agree with their reasoning. However, there's a
- 28:18Speaker 1: lot of online anger about the Chief Justice, which I
- 28:23Speaker 1: think is residual back to Obamacare to a certain extent.
- 28:26Speaker 1: But Justice Kavanaugh did not sign on, which I thought
- 28:29Speaker 1: he would, and Justice Gorsicch didn't sign on, which I
- 28:33Speaker 1: thought he would. Therefore there's more anger than I expect.
- 28:37Speaker 1: It had been seven to two, there wouldn't be any anger,
- 28:39Speaker 1: but there's anger today.
- 28:40Speaker 8: Have you seen that, you know a little bit, but
- 28:44Speaker 8: that is such inside you know, not super inside baseball,
- 28:48Speaker 8: but kind of inside baseball. So I think there was
- 28:51Speaker 8: this feeling that the Court did exactly what people thought
- 28:56Speaker 8: the Court would do. You know, I must say I
- 28:57Speaker 8: thought the one that came out yesterday about the independent
- 29:02Speaker 8: commissions and agencies was really important.
- 29:07Speaker 7: Oh.
- 29:09Speaker 8: I've really had a sense for a while that this
- 29:13Speaker 8: second Trump term has just been a huge lesson for
- 29:17Speaker 8: Washington in the meaning of Article two of the Constitution.
- 29:22Speaker 8: And because Trump has said, look, I'm the head of
- 29:25Speaker 8: the executive branch. This agency is in the executive branch.
- 29:29Speaker 8: I'm going to fire this person, I'm going to put
- 29:30Speaker 8: this person on this commission. And we're talking about more
- 29:34Speaker 8: than four hundred and eighty such so called independent commissions.
- 29:37Speaker 8: So I think that it was like a huge step
- 29:40Speaker 8: forward in common sense. And I think that you saw
- 29:44Speaker 8: the anger about it from the permanent bureaucracy. I thought
- 29:48Speaker 8: was really kind of telling. So you know, maybe it
- 29:50Speaker 8: wasn't the sexiest case that they had. I thought it
- 29:53Speaker 8: was really important.
- 29:54Speaker 1: Yeah. I want to quote the Chief Justice who wrote it,
- 29:56Speaker 1: what is left of Humphrey's executor, we overrule and that
- 30:01Speaker 1: I can't tell you how happy that made me. Because
- 30:03Speaker 1: it took two days at Tetchacon Law students otherwise bright
- 30:06Speaker 1: the difference between an independent agency and an other agency. However,
- 30:13Speaker 1: again overreaction. It applies to Democrats and Republicans. So don't
- 30:18Speaker 1: complain Republicans when a Democrat is president and they fire
- 30:22Speaker 1: all the Republicans, because that's what they're going to do,
- 30:24Speaker 1: and that's what they should do exactly.
- 30:26Speaker 8: Look, if it's in the executive branch, the president can
- 30:30Speaker 8: fire the person. Although they made this carve out, Now
- 30:32Speaker 8: you're the expert and I'm not. They made this carve
- 30:35Speaker 8: out about the FED because it has this unique history.
- 30:39Speaker 8: They said, this unique place and everything. I mean, I
- 30:41Speaker 8: feel reasonably comfortable with the carve out, but I'm not
- 30:44Speaker 8: sure logically it makes a whole lot of sense.
- 30:47Speaker 1: Well, the carve out, as I understand, is more procedural
- 30:50Speaker 1: than it is substantive. But it's actually substance disguised as
- 30:53Speaker 1: procedure because they don't want to do anything to the FED.
- 30:57Speaker 1: They don't want a new president, a populace as president,
- 31:00Speaker 1: for example, arriving and sweeping away what is it, thirteen
- 31:04Speaker 1: FED governors or fifteen FED They don't want that. And
- 31:08Speaker 1: some of them come from the private sector, and that's
- 31:10Speaker 1: the distinguishing characteristic is that it's a quasi public private thing.
- 31:15Speaker 1: But it's a very unique carve out. I mean, it's
- 31:17Speaker 1: just one agency, it's the FED, and we'll see how
- 31:21Speaker 1: that goes. But I'm very glad to have the FTC
- 31:24Speaker 1: and the FCC and every the NTSP, every other agency
- 31:29Speaker 1: now is in the executive branch. Do with it what
- 31:32Speaker 1: you can. Doesn't change rule making though, piren They still
- 31:35Speaker 1: have to go through rule making.
- 31:37Speaker 8: And to say, I mean, the anger at it is
- 31:39Speaker 8: just is just the product of decades of belief in
- 31:43Speaker 8: the permanent bureaucracy that these agencies belong to them and
- 31:48Speaker 8: that a new president couldn't come in and just have
- 31:52Speaker 8: his way with them. And he had to go through
- 31:54Speaker 8: all these soups, he had to wait for the seats
- 31:56Speaker 8: to become open and all that sort of stuff, that
- 31:58Speaker 8: he was bound by rules.
- 32:00Speaker 1: And think about it. Think about COVID in retrospect. If
- 32:04Speaker 1: if someone had wanted to fire everyone in leadership having
- 32:08Speaker 1: to do with COVID, they ought to be able to
- 32:11Speaker 1: do that. There are if you're making policy on COVID
- 32:14Speaker 1: and you got it that wrong, you ought not to
- 32:16Speaker 1: have tenure.
- 32:17Speaker 8: That's my b Yes, No, that's absolutely that's absolutely correct.
- 32:22Speaker 8: The thing is that you have these four hundred and
- 32:24Speaker 8: eighty something agentcy. Congress created them. It puts them in
- 32:28Speaker 8: the executive branch. And if the president, the President of
- 32:32Speaker 8: the United States, cannot fire somebody on one of these commissions.
- 32:35Speaker 1: Who can, No, nobody.
- 32:37Speaker 8: That's where you get to the fourth branch of government problem.
- 32:39Speaker 1: Now let's get to the campaign finance, the most opaque
- 32:43Speaker 1: and the most important. I followed Rove on Fox today
- 32:47Speaker 1: and Rob's a bulliant even though he started the NRSC
- 32:50Speaker 1: under a different name. And now the NRC is going
- 32:53Speaker 1: to go away because you can give the money the
- 32:54Speaker 1: Republican Party, which is what you should do, and you
- 32:57Speaker 1: ought to be able to coordinate with the candidate so
- 32:59Speaker 1: that the parties get stronger.
- 33:01Speaker 8: Well, you know, if you remember Senator Mitch McConnell, who
- 33:06Speaker 8: most determined opponent of John McCain and campaign finance reform,
- 33:14Speaker 8: McConnell's argument was always that the campaign finance reform law
- 33:20Speaker 8: that McCain pushed and finally got put into law was
- 33:25Speaker 8: taking away the power of the parties, It was taking
- 33:27Speaker 8: away the role of the political parties, and there was
- 33:30Speaker 8: actually no organization better to do that role than the parties,
- 33:35Speaker 8: and McCain finegeld was kind of pushing them out of
- 33:37Speaker 8: the picture. So this brings them back into the picture,
- 33:40Speaker 8: which I think is a smart thing. So it's it
- 33:42Speaker 8: really undoes one of the major tenants of McCain finegeld,
- 33:49Speaker 8: and it brings us back on time.
- 33:51Speaker 1: Actually, I always like to say Mitch McConnell saved the
- 33:54Speaker 1: Constitution by holding open the vacancy that Chester scale is
- 33:57Speaker 1: untimely death created. But he also saved the First Amendment
- 34:00Speaker 1: by litigating forever. He'll never get props because you know,
- 34:04Speaker 1: the Unit Party babblers will always rag on Mitch McConnell,
- 34:08Speaker 1: but he was a principal and boy was he He
- 34:12Speaker 1: got some a bit in his mouth and he ran
- 34:15Speaker 1: with it. He never gave up.
- 34:16Speaker 8: Yeah, absolutely, we should say on the campaigns financed one right.
- 34:22Speaker 1: Right, God bless Mitch McConnell. I'm really making my audience
- 34:25Speaker 1: mad today because I just said God bless Mitch McConnell.
- 34:28Speaker 1: And the citizenship decision was rightly decided. But that's what
- 34:31Speaker 1: happens when you have principles. Byron, that's what happens. Uh,
- 34:34Speaker 1: thank you Byron York Follo him on ex ed Byron York.
- 34:37Speaker 1: Follow me the next segment. Matt Continenty will be along
- 34:40Speaker 1: next hour to go through all three of these decisions
- 34:43Speaker 1: in depth. From the position of like Byron, a very
- 34:46Speaker 1: well informed layman. I'm just sort of a boring kan
- 34:50Speaker 1: law professor says, all of it to be expected. Stay
- 34:53Speaker 1: tuned in America, I'll be right back morning, gloried etan
- 34:55Speaker 1: Grace in America. You already know what I think about
- 34:57Speaker 1: today trio of Supreme Court decisions three for three. I'm
- 35:01Speaker 1: one hundred percent in agreement with the majorities of the Court.
- 35:05Speaker 1: But what about Matt Continetty. I have no idea what
- 35:07Speaker 1: Matt Continetty thinks about them, So we're going to go
- 35:10Speaker 1: in reverse order of controversy. Least controversial is that political
- 35:16Speaker 1: parties can spend as much as they want on candidates. Matt,
- 35:19Speaker 1: what do you think about that one?
- 35:22Speaker 9: And I think it was the right decision by the Court, Hugh.
- 35:24Speaker 9: I think it's a great victory for First Amendment rights,
- 35:28Speaker 9: the continuing undoing of the flawed Buckley decision back in
- 35:34Speaker 9: nineteen seventy four, and a victory for Senator Mitch McConnell
- 35:39Speaker 9: as he's recuperating, and I think he'll be cheered by
- 35:43Speaker 9: this decision. Is all.
- 35:46Speaker 1: Reasonable people should be. You know, I'm so glad you
- 35:49Speaker 1: brought up leader emeritis McConnell. People forget that through long,
- 35:54Speaker 1: long years after the nineteen seventy four decision in Buckley
- 35:58Speaker 1: versus Valleo. I think it's seventy four. Mitch McConnell would
- 36:01Speaker 1: hold for it against First Amendment, breaking rules in campaign
- 36:08Speaker 1: finance reform. He stood up against McCain fine gold. He
- 36:11Speaker 1: has always been a free speech guy. Not many people
- 36:14Speaker 1: remember that. They'll remember him for the no no nomination,
- 36:19Speaker 1: no votes, no justices until after the election, and they'll
- 36:23Speaker 1: remember him because Donald Trump hates him. But he's a
- 36:25Speaker 1: free speech warrior and always has been.
- 36:29Speaker 9: When you've been a senator for forty years, there's a
- 36:33Speaker 9: lot of experiences you gather, and that was really Senator
- 36:38Speaker 9: McConnell's first claim to fame was standing up for the
- 36:41Speaker 9: freedom of political speech and being a burr in the
- 36:46Speaker 9: side of his own party with McCain fine Gold and
- 36:50Speaker 9: kind of forcing the issue. So yeah, if you think
- 36:53Speaker 9: about Senator McConnell's legacy, I think standing up for the
- 36:57Speaker 9: First Amendment is up there, though doesn't quite match his
- 37:01Speaker 9: achievement in keeping the Scalia seat open in twenty sixteen
- 37:07Speaker 9: and opening up the path for this incredible originalist Supreme
- 37:12Speaker 9: Court that has been having such a major effect in
- 37:17Speaker 9: reconstitutionalizing American law.
- 37:20Speaker 1: Okay, I'm going to go out of order because you
- 37:22Speaker 1: brought it up, Matt. We have an originalist Supreme Court.
- 37:25Speaker 1: And I said on Fox News earlier today, if you're
- 37:28Speaker 1: a text, history and tradition originalist like I am, you're
- 37:31Speaker 1: very pleased with the decision on birthright citizenship because that's
- 37:35Speaker 1: been the rule of the country since the Fourteenth Amendment passed,
- 37:38Speaker 1: and before that, the common law of the country has
- 37:40Speaker 1: explained by the Chief Justice boy Er. People mad at
- 37:43Speaker 1: me for stating the originalists have to go with the
- 37:47Speaker 1: Chief Justice here. It's a political problem if you worry
- 37:51Speaker 1: about birth tourism, but it's not a constitutional issue. Do
- 37:55Speaker 1: you agree or disagree?
- 37:58Speaker 9: Well, I'm a little bit of two minds on this
- 38:01Speaker 9: que and I know people will say that that's often
- 38:03Speaker 9: the case, but I think that in a plain reading
- 38:07Speaker 9: of the Fourteenth Amendment, this was the right decision, and
- 38:10Speaker 9: it's also the simplest decision. But I'm also i have
- 38:14Speaker 9: to say, having second thoughts after reading the four different
- 38:18Speaker 9: descents by originalists. So this is a question that originalists
- 38:22Speaker 9: can disagree on. And you know what's fascinating about this
- 38:26Speaker 9: to me is I read the different dessens. Is all
- 38:29Speaker 9: of these originalists are actually arguing different things. Yes, you know,
- 38:33Speaker 9: so Kavanaugh says, Look, the executive order that Trump issued
- 38:38Speaker 9: that violated an immigration statute, it didn't actually violate the
- 38:42Speaker 9: fourteenth Amendment, and Congress can come back and rectify this situation.
- 38:47Speaker 9: Interestingly enough, that seems to be the approach that President
- 38:50Speaker 9: Trump is now recommending, based on his recent True Social post.
- 38:54Speaker 9: There you have Justice Thomas, who clearly felt passionately about
- 38:58Speaker 9: this issue. He's ninety four age descent, talking about how
- 39:02Speaker 9: the Fourteenth Amendment doesn't apply to birthright citizenship because it's
- 39:07Speaker 9: not a question of where you're born. This juice solely
- 39:11Speaker 9: the soil, the law of the soil. It's where you
- 39:14Speaker 9: are domiciled, where your home is. That's an interest. That's
- 39:18Speaker 9: a very interesting point Justice Thomas makes. Justice Alito comes
- 39:22Speaker 9: in then and goes, well, you know, it's not just domiciled,
- 39:25Speaker 9: it's allegiance are you who are you aligned with?
- 39:29Speaker 1: Who is your.
- 39:29Speaker 9: Primary allegiance to If you're a temporary visitor to the
- 39:33Speaker 9: United States, is it to.
- 39:34Speaker 1: The United States?
- 39:35Speaker 9: Probably not, And so that would mean that the birthright
- 39:38Speaker 9: citizenship can be banned. And then Gorsuch comes in kind
- 39:42Speaker 9: of as the closer, and he makes a few other
- 39:45Speaker 9: points when in agreeing with the name of Justice Thomas
- 39:48Speaker 9: Thomas's descent. So my takeaway after reading this really landmark decision,
- 39:53Speaker 9: as Justice Leto says, is this story is far from over.
- 39:58Speaker 1: Did you read the Chief Justice his opinion yet, Matt,
- 40:01Speaker 1: Were you impressed by it? Because I thought it was
- 40:02Speaker 1: all I did? I thought, yeah, I mean what he
- 40:05Speaker 1: did go out.
- 40:07Speaker 9: Chief Justice Roberts is an incredible legal writer, a brilliant man,
- 40:13Speaker 9: an institutionalist, and I think looked at this case and
- 40:16Speaker 9: he said, look, the words of the fourteenth Amendment are
- 40:19Speaker 9: pretty clear. All persons born and subject to the jurisdiction thereof.
- 40:23Speaker 9: And American law makes very few exceptions to the jurisdiction thereof.
- 40:29Speaker 9: And that's you know, if you work in a foreign embassy,
- 40:31Speaker 9: you're not subject to the jurisdiction of the United States.
- 40:34Speaker 9: That's why those un bureaucrats can collect so many parking tickets, correct,
- 40:38Speaker 9: And so I think the Justice took a plain textual
- 40:41Speaker 9: reading and said this makes the executive order unconstitutional.
- 40:47Speaker 1: And I think that that was the.
- 40:50Speaker 9: Right decision, certainly politically, but it also leaves these other
- 40:57Speaker 9: questions left unaddressed that the scenting originalist justices raise that
- 41:03Speaker 9: I think we're going to have. Not only action in
- 41:05Speaker 9: Congress will probably unsuccessful right now, but I think you
- 41:08Speaker 9: might begin to see this question of birthright citizenship play
- 41:12Speaker 9: an even greater role in Republican primaries than it has
- 41:16Speaker 9: in the past.
- 41:17Speaker 1: You know, it reminds me of the old debate Matt
- 41:19Speaker 1: before you were born about how old should you be
- 41:21Speaker 1: to vote? And there were attempts to make by statue
- 41:24Speaker 1: to change to eighteen and eventually had to amend the
- 41:26Speaker 1: constitution because the Constitution was pretty plain. The answer here is,
- 41:31Speaker 1: if you're worried about birthright citizenship, craft and amendment and
- 41:34Speaker 1: pass it. However, for those of US humbo con law teachers,
- 41:38Speaker 1: I always approached this as what's the rule before, what's
- 41:42Speaker 1: the rule today, what's the rule later? And do they
- 41:43Speaker 1: make sense? Since Wan kim Ark in the nineteenth century.
- 41:48Speaker 1: We've treated people as if you're born in the United States,
- 41:51Speaker 1: you're a citizen in the United States, and Chief Justice
- 41:53Speaker 1: Roberts depends on that all the common law. So I
- 41:56Speaker 1: always say, the Constitution is not the Oracle of Delphi.
- 41:59Speaker 1: It's written by farmers for farmers. It's not supposed to
- 42:03Speaker 1: require advanced degrees. And by God, if you're going to
- 42:06Speaker 1: pass the bar exam, up until this year and now
- 42:08Speaker 1: forever thereafter, if you're born in the United States, you're
- 42:11Speaker 1: a citizen in the United States. Don't you what I see?
- 42:14Speaker 1: And I want to attribute to you what I see.
- 42:16Speaker 1: People's reaction is great upset with the failure to control
- 42:21Speaker 1: our borders and our visas to pregnant people. And we
- 42:24Speaker 1: ought to do that, but we can't rewrite the Constitution
- 42:28Speaker 1: because of current political difficulties in the administration of the
- 42:32Speaker 1: border law.
- 42:34Speaker 9: I do think that the way to control immigration is
- 42:37Speaker 9: at the border, and President Trump has proven that in
- 42:41Speaker 9: this second term. But I think people are also angry, Hugh,
- 42:46Speaker 9: because they see the stories about birth tourism, and they
- 42:50Speaker 9: see our system and our generosity being exploited, and that
- 42:54Speaker 9: gets people angry. And there's also a lot of anger,
- 42:57Speaker 9: because this question of birthright systems citizenship gets to the
- 43:02Speaker 9: most important question really in American constitutional history, and that
- 43:05Speaker 9: is who counts, who is part of the national community,
- 43:10Speaker 9: who is a citizen? And what I found fascinating by
- 43:14Speaker 9: these opinions is Justice Roberts. Chief Justice Roberts says, Look,
- 43:18Speaker 9: it's simple, it's in the language. If you're born here,
- 43:21Speaker 9: you're a citizen.
- 43:22Speaker 1: Will stop.
- 43:24Speaker 9: But Justice Gorstach says, actually, America has a different view
- 43:29Speaker 9: in our past, and that's a settler's view of citizenship,
- 43:32Speaker 9: of making your home here. And I think that actually
- 43:36Speaker 9: is a fascinating phrase that captures the views of a
- 43:39Speaker 9: great many Americans and explains why there's such anger at
- 43:43Speaker 9: the decision and also why this story will go on.
- 43:46Speaker 1: Justice course, I can hear him say that, having interviewed
- 43:49Speaker 1: him a few times. He's got a particular approach where
- 43:53Speaker 1: he makes matter of fact arguments sound so absolutely persuasive
- 43:58Speaker 1: and often the most articulate fellow in the room. But
- 44:03Speaker 1: he's running up against two two hundred and fifty two
- 44:07Speaker 1: hundred and thirty eight years of subtle law in the
- 44:08Speaker 1: United States. If you're born here, you're a citizen here
- 44:10Speaker 1: with four exceptions that are well recognized and known in
- 44:13Speaker 1: Wan can Mark. Sometimes we overthink this. So, Matt, what
- 44:17Speaker 1: other alternative is there besides amending the constitution? We can
- 44:21Speaker 1: prohibit visas for pregnant people. We can do that. We
- 44:24Speaker 1: ought to do that actually, But what other thing beside
- 44:29Speaker 1: an amendment is there? There's not a statute, right, I mean,
- 44:34Speaker 1: we're going to see.
- 44:35Speaker 9: I think there might be some legislative action if President
- 44:37Speaker 9: Trump is demanding it as he is today. I think
- 44:41Speaker 9: ultimately what you're going to see is the fight that
- 44:44Speaker 9: works out over time within the courts. Let's not forget
- 44:46Speaker 9: that the conservative legal movement, as powerful and influential as
- 44:50Speaker 9: it is, is also a coalition and there are various voices,
- 44:55Speaker 9: and we saw that reflected in oral argument in some
- 44:58Speaker 9: of the bechiefs that were submitted in Trump Vie Barbera,
- 45:01Speaker 9: which is originalists. As you and I have been discussing,
- 45:04Speaker 9: originalists are not of one mind.
- 45:05Speaker 1: On this question.
- 45:06Speaker 9: So I actually think in future appointments, including future Supreme
- 45:10Speaker 9: Court appointments, the question of who is a citizen will
- 45:13Speaker 9: weigh heavily as presidents nominate and senators deliberate.
- 45:18Speaker 1: Matt's coming back because We've got to talk about the
- 45:21Speaker 1: one decision today that opens the door for this take
- 45:24Speaker 1: to do whatever they want to do, which is in
- 45:26Speaker 1: biological boys and girls courts Court held today act up
- 45:30Speaker 1: to the stinks to decide what to do, doesn't offend
- 45:33Speaker 1: the equal protection clause. Whatever they decide if they want
- 45:36Speaker 1: to keep boys apart from the girls. Stay tuned. Matt
- 45:39Speaker 1: will be right back. Welcome back America. Matt Cott medi
- 45:44Speaker 1: who is the Wall Street Journal editorial writer and senior
- 45:47Speaker 1: fellow at the American Enterprise Institute's back with us. Well
- 45:51Speaker 1: read in the law, though not himself a lawyer, he
- 45:53Speaker 1: likes to fashion common sense approaches to these issues. So, Matt,
- 45:59Speaker 1: when you listen to and heard the court rule on
- 46:03Speaker 1: boys and girls sports, and I'm using that as a
- 46:05Speaker 1: rubric that covers West Virginia, all the state laws out there,
- 46:09Speaker 1: and I believe they are twenty four total, what did
- 46:11Speaker 1: you make of the decision? Because to me, it was
- 46:13Speaker 1: another unremarkable common sense decision.
- 46:17Speaker 9: I think it was a great decision in West Virginia.
- 46:21Speaker 9: Theb PJ, the student, the transgender student. It was a
- 46:28Speaker 9: great decision for a couple of reasons. One is it
- 46:31Speaker 9: upholds the state's rights to decide whether biological boys should
- 46:36Speaker 9: play in girls' sports. I'm of the view that they
- 46:39Speaker 9: should not. It was the view of the West Virginia
- 46:41Speaker 9: legislature in twenty six other state legislatures, and what the
- 46:46Speaker 9: Court says is right. The states like West Virginia have
- 46:50Speaker 9: the right to say that girls' sports are for girls,
- 46:52Speaker 9: are for biological girls, and that when you look at
- 46:56Speaker 9: Title nine, a law of that. For many years conservatives
- 47:00Speaker 9: to size, but now conservatives are defending when you look
- 47:03Speaker 9: at Title nine, it's clear that the word sex refers
- 47:07Speaker 9: to biological sex. And I think that's the plain reading
- 47:10Speaker 9: of the law, and that's what makes this decision very
- 47:14Speaker 9: just a decision. I also think it's fascinating to see
- 47:17Speaker 9: that in the Descent, Justice Jackson is still trying to
- 47:21Speaker 9: figure out what a woman is, and.
- 47:23Speaker 1: So it is sent trying.
- 47:26Speaker 9: She has the bilogical, she has the identity. She's still
- 47:30Speaker 9: figuring out there in public for all of us to
- 47:34Speaker 9: work with her as.
- 47:35Speaker 1: She As we said in the last segment, there are
- 47:38Speaker 1: some descents that are worth reading. Very rarely do I
- 47:40Speaker 1: sign descents in con lack, because we've got enough stuff
- 47:43Speaker 1: to go through. But Justice Coalia dessent. It's always worth
- 47:48Speaker 1: reading a justice, of course, such a descent of Justice
- 47:50Speaker 1: Thomas descent and now Justice Toledo descent. But Justice Jackson
- 47:55Speaker 1: descent is not making it on my reading list because
- 47:57Speaker 1: for one thing, it's incoherent. Did you understand it? Did
- 48:00Speaker 1: you get the point she was making?
- 48:02Speaker 9: But if you think if you think reading the descent
- 48:04Speaker 9: is hard, try listening to them. I think last week
- 48:07Speaker 9: she read whatever descents for the bench. It went on
- 48:09Speaker 9: and on, and I think, just as Alito kind of said,
- 48:13Speaker 9: if I knew it was going to.
- 48:14Speaker 1: Go on so long, I wouldn't have been here. So, Matt,
- 48:18Speaker 1: a practical political question of prudence. Does the ending of
- 48:22Speaker 1: this court term add rocket fuel or de tract rocket
- 48:27Speaker 1: fuel from the pack the court? By the way, I
- 48:29Speaker 1: think that's unconstitutional. I don't think it can move the
- 48:31Speaker 1: Court from nine. I'm a minority view on that, but
- 48:34Speaker 1: I believe they moved it down to nine after the
- 48:36Speaker 1: fourteenth Amendment and the due process guarantees fix it there.
- 48:41Speaker 1: Both in the fifth and the fourteenth Amendment. We moved
- 48:43Speaker 1: it around between the Founding and the Country and the
- 48:46Speaker 1: reconstruction era, but it's been at nine since eighteen sixty nine.
- 48:49Speaker 1: I don't think we should change it. I think it's unconstitutional,
- 48:51Speaker 1: But does it add fuel to the fire one way
- 48:54Speaker 1: or the other? The decisions last week and this week, I.
- 48:59Speaker 9: Don't think it will add any more fuel to the
- 49:01Speaker 9: fire Hue. But I do think that the desire of
- 49:06Speaker 9: progressive activists, this new democratic socialist party that's coming into being,
- 49:12Speaker 9: to radically change our institutions, including the Supreme Court, is
- 49:16Speaker 9: not dimmed at all. What the Court does is in fact,
- 49:19Speaker 9: in some ways irrelevant to this desire on the left
- 49:24Speaker 9: to pack the court, to admit new states, to override
- 49:28Speaker 9: the filibuster, and to basically jam through an agenda most
- 49:32Speaker 9: Americans reject through sheer force and institutional capture, and so
- 49:39Speaker 9: that is going to have to be fought politically. What
- 49:41Speaker 9: the Court is doing is what I think the Roberts Court,
- 49:44Speaker 9: and especially in recent years with the six' to three,
- 49:47Speaker 9: majority has been, doing and that is protecting The constitution
- 49:51Speaker 9: according to the text and tradition of The United.
- 49:54Speaker 1: States, yeah tax testry and. TRADITION i am curious, though
- 49:58Speaker 1: If jackson doesn't hurt The. Pact the court people's argument
- 50:04Speaker 1: it's so incoherent and say so absolutely, predictable and her
- 50:10Speaker 1: reasoning is so absolutely opaque and beyond. Parsing we get
- 50:15Speaker 1: five more of her, right we get five more absolute, activists,
- 50:22Speaker 1: academic almost inscrutable. Justices if we expand in the court to.
- 50:29Speaker 1: Fourteen do you think that gives anyone?
- 50:31Speaker 9: Pause not on the, left H i, MEAN i think
- 50:36Speaker 9: it gives Many americans. PAUSE i think it will give
- 50:39Speaker 9: many independent voters pause when this question really comes to
- 50:42Speaker 9: the fore in twenty twenty, eight and that, is Most
- 50:46Speaker 9: americans are fine with the structure of The Supreme, court
- 50:50Speaker 9: as you, said nine justices that's been set in stone
- 50:53Speaker 9: for over one hundred. Years that's what we're used. To
- 50:56Speaker 9: and by the, way a decision like The West virginia
- 50:58Speaker 9: decision is eighty twenty. Issue Most americans don't believe that
- 51:04Speaker 9: biological men should play in women's. Sports so at, politically
- 51:09Speaker 9: this is an argument for continuing the structure of government
- 51:14Speaker 9: that we have and that has proven so. Successful but
- 51:17Speaker 9: for the, left they're going to try because they can't
- 51:21Speaker 9: get the results they want under the present form of,
- 51:24Speaker 9: government and therefore they're going to do everything they can
- 51:27Speaker 9: to change, it even if it means that they have
- 51:31Speaker 9: to really steamroll over public opinion and this beautiful system
- 51:37Speaker 9: of government that we're celebrating two hundred and fifty years
- 51:40Speaker 9: of On.
- 51:41Speaker 1: Saturday so last, Question matt CON i was On foxhay
- 51:45Speaker 1: giving my two cents on these, opinions and AS i,
- 51:48Speaker 1: Said i'm happy with. Them but one commentator came on and,
- 51:52Speaker 1: said this is just Cheaf Justice roberts thinking he can
- 51:56Speaker 1: protect the court institutionally and going out of his. Way
- 51:59Speaker 1: he doesn't really believe. IT i don't like it when
- 52:02Speaker 1: people read. Minds it, is in fact the practice of
- 52:05Speaker 1: justices to write down their. Arguments what do you make
- 52:07Speaker 1: about arguments that The Chief justice on birthright citizenship And
- 52:12Speaker 1: Justice Amy Goony barrett are doing political jarch. BRUSINS i
- 52:16Speaker 1: just reject that. Entirely but what do you?
- 52:19Speaker 9: THINK i, MEAN i reject it as. WELL i, MEAN
- 52:23Speaker 9: i Think Chief Justice roberts is very much concerned with
- 52:27Speaker 9: the independence of The, court but that's not. Politics it's
- 52:31Speaker 9: a larger kind of institutional. Concern Justice, barrett if, anything
- 52:35Speaker 9: is more academic and more. Theoretical she's not interested in political.
- 52:40Speaker 9: Consequences she's interested in working out her. Ideas AND i
- 52:44Speaker 9: think that it's always wrong to argue for, motivation you
- 52:48Speaker 9: want to look at the. Results you want to look
- 52:51Speaker 9: at what actually happens the. Consequences AND i think what
- 52:54Speaker 9: we have is a court who the Sixth republican appointees
- 52:59Speaker 9: all have a fidelity to The constitution to all, degree
- 53:03Speaker 9: to varying, degrees are all. Originalists but one argument for
- 53:08Speaker 9: originalism is that it doesn't lead to any prefabricated. Result
- 53:12Speaker 9: and that's why you have decisions Like trump. V, barbara
- 53:15Speaker 9: where very, intelligent well intentioned originalists can reach various.
- 53:21Speaker 1: Conclusions, Absolutely, NOW i lied very last. Question will The
- 53:27Speaker 1: democrats try and wage a boys and girls sports? Campaign
- 53:32Speaker 1: do you think they'll actually run on? That it's so,
- 53:34Speaker 1: crazy but do you think they'll run on. IT i
- 53:38Speaker 1: don't think they'll run on.
- 53:38Speaker 2: IT.
- 53:39Speaker 9: Q but what we've seen in recent weeks is that
- 53:41Speaker 9: the radical left is on the march and can't be.
- 53:43Speaker 9: Stopped and so even if The democratic political leaders and
- 53:49Speaker 9: candidates try to avoid the issue of biological men and women's,
- 53:54Speaker 9: sports the left is going to demand that they have
- 53:58Speaker 9: certain positions on the, issue is going to demand that
- 54:01Speaker 9: they say certain. Things they will hound and harass candidates
- 54:06Speaker 9: like we saw recently With Scott wiener In, california and
- 54:10Speaker 9: so The democrats are going to be tied to this
- 54:12Speaker 9: left that they found that they cannot, control and that
- 54:16Speaker 9: will likely consume. Them in the coming.
- 54:18Speaker 1: Months we shall See Matt. Continetti thank you for joining
- 54:21Speaker 1: me on an important day in the, Court follow him
- 54:23Speaker 1: On Action, continenty read him in The Law Street, Journal
- 54:26Speaker 1: Free Expression, vertical and come right back from The. Gouvillership
- 54:30Speaker 1: As america approaches it's two hundred and, fiftieth here's a,
- 54:32Speaker 1: question do we still know the words that build our?
- 54:35Speaker 1: Country i'd like to recommend a remarkable new book From
- 54:39Speaker 1: Mount Titano media Called Finding Our Words words That Made.
- 54:43Speaker 1: America this collection brings together the leaders who articulated and
- 54:47Speaker 1: drove The american. Mission their words shaped our understanding of,
- 54:51Speaker 1: liberty self, government, courage and. Citizenship these profound words have been,
- 54:56Speaker 1: neglected but no. Longer whether you're a, student, parent, teacher
- 55:00Speaker 1: you just Love american, History you'll find wisdom and inspiration
- 55:03Speaker 1: in these. Pages there's also a new audiobook edition featuring
- 55:07Speaker 1: a distinguished cast of voices that bring you these historic
- 55:09Speaker 1: species and bring them to. Life listen with the whole,
- 55:12Speaker 1: family your friends and. Family This july fourth will mean
- 55:15Speaker 1: more than ever when you read and listen to the
- 55:17Speaker 1: words that made our nation. Exceptional Visit Mount titanomedia dot
- 55:22Speaker 1: com today and get your copy Of Finding Our Words
- 55:25Speaker 1: words that Made. America That's Mount titanomedia dot. Com my,
- 55:30Speaker 1: friends you've probably seen the headlines are. Worse your latest.
- 55:33Speaker 1: Bill Meg wireless is raising rates. Again that means you
- 55:36Speaker 1: could be paying more for the same service or getting
- 55:38Speaker 1: pushed into a price your plan you simply do not.
- 55:41Speaker 1: Need that's not. Right you can switch to consumer side
- 55:44Speaker 1: of it right now and save an additional fifty dollars
- 55:46Speaker 1: when you go To consumer sailor dot com slash u
- 55:50Speaker 1: and use the promo Code hugh fifty and if you
- 55:53Speaker 1: happen to be over the age of, fifty listen to.
- 55:55Speaker 1: This you can get a single line with unlimited, talk
- 55:58Speaker 1: text and data for just thirty five dollars a. Month
- 56:02Speaker 1: remember their numbers eight hundred and four to, one one
- 56:04Speaker 1: forty four to fifty, four eight hundred four to, one
- 56:06Speaker 1: one forty four to fifty, four eight hundred four one
- 56:09Speaker 1: one forty four to fifty. Four consumer cellular ranks number
- 56:12Speaker 1: one for network coverage and for customer. Satisfaction according TO,
- 56:15Speaker 1: acsi and when you, switch you'll talk to an actual
- 56:19Speaker 1: human being base right here in The United. States no
- 56:21Speaker 1: long term, contracts no inden. Fees you can keep your
- 56:24Speaker 1: phone or choose a new. One get an additional fifty
- 56:27Speaker 1: dollars off when you switch today using promo Code hugh,
- 56:30Speaker 1: fifty and do not. Forget if you are over, fifty
- 56:33Speaker 1: you get a single line unlimited talk texting data for
- 56:37Speaker 1: thirty five dollars a. Month Visit Consumer cellular dot com
- 56:41Speaker 1: Slash hugh and use promo Code hugh fifty or call
- 56:44Speaker 1: one eight hundred four one forty four to fifty four
- 56:47Speaker 1: and use promo Code hugh. FIFTY a CLASSES i.
- 56:51Speaker 9: Now they crazy.
- 56:52Speaker 1: Teacher if you wear star glasses and things go In
- 56:55Speaker 1: welcome Back. America i'm, Here, hewett join now By lilac
- 56:58Speaker 1: she he's our man in the street as In James
- 57:00Speaker 1: ilacs dot, Com James lylek dot substoct dot. Com he's
- 57:05Speaker 1: our man in the street For Supreme court reaction And
- 57:07Speaker 1: Supreme Court. Day. James and we have three big, ones
- 57:11Speaker 1: so let's start with the biggest of, them birthright. Citizenship
- 57:15Speaker 1: so you, KNOW i think it's correctly decided on with
- 57:18Speaker 1: The Chief. Justice what say, You, well.
- 57:22Speaker 7: As you note, You i'm a long Standing Supreme court
- 57:24Speaker 7: observer in the sense THAT i have walked past the
- 57:27Speaker 7: building a few times.
- 57:28Speaker 1: And looked at.
- 57:29Speaker 7: It SO i can't tell you whether or not this
- 57:31Speaker 7: and that and this person and that person made the
- 57:33Speaker 7: right decision going back to eighteen sixty. Three BUT i
- 57:36Speaker 7: can tell you THAT i. AGREE i think this is
- 57:39Speaker 7: how it was going to. GO i didn't really see
- 57:41Speaker 7: any other, way And i'm not surprised by it at,
- 57:43Speaker 7: All and it seems to me that the rowdy for
- 57:46Speaker 7: this is just simply one of two. Things you can
- 57:49Speaker 7: either have tighter border, control which'd be, great kind of
- 57:52Speaker 7: sort of want that.
- 57:54Speaker 1: And prevent people from doing the birth tourism.
- 57:56Speaker 7: Business or you can announce perhaps that in the, future
- 57:59Speaker 7: anybody who does give birth and they're not a citizen
- 58:02Speaker 7: will be immediately air roofs to the airlifted to the
- 58:05Speaker 7: by helicopter to the roof of The liberian, embassy and
- 58:07Speaker 7: then they will be a citizen of that.
- 58:09Speaker 1: Country actually that's not. True it isn't.
- 58:11Speaker 7: Soil you can't be if you're born in the roof
- 58:13Speaker 7: of The liberian, embassy you're not A liberian, citizen but
- 58:16Speaker 7: being given up people pause so that they consider going
- 58:19Speaker 7: elsewhere for their birth.
- 58:20Speaker 1: Tourism but you, know The internet is on fire and
- 58:25Speaker 1: the bird, no, yeah believe it or. Not there's a
- 58:29Speaker 1: division of opinion on the right and they're the almost
- 58:34Speaker 1: quadrennial exercise and burn the effigy Of Chief Justice roberts.
- 58:38Speaker 1: UNDERWAY i think it's. Silly it reads just LIKE i
- 58:42Speaker 1: thought it would read the same Way i've been arguing
- 58:44Speaker 1: the case for thirty. Years why do people get so
- 58:48Speaker 1: exercised about, This, Chaine.
- 58:51Speaker 7: Well first of, all it's the internet and saying and
- 58:53Speaker 7: The internet is on flame every day like A russian oil,
- 58:56Speaker 7: refinery so that's not surprising.
- 58:57Speaker 1: Me so you have a concentrated group of.
- 59:00Speaker 7: People who are, very very tuned into this and have
- 59:02Speaker 7: to argue the. Points BUT i, mean it's one of
- 59:04Speaker 7: those things that people have been spun up for and
- 59:06Speaker 7: rightly so it's injectionable ideas to a lot of people
- 59:09Speaker 7: that people can just PLoP in here and PLoP one
- 59:11Speaker 7: out and they air, Go you're a citizen.
- 59:12Speaker 1: With all the rights and the rest of.
- 59:13Speaker 7: It but it isn't that significant, Numerically and you, know
- 59:17Speaker 7: it's because the left and the right of the same.
- 59:20Speaker 7: Way sometimes is that it's because we want something to
- 59:22Speaker 7: happen and we think it's the right thing to. Happen,
- 59:24Speaker 7: airgo that's how they should, decide regardless of what the
- 59:27Speaker 7: actual law. Is AND i prefer that they stick precisely
- 59:30Speaker 7: to what the law is and don't get outside of.
- 59:33Speaker 7: That so when originalists come to the four of, this
- 59:35Speaker 7: sometimes you're going to be. Disappointed sometimes you're going to be.
- 59:37Speaker 1: Happy all. Right, now second big case about which you
- 59:41Speaker 1: probably have no, opinion is that now political parties can
- 59:45Speaker 1: give as much money as they raise as they want
- 59:48Speaker 1: to the candidates of their. Party are you outraged or
- 59:51Speaker 1: indifferent to? This it depends which side of ME i
- 59:55Speaker 1: want to. Challenge DO i want to challenge.
- 59:57Speaker 7: My adolescent liberal socialist side and say this is the,
- 1:00:00Speaker 7: way this is absolute, nonsense this is, horror this is
- 1:00:02Speaker 7: how they buy everybody. Off or DO i want to
- 1:00:05Speaker 7: channel my, sober middle of the, road sensible conservative later
- 1:00:09Speaker 7: life stags, say of, course money is free. Speech of
- 1:00:12Speaker 7: course is you got to be able to give however
- 1:00:14Speaker 7: much they. Want and it's when the people screamed that
- 1:00:17Speaker 7: this is the way of buying our. Democracy you have
- 1:00:20Speaker 7: to ask them how many billions of dollars would have
- 1:00:22Speaker 7: taken for you to vote For Donald? Trump and they'll, say,
- 1:00:24Speaker 7: WELL i would never would have ordered For Donald. Trump
- 1:00:26Speaker 7: you know exactly the the usefulness of money in. Policy
- 1:00:31Speaker 7: we can debate the usefulness of money and politics all we,
- 1:00:33Speaker 7: want BUT i grew up constantly with nothing but PSAs
- 1:00:37Speaker 7: about this is your brain on drugs and you should
- 1:00:39Speaker 7: join the. Army and you, know my generation consisted of
- 1:00:42Speaker 7: people who did a lot of dope and didn't go
- 1:00:43Speaker 7: to the. Army so those ads didn't do any. Good
- 1:00:46Speaker 7: advertising can only do so. Much money can only do so.
- 1:00:48Speaker 7: Much and at the end of the, DAY i WOULD
- 1:00:50Speaker 7: i prefer to, say let them spend what they.
- 1:00:52Speaker 1: Want, well that is the constitutional. Way let's get to
- 1:00:56Speaker 1: the last, one boys and girls. SPORTS i Think minnesota
- 1:00:59Speaker 1: may be one of the twenty four states that have
- 1:01:02Speaker 1: not yet outlawed boys playing in girls', sports Like, maine Like.
- 1:01:06Speaker 1: California what do you think about the decision that, says
- 1:01:09Speaker 1: if they want, to they can band boys from playing
- 1:01:12Speaker 1: in girls. Sports.
- 1:01:14Speaker 7: Nothing it makes perfect, Sense and they would argue with
- 1:01:16Speaker 7: you that you're misphrasing the argument right there, here you're
- 1:01:19Speaker 7: being transphobic and saying that it's boys and girls. Sports
- 1:01:21Speaker 7: they're girls in girls, sports don't you know they've just
- 1:01:23Speaker 7: entered their gender altered their gender. Identity, no it's a
- 1:01:27Speaker 7: common sense issue and most people agree with, it and
- 1:01:29Speaker 7: good luck running against. IT i, mean they're going to
- 1:01:32Speaker 7: be people who are on the left WHO i, believe
- 1:01:34Speaker 7: ruling for, office would prefer just not to talk about
- 1:01:37Speaker 7: that anymore because they went all in on it and
- 1:01:39Speaker 7: then the public shifted on it and they're finding themselves
- 1:01:42Speaker 7: exposed and the rest of. It and on the left
- 1:01:44Speaker 7: flank they have THE dsa and the rest who are
- 1:01:46Speaker 7: eager for ideological purity on every particular. Issue you can
- 1:01:50Speaker 7: be heading off Like Scott wiener to a trans rally
- 1:01:53Speaker 7: trans shabbata with a trans, rabbi and you're still not
- 1:01:56Speaker 7: pure enough because you didn't cast a gaty as a
- 1:01:58Speaker 7: real for gods at the right time with the right.
- 1:02:00Speaker 7: Words so they don't want to run on, this but
- 1:02:04Speaker 7: they're going to have to call the, court have to
- 1:02:06Speaker 7: be called to account for it by the people in
- 1:02:08Speaker 7: their own.
- 1:02:09Speaker 1: Party it's a poppy In August, Minneapolis minnesota votes And
- 1:02:14Speaker 1: Peggy flanagan wants to be Your senate. NOMINEE i suggest
- 1:02:18Speaker 1: that she Is Scott wiener In minnesota and write about her. Politics,
- 1:02:25Speaker 1: yeah pretty much.
- 1:02:25Speaker 7: So AS i THINK i mentioned the last time she came,
- 1:02:27Speaker 7: up she's famously photographed with A t shirt that said
- 1:02:30Speaker 7: protect trans kids with a big. Knife as If i'm
- 1:02:34Speaker 7: supposed to start snapping people who are coming after someone
- 1:02:36Speaker 7: who wants to slap the puberty blockers out of the
- 1:02:39Speaker 7: hands of a twelve year, old she, will BUT i
- 1:02:42Speaker 7: don't think it is she Ani. SEMITIC i don't. KNOW
- 1:02:47Speaker 7: i wouldn't say. SO i wouldn't say, SO i wouldn't Tell.
- 1:02:50Speaker 7: Israel but AGAIN i DON'T i don't think that she's
- 1:02:54Speaker 7: going to suffer the same hits from the. LEFT i
- 1:02:56Speaker 7: don't think. THAT i Think minneapolis they're a bit More,
- 1:02:58Speaker 7: minnesota they are a bit more any about that in
- 1:03:00Speaker 7: the cities and would prefer just to usher her along
- 1:03:03Speaker 7: as quickly as. Possible she takes all the right, boxes
- 1:03:06Speaker 7: she says all the right things to, them so they're
- 1:03:07Speaker 7: probably going to be happy with.
- 1:03:09Speaker 1: Her Because i've been watching tonight there will be an
- 1:03:12Speaker 1: election In Denver diana De, guett who's been In congress Since.
- 1:03:16Speaker 1: Methuselah and she's a, liberal very very Safe, democrat vote
- 1:03:23Speaker 1: for whatever they want to. Pass and she's running against
- 1:03:26Speaker 1: a twenty nine year old radical who Makes mondami look
- 1:03:30Speaker 1: like a. Conservative who do you think is going to
- 1:03:32Speaker 1: win the? Night you don't know anything about the. RIGHT
- 1:03:34Speaker 1: i think she's going TO i think the twenty nine
- 1:03:35Speaker 1: year old's going to. Win it's entirely.
- 1:03:38Speaker 7: Possible they got all the, mojo they got the stiff
- 1:03:40Speaker 7: breeze behind. THEM i was In boston On sunday AND
- 1:03:43Speaker 7: i came out of the tea and, somebody, nice young
- 1:03:45Speaker 7: lady handed me a flyer and, said would you, like
- 1:03:47Speaker 7: are you thinking about Voting democratic? Socialists this? Novembrooks AND
- 1:03:51Speaker 7: i reacted as though she'd handed me a blater that
- 1:03:53Speaker 7: had been dipped in. Ebola AND i handed it right
- 1:03:55Speaker 7: back to her as quickly as, possible AND i, said
- 1:03:57Speaker 7: oh god, though and she smiled and said that's, okay that's,
- 1:04:00Speaker 7: Fine and well she should because she knows that the
- 1:04:03Speaker 7: young folk who have absolutely no. Experience but it's when
- 1:04:05Speaker 7: it comes to massive radical red soap, COLLECTIVISM i think
- 1:04:10Speaker 7: it's the cool thing to.
- 1:04:11Speaker 1: Do and so, yeah let.
- 1:04:14Speaker 7: Them let them seep and marinate in that for a,
- 1:04:16Speaker 7: while because it's just something they brought in entirely above.
- 1:04:21Speaker 1: Themselves, eventually prairie fires run out of. Fuel that's WHAT i.
- 1:04:25Speaker 1: Think James lylenc's follow It James lynx dot subs dot
- 1:04:29Speaker 1: dot com or at lilinc dot. Com thank, You. James
- 1:04:32Speaker 1: i'll be right backing out the