Latest / The Hugh Hewitt Show: Highly Concentrated / Bye Bye Platner, Balogun Returns, and The Smart Guys 3.0 review this SCOTUS term

Transcript

Bye Bye Platner, Balogun Returns, and The Smart Guys 3.0 review this SCOTUS term · The Hugh Hewitt Show: Highly Concentrated

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  Speaker 1: Welcome to today's podcast sponsored by Hillsdale College, All Things
• 0:03
  Speaker 1: Hillsdale Hillsdale dot ed or I encourage you to take
• 0:06
  Speaker 1: advantage of the many free online courses there, and of
• 0:08
  Speaker 1: course I'll listen to the Hillsdale Dialogue. All of them
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  Speaker 1: at q for Hillsdale dot com or just Google, Apple
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  Speaker 1: iTunes and Hillsdale Morning, Glorian Evening, Grace America. Welcome to
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  Speaker 1: the second Children fifty years of America as the Rule
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  Speaker 1: of Law and the Republic. I'm Hugh Hewitt. Great to
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  Speaker 1: be the voice of reason from the West to the East.
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  Speaker 1: Great to be with you today. Hope you had a
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  Speaker 1: wonderful two hundred and fiftieth birthday party for the country.
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  Speaker 1: We did at a fabulous time, founded by family, except
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  Speaker 1: for one who's deployed defending freedom, and while missing our
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  Speaker 1: service member, we nevertheless had a great time. I hope
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  Speaker 1: you did as well, and that those of you who
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  Speaker 1: are fireworks inclined are not burned or otherwise injured. They
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  Speaker 1: had a riot in Newport Beach, California. I don't really
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  Speaker 1: quite know what happened there, but I'll figure that out.
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  Speaker 1: I want to begin, however, on the eve of Joly
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  Speaker 1: fourth President Trump at Mount Rushmore gave a great speech,
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  Speaker 1: and then he followed up with a great speech on
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  Speaker 1: the mall. Here is President Trump on Friday night at
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  Speaker 1: Mount Rushmore, Cut number seven.
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  Speaker 2: Tonight, we come to this beautiful mountain, and it is
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  Speaker 2: beautiful to express our gratitude to those who made it possible.
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  Speaker 2: Starting with the four men most responsible for reaching this
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  Speaker 2: milestone more than any others, we salute the father of
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  Speaker 2: our country George Washington, the author of the Declaration of Independence,
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  Speaker 2: Thomas Jefferson, the great emancipator and savior of our Union,
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  Speaker 2: Abraham Lincoln, and the man who built America into a
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  Speaker 2: global superpower, Theodore Roosevelt. These are the men who declared
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  Speaker 2: the freedom, won our freedom, and saved our freedom, and
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  Speaker 2: secured our freedom. They were men of action, men of ambition,
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  Speaker 2: men of daring, men of destiny, and men of truly
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  Speaker 2: great intelligence. Above all, they were great men of history. Tonight,
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  Speaker 2: on the threshold of our twenty fifth year, we stand
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  Speaker 2: beneath the monument of these heroes, a true group of
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  Speaker 2: unbelievable people, and we rededicate ourselves to being a nation
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  Speaker 2: as big, bold, noble, and as great as these American giants,
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  Speaker 2: and that's not easy to do, but we're going to
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  Speaker 2: do it. These men could only have been made in
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  Speaker 2: the USA.
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  Speaker 1: All right. Then he went on to say cut number two.
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  Speaker 2: Yet, as we approached this magnificent anniversary, we see our
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  Speaker 2: American identity under.
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  Speaker 3: A renewed attack.
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  Speaker 2: A generation after we fought and won the Cold War
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  Speaker 2: against the menace of communism, there is now a resurgence
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  Speaker 2: of the communist menace in our land, including from newcomers
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  Speaker 2: to our country who embrace ideas totally opposed to our
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  Speaker 2: way of life and our great success. These are not
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  Speaker 2: mere political disagreements like differences over taxes or regulations. Communism
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  Speaker 2: is a mortal threat to American liberty. It is the
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  Speaker 2: greatest threat to our country including World War I, World
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  Speaker 2: War two, Pearl Harbor, or even nine to eleven.
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  Speaker 3: We're not going to let this happen to us.
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  Speaker 2: Lead me.
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  Speaker 1: We're not letting it.
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  Speaker 2: Happen because communism is the enemy of free people everywhere,
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  Speaker 2: everywhere in the world. Never works, It's the enemy of
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  Speaker 2: the Constitution above all, it's the enemy of July fourth,
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  Speaker 2: seventeen seventy six. It is the enemy. Indeed, even while
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  Speaker 2: the radicals and extremists attack our incredible history at every turn.
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  Speaker 2: They are silent on the miserable history of communism itself because.
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  Speaker 3: It never worked thousands of years.
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  Speaker 2: If you look at it under different names, under somewhat
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  Speaker 2: different ideologies and systems, that system has led to more
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  Speaker 2: death and destruction than any system ever tried. It killed
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  Speaker 2: one hundred million people just in the last century alone.
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  Speaker 2: Communism is the exact opposite of life, liberty, and the
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  Speaker 2: pursuit of happiness. It's death, tyranny, and the pursuit of evil.
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  Speaker 2: The godless communist morality states that anything has justified to
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  Speaker 2: bring about inhuman visions and.
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  Speaker 3: To really propose what's good. They don't want good.
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  Speaker 2: They don't love God, and they don't want God. They
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  Speaker 2: don't love religion and they don't want religion, and they
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  Speaker 2: won't have it. But we will not let them win.
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  Speaker 2: They have no chance against us. They have no respect
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  Speaker 2: for law, justice, principal tradition, or your God given rights.
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  Speaker 2: It's an ideology of mass theft, mass control, mass lies,
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  Speaker 2: and mass murder. Such doctrines can be given no quarter
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  Speaker 2: and democracy because the first thing they do when they
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  Speaker 2: get into powers turn around and destroy it.
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  Speaker 3: It always is destroyed.
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  Speaker 2: Just as communists have done in other countries all over
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  Speaker 2: the world, no matter where you look. Very simply, communism
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  Speaker 2: represents the worst ideas and abuses in history by the
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  Speaker 2: worst people. The American founding represents the best ideas and
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  Speaker 2: traditions in history by the best people. Like you can
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  Speaker 2: be loyal to Karl Marx, or you can be loyal
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  Speaker 2: to America. You can be a communist or you can
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  Speaker 2: be a patriot.
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  Speaker 3: You cannot be both.
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  Speaker 2: As for those who pedal Marxist lies about our heritage,
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  Speaker 2: tell our children that we live on stolen land, or
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  Speaker 2: that our heroes were oppressors, they're doing something much worse
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  Speaker 2: than slandering our past. They are slandering and attacking our future.
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  Speaker 4: Not going to let that happen.
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  Speaker 2: They're trying to tear down the great American character, to
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  Speaker 2: destroy the people who declared independence, who cross the Delaware,
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  Speaker 2: who settle the West and conquered disguise. You know who
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  Speaker 2: those people are.
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  Speaker 5: But we will.
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  Speaker 2: Never let that happen. Our American ancestors did not shed
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  Speaker 2: their blood at Concord and Trenton, Gettysburg and Shiloh, Midway
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  Speaker 2: and Normandy just so that a band of thieves radicals,
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  Speaker 2: that lunatics could come in and loot pill our nation.
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  Speaker 2: Our heroes died to win, build and to save, and
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  Speaker 2: to build truly a great country, the greatest country ever.
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  Speaker 3: In the world.
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  Speaker 2: So on the eve of this two hundred and fiftieth
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  Speaker 2: anniversary of American heritage, we're resolve and swhere for all
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  Speaker 2: to hear that the citizens of the United States of
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  Speaker 2: America will vanquish communism quickly. Don't let them take too
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  Speaker 2: much of your time. You know they're wasting your time,
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  Speaker 2: don't you. But we're not going to let them take
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  Speaker 2: too long or too much of our time as they
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  Speaker 2: play their games and send.
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  Speaker 3: Them into exile.
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  Speaker 2: We will send them quickly away, and we will continue
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  Speaker 2: to build our country bigger and better, stronger.
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  Speaker 1: Than ever before.
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  Speaker 2: America will never be a communist country.
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  Speaker 1: He's right. And by the way, he came back to
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  Speaker 1: that on the fourth of July speech, which I'll get
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  Speaker 1: you in the next segment, I think is back to back.
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  Speaker 1: Denunciation of communists has had an effect on self proclaimed communists.
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  Speaker 1: Graham Platner, the Democratic nominee in Maine for the Senate race,
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  Speaker 1: odds on Polymarket at this hour that Graham platter is
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  Speaker 1: going to drop out of the main Senate race. Have
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  Speaker 1: gone from about oh ten percent to almost forty percent,
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  Speaker 1: rumors of another scandal. I mean, how many more scandals
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  Speaker 1: do you need? I think, Jared Golden, I would not
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  Speaker 1: be surprised if this was the plan all along. Get
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  Speaker 1: Janet Mills out, she couldn't win, couldn't be schoot In Collins,
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  Speaker 1: Get Graham Platner, raise some money, stir up the left,
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  Speaker 1: and then oh we missed all that. Okay, sorry, I
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  Speaker 1: didn't know. He was sexist, homophobic, made fun of wounded veterans,
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  Speaker 1: made fun of Medal of Honor recipients, was a self
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  Speaker 1: proclaimed communist, as a domestic abuse that we didn't know
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  Speaker 1: all about that. So we're pulling his Chaine's out and
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  Speaker 1: then they're gonna try and march in Jared Golden, the
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  Speaker 1: congressman to quit. He said, I've done. I don't want
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  Speaker 1: to be a congress anymore. He's a Democrat from Maine,
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  Speaker 1: second district up north, is marine like Graham Platner. But
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  Speaker 1: no one's gonna beat Susan Collins. It's that simple. No
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  Speaker 1: one's gonna beat her, but Graham Plattner doesn't want to
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  Speaker 1: get salacked, and I doubt he can raise any money now.
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  Speaker 1: I mean every story, the domestic abuse story was the
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  Speaker 1: straw that broke the camel's back. I mean, you can
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  Speaker 1: survive one or two things. But Graham Platner last week
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  Speaker 1: was saying, no, we're getting stronger, We're gonna be fine. No, no,
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  Speaker 1: you're not. You're not getting stronger, getting worse, and you're
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  Speaker 1: gonna drag down all of Maine. Ticket you could lose
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  Speaker 1: the second congressional district, you could lose the first congressional district.
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  Speaker 1: You can. I mean, you're the face of the Democratic Party,
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  Speaker 1: not Mom, Donnie, this guy, Graham Platner. If you're watching
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  Speaker 1: on the same news channel, this guy is who they recruited.
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  Speaker 1: The communists the President talking about. And by the way,
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  Speaker 1: they call themselves socialist, they're not the Democratic socialist in
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  Speaker 1: America are communists. It's a distinction with that of difference.
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  Speaker 1: French Revolution comes along, there's some early socialists, then Marx
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  Speaker 1: comes along with Engels Communist Manifesto eighteen forty eight. Then
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  Speaker 1: we get a variety of communist parties in a variety
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  Speaker 1: of socialist parties. But communism is just socialism on low speed. Right,
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  Speaker 1: socialism is communism on well, let me put this right,
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  Speaker 1: communism and socialism on truth serum. So that's really doesn't
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  Speaker 1: matter if you call yourself a socialist or communist, you're
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  Speaker 1: head in the same direction, which is bankruptcy and tyranny.
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  Speaker 1: Stay tuned on News to It Morgan. Back in America,
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  Speaker 1: I'm Hugh hewittt as we begin our second two hundred
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  Speaker 1: and fifty years. I'm joined by Ambassador Michael orn Israel's
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  Speaker 1: former ambassador to the United States, and Dr Orrin. Let
• 11:03
  Speaker 1: me play for you what President Trump said about Iran
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  Speaker 1: at the end of one question. Today we'll go from
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  Speaker 1: their cut number nineteen, the president and the elbow this afternoon.
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  Speaker 2: Look, we're gonna win one way or the other. We're
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  Speaker 2: either going to make a deal or we're going to
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  Speaker 2: finish the job. Okay, and it won't be tough to
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  Speaker 2: finish the job. I'd rather make a deal because I
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  Speaker 2: don't want to affect ninety one million people. We can
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  Speaker 2: knock down their bridges in one hour. We can knock
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  Speaker 2: out their energy supply. All of those big plants that
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  Speaker 2: they built, big beautiful modern plants, had a lot of
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  Speaker 2: money they don't have any money. Now, we haven't given
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  Speaker 2: them any money, but we can knock out their electricity
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  Speaker 2: and power generating plants, and I would say a small
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  Speaker 2: part of an afternoon, every plan will be gone.
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  Speaker 1: And they know that. So, doctor, what do you make
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  Speaker 1: of that comment? Because I don't think the talks are
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  Speaker 1: going well. As far as I can tell, I don't.
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  Speaker 3: That they're going well either.
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  Speaker 6: Listen, you know you put a loaded gun on the table,
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  Speaker 6: you better pull the trigger. At least be ready to
• 12:06
  Speaker 6: pull the trigger, because if you don't want it actually
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  Speaker 6: makes you look weaker than if you hadn't drawn that
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  Speaker 6: pistol on the table. You know, Israel is prepared to
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  Speaker 6: go shoulder or shoulder once again with the United States
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  Speaker 6: of America in addressing a multifaceted Iranian threat. It's not
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  Speaker 6: just a nuclear, it's the bilistic, it's the support for terror.
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  Speaker 6: It's straight ed to removes. Also, you know, you can
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  Speaker 6: take your number here. Israel's ready. And tonight on the news,
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  Speaker 6: they talked about the IDF being in a state of
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  Speaker 6: actually alert from the possibility of renewed hostilities at any moment,
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  Speaker 6: including this moment. But as the President said, he's going
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  Speaker 6: to try to seek a deal. He prefers a deal.
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  Speaker 6: We would prefer a deal also, but depends on the deal,
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  Speaker 6: of course. Right If it's a deal that doesn't address
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  Speaker 6: these core issues, then we're afraid that the deal would
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  Speaker 6: actually be worse than no deal. So we have to wait.
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  Speaker 3: We have to see it and be on our guard.
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  Speaker 1: Now oil is it six K dollars and k sense
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  Speaker 1: of barrel at this very moment, And so that tells
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  Speaker 1: me action is not imminent and that special Envoys Win
• 13:06
  Speaker 1: Coffin Kushner will keep trying to tell them there's such
• 13:09
  Speaker 1: a better life for you ahead. But I just watched
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  Speaker 1: some of the tape of the Hamani funeral. These people
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  Speaker 1: are crazy. Marco Ribio said it, the President said it.
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  Speaker 1: They're lunatics. And what part of that doesn't does not
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  Speaker 1: most of America understand they when they say death to America,
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  Speaker 1: death to Israel, death to Trump, they really mean it.
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  Speaker 3: How you kind of deal with these people?
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  Speaker 6: They're calling for your assassination, uh and mass rallies one
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  Speaker 6: hundreds of thousand of people are calling for the murder of
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  Speaker 6: the President of the United States. You're your your presumptive,
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  Speaker 6: your interlocutor here that really owes well, goes well for
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  Speaker 6: peace chances, and so yeah, I don't think there's a
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  Speaker 6: great chance. Now, the question is, is President Trump dragging
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  Speaker 6: his feet until after November? And if so, are the
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  Speaker 6: Iridions that's stupid to wait until November.
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  Speaker 3: They'll probably pick a fight.
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  Speaker 6: With Trump before that and get those gas prices skyrocketing
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  Speaker 6: up again and impairing the Republican's chance of retaining of
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  Speaker 6: both Houses of Congress. A. Yeah, they're not stupid their audience. Well,
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  Speaker 6: if that's the case, you know.
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  Speaker 1: I've been calling it halftime since in the American football analogy,
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  Speaker 1: because both teams are in their locker room and this
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  Speaker 1: a deadly deadly game. However, Grand Platner is about to
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  Speaker 1: drop out of the Senate race because he got another
• 14:27
  Speaker 1: sexual assault rape allegation in Politico Polymarket has his odds
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  Speaker 1: of dropping out to forty percent. He's gotten till July thirteen,
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  Speaker 1: and they'll try and convince Jared Golden to get in there,
• 14:39
  Speaker 1: and I don't think they will, but maybe they'll get
• 14:41
  Speaker 1: him in. Either way, Susan Collins will win. When that happens.
• 14:43
  Speaker 1: The odds of the Republicans keeping the Senate go way up.
• 14:46
  Speaker 1: I think Trump becomes more force inclined at that point.
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  Speaker 1: You follow my logic. If grand Platner's out and they
• 14:53
  Speaker 1: can't win Maine, they can't really win the Senate.
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  Speaker 3: Okay, but what about the House?
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  Speaker 1: And is a given?
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  Speaker 6: And that's sort of a given.
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  Speaker 3: So here we go.
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  Speaker 6: So you know, as they say, from your lips to
• 15:07
  Speaker 6: God's zear, and again, Israel is one of the many
• 15:12
  Speaker 6: countries in the world that has a profound interest in
• 15:15
  Speaker 6: the United States. That's powerful, that's going to project power,
• 15:17
  Speaker 6: that's going to use power, not just talking about using power.
• 15:21
  Speaker 6: And if that's the case, then we will be again
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  Speaker 6: all in standing shoulder to the shoulder with the United States.
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  Speaker 1: All right, now, I have a quick question for you.
• 15:28
  Speaker 1: For three minutes of conversation, doctor Micha Laurin, your Supreme
• 15:32
  Speaker 1: Court is driving me crazy. I teach conn law, and
• 15:34
  Speaker 1: I believe in the rule a law, and I think
• 15:36
  Speaker 1: you know, every country that has a Supreme Court ought
• 15:39
  Speaker 1: to have a predictable Supreme court that moves gradually, if ever,
• 15:42
  Speaker 1: towards governing. What is up with your court?
• 15:47
  Speaker 3: Standing has been up in our court for a long time.
• 15:49
  Speaker 6: I've been long a long time advocate of judicial reform
• 15:54
  Speaker 6: in Israel, not soily theuitial reform policy of the government,
• 15:58
  Speaker 6: but certainly the need to balance and keep in mind,
• 16:02
  Speaker 6: in the United States, you have not one, but two
• 16:04
  Speaker 6: opportunities to influence the composition of your Supreme Court.
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  Speaker 3: You vote for a president, you vote for the Senate.
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  Speaker 6: We in Israel do not have that opportunity, and for
• 16:11
  Speaker 6: that reason, the composition of the Supreme Court is never
• 16:14
  Speaker 6: an electoral issue in this country. So there's a deep
• 16:17
  Speaker 6: division between the elected officials in this country and the
• 16:20
  Speaker 6: judges who overwhelmingly appoint themselves. As if the Supreme Court
• 16:24
  Speaker 6: in nineteen ninety two would report its replacements, well you'd
• 16:27
  Speaker 6: have a Supreme Court in twenty twenty six that looked
• 16:29
  Speaker 6: a lot like the Supreme Court in nineteen ninety two.
• 16:31
  Speaker 6: Well that's what we have there, a Supreme Court that
• 16:33
  Speaker 6: looks very much like the Supreme Court of the early nineties.
• 16:36
  Speaker 6: So there has to be a reform because that I
• 16:40
  Speaker 6: seriously believe, and I'm sure you believe too, in the
• 16:42
  Speaker 6: principle of judicial review, that the.
• 16:44
  Speaker 7: Supreme Court has the last word.
• 16:45
  Speaker 6: It's one of the pillars of democracy, and it's jeopardized
• 16:48
  Speaker 6: by the fact that the Supreme Court and the elected
• 16:50
  Speaker 6: body to knnesse it are so deeply divided over fundamental
• 16:56
  Speaker 6: issues of the rule of law.
• 16:58
  Speaker 1: Do you think that the Prime Minister, you know, is
• 17:01
  Speaker 1: actually happy that the Court is overreaching and that maybe
• 17:04
  Speaker 1: even happy that he's getting prosecuted and the judge in
• 17:07
  Speaker 1: that case is saying, hey, guys, this is this case
• 17:10
  Speaker 1: four thousand mixed no set. Do you think that their
• 17:13
  Speaker 1: overreach might do for net Yaho what the Democrat did
• 17:16
  Speaker 1: for Trump, which has helped him out in the election.
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  Speaker 3: Interesting, I haven't heard that.
• 17:21
  Speaker 1: Here you go, you got me on that theory.
• 17:24
  Speaker 6: It's a matter I mean, like, go ahead and pull
• 17:26
  Speaker 6: the trigger, make my day for the Supreme Court.
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  Speaker 3: I live in an area.
• 17:30
  Speaker 6: I live in an area of South tel Aviva, Jaffa,
• 17:32
  Speaker 6: which is is working class. It's it's very very traditional religious,
• 17:37
  Speaker 6: and they see the Supreme Court as a in contrast
• 17:41
  Speaker 6: to many others. Right, they see the Supreme Court as
• 17:43
  Speaker 6: the threat to democracy, not the other way around. They'll say, Okay,
• 17:47
  Speaker 6: who elected you guys, and you're overwriting the people we
• 17:50
  Speaker 6: did elect. Who's democratic, who's anti democratic?
• 17:53
  Speaker 3: There has to be a rebalancing.
• 17:54
  Speaker 6: There has to be a recalibrating the relationship between Israel' judiciary.
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  Speaker 3: And Israel's executive.
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  Speaker 6: And legislative because in this country we only have two
• 18:02
  Speaker 6: branches of government, not three, and they have to be
• 18:06
  Speaker 6: very very closely calibried.
• 18:08
  Speaker 1: We're going to watch that space because the death of
• 18:11
  Speaker 1: Justice Scullia untimely, though it was made the court an
• 18:14
  Speaker 1: issue in twenty sixteen got Donald Trump elected in the
• 18:17
  Speaker 1: first place. It was it mattered to enough people that
• 18:21
  Speaker 1: had got him elected. I wonder if you're crazy sippering
• 18:24
  Speaker 1: court isn't going to get Netnielo elected and you're crazy prosecutors.
• 18:28
  Speaker 1: More on that next week when the ambassador Orren is back. Michaelaurn,
• 18:31
  Speaker 1: thank you as always, doctor Orn. Don't go anywhere America.
• 18:34
  Speaker 1: I'll be right back on the Uan Show. Not so fast,
• 18:37
  Speaker 1: Grant Platner says, not so fast cut Number twenty.
• 18:40
  Speaker 5: I wanted to directly address the troubling, serious and false
• 18:44
  Speaker 5: allegations against me. Any accusation of non consensual behavior is
• 18:50
  Speaker 5: categorically false. Over the last ten months, I have been
• 18:54
  Speaker 5: deeply humbled by the faith maners have put in me.
• 18:58
  Speaker 3: You have welcomed me into your.
• 18:59
  Speaker 5: Homes, into your places of work, into your restaurants, and
• 19:03
  Speaker 5: to your houses of worship. You have shown that a
• 19:05
  Speaker 5: different kind of politics, one that puts the interests of
• 19:09
  Speaker 5: people over corporations, is not just possible, but is inevitable.
• 19:15
  Speaker 5: This movement we have built the largest volunteer base in
• 19:18
  Speaker 5: the history of Maine politics. The hundreds of thousands of
• 19:22
  Speaker 5: grassroots donors and the supporters across the ideological spectrum. We
• 19:27
  Speaker 5: were united in a love of Maine, a belief that
• 19:30
  Speaker 5: our politics must change, in a focus on defeating Susan Collins.
• 19:35
  Speaker 5: So regardless of the inaccuracy of the reporting, but mindful
• 19:39
  Speaker 5: the political reality it will inflict, we are taking the
• 19:42
  Speaker 5: time to reflect on the best path forward for the
• 19:45
  Speaker 5: state that I love, the people that I love, the
• 19:48
  Speaker 5: movement I belong to, and the goal of defeating Susan Collins.
• 19:52
  Speaker 5: Those were the goals and we launched this campaign, and
• 19:55
  Speaker 5: they remain my goals today. On June ninth, one hundred
• 20:00
  Speaker 5: and fifty four thousand and fifty eight manors, the most
• 20:03
  Speaker 5: in primary history, voted to reject a broken politics, beholden
• 20:08
  Speaker 5: to Washington and the donor class. They voted for hope,
• 20:13
  Speaker 5: for change, to take back our economy, to take back
• 20:17
  Speaker 5: our power and to take back our Senate seat. Throughout
• 20:21
  Speaker 5: it all, you never turned your back on me, and
• 20:24
  Speaker 5: I will not turn my back on you now. Every
• 20:27
  Speaker 5: one of you deserves to see that vision. Come to
• 20:29
  Speaker 5: Fruition and see Susan Collins defeated, and we will use
• 20:33
  Speaker 5: every tool at our disposal to do so. As man goes,
• 20:37
  Speaker 5: so goes the nation. As always, Thank.
• 20:41
  Speaker 1: You you betcha. We're taking the time to reflect. Ha
• 20:46
  Speaker 1: You'll be gone by the end of the week. Welcome
• 20:49
  Speaker 1: back in America. I'm Hugh Ewett joined my United States
• 20:51
  Speaker 1: Senator Tom Cotton, who represents Arkansas. Senator Cotton, I hope
• 20:55
  Speaker 1: you had a great semi says, couldn't centennial? Did I
• 20:57
  Speaker 1: say that right now? I hope you had a good one.
• 21:01
  Speaker 8: Happy to fifty if you I'll put it in all
• 21:03
  Speaker 8: the f all terms.
• 21:04
  Speaker 1: Yeah.
• 21:05
  Speaker 8: We had a great time down here celebrating the fourth
• 21:07
  Speaker 8: of July, the rare occasion when it's cooler in Arkansas
• 21:11
  Speaker 8: and it's cooler in Washington this time of the year.
• 21:14
  Speaker 8: It was a great celebration. Our Kansas are very grateful
• 21:17
  Speaker 8: to live in our wonderful nation, to live with the
• 21:20
  Speaker 8: legacy that was bequeathed to us by the founding fathers,
• 21:23
  Speaker 8: and we want to hand down to the next generation
• 21:25
  Speaker 8: of our Kansas.
• 21:27
  Speaker 1: Well, it was a bad weekend, it turned out for
• 21:29
  Speaker 1: communists running in Maine. Graham Platner just put out a
• 21:32
  Speaker 1: video saying he's taking a week to reflect on his
• 21:35
  Speaker 1: situation after another rape allegation has been launched against him.
• 21:40
  Speaker 1: I mean, I'm of the divided mind here. What as
• 21:43
  Speaker 1: a Republican, what do you want him to do?
• 21:48
  Speaker 5: Well?
• 21:48
  Speaker 8: Do these allegations are very serious, obviously, but let's not
• 21:54
  Speaker 8: hit ourselves about what's happening here. The Democrats were willing
• 21:58
  Speaker 8: to overlook other past misconduct, not mere allegations, but misconduct
• 22:03
  Speaker 8: that he had confirmed because they agreed with his socialist,
• 22:09
  Speaker 8: anti Semitic, anti American views. Those were a feature, not
• 22:12
  Speaker 8: a bug, Hugh. His chief sin at this point is
• 22:18
  Speaker 8: not those views, or his misconduct or new allegations. His
• 22:20
  Speaker 8: chief sin, in the eyes of the Democrats is that
• 22:23
  Speaker 8: he's losing to Susan Collins, and they're afraid that it's
• 22:26
  Speaker 8: only going to get worse. So he may drop out
• 22:30
  Speaker 8: to you in the next week before the main deadline,
• 22:32
  Speaker 8: and they'll replace him with some retread Democratic loser, and
• 22:36
  Speaker 8: that Democrat may not have a Nazi tattoo and may
• 22:39
  Speaker 8: not abused women. That Democrat will share his radical left
• 22:43
  Speaker 8: wing agenda, and that's why Susan Collins will beat whoever
• 22:46
  Speaker 8: it is they put up.
• 22:47
  Speaker 1: Do you think they're going to try and get Jared
• 22:50
  Speaker 1: Golden to come out of retirement because he won three
• 22:53
  Speaker 1: times in the second district the Maine any of a
• 22:56
  Speaker 1: vet like you are, and he's not combat like you did,
• 22:59
  Speaker 1: and not crazy, but he's also not DSA. I also
• 23:03
  Speaker 1: don't begin any money.
• 23:06
  Speaker 8: Yeah, Hugh, I mean, I don't know what the Democrats
• 23:09
  Speaker 8: are going to try to do here other than obviously
• 23:12
  Speaker 8: jettison a clear losing candidate like they did Bob Torricelli
• 23:16
  Speaker 8: back twenty four years ago, and replacing him with someone
• 23:20
  Speaker 8: who can win. For Jared Golden, one, I know that
• 23:24
  Speaker 8: he and Susan Collins were personally close and had a
• 23:27
  Speaker 8: positive work in relationship. He may have even worked for
• 23:30
  Speaker 8: her at one point, and I believe he said in
• 23:33
  Speaker 8: the pass he wouldn't run against her. But second, more
• 23:35
  Speaker 8: importantly is as you say to you, that Jared Golden
• 23:38
  Speaker 8: just does not touch what animates and motivates and excites
• 23:43
  Speaker 8: the Democratic base and increasingly the Democratic establishment these days.
• 23:48
  Speaker 8: So I think if Chuck Schumer and the Democratic establishment
• 23:52
  Speaker 8: tried to install Jared Golden, they're frankly, someone like Jared
• 23:55
  Speaker 8: Golden in that position, it would probably ignite a civil
• 24:00
  Speaker 8: war within the Democratic Party. So again, I expect they'll
• 24:03
  Speaker 8: get some retread loser who's Susan Collins, is beaten in
• 24:06
  Speaker 8: the past, or who couldn't win higher office, but is
• 24:10
  Speaker 8: willing to cow tell to the radical left because that
• 24:13
  Speaker 8: is what animates and motivates and drives their party, the
• 24:16
  Speaker 8: Bernie Sanders, Zora Mamdani wing of the party.
• 24:19
  Speaker 1: Now you've got John Ossoff and Shared Brown who are
• 24:22
  Speaker 1: hard left people, and Shared Brown is looking a little
• 24:25
  Speaker 1: long of the tooth in some of the videos I've
• 24:27
  Speaker 1: seen coming out of Ohio. I think he might have
• 24:28
  Speaker 1: a Joe Biden problem. But you've also got Al Sayed,
• 24:32
  Speaker 1: one of the Democrats dropped out up there. You've got
• 24:35
  Speaker 1: Flann again up in Minnesota there, and then you've got
• 24:37
  Speaker 1: a half dozen Democratic nominees who are not yet congressmen,
• 24:42
  Speaker 1: who are to the left of Rashida to leave in
• 24:44
  Speaker 1: AOC what's happening to their party?
• 24:49
  Speaker 8: Well, Hugh, the radical left has taken over the Democratic Party.
• 24:52
  Speaker 8: These are these are not mere liberal These are not
• 24:54
  Speaker 8: people who just want to raise your taxes a little
• 24:56
  Speaker 8: bit more or you know, implement more gun control laws.
• 25:01
  Speaker 8: These are open and avowed socialist communists. Really, And I
• 25:05
  Speaker 8: hear some people say, some Democrats and some reporters that
• 25:09
  Speaker 8: I repeat myself trying to excuse these victories in places
• 25:13
  Speaker 8: like New Jersey and New York and Denver. Well, those
• 25:16
  Speaker 8: are deep blue districts. They're like B plus seventy only
• 25:21
  Speaker 8: far left wingers. Are we going to win the primaries there?
• 25:24
  Speaker 8: Don't believe that. You look at what happened, has happened,
• 25:27
  Speaker 8: or is happening in their statewide primaries. Graham Plattner was
• 25:31
  Speaker 8: so strongly appealed to the primary electric in Maine that
• 25:36
  Speaker 8: he drove a sitting governor out of the primary before
• 25:39
  Speaker 8: it even happened. As you mentioned, in Michigan, abdiel elsa
• 25:42
  Speaker 8: ed who's been endorsed by Bernie Sanders, has a strong
• 25:45
  Speaker 8: lead in the polls. You see the same thing happening
• 25:48
  Speaker 8: in the Wisconsin governor's race and the Minnesota Senate race.
• 25:51
  Speaker 8: So it's not just you know, far left wing and
• 25:54
  Speaker 8: Russian districts. This is happening statewide in states that are
• 25:58
  Speaker 8: not deep blue, that frankly kind of swing states in
• 26:01
  Speaker 8: many cases like Maine, like Michigan, like Wisconsin. This is
• 26:05
  Speaker 8: a takeover of the Democratic Party by the radical left,
• 26:08
  Speaker 8: by socialists and communists, and supposed moderates are simply standing
• 26:13
  Speaker 8: by and letting it happen or facilitating it. And don't
• 26:16
  Speaker 8: believe that, Hugh, that it's like, oh, this is just happening.
• 26:19
  Speaker 5: Now.
• 26:19
  Speaker 8: Remember, back in the early days of her time in Congress,
• 26:23
  Speaker 8: elon Omar said some one of her many anti Semitic things,
• 26:27
  Speaker 8: and Nancy Pelosi, the warhorse of the Democratic Party, couldn't
• 26:32
  Speaker 8: even bring herself to introduce the resolution to condemn it.
• 26:35
  Speaker 8: She watered it down to something like all forms of
• 26:37
  Speaker 8: paid or whatever.
• 26:40
  Speaker 1: She I agree, it's a feature now, it's not a bug.
• 26:44
  Speaker 1: I do want to play for you. President Trump in
• 26:45
  Speaker 1: the Oval Office this afternoon, talking about the negotiations with Iran,
• 26:49
  Speaker 1: cut number nineteen percentat of cotton. Look, we're going to
• 26:52
  Speaker 1: win one way or the other.
• 26:54
  Speaker 2: We are you going to make a deal. We're going
• 26:55
  Speaker 2: to finish the job, okay, and it won't be tough
• 26:58
  Speaker 2: to finish the job. I'd rather make a deal because
• 27:02
  Speaker 2: I don't want to affect ninety one million people. We
• 27:05
  Speaker 2: can knock down their bridges in one hour. We can
• 27:08
  Speaker 2: knock out their energy supply, all of those big plants
• 27:12
  Speaker 2: that they built, big beautiful modern plants. They had a
• 27:15
  Speaker 2: lot of money. They don't have any money now. We
• 27:18
  Speaker 2: haven't given them any money. But we can knock out
• 27:21
  Speaker 2: there electricity and power generating plants. And I would say
• 27:27
  Speaker 2: a small part of an afternoon, every plan was better.
• 27:30
  Speaker 1: Cotton oils at sixty eight dollars and sixty eight cents.
• 27:33
  Speaker 1: It dropped today. There Apparently the markets don't believe we're
• 27:37
  Speaker 1: on the verge of going back to where they're own.
• 27:38
  Speaker 1: But a million people were in the streets for the
• 27:40
  Speaker 1: Hamani funeral and they were chowing death to America, debt
• 27:43
  Speaker 1: to Trump, death Israel. Can we really negotiate with these people?
• 27:49
  Speaker 8: I personally am very skeptical that Iran's leaders are ever
• 27:52
  Speaker 8: going to make a deal. More so than ever, they're
• 27:55
  Speaker 8: no longer cloaked in at least the false mantle of
• 27:58
  Speaker 8: religious legitimacy the way they were until we killed the
• 28:02
  Speaker 8: Supreme leader back in March. Now they're just anti American revolutionaries,
• 28:07
  Speaker 8: pure and simple. The Revolutionary Guard Coore say, is it
• 28:09
  Speaker 8: right there in the name. But we have weakened them
• 28:13
  Speaker 8: worse than they've ever been weekend since nineteen seventy nine,
• 28:17
  Speaker 8: between killing Possum Sulimani and twenty twenty, whom they've never replaced,
• 28:22
  Speaker 8: and Midnight Hammer, which destored their nuclear facilities last summer,
• 28:25
  Speaker 8: and now Epic Fury, which severely degraded most of their
• 28:28
  Speaker 8: military power. Ran is less threatening that ever has been.
• 28:32
  Speaker 8: It's still a threatening though few. And that's what the president.
• 28:34
  Speaker 8: The point the President is making is that he's not
• 28:36
  Speaker 8: going to make a bad and final deal with Iran,
• 28:39
  Speaker 8: no matter what you think of the interim ceasefire, to
• 28:43
  Speaker 8: allow for the negotiations that would allow, for instance, to
• 28:46
  Speaker 8: run to reconstitute this nuclear program, allow Ron to claim
• 28:50
  Speaker 8: control over the straight or four moves. That's one of
• 28:53
  Speaker 8: the things that Donald Trump has been most consistent about,
• 28:55
  Speaker 8: not just since he's been president, but in his public
• 28:58
  Speaker 8: life going back forty years, is about the minutes that
• 29:00
  Speaker 8: are on poses to our nation.
• 29:02
  Speaker 1: I think that's going away, and we'll keep checking in
• 29:04
  Speaker 1: with you on that and enjoy the rest of the
• 29:07
  Speaker 1: July fourth break Center. Thank you for taking time to
• 29:09
  Speaker 1: talk with us about Graham, Flattener and Iran. I appreciate
• 29:12
  Speaker 1: that very much. Don't go anywhere, America. I'll be right
• 29:14
  Speaker 1: back on think you hew It. Welcome back in America.
• 29:17
  Speaker 1: I'm Hugh Hewett, joined by America's Calmist, Selena Zito, President
• 29:21
  Speaker 1: Trump's favorite calmnist. I'm not sure where she spent the
• 29:24
  Speaker 1: two hundred and fiftieth Selena, welcome. How did your semi
• 29:28
  Speaker 1: Sisquintennial go?
• 29:30
  Speaker 4: It was awesome.
• 29:31
  Speaker 9: I spent it with my family. There is a farm
• 29:34
  Speaker 9: a couple houses up for me. We had big old
• 29:38
  Speaker 9: fireworks cookout.
• 29:40
  Speaker 10: Ah.
• 29:40
  Speaker 9: There were probably like forty kids from the neighborhood there.
• 29:44
  Speaker 4: They all saying.
• 29:45
  Speaker 9: Happy we have a cake for the president and I
• 29:47
  Speaker 9: mean for the country. Were saying happy Birthday to America.
• 29:52
  Speaker 9: And it was a blast.
• 29:55
  Speaker 4: It was absolutely everything that you would have wanted to be.
• 29:59
  Speaker 1: Did you have fireworks galore? Even though they're illegal in
• 30:02
  Speaker 1: most parts of the country that I live in?
• 30:06
  Speaker 4: Oh?
• 30:06
  Speaker 9: Well, yeah, no, I mean I'm I'm in Pennsylvania.
• 30:09
  Speaker 4: We're a bunch of hillbillies. We have fireworks everywhere.
• 30:14
  Speaker 7: And it was great.
• 30:17
  Speaker 1: Okay, tell people how the Pennsylvania exhibit turned out. Because
• 30:21
  Speaker 1: you were thrown together with duct tape and yarn and
• 30:25
  Speaker 1: a little bit of Scotch tape and some plastic straws.
• 30:28
  Speaker 1: You got a boot together, didn't you. Down on the mall.
• 30:31
  Speaker 9: It was really remarkable what happened while Senators Fetterman and
• 30:37
  Speaker 9: McCormick really came together and said.
• 30:41
  Speaker 4: We've got to fix this, I think, and so the
• 30:44
  Speaker 4: Chamber of Commerce.
• 30:46
  Speaker 9: But but what was but what is the really remarkable
• 30:49
  Speaker 9: story of that moment is.
• 30:51
  Speaker 4: What the people in the state did.
• 30:54
  Speaker 9: They came down by the hundreds to volunteer to man it.
• 30:58
  Speaker 4: The small businesses across the state.
• 31:01
  Speaker 9: Not her sees, by the way, but small businesses across
• 31:06
  Speaker 9: the state donated everything. US Deal donated this super cold
• 31:10
  Speaker 9: penny presser. US Pretzels had their pretzels and potato chips.
• 31:16
  Speaker 3: There.
• 31:17
  Speaker 4: There was candy from.
• 31:18
  Speaker 9: Smaller manufacturers and it was really remarkable to see how
• 31:23
  Speaker 9: people stepped up. And I think that's the really important
• 31:27
  Speaker 9: story because they.
• 31:28
  Speaker 4: Thought this was not a moment for this state to
• 31:31
  Speaker 4: be absent.
• 31:34
  Speaker 1: John Fetnerman put on a suit and a tie. I
• 31:36
  Speaker 1: saw that picture. Yeah, okay, he's totally committed that when
• 31:41
  Speaker 1: he puts on a certain time. Did you talk to
• 31:43
  Speaker 1: him about that decision, because that's unusual.
• 31:46
  Speaker 9: Oh yeah, Well, you know, I don't think people realize this.
• 31:49
  Speaker 9: If anybody knows the history of George Washington and western Pennsylvania.
• 31:54
  Speaker 9: By the way, I highly recommend you go see young Washington.
• 31:58
  Speaker 4: I know you probably didn't like half it was in Pennsylvania.
• 32:01
  Speaker 9: But you know she lives right where Braddock fell, right
• 32:08
  Speaker 9: where Braddock was mortally wounded.
• 32:11
  Speaker 4: So he is all in on this two point fifty.
• 32:15
  Speaker 1: Now Braddock, we got to inform the Steelers fans. That's
• 32:19
  Speaker 1: the British general that George Washington served under in the
• 32:22
  Speaker 1: French and Indian War. So Bradick got killed. What was
• 32:25
  Speaker 1: the name of the fort I can't remember. It's like
• 32:28
  Speaker 1: it's loosely based on Lasla Mohicans.
• 32:32
  Speaker 9: Yeah, General Braddock fell, I mean George Washington.
• 32:37
  Speaker 4: He had been a surveyor for a long time.
• 32:39
  Speaker 9: He understood the guerrilla warfare of the Native Indians.
• 32:43
  Speaker 4: Braddick did not.
• 32:44
  Speaker 9: He made his troops go in a long line and
• 32:47
  Speaker 9: with great red coats on. Remember this is part of
• 32:50
  Speaker 9: the Virginia Militia serving under the Crown and Washington Warrenedham.
• 32:56
  Speaker 9: Of course, Braddock looked down his nose at him and
• 32:58
  Speaker 9: said he had knew nothing of what he was talking about,
• 33:02
  Speaker 9: and they were just massacred right there where us steel
• 33:07
  Speaker 9: is sitting today.
• 33:09
  Speaker 1: So, Selena, I want to switch topics on you. It's
• 33:11
  Speaker 1: been one year, though it's hard to believe since your
• 33:14
  Speaker 1: book Butler came out, which was a number one bestseller
• 33:17
  Speaker 1: on the New York Times list, And I'm curious, how
• 33:19
  Speaker 1: is having a bestseller changed your life?
• 33:25
  Speaker 3: Oh?
• 33:25
  Speaker 4: Pretty much.
• 33:26
  Speaker 9: Doesn't change my life other than maybe I'm writing more.
• 33:30
  Speaker 9: In fact, I'm working on the next book. It's going
• 33:32
  Speaker 9: to be called The United States of Appalachia, and I'm
• 33:36
  Speaker 9: super excited about it.
• 33:39
  Speaker 4: But it didn't really change my life much at all.
• 33:42
  Speaker 9: I mean, maybe more people recognize me, But honestly, people
• 33:49
  Speaker 9: have been very generous, even people from all different political strikes,
• 33:53
  Speaker 9: really appreciated the understanding of how place mattered in politics,
• 34:00
  Speaker 9: which is beyond the story of what happened that day Butler.
• 34:03
  Speaker 9: Although that is the reason that President Trump chose Butler
• 34:07
  Speaker 9: is the only He and John F. Kennedy are the
• 34:11
  Speaker 9: only true presidents that ever campaigned in Butler.
• 34:15
  Speaker 4: No one else ever has.
• 34:17
  Speaker 1: I I have a question about I have a question
• 34:20
  Speaker 1: about the United States of Appalachia. The Appalachian diaspora includes
• 34:26
  Speaker 1: the Mahoning Valley. You know, Vice President Vance's family came
• 34:30
  Speaker 1: from Appalachia up to Middleton, Ohio to work in the mills.
• 34:34
  Speaker 1: A lot of people went up to the Mahoning Valley.
• 34:36
  Speaker 1: Do you include the mo Owning Valley in your Appalachian story, Yeah,
• 34:43
  Speaker 1: it was just.
• 34:43
  Speaker 4: There four days ago. That's a very important part of Appalachia.
• 34:47
  Speaker 4: A lot of.
• 34:47
  Speaker 9: People traveled up from the South into the deeper part
• 34:52
  Speaker 9: of Appalachia and came to places like Youngstown and Warren
• 34:57
  Speaker 9: and Pittsburgh and Morgan Town to work in the mills
• 35:01
  Speaker 9: and to work in the cool and you know these
• 35:04
  Speaker 9: are this is the Appalachia is truly the story of America.
• 35:09
  Speaker 9: The people, most presidents have roots in Appalachia, and most
• 35:13
  Speaker 9: people don't don't know that.
• 35:15
  Speaker 4: But even when you hear the song Country.
• 35:17
  Speaker 9: Roads, even if you have never even been to Appalachia,
• 35:22
  Speaker 9: it really brings out this very American feeling of being
• 35:27
  Speaker 9: home of place.
• 35:29
  Speaker 4: And that is what Appalachia does.
• 35:31
  Speaker 9: It's the oldest mountain range in the world.
• 35:35
  Speaker 4: That's how that's how old Appalachia is.
• 35:38
  Speaker 1: What do we base that on? That sounds like a
• 35:40
  Speaker 1: stealer's claim. Are the greatest quarterback in history? Being treat
• 35:44
  Speaker 1: What do we base that on? Where'd you get that
• 35:46
  Speaker 1: from the Pennsylvania Encyclopedia.
• 35:50
  Speaker 4: No, that's a fact.
• 35:54
  Speaker 9: It's sort of a tie between Appalachia Mountains and the
• 35:57
  Speaker 9: Himalayan Mountains.
• 35:59
  Speaker 4: But you know, I'm going I'm being a homegirl.
• 36:01
  Speaker 7: Right, But.
• 36:04
  Speaker 1: Do they teach Pennsylvania history in fourth grade like they
• 36:08
  Speaker 1: teach Ohio history and fourth grade?
• 36:11
  Speaker 3: Oh?
• 36:12
  Speaker 4: Yeah, I have a PhD in the in the French
• 36:14
  Speaker 4: and Indian War. I just want you to know.
• 36:16
  Speaker 1: That, Okay, I just I just want I just want
• 36:22
  Speaker 1: the United States of Appalachia to turn into the Pittsburgh
• 36:26
  Speaker 1: fourth grade textbook of Pennsylvania history because we know that
• 36:30
  Speaker 1: how far south by the way does Appalachia go? Do
• 36:32
  Speaker 1: you count Georgia.
• 36:33
  Speaker 9: Four story too County from New York County Georgia.
• 36:39
  Speaker 1: But it's got Ohio in it.
• 36:41
  Speaker 4: Oh, it's definitely go to Lato, Ohio.
• 36:44
  Speaker 1: All Right, that's all I care about. We'll help sell that.
• 36:46
  Speaker 1: But happy two hundred and fiftieth later. Back to work
• 36:51
  Speaker 1: next week. We're I haven't found this week. Back to
• 36:53
  Speaker 1: work next week. Don't go anywhere in America. On the
• 36:55
  Speaker 1: Supreme Court review and more coming up on the UK
• 36:58
  Speaker 1: IT show Right to America Welcome has promised. Our three
• 37:01
  Speaker 1: today is devoted to the United States Supreme Court having
• 37:04
  Speaker 1: just wrapped up their term. Right before we begin to
• 37:07
  Speaker 1: celebrate our semi tesquinteddial, I thought it would be time
• 37:10
  Speaker 1: to introduce you to the next gen smart guys, and
• 37:13
  Speaker 1: they are Professor Josh Blackman. Professor Blackman teaches at South
• 37:17
  Speaker 1: Texas School of Law. He is the author of I
• 37:20
  Speaker 1: Think the Best Case Book, along with Randy Barnett on
• 37:23
  Speaker 1: con law cases and materials. He clerked on the Sixth Circuit.
• 37:26
  Speaker 1: He also clerked on the United States District Court. And
• 37:29
  Speaker 1: James Phillips, former colleague of mine at Chapman University Law
• 37:32
  Speaker 1: School Foller School of Law, about to join the St.
• 37:36
  Speaker 1: Thomas School of Law. He clerked on the DC Circuit
• 37:39
  Speaker 1: and on the Utah Supreme Court. They both know what
• 37:42
  Speaker 1: they're doing when it comes to con law, so I
• 37:44
  Speaker 1: thought I would ask them in to sort of review
• 37:46
  Speaker 1: where we are and where we're going. Josh, I'm going
• 37:49
  Speaker 1: to go to you first. You guys are both considerably
• 37:51
  Speaker 1: younger than I am. But how did you view the
• 37:54
  Speaker 1: term that just concluded, and how do you view the
• 37:56
  Speaker 1: prospects for the next two undred and fifty years of
• 37:58
  Speaker 1: court decisions?
• 38:01
  Speaker 3: Well, Hugh, thanks for having me. Also, my good friend
• 38:03
  Speaker 3: James is always good to see as well. This was
• 38:06
  Speaker 3: a remarkable term. Barely a decade ago, June would be
• 38:10
  Speaker 3: a very sad month for Conservatives, just as Kenny would
• 38:14
  Speaker 3: isach you one decision after another that would make it sad.
• 38:17
  Speaker 3: This year, there were really not many downpoints, and even
• 38:21
  Speaker 3: where Trump lost, it was a lot closer than one
• 38:24
  Speaker 3: might have expected, for example, birthright citizenship. So it was
• 38:27
  Speaker 3: actually a pretty strong court term for the Conservatives. Chief
• 38:31
  Speaker 3: Justice Roberts is still in charge. He basically does whatever
• 38:34
  Speaker 3: he wants. He's always in the majority in every case
• 38:36
  Speaker 3: that matters. He brings along the three liberals whenever they need,
• 38:39
  Speaker 3: and he finds either Justice Barrett or just Cavna at
• 38:42
  Speaker 3: the fright a fifth vote. So really it's John Roberts's
• 38:45
  Speaker 3: court and we're just sort of living in it.
• 38:47
  Speaker 1: Well, but Jane Phillips, what's say you, my friend.
• 38:52
  Speaker 10: Well, I mean, I think this term reinforced that we
• 38:55
  Speaker 10: live in a world of judicial supremacy where this is
• 39:00
  Speaker 10: not the way this was initially designed. We did not
• 39:03
  Speaker 10: have a strong Supreme Court in the early parts of
• 39:05
  Speaker 10: this of the history, but for various reasons such as
• 39:09
  Speaker 10: Congress not being able to do things, and you know,
• 39:13
  Speaker 10: some case law that came out of the nineteen fifties,
• 39:16
  Speaker 10: like Aaron v. Cooper, we have a Supreme Court that
• 39:20
  Speaker 10: decides all of the important issues and really has become
• 39:24
  Speaker 10: the most powerful branch in many ways, and I don't
• 39:28
  Speaker 10: see that changing.
• 39:29
  Speaker 7: In the near future.
• 39:30
  Speaker 10: Whether that'll be the case two hundred and fifty years
• 39:31
  Speaker 10: from now, I can't say, but that's where we're in
• 39:33
  Speaker 10: the midst of now.
• 39:35
  Speaker 1: So I'm about ready to finish a column for Fox
• 39:38
  Speaker 1: News tomorrow which I'm going to say, this is not
• 39:41
  Speaker 1: really that radical of a court, no matter what legacy
• 39:44
  Speaker 1: media tells you. And I'm relying on Scotus Blog for
• 39:47
  Speaker 1: these stats. I'll read them to you. By several measures,
• 39:51
  Speaker 1: this term was more idiologically divided than the last one.
• 39:54
  Speaker 1: Last term, fifteen point two percent of the Court's decisions
• 39:57
  Speaker 1: were decided by a six' to three, vote and nine
• 40:00
  Speaker 1: percent of all decisions were six to three ideological. Splits this,
• 40:05
  Speaker 1: term those figures rose significantly to twenty eight point eight
• 40:08
  Speaker 1: percent and twenty two point seven. Percent so let's focus
• 40:13
  Speaker 1: on the eight percent and the twenty two point seven.
• 40:15
  Speaker 1: Percent that's still only one fifth of the, Cases, james
• 40:19
  Speaker 1: that really divide out ideologically six' three with the originalists
• 40:25
  Speaker 1: loosely defined versus. The liberals is that an ideologically divided?
• 40:29
  Speaker 1: Course court or is that one that generally goes along
• 40:32
  Speaker 1: and gets along With the Court's gradual constitution's gradual evolution.
• 40:36
  Speaker 1: AND development.
• 40:38
  Speaker 7: I think the majority of the time this is not an.
• 40:40
  Speaker 10: Ideological COURT if i Recall those scotas blog stats showed
• 40:44
  Speaker 10: that forty four percent of the cases.
• 40:46
  Speaker 7: Were unanimous and, so again if you're talking.
• 40:49
  Speaker 10: A quarter of the time where you're getting an, ideological
• 40:53
  Speaker 10: split that means three cords of, the time it's. Not so,
• 40:57
  Speaker 10: of course you're going to have some ideological splits from
• 41:00
  Speaker 10: time to time because these justices see the, world differently
• 41:03
  Speaker 10: and they were put on the court because they see
• 41:05
  Speaker 10: the world in the. Law DIFFERENTLY but i don't see
• 41:09
  Speaker 10: this as a, super conservative.
• 41:11
  Speaker 7: Ideological court it's just it's shifted from where we've been in.
• 41:16
  Speaker 10: The past and so, you know if you use the
• 41:18
  Speaker 10: baseline of Say The warren court or some of the,
• 41:20
  Speaker 10: other courts sure it's moved further to. The right but
• 41:24
  Speaker 10: again those stats don't bear out an.
• 41:26
  Speaker 1: Ideological Court Professor, josh blackman you've been doing the casebook
• 41:30
  Speaker 1: for a long Time With. Randy barnett what do you
• 41:32
  Speaker 1: think about the court's general reputation overstated as ideological or understated.
• 41:37
  Speaker 1: IS ideological i.
• 41:39
  Speaker 3: Think liberals should bless their Stars that Trump Picked, Brick Kavanaugh,
• 41:44
  Speaker 3: Amy coney Barrett And. Neil gorsich these are not. Three
• 41:48
  Speaker 3: ideologicals they're not even that conservative in. All regards in any,
• 41:52
  Speaker 3: given Case a chief justine pick up one of them
• 41:54
  Speaker 3: to make a majority of the. Court's liberals it's truly
• 41:58
  Speaker 3: they should. Be thankful if you want to see, the
• 42:01
  Speaker 3: reflection look how Often The fifth CIRCUIT where, i Live
• 42:04
  Speaker 3: the Court's. In texas how off In The fifth circuit
• 42:06
  Speaker 3: gets reversed on mail, in ballots, on immigration. On guns
• 42:10
  Speaker 3: it's consistent That The fifth circuit is the right Of The.
• 42:13
  Speaker 3: Supreme court trump could have pick any Of these texas
• 42:16
  Speaker 3: judges Of The supreme court and said he picked Someone,
• 42:18
  Speaker 3: from indiana Some, from colorado and Someone.
• 42:21
  Speaker 1: From, Maryland, SO josh i also like to put it.
• 42:25
  Speaker 1: This way you have to revise your casebook every now.
• 42:28
  Speaker 1: And then how often has this court obliged you to
• 42:31
  Speaker 1: add or subtract cases and change entire sections of the?
• 42:35
  Speaker 3: Case, Book, oh hugh this hears. Me Big randy BURNETT
• 42:40
  Speaker 3: and i are actually working. RIGHT now i talk about
• 42:43
  Speaker 3: it for an, hour ago about how to rework our.
• 42:46
  Speaker 3: Entire book this is a biggie birthright citizenship is a
• 42:50
  Speaker 3: big deal for what we know about The. Fourteenth amendment
• 42:54
  Speaker 3: there's a Case called slaughter where the court overruled a
• 42:57
  Speaker 3: ninety year old present it who the president. Could fire
• 43:00
  Speaker 3: we have big cases, on guns we have big cases on.
• 43:02
  Speaker 3: Transgender rights there's a lot. Of changes and this book
• 43:06
  Speaker 3: will be Out, in DECEMBER and i hope you since will.
• 43:08
  Speaker 1: Enjoy, it oh, very WILL because i enjoy, your book
• 43:11
  Speaker 1: and You and randy make it accessible in a way
• 43:14
  Speaker 1: that very few comm law. Professors, do james are you
• 43:17
  Speaker 1: working on a casebook because you? OUGHT to, i mean
• 43:20
  Speaker 1: we need at least two original casebooks. Out there so
• 43:22
  Speaker 1: are you working. On one.
• 43:25
  Speaker 7: I'm working on, a book but not.
• 43:26
  Speaker 3: A casebook, so.
• 43:28
  Speaker 1: Okay so let me begin with my asking YOU before
• 43:31
  Speaker 1: i set UP what i want to. Talk about what
• 43:34
  Speaker 1: do you think is the most significant ruling of the
• 43:36
  Speaker 1: twenty twenty five to twenty twenty six term and for
• 43:39
  Speaker 1: the benefit Of the. Steelers Fan the court begins its Year,
• 43:42
  Speaker 1: in october it ends it at the End. Of june
• 43:45
  Speaker 1: sometimes it Gets, into july but that's generally the Court
• 43:48
  Speaker 1: term October. To June, james phillips what do you think
• 43:51
  Speaker 1: is the most significant thing they did?
• 43:52
  Speaker 7: This, term well most?
• 43:55
  Speaker 10: Significantly Tough As yogi, berra said the making predictions is,
• 43:59
  Speaker 10: always difficult especially of. The, future right what's the impact
• 44:02
  Speaker 10: going to be down? The road, You know josh just
• 44:05
  Speaker 10: mentioned a couple. Of them i'm going to throw one
• 44:07
  Speaker 10: out that he, didn't mention And That's klay Louisiana.
• 44:11
  Speaker 7: Versus klay so do you want me to go into
• 44:14
  Speaker 7: this a little?
• 44:15
  Speaker 8: Bit?
• 44:15
  Speaker 10: Huge yeah so this involved The, fifteenth amendment, you know
• 44:22
  Speaker 10: prohibited discriminating on the basis of race or previous conditions
• 44:27
  Speaker 10: of servitude or color.
• 44:29
  Speaker 7: In voting and.
• 44:31
  Speaker 10: So the nineteen Sixty five congress Passed The Civil rights
• 44:34
  Speaker 10: act in trying to get rid of some of the
• 44:38
  Speaker 10: things that it, cropped up particularly In, the south that
• 44:41
  Speaker 10: were proxies for discrimination on the basis of race. And,
• 44:44
  Speaker 10: voting so because of this and the way it's been
• 44:47
  Speaker 10: interpreted for a, long time states have been required to
• 44:51
  Speaker 10: create what are called majority, minority districts so a majority
• 44:54
  Speaker 10: of the voters in the district are some kind of
• 44:56
  Speaker 10: racial or, ethnic minorities Such As african america Or. His
• 45:01
  Speaker 10: latinos And, in louisiana the district court ruled That the
• 45:06
  Speaker 10: louisiana needed to create a second one of these majority
• 45:09
  Speaker 10: minority districts that were a majority of.
• 45:10
  Speaker 7: Black, voters well this got brought up To.
• 45:14
  Speaker 10: The, supreme court And The supreme, court said, you know
• 45:16
  Speaker 10: when you really read, the statute and.
• 45:19
  Speaker 1: This isn't.
• 45:20
  Speaker 10: Really required there's a there's a very demanding test for
• 45:25
  Speaker 10: whether you can do something based.
• 45:26
  Speaker 7: On race it's called.
• 45:27
  Speaker 10: Strict scrutiny and one of the things that government has
• 45:31
  Speaker 10: to do to satisfy this is they have to have a.
• 45:32
  Speaker 10: Compelling interest And the, court said there isn't a compelling
• 45:36
  Speaker 10: interest here in creating these all minority districts unless you're
• 45:40
  Speaker 10: going to be rectifying. Immediate discrimination there is current racial
• 45:45
  Speaker 10: discrimination discrimination. Going on but if this is just about,
• 45:48
  Speaker 10: you know there was some discrimination in, the past or
• 45:51
  Speaker 10: there's some kind of, disparate impact then we're not.
• 45:55
  Speaker 7: Going to treat anybody any different than any. Other voter,
• 45:58
  Speaker 7: you know.
• 45:58
  Speaker 10: Voters all the time don't get to vote who they
• 46:01
  Speaker 10: want or get elect.
• 46:02
  Speaker 7: Who they want.
• 46:03
  Speaker 10: For office, you Know if republicans are in a strongly,
• 46:07
  Speaker 10: democratic district they're going to be able, to vote but
• 46:09
  Speaker 10: they're not going to get their. Preferred candidate So The
• 46:13
  Speaker 10: supreme court has basically said these are no, longer constitutional
• 46:17
  Speaker 10: these majority minority districts unless you're rectifying. Current discrimination and
• 46:21
  Speaker 10: there's about thirty to forty of these FROM what i,
• 46:23
  Speaker 10: can tell that were required Under The Voting. Rights act
• 46:27
  Speaker 10: so those are going to. Go away states are going
• 46:29
  Speaker 10: to redistrict and have, already started and that's going to
• 46:34
  Speaker 10: change probably the Composition, of congress given the facts that
• 46:38
  Speaker 10: race and political party are often, strongly correlated at least
• 46:42
  Speaker 10: with some.
• 46:43
  Speaker 7: Minority groups kolai an.
• 46:45
  Speaker 1: Enormous decision we got, One, minute josh what's your nomination
• 46:48
  Speaker 1: for the most significant decision of. The term and then
• 46:51
  Speaker 1: we'll got.
• 46:51
  Speaker 3: A break i think it's. Birthright citizenship trump came within
• 46:56
  Speaker 3: one vote of altering how every person born in this country,
• 47:02
  Speaker 3: gets CITIZENSHIP and i Agree With. JUSTICE thomas i Don't
• 47:06
  Speaker 3: Think john roberts's opinion be the final word in. This
• 47:08
  Speaker 3: matter so this is a huge opinion and sually tested
• 47:12
  Speaker 3: how this issue has been unsettled for more than one
• 47:14
  Speaker 3: hundred and. Fifty years and people who are, telling, you
• 47:16
  Speaker 3: well if you, believe this, you're racist Much like Kalay
• 47:19
  Speaker 3: with james just, mentioned right any opposition to birthright citizenships
• 47:22
  Speaker 3: because you're. A RACIST but i think there's some good
• 47:23
  Speaker 3: arguments on both sides Of just thomas.
• 47:25
  Speaker 1: Brought forward we're going to come back to birthright citizenship
• 47:28
  Speaker 1: right after the BREAK because i Thought The chief justice
• 47:32
  Speaker 1: opinion was, spot on and so we'll have a conversation.
• 47:35
  Speaker 1: About that justice satisfy the talk, right Now And Salem news,
• 47:38
  Speaker 1: channel audience don't Go. Anywhere america we'll be back With
• 47:41
  Speaker 1: The supreme court in review right. After this welcome Back.
• 47:48
  Speaker 1: To America I'm new hewitt With Professors josh Blackman And.
• 47:52
  Speaker 1: JAMES phillips i want to go right Back to Trump
• 47:56
  Speaker 1: versus barbara the birthright. Citizenship Case josh i in this Column,
• 48:02
  Speaker 1: FOR fox i point out twenty, years ago even ten,
• 48:05
  Speaker 1: years ago only in academia was this a topic, of
• 48:08
  Speaker 1: discussion whether or not a child born In The united
• 48:10
  Speaker 1: states with A citizen it was. Assumed Yes and i'm
• 48:14
  Speaker 1: a very common sense kind. Of guy text tradition, in
• 48:17
  Speaker 1: history the foundling at, the firehouse what's? Their citizenship all
• 48:21
  Speaker 1: the kind of stuff we've heard. WERE heard i just
• 48:24
  Speaker 1: don't see How the court could have come down any.
• 48:26
  Speaker 1: Other WAY and i want to suggest you that if
• 48:29
  Speaker 1: they didn't have the, five Votes Either justice Gorsic Or
• 48:34
  Speaker 1: justice kavanaugh would have come along to make sure this remained,
• 48:37
  Speaker 1: settled law because unsettling it would open up a volcano,
• 48:43
  Speaker 1: of issues. Wouldn't?
• 48:44
  Speaker 3: It, oh sure AND will i will confess. ERROR here
• 48:49
  Speaker 3: i wrote years ago that this was open and SHUT
• 48:52
  Speaker 3: and i didn't think it was any. Alternate ARGUMENT but
• 48:55
  Speaker 3: i say this as you're pretty carefully in the last
• 48:57
  Speaker 3: year and, a half and there's some actually good arts,
• 49:00
  Speaker 3: on frankly, both SIDES and I Think, justice gorzich who
• 49:04
  Speaker 3: was somewhat during the argument seeming to lean in favor of,
• 49:08
  Speaker 3: the challengers and, he flipped and Just as kavanaugh. Likewise
• 49:11
  Speaker 3: flipped so we can look at this as what will
• 49:15
  Speaker 3: cause the biggest destabilization of. The Country and i'm not
• 49:18
  Speaker 3: going to disagree. WITH you i think it would have
• 49:19
  Speaker 3: a significant impact on who is, a citizen how we
• 49:22
  Speaker 3: go back. Granted citizenship but you know other countries, do,
• 49:26
  Speaker 3: It Right most european nations figure it a way to
• 49:28
  Speaker 3: manage non birth. Right citizenship it's on the end of.
• 49:30
  Speaker 3: The world the bigger, ISSUE is, i know so the
• 49:34
  Speaker 3: legal arguments of how these arguments went from off the
• 49:36
  Speaker 3: wall to on, the wall so. To speak and THIS
• 49:39
  Speaker 3: is i think attestment To what trump. Has done he
• 49:41
  Speaker 3: is changed in national narrative on immigration in WAYS that
• 49:44
  Speaker 3: i DON'T think i could.
• 49:45
  Speaker 1: ANTICIPATE it i think, You're, right john and, IN fact
• 49:48
  Speaker 1: i do think the controversy around it reflects the open
• 49:51
  Speaker 1: border policy of the last four years and the controversy adjacent.
• 49:54
  Speaker 1: There too how, About, you james were you Surprised by
• 49:57
  Speaker 1: Trump the BARBARA because i wasn't accept for just It's
• 50:00
  Speaker 1: just kavanaugh's opinion And maybe. JUSTICE coursages i thought it
• 50:03
  Speaker 1: would be, seven TOO but i Didn't See justice kavanaugh
• 50:06
  Speaker 1: coming in from. Left field we all know the statute
• 50:08
  Speaker 1: says it's, that way but Not. The constitution.
• 50:12
  Speaker 10: So out of, oral argument it Looked like trump was going,
• 50:15
  Speaker 10: to lose And as, josh noted the vote was maybe
• 50:19
  Speaker 10: a bit closer than oral. Argument indicated it's not, You
• 50:23
  Speaker 10: Know justice kavanaugh tends, to write, you know these concurrences
• 50:27
  Speaker 10: or these descents where he tries to show another path or,
• 50:30
  Speaker 10: tries to, you know.
• 50:32
  Speaker 7: Argue that this case doesn't actually go.
• 50:34
  Speaker 10: This Far so i'm not surprised To See justice kavanaugh
• 50:37
  Speaker 10: writing that type, of concurrence and it's what he often likes.
• 50:41
  Speaker 10: To do but it, was close and, you know raises
• 50:47
  Speaker 10: the question of if we have personnel changes down the
• 50:50
  Speaker 10: road in, the court does this issue come? Back there,
• 50:54
  Speaker 10: you know there is there is evidence on. Both sides
• 50:57
  Speaker 10: whether it's equally weighted is. Enough question but it was
• 51:02
  Speaker 10: a very close case and it's not clear it'll.
• 51:05
  Speaker 7: Go away but you.
• 51:06
  Speaker 10: Never know sometimes the country moves on and the courts.
• 51:10
  Speaker 1: Move on but, we'll see, All Right, josh blackman let
• 51:13
  Speaker 1: me ask you about THE case i thought was, most
• 51:15
  Speaker 1: significant and not many people agree. With me It's The
• 51:18
  Speaker 1: National Republican senatorial committee decision VERSUS, the FEC which i
• 51:23
  Speaker 1: think empowers political parties to do what they, do best
• 51:26
  Speaker 1: which is pick saying people to be. In office what
• 51:28
  Speaker 1: do you think of? That, decision.
• 51:31
  Speaker 3: Well this is the case he goes back to the,
• 51:33
  Speaker 3: seventies appeared, you Know well Buckley. Versus, valo, yes right
• 51:37
  Speaker 3: this was a period of the court simply said we
• 51:39
  Speaker 3: can't have money. In politics we're going to stop the
• 51:42
  Speaker 3: political parties from raising all. This money but what that
• 51:45
  Speaker 3: did the president divertently was allowed these, outside groups these
• 51:48
  Speaker 3: packs and super packs. Of flourish where now it had
• 51:50
  Speaker 3: all these people giving, unrestricted money all the while, political PARTIES,
• 51:55
  Speaker 3: the Gp The democratic party could not coordinate with. The
• 51:58
  Speaker 3: Candidate The streme, court said, come on this makes no.
• 52:01
  Speaker 3: More sense we have assistants united in. Other cases if
• 52:04
  Speaker 3: all this might have flat, into politics why can't we
• 52:06
  Speaker 3: just submit The obvious let the party coordinate with. The,
• 52:09
  Speaker 3: candidate this, on Balance helps. REPUBLICANS more i THINK the
• 52:14
  Speaker 3: gop national raises a lot, of money even if we'd
• 52:16
  Speaker 3: have some pretty a. Lousy candidates now that perhaps lets
• 52:19
  Speaker 3: the party have more of an influence over which candidates.
• 52:21
  Speaker 3: Are selected this is a very, big decision and it
• 52:24
  Speaker 3: actually flip the outcome Races in george and. Other states
• 52:28
  Speaker 3: it's a Really Good first.
• 52:29
  Speaker 1: Amendment Ruling, and james what do you think ABOUT n RFC. Versus, FBC.
• 52:36
  Speaker 10: Well i think the consequences will hopefully be positive in
• 52:40
  Speaker 10: the sense that restrictions on campaign funding while coming from a,
• 52:46
  Speaker 10: good place they were worried about.
• 52:49
  Speaker 7: Bribery or are those kinds of.
• 52:51
  Speaker 10: Unew influences they've required Members of congress to spend so
• 52:56
  Speaker 10: much time fundraising that they have less time. For, governing
• 53:01
  Speaker 10: now there's other Reasons why congress, isn't governing, but honestly
• 53:04
  Speaker 10: one of them is they have to spend a lot
• 53:05
  Speaker 10: of time. Raising MONEY so i think anything that frees
• 53:10
  Speaker 10: up congressional time to spend a little bit less time
• 53:13
  Speaker 10: fundraising and allows them to get some outside help in
• 53:16
  Speaker 10: that capacity could at least theoretically free up more time
• 53:21
  Speaker 10: for actually doing the Job.
• 53:22
  Speaker 1: Of, congress okay unexpected effects. AS well I think republicans
• 53:26
  Speaker 1: were happy with the decision To in Trump be slaughter
• 53:30
  Speaker 1: and unhappy with the Decision in Trump, Be COOK and
• 53:33
  Speaker 1: i kind of thought you better be neutral on both
• 53:35
  Speaker 1: of these because these are two two, Bolated, ACCESS james
• 53:40
  Speaker 1: i think they cut both ways for. Both parties it
• 53:42
  Speaker 1: just strengthens, the presidency except with regards To The. Federal
• 53:46
  Speaker 1: reserve what did you make of these, Two, CASES.
• 53:50
  Speaker 10: Well i think you're right that it does affect, both
• 53:53
  Speaker 10: parties but it in some sense having a more, empowered
• 53:58
  Speaker 10: president kind of unitary executive theory that comes from the
• 54:03
  Speaker 10: vesting Clause of article two Probably helps republican presidents a
• 54:08
  Speaker 10: little bit More than democratic presidents in the sense of
• 54:12
  Speaker 10: government officials and bureaucrats tend to lean a little bit
• 54:18
  Speaker 10: to the left and so this there's maybe less of
• 54:21
  Speaker 10: a need to remove, folks sometimes, but yes it's going
• 54:24
  Speaker 10: to allow democratic presidents to remove folks. As well it, is,
• 54:27
  Speaker 10: Interesting Right so, slaughter basically, you know says that you can't.
• 54:33
  Speaker 7: Have four cause removal of an.
• 54:35
  Speaker 10: Executive officer the president has to exercise all power and
• 54:39
  Speaker 10: that means he has to be able to fire if.
• 54:42
  Speaker 7: Need me and then you have this carve Out.
• 54:43
  Speaker 10: And, cook Well the Federal the board Of, the government
• 54:47
  Speaker 10: board Of The federal reserve, is different and that's just
• 54:49
  Speaker 10: based off of, you know the history of the banks
• 54:51
  Speaker 10: Of The. United states so it's it's a little strange
• 54:56
  Speaker 10: you would you would think that they would go the same.
• 54:58
  Speaker 10: EITHER way i, you know there are prudential arguments for
• 55:02
  Speaker 10: having the board Of The federal reserve to be someone
• 55:05
  Speaker 10: independent from. The PRESIDENT but i agree presidents of either
• 55:10
  Speaker 10: side are going to be able to rely on this.
• 55:12
  Speaker 1: Going Forward And, josh blackman it must make the casebook easier.
• 55:16
  Speaker 1: Right now you don't have To explain humphrey that you
• 55:21
  Speaker 1: had To put cook in.
• 55:22
  Speaker 3: Its place, you know it's funny this case Is, about
• 55:27
  Speaker 3: trump but it's not since the nineteen twenties and nineteen
• 55:31
  Speaker 3: thirties are these vigorous debates about the present's power of.
• 55:34
  Speaker 3: Fire people humphrey's executives decided ninety something, years ago there
• 55:39
  Speaker 3: was a case During The new deal Which Said president
• 55:42
  Speaker 3: roselt cannot fire members Of The Federal. Trade commission and
• 55:45
  Speaker 3: for decades every president complained, About, This, Reagan, Bush, bush
• 55:51
  Speaker 3: trump and Then finally trump to put notes this something.
• 55:54
  Speaker 3: About it he came in the very first day that,
• 55:56
  Speaker 3: all right you are. All fired. Assume me and the
• 56:00
  Speaker 3: only way to get this Case To supreme court is
• 56:02
  Speaker 3: basy to fire someone to wait to. Be sued and
• 56:04
  Speaker 3: That's what trump is apparently good at and the court.
• 56:08
  Speaker 3: OVERALL slaughter I Give john roberts love. Criticism often this
• 56:11
  Speaker 3: is probably most important. Opinion ever this is a. Significant
• 56:15
  Speaker 3: ruling he clearly overrule the press of those nine, years
• 56:18
  Speaker 3: old goes long for, this WORLD and i think we're
• 56:20
  Speaker 3: BETTER offord i thought.
• 56:22
  Speaker 1: His Race jeris berdens wins. That award but we'll be
• 56:24
  Speaker 1: right back as we're in talk Guns With josh Blackman And,
• 56:27
  Speaker 1: james phillips the two professors the next gen smart guys
• 56:30
  Speaker 1: to take jam, my friends you've probably seen the headlines.
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• 57:58
  Speaker 1: Back america it's this art segment that it's a. Big
• 58:01
  Speaker 1: case it's involving guns In A Why, Josh black might
• 58:04
  Speaker 1: you set it up for a bit more reminded what
• 58:05
  Speaker 1: it's about and what it portends for NEXT year's ar.
• 58:08
  Speaker 1: Fifteen case, if anything, All right.
• 58:11
  Speaker 3: So there Were two there were two gun cases this
• 58:13
  Speaker 3: year that were. Somewhat weird the first of all. Is
• 58:16
  Speaker 3: marijuana so believe it, OR not i know You're. In
• 58:18
  Speaker 3: california marijuana's so illegal on their federal law you would never.
• 58:21
  Speaker 3: Know it and the federal, law says if you're basically a,
• 58:24
  Speaker 3: drug addict you cannot possess. A firearm and this could
• 58:27
  Speaker 3: actually mean. ANY drug harmani was admitted to the police
• 58:31
  Speaker 3: that he used marijuana a couple times, a week and as,
• 58:35
  Speaker 3: a result he was charged as a felon and as
• 58:38
  Speaker 3: a disqualified person having. A firearm and this case went
• 58:42
  Speaker 3: To The supreme court and it was. Basically Unanimous The supreme,
• 58:45
  Speaker 3: court said there's really no tradition of taking guns away,
• 58:49
  Speaker 3: from drunkards people with too. Much alcohol there's no evidence
• 58:52
  Speaker 3: that he posed a threat to another and marijuana doesn't
• 58:55
  Speaker 3: really make people, THAT dangerous. I suppose and even though
• 58:59
  Speaker 3: it's silly illegal in their at, a law let's look
• 59:01
  Speaker 3: at the WORLD. Around us most states have legalized. Its
• 59:03
  Speaker 3: practice so there's no basis to take guns away from a. Marijuana,
• 59:07
  Speaker 3: user okay that's case. Number one casember two Is. From
• 59:10
  Speaker 3: HAWAII where i think My friend james finds. Himself. Today
• 59:13
  Speaker 3: hawaii this very strange rule that said, any business, a restaurant,
• 59:19
  Speaker 3: a store a, gas station whatever is presumptively off limits,
• 59:23
  Speaker 3: to firearms and you have to put a sign, saying
• 59:26
  Speaker 3: yes guns, Are, allowed yes bring your bring your concealed
• 59:29
  Speaker 3: carrier Licenses, in now, let's See, in hawaii no business
• 59:32
  Speaker 3: will do that because they don't. Like guns they. Hate
• 59:34
  Speaker 3: guns that's the low. Hot spirit they don't. Like firearms
• 59:36
  Speaker 3: it's part of their. Culture, there, apparently Uh The supreme, court,
• 59:41
  Speaker 3: said no go that you can't presumptively ban firearms throughout.
• 59:45
  Speaker 3: The state you have to be basically do what we Have,
• 59:47
  Speaker 3: in texas where you put a sign saying no guns.
• 59:49
  Speaker 3: Are allowed, that works but you can't just make. It
• 59:52
  Speaker 3: Presumptively not the upshot Is in hawaii you could not.
• 59:56
  Speaker 3: Carry anywhere you couldn't go from place to place with,
• 59:58
  Speaker 3: a gun and the concealed carrier license was. Basically pointless
• 1:00:01
  Speaker 3: these are two RULINGS now i mentioned. Next term this
• 1:00:03
  Speaker 3: is the. Big One the, court finally after, a decade
• 1:00:07
  Speaker 3: took a case involving air fifteen's most commonly held rifle
• 1:00:10
  Speaker 3: In the. United states many states banned them or they,
• 1:00:13
  Speaker 3: modify them Like, in california they have to be basically
• 1:00:15
  Speaker 3: disarmed and you have to take all the good. FEATURES
• 1:00:17
  Speaker 3: out i Think this pepoort, RULE here i think guns,
• 1:00:20
  Speaker 3: actually prevail and this could get People in California and
• 1:00:23
  Speaker 3: Maryland And new york the right to actually bear the
• 1:00:25
  Speaker 3: most commonly held rifle In The. United states.
• 1:00:27
  Speaker 1: That's it that's on next. Year's agenda but we're headed.
• 1:00:30
  Speaker 1: That Way. James phillips let's talk about the states and
• 1:00:33
  Speaker 1: boys playing in, girls' sports because big Win For west Virginia.
• 1:00:36
  Speaker 1: And idaho but it just is a win for the.
• 1:00:40
  Speaker 1: State's authority it doesn't really lay down a black letter
• 1:00:43
  Speaker 1: law about what's In. The constitution is? That, RIGHT.
• 1:00:48
  Speaker 10: Well i mean it was Reaching both title nine and
• 1:00:53
  Speaker 10: to a certain degree the equal, Production clause but, you're
• 1:00:55
  Speaker 10: right it was more of what is a louder or.
• 1:00:59
  Speaker 10: Not violated so what, happened was, you Know both Idaho
• 1:01:03
  Speaker 10: And west virginia said that biological males could not play
• 1:01:07
  Speaker 10: in biological females sports in high school and, middle school
• 1:01:13
  Speaker 10: and so a biological boy who identifies as a girl
• 1:01:17
  Speaker 10: and both instances challenged these laws and said that It violates,
• 1:01:22
  Speaker 10: title nine which says you cannot discriminate on the basis
• 1:01:24
  Speaker 10: of sex, in education and then it also Violated The,
• 1:01:29
  Speaker 10: establishment clause which has been read to understood to also
• 1:01:34
  Speaker 10: prohibit discrimination on the basis. Of, sex Well The supreme,
• 1:01:37
  Speaker 10: court Said actually title nine allows states to. Do this
• 1:01:42
  Speaker 10: they can absolutely have boys sports and. Girl sports, in
• 1:01:46
  Speaker 10: fact in order to really provide equal opportunities for, girls
• 1:01:50
  Speaker 10: athletics you're going to have to have a girls' only
• 1:01:53
  Speaker 10: sports for this. To work and Then The Equal protection
• 1:01:57
  Speaker 10: clause isn't violated also by biological only girls teams because
• 1:02:02
  Speaker 10: this either satisfies rational basis the lowest standard of scrutiny or.
• 1:02:05
  Speaker 10: Intermediate scrutiny, this, this uh there's. Good reasons there's, safety
• 1:02:11
  Speaker 10: reasons opportunity reasons to keep, biological boys even those who
• 1:02:16
  Speaker 10: have taken some kind of hormone treatment and suppressed there,
• 1:02:19
  Speaker 10: at testosterone there's still that's just too difficult. To manage
• 1:02:23
  Speaker 10: and there's there's good reasons. For, this now this still
• 1:02:26
  Speaker 10: raises the question of can states allow biological boys to
• 1:02:33
  Speaker 10: participate in. Girls' sports that wasn't decided by, The court
• 1:02:38
  Speaker 10: and of course there are many states that do, allow
• 1:02:40
  Speaker 10: this probably around HALF if i, understand correctly and so that's,
• 1:02:46
  Speaker 10: So yeah so that's same for another day of whether
• 1:02:49
  Speaker 10: that violates the law to.
• 1:02:51
  Speaker 3: Allow that, All.
• 1:02:52
  Speaker 1: Right so when we, come back we're going to get
• 1:02:54
  Speaker 1: into the immigration And then i'm going to ask them
• 1:02:57
  Speaker 1: both what. They think the court is already scheduled for
• 1:02:59
  Speaker 1: next that we'll be talking about this time. Next year
• 1:03:03
  Speaker 1: but we got to do about with tps' decision and
• 1:03:06
  Speaker 1: with the, asylum decision because a lot of eyes were on.
• 1:03:09
  Speaker 1: Those cases at least at the end of. The, year
• 1:03:11
  Speaker 1: again it wasn't really a great landmark year in con
• 1:03:16
  Speaker 1: law in, my view except for some sleeper decisions that
• 1:03:19
  Speaker 1: will be made manifest over Time. Like calay it might
• 1:03:22
  Speaker 1: in fact change the makeup Of the constitution Of the
• 1:03:24
  Speaker 1: congress in. Four years if you don't, Go, Anywhere america
• 1:03:27
  Speaker 1: i'll be Back With Professor josh Blackman From South texas
• 1:03:29
  Speaker 1: School of Law A Professor james Phillips. From St Thomas
• 1:03:33
  Speaker 1: university School of law right after this stay chair Broking.
• 1:03:41
  Speaker 1: Back america last Segment With josh Blackman And, james phillips
• 1:03:45
  Speaker 1: my new next gen and. Smart guys let me start,
• 1:03:48
  Speaker 1: With You. Josh blackman the immigration CASES are, tps temporary,
• 1:03:52
  Speaker 1: releading temporary and the asylum in order to claim it
• 1:03:56
  Speaker 1: you got to be In The, united states as opposed
• 1:03:58
  Speaker 1: to at. The border did either surprise you do either
• 1:04:00
  Speaker 1: poor tend anything down the road of significance for.
• 1:04:03
  Speaker 3: The country so there were two cases decided last term
• 1:04:06
  Speaker 3: by the Name. Of mullen mullins The new Secretary Of.
• 1:04:08
  Speaker 3: Homeland security the Verse Involves Temporary PROTECTED. Status tps this
• 1:04:13
  Speaker 3: is a Statute that congress passed in The hw. Bush
• 1:04:16
  Speaker 3: administration the idea was if there's some sort of natural
• 1:04:19
  Speaker 3: disaster or, humanitarian emergency led to people In The united
• 1:04:23
  Speaker 3: states temporarily for a period of at a year and,
• 1:04:25
  Speaker 3: a half and then when the emergency, is over they.
• 1:04:27
  Speaker 3: Go back this was not meant to be a, permanent
• 1:04:29
  Speaker 3: bridge assism ship or any sort of, permanent status but
• 1:04:32
  Speaker 3: it often happens when you create a government program that goes.
• 1:04:34
  Speaker 3: On forever and there have been a number of PEOPLE
• 1:04:37
  Speaker 3: on tps. For Decades, in haiti it was, AN earthquake
• 1:04:39
  Speaker 3: i think in twenty ten, or so and people been.
• 1:04:43
  Speaker 3: Here forever syria has been basically in a civil war
• 1:04:45
  Speaker 3: for my entire. Adult life there's always some reason for
• 1:04:48
  Speaker 3: them to keep renewing it and. Renewing it, TRUMP said
• 1:04:51
  Speaker 3: i am going to cancel this temper protected status and
• 1:04:53
  Speaker 3: make these people subject.
• 1:04:55
  Speaker 1: To.
• 1:04:55
  Speaker 3: Removal immediately courts, blocked it and, they said by, The,
• 1:04:59
  Speaker 3: way trum you being racist because you said mean Things. About
• 1:05:01
  Speaker 3: haiti you may meetings with. Black people we won't let
• 1:05:04
  Speaker 3: you engage in. This Racism The streme, court, said. No
• 1:05:07
  Speaker 3: go this is an area of the. President's discretion it's
• 1:05:10
  Speaker 3: not subject to juice. Or review the courts can't. Scrutinize,
• 1:05:14
  Speaker 3: it moreover you Have the Secretary Of parment security who
• 1:05:17
  Speaker 3: consulted with the, other departments maybe didn't listen, to them
• 1:05:19
  Speaker 3: but made their own decision and was able to. Cancel
• 1:05:22
  Speaker 3: it and the court also rejected this Idea of trump. Being.
• 1:05:25
  Speaker 3: Racist why, they said this is foreign policy and the
• 1:05:29
  Speaker 3: Facts in haiti, are serious and it's the reason why
• 1:05:31
  Speaker 3: the president may not want people from this country. Coming
• 1:05:33
  Speaker 3: here Same. For syria the second case is kind. Of
• 1:05:37
  Speaker 3: quirky it's not About, the constitution it's about, the statute
• 1:05:40
  Speaker 3: and it said if a person arrived In The, united
• 1:05:42
  Speaker 3: states they can. Seek, asylum okay well Arrives The, united
• 1:05:46
  Speaker 3: states seems to me In The. United states the descent,
• 1:05:49
  Speaker 3: said no that actually means standing On the mexico side
• 1:05:52
  Speaker 3: Of The. Rio grande that means you're action In The.
• 1:05:54
  Speaker 3: United states but the upshot here is that people can't
• 1:05:57
  Speaker 3: Leave from Guatemala and Honduras near garagua at The next
• 1:06:00
  Speaker 3: so it's hoping to cross the border and make up a.
• 1:06:02
  Speaker 3: Storymentit asylum if they want to, seek asylum they can
• 1:06:04
  Speaker 3: make a claim in their home country and they can
• 1:06:07
  Speaker 3: wait till that claim. Is processed what they really want
• 1:06:09
  Speaker 3: to do is just, come here tell the, right paperwork
• 1:06:12
  Speaker 3: tell the, right stories and it guys stay here for
• 1:06:14
  Speaker 3: years at. A time that will not. Work anymore so
• 1:06:16
  Speaker 3: there's a huge ruling for the president's power to shut
• 1:06:19
  Speaker 3: down the.
• 1:06:19
  Speaker 1: SOUTHERN border i want to make sure you both get
• 1:06:22
  Speaker 1: an at bat at, what's ahead what do you think
• 1:06:25
  Speaker 1: matters most? Next Year james phillips will let you, lead
• 1:06:29
  Speaker 1: off and of course if you do want to add
• 1:06:30
  Speaker 1: SOMETHING a tps, or asylum go. RIGHT out i thought
• 1:06:33
  Speaker 1: they were straightforward. And expected but what's ahead in, Your Viewer, James, phillips.
• 1:06:39
  Speaker 7: Well a couple of cases come.
• 1:06:41
  Speaker 10: To mind let me start with One that i'm actually
• 1:06:44
  Speaker 10: counsel to the, petitioners in and That Is international Partners
• 1:06:49
  Speaker 10: For ethical Care. Versus ferguson this involves a change to
• 1:06:53
  Speaker 10: laws in the State. Of washington in, the past when
• 1:06:56
  Speaker 10: a child would run away to a youth, homeless shelter
• 1:07:00
  Speaker 10: parents would have to be quickly notified and told how
• 1:07:02
  Speaker 10: their kid was and where they were so they could
• 1:07:04
  Speaker 10: come and pick, them up except for situations of abuse. Or,
• 1:07:08
  Speaker 10: Neglect well washington amended their lot to now say that
• 1:07:12
  Speaker 10: besides abuse, or neglect if the Child says i'm RECEIVING
• 1:07:15
  Speaker 10: or i want to receive gender, affirming care that triggers
• 1:07:19
  Speaker 10: the same things as if there was abuse, or neglect that,
• 1:07:22
  Speaker 10: delays notice that. Delays return it also empowers the state
• 1:07:26
  Speaker 10: to refer the child for gender. Affirming treatment and so
• 1:07:31
  Speaker 10: some parents brought suit that this violated their, parental rights
• 1:07:34
  Speaker 10: their free, speech rights their free, exercise rights and the lower, court,
• 1:07:38
  Speaker 10: said actually you don't have what's. Called standing this is
• 1:07:41
  Speaker 10: the legal doctrine that says you got to have enough
• 1:07:43
  Speaker 10: dog in, the fight you got to have enough of
• 1:07:45
  Speaker 10: an interest in order to get into. Federal courts and
• 1:07:48
  Speaker 10: they said, you.
• 1:07:49
  Speaker 7: Know this is all.
• 1:07:49
  Speaker 10: Too speculative you might have gender confused kids and one
• 1:07:53
  Speaker 10: of them has run, away before but we don't know
• 1:07:56
  Speaker 10: if they're going to run away again and to, a
• 1:07:57
  Speaker 10: shelter and so this is all. His speculative you can't
• 1:08:00
  Speaker 10: bring the suit for parents who are trying to prevent
• 1:08:05
  Speaker 10: this harm, from happening of this long separation from, their
• 1:08:08
  Speaker 10: child where this child is receiving gender firm. And treatment
• 1:08:11
  Speaker 10: So The supreme court took it after kind of declining
• 1:08:15
  Speaker 10: other cases around the country that also raise this issue
• 1:08:17
  Speaker 10: of can parents preemptively bring these suits against, these policies
• 1:08:21
  Speaker 10: maybe before they can show that their child has. Been
• 1:08:24
  Speaker 10: harmed so it's a big deal because these kind of
• 1:08:29
  Speaker 10: gender identity policies are in schools and governments around, the
• 1:08:34
  Speaker 10: country and so if ruling in favor of the parents
• 1:08:39
  Speaker 10: here would enable parents to play some offense against some of.
• 1:08:42
  Speaker 3: THESE policies i think.
• 1:08:44
  Speaker 1: That will Be a june twenty twenty. Seven case how, About,
• 1:08:48
  Speaker 1: you josh what are you looking for?
• 1:08:49
  Speaker 3: This year the biggest case is not Even. The dock
• 1:08:53
  Speaker 3: it To take commandment's Case. In texas texas pass law
• 1:08:56
  Speaker 3: manning the posting of a small piece of paper in
• 1:08:59
  Speaker 3: each classroom wall that includes a copy Of The. Ten
• 1:09:03
  Speaker 3: Commandments The fifth circuit, upheld it which means that this
• 1:09:07
  Speaker 3: will go. Into effect let's. Court intervenes this is another
• 1:09:11
  Speaker 3: case Where The burger court create all these presence with
• 1:09:13
  Speaker 3: the separation church. And state this is A called lemon
• 1:09:15
  Speaker 3: tests that you can't have any entanglement of religion. And
• 1:09:17
  Speaker 3: government And The robberts court, had, said no we're not
• 1:09:20
  Speaker 3: using a. Test anymore this will put the ruver to.
• 1:09:22
  Speaker 3: The road this is something that that's pretty much in
• 1:09:25
  Speaker 3: clear violation of passed from court precedent and text, is,
• 1:09:28
  Speaker 3: like well we're going to try. It anyways see, what
• 1:09:29
  Speaker 3: happens and they'll see Whether The roberts court is going
• 1:09:32
  Speaker 3: to stand by, they're ruling or they're willing to perhaps
• 1:09:36
  Speaker 3: take a step back, and, say Well The ten commands
• 1:09:37
  Speaker 3: is too much.
• 1:09:38
  Speaker 1: To see very. BIG case i let them take the
• 1:09:41
  Speaker 1: landing to both. Of You justin sparrin had a book out.
• 1:09:43
  Speaker 1: This year she was my guest on. The program she
• 1:09:45
  Speaker 1: was my guest At The nixon library. As well in
• 1:09:47
  Speaker 1: you Orb, BUT linda i asked her both times in.
• 1:09:49
  Speaker 1: Your concurrence in an, earlier case you asked for some
• 1:09:52
  Speaker 1: guidance on what happens if we Talked out Smith Versus,
• 1:09:55
  Speaker 1: employment division and you haven't, gotten any do you? Expect
• 1:09:58
  Speaker 1: some and, She said i'm waiting for. The academics what do, You,
• 1:10:01
  Speaker 1: think josh when we get the free? Exercise decision At
• 1:10:04
  Speaker 1: least i've been waiting For overturning smith.
• 1:10:06
  Speaker 3: This, YEAR yeah i Don't think justine there. Means it
• 1:10:09
  Speaker 3: the court just denied sirt in another case Of rule smith.
• 1:10:12
  Speaker 3: This year there's been plenty, of briefing play. Of articles
• 1:10:15
  Speaker 3: the problem Isn't that barrett. Has questions Probably stink smith.
• 1:10:17
  Speaker 3: Was right SHE'S a. Scleei clerk cleecrooks. Thinks right she
• 1:10:21
  Speaker 3: can tell her she as much as she wants. Us
• 1:10:22
  Speaker 3: questions there's plenty of guidance. For it it's not going,
• 1:10:25
  Speaker 3: to work it's not going.
• 1:10:26
  Speaker 10: To matters there may be there may be a chance
• 1:10:30
  Speaker 10: to Pair back smith in a Case Called saint Mary,
• 1:10:33
  Speaker 10: versus roy where the court is again going to be
• 1:10:36
  Speaker 10: dealing with some free. Exercise challenges and that's kind of
• 1:10:39
  Speaker 10: what the court has been Doing since smith is finding
• 1:10:41
  Speaker 10: exceptions to it and making it less and. Less relevant
• 1:10:46
  Speaker 10: so we might see that, this TERM but i. Don't
• 1:10:50
  Speaker 10: know we're not going To see smith over rule.
• 1:10:51
  Speaker 1: This, term well let me thank. You Both james phillips
• 1:10:54
  Speaker 1: Currently At share jaffie but soon have Started Saying Thomas
• 1:10:58
  Speaker 1: josh Blackman At South texas law and my best favorite
• 1:11:02
  Speaker 1: casebook author Along With randy Barnett for Cases. And materials
• 1:11:06
  Speaker 1: thanks to, you both the next gen smart guys come
• 1:11:08
  Speaker 1: back often and early throughout the.
• 1:11:10
  Speaker 7: Next term