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Speaker 1: It's that time. Time, time, time, luck and load.

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Speaker 2: The Michael Very.

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Speaker 1: Show is on the air. Jan's ready for you.

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Speaker 3: Okay, bring it home now, and don't forget the new

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Speaker 3: black Man phrase I touched.

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Speaker 1: Yes, sir, remember that. I'll be right outside if.

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Speaker 2: You need me. All right, Yeah, I tell Mike some

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Speaker 2: new phrases I wanted to get to raise it.

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Speaker 1: Just help us. It's a historic day that you have

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Speaker 1: lived through.

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Speaker 3: It's a day that will be a jeopardy question years

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Speaker 3: from now. For the first time in American history, a

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Speaker 3: sitting United States president attended oral arguments before the Supreme Court.

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Speaker 3: There have been presidents who have visited the Supreme Court,

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Speaker 3: but never to hear an oral argument in a case.

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Speaker 3: And it's an important case, and it strikes at the

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Speaker 3: very basis of our being. If the Chinese government sends

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Speaker 3: Chinese citizens to the United States on a tourist visa,

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Speaker 3: and when they arrive, turns out they're pregnant and about

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Speaker 3: to give birth, and they go to a clinic that's

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Speaker 3: been set up, and there's an apartment that's been set up,

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Speaker 3: and they have a baby, and the United States has decided, well,

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Speaker 3: we'll say that baby's a US citizen and everything that

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Speaker 3: goes with it, the same way you're a US citizen

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Speaker 3: the same way if your grandpa fought in World War

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Speaker 3: Two and your daddy fought in Vietnam, and your mother

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Speaker 3: has taught school here and your family's paid taxes for

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Speaker 3: one hundred years or more, they're just as much a citizen.

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Speaker 1: Well what if we know they're doing that?

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Speaker 2: It's called.

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Speaker 1: Birth tourism. What are we to do?

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Speaker 3: So the case appears before the United States Supreme Court,

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Speaker 3: President Trump showed up because birthright citizenship, the idea that

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Speaker 3: you would have the right to be a citizen simply

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Speaker 3: by being born on American soil, has been abused. Just

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Speaker 3: like everything else in this country, the things we do

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Speaker 3: for our people are abused by foreign cultures and people

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Speaker 3: and governments. This is the Somalis coming to Mogadishu, Minnesota

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Speaker 3: and abusing with the Leering Center and others defrauding our

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Speaker 3: after school care, our home health care. This is people

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Speaker 3: abusing that which we wanted to provide to each other

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Speaker 3: because in other countries they seek to steal that which

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Speaker 3: is our Never be ashamed to speak out against that.

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Speaker 3: We'll talk about that case and why the President was

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Speaker 3: there in a bit. But first for something just a

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Speaker 3: little bit different. You didn't see this one coming. Remember

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Speaker 3: Mariy Povich and his show and Who's the Daddy and

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Speaker 3: all that craziness. Well he has a new podcast and

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Speaker 3: here just to give you a sense of what the

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Speaker 3: Mari povidch show was like, here's last week tonight, a

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Speaker 3: montage of guest callouts from Mariy Povich's show to get

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Speaker 3: you in the right mood for this.

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Speaker 4: Are you a misstress he's in love with a married

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Speaker 4: man and didn't want him to choose once and for

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Speaker 4: all between you and his wife.

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Speaker 1: It's so call the mari Show. Are you a woman

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Speaker 1: dating a much.

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Speaker 4: Younger man and you suspect he's using you for your

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Speaker 4: money and a place to live.

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Speaker 3: Are you a woman dating a much younger man and

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Speaker 3: you suspect he's cheating on you?

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Speaker 4: You're father dating a much younger woman and you think

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Speaker 4: she's cheating on him. Are you convinced your daughter's boyfriend

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Speaker 4: or husband is cheating on her? You convinced your mother

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Speaker 4: is having sex with your boyfriend or husband. Are you

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Speaker 4: a man who feels it's your right to control your

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Speaker 4: wife or girlfriend?

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Speaker 3: There a possibility of two or more men being the

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Speaker 3: father of your child. Is there a possibility that one

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Speaker 3: of two brothers is.

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Speaker 1: The father of your child eighteen years or older? And

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Speaker 1: the man you believe is your father claims he.

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Speaker 4: Isn't He didn't get pregnant from a one night stand

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Speaker 4: that was set up on a dating Does your child

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Speaker 4: look like they belonged to another race and another woman's

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Speaker 4: husband get you pregnant? Are you a grandmother who loves

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Speaker 4: wearing sexy and revealing clothes and it's driving your family crazy?

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Speaker 3: So Mari Povich, like everyone else, has a podcast and

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Speaker 3: the first episode, well I didn't think Mariy Povich could

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Speaker 3: surprise me, but it does. Mariy Povich has as his

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Speaker 3: first guest on his show and by the way, it's

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Speaker 3: meant to generate interest, and it has. It's meant to

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Speaker 3: get us to talk about it, and we are. But

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Speaker 3: I had to do this. Mari Povich had his wife,

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Speaker 3: Connie Chung on his first podcast and by the way,

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Speaker 3: he kind of calls her out for sleeping with, among

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Speaker 3: other people, Warren Baby.

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Speaker 1: He became a big star. Well, no, I mean whatever,

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Speaker 1: and you kind of messed around with stars. Oh you didn't. No,

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Speaker 1: I didn't mess around with stars. I think you can

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Speaker 1: name a few. No, I'm not no, No, I did

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Speaker 1: not mess around with them. I knew them. You messed

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Speaker 1: around with them. It's in the book. But Warren Baby,

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Speaker 1: you know what my sister said about Warren Baby. Yes,

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Speaker 1: he who came to California. I had to go through him.

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Speaker 1: It was like an immigration system.

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Speaker 3: Now, I'm not sure what's worse that that is in

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Speaker 3: fact probably true, or that they sat in the room

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Speaker 3: and said, what could we say?

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Speaker 1: That will shock people so much?

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Speaker 3: If we carry it off like it's happening naturally, that

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Speaker 3: will get.

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Speaker 1: People talking about your stupid new podcast.

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Speaker 3: Right, here's what we'll do, and you'll say this, and

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Speaker 3: I'll say this. It's all performative. The BOOKI theater. But

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Speaker 3: it is kind of a good story. Like I got

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Speaker 3: a decent butt and I had to be ashamed of

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Speaker 3: my butt. It's not sagging or anything like that. Michael Berries,

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Speaker 3: it's not great, you know. I mean, I couldn't be

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Speaker 3: a button model, but it's not a bad buffore. I

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Speaker 3: began this morning show with a statement that I believed

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Speaker 3: to be true that President Trump was the first president

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Speaker 3: to attend arguments before the Supreme Court, and several listeners said,

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Speaker 3: that's not true. There have been presidents who have been

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Speaker 3: to Supreme Court before. I have done my research and

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Speaker 3: come to the conclusion that there are occasions, including Donald

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Speaker 3: Trump himself, where a president has been before.

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Speaker 1: The Court for formal.

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Speaker 3: Ceremonies, investitures, and other items, but never when a president

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Speaker 3: attended an oral argument, making this a very, very, very

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Speaker 3: historic day. But we now go to the ultimate arbiter

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Speaker 3: of all things, Supreme Court. The national expert on scotis,

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Speaker 3: as it were, a professor Josh Blackman of the esteemed

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Speaker 3: South Texas College of Law. Welcome to the program, sir,

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Speaker 3: Thank you for having me, Welcome back. Always a pleasure

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Speaker 3: to have mister smarty pants with us. So my understanding

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Speaker 3: is this is the first time a president has attended

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Speaker 3: an oral argument before the Supreme Court.

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Speaker 2: Correct, that's right.

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Speaker 5: Some future presidents have actually argued for the Supreme Court.

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Speaker 5: Abraham Lincoln, are you for the Supreme Court? Richard Nixon?

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Speaker 5: Are you for the Supreme Court? But not while they

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Speaker 5: were in office. So this is the first time, we

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Speaker 5: think ever that a sitting president sat in the Supreme

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Speaker 5: Court argument and more importantly, this was not just a

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Speaker 5: random case. This was a centerpiece of Donald Trump administration.

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Speaker 5: And he was seeing there right I think in the

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Speaker 5: front row of the gallery, watching the justices asked questions

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Speaker 5: about as his executive order.

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Speaker 3: I'm going to ask you a non legal question, and

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Speaker 3: you're always loathed to speak, or at least reluctant to

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Speaker 3: speak on the issue, but I'm gonna ask you to

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Speaker 3: do it anyway. Why do you think he went to

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Speaker 3: the Supreme Court today?

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Speaker 5: You know, some people speculate his transmittivity to justices with

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Speaker 5: his presence. I don't think it made a look of

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Speaker 5: a difference. They didn't care about him being there. I

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Speaker 5: think he wanted to see what was actually like for

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Speaker 5: his argument to be presented before the High Court. I

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Speaker 5: think he was just kind of curious, and think he

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Speaker 5: had a curiosity among anything else. And you know, if

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Speaker 5: he's going to lose this case, as everyone told him

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Speaker 5: he was going to lose, you want to see it

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Speaker 5: with his own eyes now as it turns up. According

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Speaker 5: to reports, he didn't stick around the entire case. The

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Speaker 5: argument went about two hours in change. He left about

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Speaker 5: an hour into it after the government lawyer sat down so.

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Speaker 2: He didn't wait till the end. He didn't wait to

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Speaker 2: see the a cel you lawyer make the argument he

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Speaker 2: might have wants to vote too early.

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Speaker 5: I think actually the the argument for the a CELU

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Speaker 5: lawyer went a little bumpy, but he left.

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Speaker 2: And you know, he's got subs to you. Today.

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Speaker 5: We have art miss launching today, we have a he's

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Speaker 5: even a prime time addressing ron this Evening's a lot

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Speaker 5: going on. So I think, you know, he's the president.

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Speaker 5: He gave an hour of a time to watch this.

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Speaker 5: I think that's that's significant.

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Speaker 3: Yeah, I think it's significant. And obviously he knows it

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Speaker 3: is significant. We've we've discussed many times on the program.

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Speaker 3: He understands messaging, and he understands pageantry and appearances and symbolism,

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Speaker 3: and he understood the importance of this historic visit by

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Speaker 3: the president during oral arguments. Let's get into why this

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Speaker 3: case is so important. What is Trump versus Barbara For

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Speaker 3: the non initiated, non lawyer, non law school professor, Let's

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Speaker 3: talk about the case itself.

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Speaker 2: Right, So, here's the issue.

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Speaker 5: If a person is born in the United States and

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Speaker 5: their parents are not here legally, parents are legal aliens.

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Speaker 2: Is the child a citizen at birth.

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Speaker 5: I think virtually every president since Salsis Grant or so

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Speaker 5: has acknowledged that, yes, say, a child born here to

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Speaker 5: parents who are not citizens is going to be a citizen.

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Speaker 5: But for one hundred and you know, sixty something years

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Speaker 5: since the eighteen sixties, there's been another argument that people

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Speaker 5: have advanced forcefully that the fourteenth Amendment of the Constitution

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Speaker 5: only give citizenship to those who are subject to our jurisdiction.

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Speaker 5: That's a language used in the Constitution to your subject

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Speaker 5: our jurisdiction. And that doesn't just mean you know, you're

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Speaker 5: here subject our laws. It means you have no divided loyalty, right.

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Speaker 5: You know, For example, birth tourism, which is a thing

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Speaker 5: their entire businesses in China that send mothers you're who

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Speaker 5: are pregnant for the sole purpose sitting around waited to

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Speaker 5: give birth, They give birth and then go back to China.

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Speaker 2: Right.

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Speaker 5: They have no intent to saying here. They just want

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Speaker 5: their kids to have US citizenship. You know, is this

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Speaker 5: accidental tourist as you might call them, going to disto citizenship.

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Speaker 5: President Trump did something different. He put an executive order

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Speaker 5: last year where he said, going forward, the risk government

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Speaker 5: will not recognize the citizens those born to legal aliens.

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Speaker 2: We will not give you a passport.

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Speaker 5: We will not give you a Social Security card, and

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Speaker 5: so on. The courts immediately stopped it. Just talked about

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Speaker 5: every court set stops ups up. Even in a matter

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Speaker 5: of hours.

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Speaker 2: They stopped it.

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Speaker 5: And its issue has been penning now since Chanuar of

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Speaker 5: twenty twenty five for more than a year. Now the

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Speaker 5: true court finally gets resolved of the question.

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Speaker 3: Let's get a little granular in this. I'm going to

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Speaker 3: read the fourteenth Amendment. Obviously, you know it an amendment

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Speaker 3: to the United States Constitution, which reads all persons born

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Speaker 3: or naturalized in the United States and subject to the

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Speaker 3: jurisdiction thereof are citizens of the United States and of

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Speaker 3: the state wherein they reside, and then goes into further

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Speaker 3: details of what canon can't be done. Let's talk about

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Speaker 3: what it means to be natural We know what it

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Speaker 3: means to be born in the United States. Say there's

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Speaker 3: your hospital, your birth, your birth occurs. What is naturalized

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Speaker 3: in the United States?

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Speaker 5: Naturalizations of process by which you get in the ship

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Speaker 5: by some law of Congress. So you know, the classic

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Speaker 5: example is you move here. You know you apply for citizenship,

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Speaker 5: you had a green card. You thrill the tests and

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Speaker 5: you pass everything, and they naturalize you. You take an

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Speaker 5: oath assiszenship, you raise your hand, you say, I swear

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Speaker 5: that I will be a citizen, I'll be faithful, and

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Speaker 5: so on. He can also be naturalized at birth. This

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Speaker 5: is sort of strange. So consider our dear Senator Ted Cruz, who,

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Speaker 5: as you might recall, was born in Calgary, but he

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Speaker 5: was born to an American parent. His mom was a

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Speaker 5: U citizen, his father was Cuban. Mom was an American

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Speaker 5: citizen who was born in Calgary. Under the law that

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Speaker 5: exists at a time that Ted Cruz was born, he

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Speaker 5: was assiszen immediately. He was naturalized at birth. He was

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Speaker 5: assistant right away, so John McCain, also another.

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Speaker 1: President of Canada.

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Speaker 2: He was born in the Panama Canal.

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Speaker 5: Exactly in the Panama Canal zone, which was basically a

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Speaker 5: mill translation back when you're on the Panama Canal. He

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Speaker 5: was not born in US soil, and there too was

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Speaker 5: argue that he was an assistant at birth. In fact,

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Speaker 5: Romney's father also ran for president. He was not born

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Speaker 5: in the United States. He was born in Mexico, so

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Speaker 5: We've had a good number of people who are not

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Speaker 5: born in real well on Friday time, President. I mean,

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Speaker 5: here's the curious part, though, Why would let's just assume

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Speaker 5: Obamba was born in Africa. I don't think he was.

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Speaker 5: Let's just assume that for a minute. Why would Ted

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Speaker 5: Cruz be a citizen but Obama not. It's curious because

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Speaker 5: at the time, Obama's mom was very young, and the

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Speaker 5: laws of times said that you had to be a

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Speaker 5: certain age intern number of residents the United States to

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Speaker 5: get SIP to a kid born overseas. So under law

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Speaker 5: and effect the time, had Obama been born in Africa,

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Speaker 5: he would not have been a citizen at birth. I

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Speaker 5: think he was born in the United States, but we'll just.

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Speaker 2: Let that one go for now.

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Speaker 1: Hold with me for just a moment.

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Speaker 3: Professor Josh Blackman is not only our show Supreme Court expert.

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Speaker 3: He is nationally recognized and renowned as a Supreme Court expert.

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Speaker 3: You've probably seen him on Fox News, been on a

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Speaker 3: number of programs, and we're always honored to have him

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Speaker 3: join us of the South Texas College of Law. Will

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Speaker 3: continue our conversation with him about the case for which

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Speaker 3: oral arguments were held in the Supreme Court today. This

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Speaker 3: is a historic day. A sitting president sat during oral

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Speaker 3: arguments in the United States Supreme Court.

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Speaker 1: Big deal.

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Speaker 3: We will remember this for years to come. Coming up,

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Speaker 3: Professor Josh Blackman is our esteemed guest.

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Speaker 1: He is a.

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Speaker 3: Professor of law at the South Texas College of Law,

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Speaker 3: a very very well respected law school based in Houston,

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Speaker 3: known nationally for as a mill a manufacturing facility of

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Speaker 3: great litigators. That is courtroom lawyers. Most lawyers never see,

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Speaker 3: never see a day in court. They write documents, they

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Speaker 3: sit in offices. South Texas College of Law is nationally

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Speaker 3: known often because they often win the national championship. There

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Speaker 3: was a dean there by the name of Gerald Trece

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Speaker 3: who was an esteemed dean and a dear friend of

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Speaker 3: mine and a great great man who personally trained lawyers

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Speaker 3: who came through that law school over the years who

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Speaker 3: would go on to win the national championships. They would

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Speaker 3: beat Harvard and Stanford and the University of Texas and

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Speaker 3: all sorts of other schools. Is an amazing litigation law

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Speaker 3: school and that's where Professor Josh Blackman applies his trade.

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Speaker 3: As it were, the birthright citizenship case before the Supreme

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Speaker 3: Court today. Why do you think that made it to

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Speaker 3: the Supreme Court now? I mean, this has been an

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Speaker 3: issue that we've sort of grappled with for quite some time.

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Speaker 3: Why do you think the Supreme Court can choose which

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Speaker 3: cases they hear and don't. What do you think they

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Speaker 3: were trying to establish by even hearing this court in

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Speaker 3: this case?

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Speaker 5: So this is actually, Michael, the second time this case

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Speaker 5: has come to the Supreme Court. The first we talked

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Speaker 5: about it last year was in a nationwide injunction issue.

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Speaker 5: Remember this one where's in a single judge in Boston

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Speaker 5: and San Francisco basically buying the entire government everywhere in

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Speaker 5: the world, these new suad injunctions. And that case actually

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Speaker 5: came to the Court on the birthright scisionship issue because

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Speaker 5: you had the judges in you know, Seattle and els

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Speaker 5: are saying okay, no birthright decisionship anywhere. Texas didn't challenge

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Speaker 5: this is this policy. Texas will loved this policy go

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Speaker 5: into effect. But still in Texas the law was blocked

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Speaker 5: and the Streme Court said, Okay, no more nachwad injunctions.

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Speaker 5: So now the issues coming back on the merit is

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Speaker 5: the order itself legal. Why did the court take it?

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Speaker 5: I think they had to write all the lower courts

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Speaker 5: said this law is illegal, the executive order was illegal,

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Speaker 5: and then the US government said the Supreme Court, this

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Speaker 5: is urgent. We need you to take this case. And

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Speaker 5: they granted it. I mean, they sort of held on

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Speaker 5: to it for a while. They scheduled arguments to April

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Speaker 5: fool Day, April first. They could have done it maybe

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Speaker 5: a few months ago, but they sort of took their time,

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Speaker 5: and I suspected are ruling.

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Speaker 2: By the end of June on this matter.

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Speaker 1: Interesting.

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Speaker 3: I know this is a tough question, but you are

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Speaker 3: respected as someone who knows the jurisprudence, the background, the leanings,

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Speaker 3: the biases to the extent one can of Supreme Court

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Speaker 3: justices a six' to Three Republican, democrat if you, will

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Speaker 3: conservative liberal court that very rarely goes six to three our.

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Speaker 1: Way where do you think this comes?

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Speaker 5: OUT i mean, again SO i listened to it the arguments,

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Speaker 5: today about two hours of. Length and you, know sometimes

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Speaker 5: predictions are hard to. Make BUT i don't Think trump

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Speaker 5: wins this, one AND i think he loses quite. Badly

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Speaker 5: IF i had to guess right now that it was

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Speaker 5: probably seventy to. TWO i think Just toledo and just

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Speaker 5: The Thomas Lene, dessent and they WILL i think rule For.

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Speaker 5: TRUMP i think all three of The trump, Appointees, Kavanaugh,

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Speaker 5: barrett And gorsic will rule Against trump and in varying.

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Speaker 2: Degrees DO i have some.

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Speaker 5: Nuances and different to their, opinion but they seem too

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Speaker 5: much harder at a government.

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Speaker 2: Lawyer than they were in the lawyer for THE.

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Speaker 5: ACLU i just have to Imagine trump sitting there watching

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Speaker 5: these people he appointed the most important issue of his,

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Speaker 5: presidency and they're just grilling his, lawyer And he's, like,

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Speaker 5: name what DID i do? Wrong you, know.

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Speaker 2: Who are the people that advised?

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Speaker 5: Him did anyone ask any of these people they thought

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Speaker 5: about like this ISSUE i actually care? About And he's

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Speaker 5: probably feel a little like you still a bill of.

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Speaker 2: Goods i'm going.

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Speaker 3: To ask you to wear a slightly political hat instead

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Speaker 3: of a purely judicial. Hat, here law school, Professor i'm

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Speaker 3: going to ask you to bring in some political to your.

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Speaker 3: Leanings but when you look at where his three appointments

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Speaker 3: land on the issue of originalist jurisprudence and sort of

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Speaker 3: traditionally Conservatives Scalia thomas And.

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Speaker 1: ALITO i mean it furnished him.

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Speaker 3: Jurisprudence these three justices of his have often disappointed those

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Speaker 3: of us in The Clarence thomas And Antonin Scalio scalia.

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Speaker 1: Camp they really.

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Speaker 3: Don't they're not going to be measured based on what

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Speaker 3: they've done so far as real conservative, stalwarts are They.

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Speaker 1: NO i mean.

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Speaker 2: It's sort of.

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Speaker 5: Ironic whenever someone Asked trump at The Supreme, Court helay, says,

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Speaker 5: oh you, KNOW i Love Justice, THOMAS i Love Justice.

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Speaker 5: Alito the ones he didn't pick, Right these Were bush,

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Speaker 5: appoints These bush forty one To bush forty. Three he

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Speaker 5: rarely ever talks his. Own he was very happy With

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Speaker 5: kavanaugh As Kavanaugh rokes on.

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Speaker 2: A twres, case But gorcis And barratt did.

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Speaker 5: Not AND i, Think, michael this is. Important if you

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Speaker 5: remember back in twenty, sixteen After sclia, Died trump put

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Speaker 5: up these lists of judges right And trump and knowing these,

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Speaker 5: people he knew who these people, were so he relied

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Speaker 5: on people to give him names put in this, list

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Speaker 5: and he.

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Speaker 2: Served didn't you know what he was? Doing? Then he

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Speaker 2: was a, newcating new. POLITICIAN i think.

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Speaker 5: A lot of the people who helped with that list

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Speaker 5: were very concerned about you, know WHAT i might call business,

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Speaker 5: issues issues affect, industry, right regulatory, issues the administrative, state

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Speaker 5: things that Most americans couldn't even.

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Speaker 2: Name and so it's not.

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Speaker 5: Surprising when you pick people with this sort of litmus,

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Speaker 5: test they're not With trump and other. Stuff in other,

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Speaker 5: words what's been what's Been trump's signature issue? Forever immigration? Tariffs,

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Speaker 5: right if you, said what Are trump's two most important?

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Speaker 5: Issues immigration tarrists for decades didn't talk about immigration. Terrorists

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Speaker 5: it's a, issue and.

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Speaker 2: None of it.

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Speaker 5: Is Streme court justices were vetted on this ground that

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Speaker 5: that wasn't what they were been asked. About they were

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Speaker 5: asked the things that might matter to some legal, conservatives

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Speaker 5: but not the.

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Speaker 2: President.

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Speaker 5: YEAH i think what we're seeing Is trump, saying you know,

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Speaker 5: What i'm the, president you're not the, president And i'm

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Speaker 5: not picking these people that you want to.

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Speaker 2: Pick AND i think that will.

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Speaker 5: Affect how any future nominees are you, know are.

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Speaker 2: Selected you, know.

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Speaker 3: If you say anything other Than trump is the greatest

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Speaker 3: great in the history of, greatness and he's, great and

404
00:21:00,480 --> 00:21:02,439
Speaker 3: he's always, great and his toenails are great and his

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Speaker 3: hair is great and his teeth. Great then there's a

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Speaker 3: certain part of our audience it gets upset that you're

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Speaker 3: not Worshiping trump. Properly this is not meant as an.

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Speaker 3: Insult it's an observational, statement AND i believe it to be.

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Speaker 3: True trump is not what would be called intellectually a,

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Speaker 3: conservative a, traditionalist an. Originalist he doesn't think in those.

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Speaker 3: Terms he's very. Transactional now he has a gut sense

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Speaker 3: of right and, wrong and this disappeals to his gut.

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Speaker 3: Sense but his justice is and AND i Think kavanaugh

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Speaker 3: is the best example of.

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Speaker 1: This are are very.

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Speaker 3: Transaction not. Transactional they're very middle of the road and

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Speaker 3: not so deep as. Thinkers this is a this is

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Speaker 3: our problem With John. ROBERTS i think that they find

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Speaker 3: themselves in a situation where they just kind of want

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Speaker 3: things to work out. Well and you, KNOW i think

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Speaker 3: of the OLD. M. F buckley line of a, conservative you,

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Speaker 3: know stands in the way of what's happening and says,

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Speaker 3: stop you, know the problems be. Damned it's sort of

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Speaker 3: what we need is a strict father figure justice who

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Speaker 3: says this is right and this is, wrong in the

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Speaker 3: Way scalia would have and now Especially thomas. Does and

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Speaker 3: As Justice thomas famously said during his speech a few years,

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Speaker 3: Ago north is Still, north even in a. Storm AND

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Speaker 3: i feel Like kavanaugh is the best example of this

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Speaker 3: is that there's this sort of idea of, well.

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Speaker 1: You, Know, roberts you go back to To.

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Speaker 3: Obamacare, Well obamacare is, unconstitutional but let's find a way

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Speaker 3: to shoehorn it and make it, work because it'll just

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Speaker 3: be a lot of work and we want everybody to get.

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Speaker 3: Along and by the, way that was the basis of

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Speaker 3: a lot of civil rights, laws some of which were.

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Speaker 1: Actually unconstitutional and could have been. Fixed hold with us

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Speaker 1: for just a.

439
00:22:49,680 --> 00:22:52,480
Speaker 3: Moment Professor Josh blackman of The South Texas college Of,

440
00:22:52,560 --> 00:22:55,880
Speaker 3: law mister smarty pants for the show and A Supreme court.

441
00:22:55,880 --> 00:23:03,080
Speaker 1: EXPERT i feel super connected to Loan.

442
00:23:04,000 --> 00:23:05,040
Speaker 2: Michael berries.

443
00:23:08,800 --> 00:23:11,919
Speaker 3: Our pleasure to join for our third and final of

444
00:23:11,960 --> 00:23:15,320
Speaker 3: the day. Segment Professor Josh blackman of The South Texas

445
00:23:15,359 --> 00:23:19,639
Speaker 3: college Of, Law Supreme court. Expert we were talking about

446
00:23:19,680 --> 00:23:24,119
Speaker 3: these three Justices, Gorsuch, Amy, Cony, barrett And Brett. Kavanaugh

447
00:23:24,280 --> 00:23:27,640
Speaker 3: some of you will remember there was a real cat

448
00:23:27,680 --> 00:23:31,040
Speaker 3: fight to keep them off the court And democrats knew

449
00:23:31,119 --> 00:23:36,440
Speaker 3: these weren't real. Conservatives these Weren't Justice, Thomas these weren't Antonin,

450
00:23:36,480 --> 00:23:39,920
Speaker 3: scalia my favorite justice of all. Time to a slightly less,

451
00:23:39,960 --> 00:23:43,840
Speaker 3: Extent Justice, alito these were middle of the, road milk toast.

452
00:23:43,960 --> 00:23:46,960
Speaker 3: Conservatives these are guys that are they're going to side

453
00:23:47,359 --> 00:23:50,440
Speaker 3: with whatever is kind of convenient and not what's necessarily.

454
00:23:50,440 --> 00:23:55,320
Speaker 3: Constitutional it's very, Frustrating Professor, BLACKMAN i wanted to wrap

455
00:23:55,400 --> 00:23:58,240
Speaker 3: up the birthright citizenship case and move on to some.

456
00:23:58,280 --> 00:24:00,240
Speaker 1: Others but was there anything we didn't get to that

457
00:24:00,280 --> 00:24:00,720
Speaker 1: you wanted to?

458
00:24:00,760 --> 00:24:00,960
Speaker 2: Say?

459
00:24:03,720 --> 00:24:06,679
Speaker 5: Right, SO i think the sort of the lingering issue

460
00:24:06,720 --> 00:24:10,720
Speaker 5: here is what was the reason why The Fourteenth? Amendment,

461
00:24:11,359 --> 00:24:14,360
Speaker 5: right keep in, mind we had a civil.

462
00:24:14,040 --> 00:24:16,320
Speaker 2: War which is what of our, slavery.

463
00:24:16,840 --> 00:24:19,560
Speaker 5: And the sort of the crowning victory of The Civil

464
00:24:19,600 --> 00:24:22,320
Speaker 5: war was the Thirteenth amendment to The. Constitution this Is

465
00:24:22,359 --> 00:24:27,920
Speaker 5: President lincoln's greatest. Triumph he helped to pass an amendment

466
00:24:27,960 --> 00:24:30,960
Speaker 5: that abolished slavery in The United, states but it wasn't

467
00:24:31,040 --> 00:24:36,440
Speaker 5: enough to abolish. Slavery The Fourteenth amendment ensured that people born.

468
00:24:36,200 --> 00:24:37,479
Speaker 2: In The United states would be.

469
00:24:37,600 --> 00:24:40,760
Speaker 5: Citizens they would have all the rights and privileges of,

470
00:24:40,840 --> 00:24:44,680
Speaker 5: citizens and The trump lawyers argued the purpose of the

471
00:24:44,680 --> 00:24:47,400
Speaker 5: Fourteenth amendment was to get citizenship to the free blacks

472
00:24:47,680 --> 00:24:51,200
Speaker 5: and the free. Slaves that was the. Purpose it wasn't

473
00:24:51,240 --> 00:24:54,359
Speaker 5: to reward the accidental tourus with the citizenship or a

474
00:24:54,400 --> 00:24:56,920
Speaker 5: person who comes here and breaks our, laws from immigration

475
00:24:57,040 --> 00:24:59,560
Speaker 5: laws and has children to give them also.

476
00:25:00,080 --> 00:25:03,200
Speaker 2: Citizenship but on the flip.

477
00:25:02,960 --> 00:25:06,120
Speaker 5: Side for almost one hundred and something, years the executive,

478
00:25:06,160 --> 00:25:08,440
Speaker 5: branch that doesn't matter what your parents are, domicile doesn't

479
00:25:08,480 --> 00:25:10,080
Speaker 5: matter if your parents ARE i, legally you are a.

480
00:25:10,080 --> 00:25:13,320
Speaker 5: Citizen you're here right right. Away AND i think at

481
00:25:13,359 --> 00:25:17,280
Speaker 5: this point there'ferent so much sort of practice just baked into.

482
00:25:17,359 --> 00:25:19,400
Speaker 5: Society it's very hard to change.

483
00:25:19,520 --> 00:25:20,359
Speaker 2: Course you.

484
00:25:20,400 --> 00:25:22,040
Speaker 5: Know one of the questions, was you, know if a

485
00:25:22,040 --> 00:25:24,000
Speaker 5: woman gets birth in the, hospitals you, start you, know

486
00:25:24,119 --> 00:25:27,200
Speaker 5: deposing or asking your questions about, well were you, born,

487
00:25:27,240 --> 00:25:28,520
Speaker 5: where we show me your papers and so.

488
00:25:28,600 --> 00:25:31,679
Speaker 2: On the current rule is very easy to. Apply but,

489
00:25:31,800 --> 00:25:34,200
Speaker 2: again let's do both. Sides most countries.

490
00:25:33,800 --> 00:25:36,399
Speaker 5: In europe do not have birthright. Citizenship and you, know

491
00:25:36,440 --> 00:25:37,240
Speaker 5: they figured.

492
00:25:36,960 --> 00:25:45,880
Speaker 3: Out i'm gonna move. On i'm gonna move. On there's

493
00:25:45,880 --> 00:25:48,280
Speaker 3: so many THINGS i want to bring on this case

494
00:25:48,400 --> 00:25:53,840
Speaker 3: regarding gay conversion theory out Of. Colorado can you talk

495
00:25:53,880 --> 00:25:57,000
Speaker 3: a little about. That, yeah this is a wild.

496
00:25:57,080 --> 00:26:00,360
Speaker 5: Case SO i listened to show yes or you don't

497
00:26:00,359 --> 00:26:03,399
Speaker 5: know what's just gender means to translate your.

498
00:26:03,880 --> 00:26:09,840
Speaker 2: Lingo so In colorado they have a. Law let's say

499
00:26:09,840 --> 00:26:10,000
Speaker 2: you have.

500
00:26:10,000 --> 00:26:13,639
Speaker 5: A miner who is having doubts about their sexuality and their.

501
00:26:13,680 --> 00:26:17,680
Speaker 5: Gender if they go to a therapist and SAY i

502
00:26:17,720 --> 00:26:19,800
Speaker 5: am a biological, male BUT i want to become a.

503
00:26:19,800 --> 00:26:22,760
Speaker 5: Female the therapist who, say, oh we are here for.

504
00:26:22,840 --> 00:26:24,560
Speaker 5: You we're going to support, you we will affirm. You

505
00:26:25,040 --> 00:26:28,000
Speaker 5: i'm going to write your prescription for hormone. Blockers we'll

506
00:26:28,040 --> 00:26:31,000
Speaker 5: get you a surgery set. Up you, know the therapist

507
00:26:31,040 --> 00:26:35,400
Speaker 5: can be to do whatever needs to do to affirm

508
00:26:35,680 --> 00:26:38,640
Speaker 5: changing or purporting to change your. Gender let's say now

509
00:26:38,640 --> 00:26:42,440
Speaker 5: it's the, opposite, Right let's say it's a person's a biological.

510
00:26:42,480 --> 00:26:45,119
Speaker 5: Male it, says you, Know i'm having these feelings LIKE

511
00:26:45,160 --> 00:26:47,040
Speaker 5: i might be a, woman but you, KNOW i really

512
00:26:47,119 --> 00:26:48,439
Speaker 5: Think i'm a man AND i want to stay. Man

513
00:26:48,480 --> 00:26:52,040
Speaker 5: can you deal with my, feelings feel my. Emotions colorado, says,

514
00:26:52,080 --> 00:26:54,679
Speaker 5: no you can't do. That you cannot help a person

515
00:26:54,800 --> 00:26:57,720
Speaker 5: feel comfortable their own, body but you can help that

516
00:26:57,800 --> 00:27:03,200
Speaker 5: person transition to a different. Sex that was the actual

517
00:27:03,240 --> 00:27:06,760
Speaker 5: color out of. Law it's sort of to describe as

518
00:27:06,800 --> 00:27:10,920
Speaker 5: to answer the. Question not eight to. One Supreme court

519
00:27:11,080 --> 00:27:15,159
Speaker 5: said that laws on, constitution you can't pick one side

520
00:27:15,280 --> 00:27:18,440
Speaker 5: of an issue and not the. Other Only Justice Katanji

521
00:27:18,480 --> 00:27:24,199
Speaker 5: Brown jackson was in dissent and she, said, uh you

522
00:27:24,200 --> 00:27:26,280
Speaker 5: know this is this law is perfetly find to the

523
00:27:26,280 --> 00:27:28,159
Speaker 5: regulation of medicine and we're helping the.

524
00:27:28,240 --> 00:27:33,000
Speaker 3: Children so you would consider that case for A trump

525
00:27:33,119 --> 00:27:34,240
Speaker 3: for Most trump, supporters a.

526
00:27:34,320 --> 00:27:38,879
Speaker 5: Victory, yeah this is a common sense, one, RIGHT i,

527
00:27:38,880 --> 00:27:42,400
Speaker 5: mean if this is a free speech, case it wasn't

528
00:27:42,400 --> 00:27:46,919
Speaker 5: even any of that. Sexuality the usual rule is you

529
00:27:46,960 --> 00:27:49,080
Speaker 5: can't take one side of the. Debate you can't have

530
00:27:49,160 --> 00:27:51,840
Speaker 5: a law saying all, right if you're pro, transgender you

531
00:27:51,840 --> 00:27:54,000
Speaker 5: can't have, speech but if you're anti transgender you can't.

532
00:27:54,000 --> 00:27:57,080
Speaker 5: Speech that can't be the, rule and sort of sort

533
00:27:57,119 --> 00:27:59,399
Speaker 5: of striking that this one even went to The Supreme.

534
00:27:59,400 --> 00:28:04,919
Speaker 3: Court you've got the voting rights Case louisiana Versus cala

535
00:28:05,160 --> 00:28:06,320
Speaker 3: Or robinson Versus.

536
00:28:06,359 --> 00:28:09,240
Speaker 1: Cala every want to style it about.

537
00:28:08,880 --> 00:28:11,840
Speaker 3: These districts that were CREATED i think probably came out

538
00:28:11,880 --> 00:28:13,960
Speaker 3: of The Voting Rights. Act but really it's just, saying all,

539
00:28:14,040 --> 00:28:15,840
Speaker 3: right we're going to have we're going to elect a black.

540
00:28:15,880 --> 00:28:17,800
Speaker 3: Congressman so what we're going to do is we're going

541
00:28:17,880 --> 00:28:21,120
Speaker 3: to jerrymander this district to put to just go get

542
00:28:21,200 --> 00:28:24,399
Speaker 3: enough blacks from this district, district so we elect, blacks

543
00:28:24,440 --> 00:28:25,920
Speaker 3: which is as racist as you can.

544
00:28:25,960 --> 00:28:27,399
Speaker 1: Get where do you think that falls?

545
00:28:27,440 --> 00:28:31,240
Speaker 5: Out, well if this case in penning for a long,

546
00:28:31,280 --> 00:28:35,200
Speaker 5: Time michael Argued, OCTOBER i think. Fifteenth and so we're

547
00:28:35,200 --> 00:28:39,080
Speaker 5: now like at month, six and it's should be the sidle,

548
00:28:39,080 --> 00:28:41,800
Speaker 5: already and especially since this effects pending. Races you, know

549
00:28:41,880 --> 00:28:44,480
Speaker 5: people In mississippi And louisiana but In texas might have

550
00:28:44,640 --> 00:28:47,120
Speaker 5: districts move. Around we can know it sooner rather than.

551
00:28:47,200 --> 00:28:52,320
Speaker 5: Later SO i think it's it's an important. Ruling what's wild.

552
00:28:52,400 --> 00:28:53,200
Speaker 2: Here we've talked.

553
00:28:53,000 --> 00:28:55,360
Speaker 5: About this, before and the law Of beason says, that,

554
00:28:55,480 --> 00:28:57,800
Speaker 5: yep black people who Elect. Democrats we're going to use

555
00:28:58,720 --> 00:29:01,680
Speaker 5: the law to ensure that black people Collect. Democrats there's

556
00:29:01,880 --> 00:29:04,400
Speaker 5: nothing else to. It it's not a racial discrimination. Anymore

557
00:29:04,960 --> 00:29:07,440
Speaker 5: there's not about a poll tax or making that black tanko.

558
00:29:07,560 --> 00:29:10,320
Speaker 5: Vote it's all that ensuring that black Select, democrats AND

559
00:29:10,400 --> 00:29:13,320
Speaker 5: i think The sprink will say no. More but, look

560
00:29:13,400 --> 00:29:15,000
Speaker 5: if this rule doesn't come to the end Of, june

561
00:29:16,360 --> 00:29:18,280
Speaker 5: it might be hard to even change your districts for the.

562
00:29:18,360 --> 00:29:22,400
Speaker 5: Midterms but this is an important case and it's Likely

563
00:29:22,480 --> 00:29:24,280
Speaker 5: alito has a majority unless something weird.

564
00:29:24,320 --> 00:29:28,040
Speaker 2: Happened, Yeah alito. Has the way it works is in

565
00:29:28,120 --> 00:29:28,720
Speaker 2: a given.

566
00:29:28,600 --> 00:29:31,200
Speaker 5: Month they argue at nine or ten, cases and each

567
00:29:31,360 --> 00:29:34,040
Speaker 5: justice gets usually one assignment in a, month And alito

568
00:29:34,080 --> 00:29:37,240
Speaker 5: hasn't written anything In, october so this is probably his majority.

569
00:29:37,280 --> 00:29:40,040
Speaker 2: Opinion that something. Happened maybe lost, Sitters.

570
00:29:40,160 --> 00:29:42,760
Speaker 3: But here we go, Again Professor, Blackman here we go.

571
00:29:42,880 --> 00:29:46,840
Speaker 3: Again we delay this thing until right before the, election

572
00:29:47,960 --> 00:29:51,440
Speaker 3: and then one of the things bearing heavily on their mind,

573
00:29:51,560 --> 00:29:53,840
Speaker 3: is all, right the right thing to do is.

574
00:29:53,920 --> 00:29:57,280
Speaker 1: Prevent the racist creation of race based.

575
00:29:57,360 --> 00:30:01,960
Speaker 3: Districts but it would be really inconvenient for the, elections

576
00:30:02,560 --> 00:30:04,840
Speaker 3: so we'll let you do. It and you, know that's

577
00:30:04,880 --> 00:30:08,320
Speaker 3: a bad parenting, style that's a bad business management. Style

578
00:30:08,760 --> 00:30:11,640
Speaker 3: and it just strikes me that we keep finding ourselves

579
00:30:11,800 --> 00:30:16,160
Speaker 3: incapable of standing for principle in The United.

580
00:30:16,200 --> 00:30:19,560
Speaker 1: State modern The John Roberts, court WHO i blame for

581
00:30:19,640 --> 00:30:22,240
Speaker 1: all of. This you may, not BUT i. Do we

582
00:30:22,440 --> 00:30:25,400
Speaker 1: just keep, saying all, right look the Wrong obamacare is.

583
00:30:25,480 --> 00:30:29,000
Speaker 3: Unconstitutional we know, that but let's call it a tax

584
00:30:29,680 --> 00:30:33,640
Speaker 3: and and everybody's, well that's not what Even obama didn't argue.

585
00:30:33,760 --> 00:30:36,400
Speaker 3: That but what you really didn't want to do is Upend.

586
00:30:36,680 --> 00:30:39,560
Speaker 3: Obamacare principled or. Not you didn't want to do. It

587
00:30:39,680 --> 00:30:41,440
Speaker 3: and if we did, that we would have never outlawed,

588
00:30:41,480 --> 00:30:44,400
Speaker 3: slavery we would have never made some of the, tumultuous

589
00:30:44,480 --> 00:30:47,600
Speaker 3: tectonic changes that we made for the. Better at some,

590
00:30:47,720 --> 00:30:49,200
Speaker 3: point the constitution has meaning or it.

591
00:30:49,320 --> 00:30:51,280
Speaker 1: DOESN'T i.

592
00:30:51,720 --> 00:30:54,920
Speaker 5: AGREE i mean a difference between a conservative judge and

593
00:30:55,000 --> 00:30:58,720
Speaker 5: a moderate. Judge they both know what the law, is

594
00:30:59,400 --> 00:31:02,200
Speaker 5: but they're just afraid to do. It and this happens

595
00:31:02,200 --> 00:31:04,800
Speaker 5: in so many. Cases they've been convinced by the left

596
00:31:05,240 --> 00:31:08,480
Speaker 5: that the real certain way people will Die obamacare people we,

597
00:31:08,640 --> 00:31:12,280
Speaker 5: deported you, know people will lose their education and lose their.

598
00:31:12,320 --> 00:31:14,760
Speaker 5: Homes there's always a liberal, concern why you can't real

599
00:31:15,080 --> 00:31:17,160
Speaker 5: it never works other? Way, Right no one ever is as,

600
00:31:17,240 --> 00:31:19,400
Speaker 5: wow if you do this and liberal to hurt it's

601
00:31:19,400 --> 00:31:21,600
Speaker 5: sweet that it's only one way to sort of the

602
00:31:22,560 --> 00:31:27,040
Speaker 5: deception is delusion THAT i try to pierce every JUNCTURE i,

603
00:31:27,120 --> 00:31:28,200
Speaker 5: can AND i.

604
00:31:28,240 --> 00:31:29,080
Speaker 2: Think we're we're.

605
00:31:29,880 --> 00:31:32,400
Speaker 5: SLOWLY i think we're making some, progress but it's going

606
00:31:32,480 --> 00:31:34,560
Speaker 5: to be judges with a stiff.

607
00:31:34,640 --> 00:31:38,360
Speaker 2: Backbone clarence And i'm As Sam. Malito they're not concerned

608
00:31:38,440 --> 00:31:40,840
Speaker 2: with The New York times and The Washington post think about.

609
00:31:40,840 --> 00:31:43,360
Speaker 2: Them it doesn't. Matter and that's sort of people we

610
00:31:43,400 --> 00:31:44,120
Speaker 2: need to have on The Supreme.

611
00:31:44,200 --> 00:31:48,400
Speaker 3: Court from your lips To god's, Ears Professor Josh blackman

612
00:31:48,480 --> 00:31:50,800
Speaker 3: of The South Texas college Of, law mister smarty pants

613
00:31:50,840 --> 00:31:51,480
Speaker 3: Are Supreme court.

614
00:31:51,520 --> 00:31:53,920
Speaker 1: Expert thank, you good, sir thank you