WEBVTT - Battle Over Gun Rights Escalates 0:00:03.200 --> 0:00:07.960 This is Bloomberg Law with June Brussel from Bloomberg Radio. 0:00:10.360 --> 0:00:13.360 Less than two weeks after the mass shooting in San Jose, 0:00:13.960 --> 0:00:19.000 a federal judge overturned California's longtime ban on assault weapons. 0:00:19.400 --> 0:00:22.639 Condemnation of the decision was swift from the governor to 0:00:22.720 --> 0:00:26.079 the Mayor of San Jose, Sam Locardo. It's hard to 0:00:26.200 --> 0:00:29.000 escape the conclusion that a nation with more than three 0:00:29.360 --> 0:00:33.360 million guns, uh, the solution is not more guns. The 0:00:33.479 --> 0:00:37.080 language used by Judge Roger Benitez comparing an a R 0:00:37.240 --> 0:00:41.040 fifteen rifle to a Swiss army knife quote good for 0:00:41.159 --> 0:00:45.680 both home and battle, drew outrage from gun safety advocates 0:00:45.680 --> 0:00:49.159 and victims of gun violence. Chris Brown is the president 0:00:49.240 --> 0:00:54.080 of Brady United Against Gun Violence. It's so shocking to 0:00:54.200 --> 0:00:58.200 have this judge say that is like a Swiss army knife. 0:00:58.400 --> 0:01:02.880 A Swiss army knife doesn't kill hundreds of people within 0:01:03.040 --> 0:01:08.320 ten seconds. That's what this weapon does. Joining me his 0:01:08.400 --> 0:01:11.480 Second Amendment expert Adam Winkler, a professor at u c 0:01:11.680 --> 0:01:14.880 l A Law School, Adam explain the ruling for US well. 0:01:14.920 --> 0:01:18.880 The ruling in Miller versus Banta held that California's restriction 0:01:19.000 --> 0:01:24.200 on military style assault weapons was unconstitutional under the Second Amendment. 0:01:24.920 --> 0:01:27.800 The judge compared the a R fifteen rifle to the 0:01:27.840 --> 0:01:31.640 Swiss army knife, good for both home and battle. What's 0:01:31.680 --> 0:01:36.120 behind this comparison, Well, perhaps the most surprising thing about 0:01:36.160 --> 0:01:39.840 the opinion was the judge's equating of a military style 0:01:39.880 --> 0:01:42.400 assault rifle to a Swiss army knife. Of course, a 0:01:42.440 --> 0:01:45.640 military style assault rifle is far more dangerous than a 0:01:45.720 --> 0:01:48.200 Swiss army knife. But the point that the judge is 0:01:48.240 --> 0:01:51.040 making is that like a Swiss army knife, many people 0:01:51.040 --> 0:01:54.040 will have this kind of device and it's perfectly lawful, 0:01:54.080 --> 0:01:56.400 and they don't do anything wrong with it. And indeed 0:01:56.400 --> 0:01:59.480 he makes the point in the opinion that knives kill 0:01:59.600 --> 0:02:03.000 more people in California than assault rifles every year. The 0:02:03.040 --> 0:02:05.160 way he wrote the decision, do you think it was 0:02:05.240 --> 0:02:08.320 designed to shock? I don't know if it was designed 0:02:08.320 --> 0:02:11.280 to shock, but it's certainly designed to get the attention 0:02:11.440 --> 0:02:14.239 of the courts of appeals. And the judge was very 0:02:14.280 --> 0:02:17.600 careful to detail what was the basis of his ruling, 0:02:17.639 --> 0:02:19.680 What are the facts that he accepted, Who are the 0:02:19.680 --> 0:02:23.320 witnesses and experts that he found most persuasive and what 0:02:23.400 --> 0:02:26.920 was the data that he thought was most influential and 0:02:27.000 --> 0:02:30.240 that will impart influence the Court of Appeals when they 0:02:30.320 --> 0:02:33.240 hear this appeal in this case, because they'll be limited 0:02:33.240 --> 0:02:35.840 in some ways by the facts as the lower court 0:02:35.880 --> 0:02:39.880 found them. What was the state's argument, Well, the state 0:02:40.080 --> 0:02:44.040 argued that these military style assault weapons are not constitutionally 0:02:44.040 --> 0:02:48.000 protected by the Second Amendment, that they're not commonly used 0:02:48.040 --> 0:02:52.079 for self defense, and that they have special dangers kind 0:02:52.120 --> 0:02:55.000 of like a machine gun even though they're not machine guns, 0:02:55.040 --> 0:02:58.000 but like a machine gun in that they present special, 0:02:58.080 --> 0:03:01.120 unusual dangers in a five our arms. But the judge 0:03:01.120 --> 0:03:05.320 rejected those arguments, finding that military style of rifles were 0:03:05.320 --> 0:03:08.200 really no different from other types of rifles, and that 0:03:08.320 --> 0:03:11.520 prohibiting access to these weapons, which are not associated with 0:03:11.560 --> 0:03:15.680 a lot of criminal misuse or criminal violence relative to 0:03:15.720 --> 0:03:19.440 other firearms, was unconstitutional. As I've said before, I don't 0:03:19.480 --> 0:03:22.080 know much about guns, but isn't this the style of 0:03:22.160 --> 0:03:25.600 gun that's been used in mass shootings? This style of 0:03:25.639 --> 0:03:29.280 gun has been used in many high profile mass shootings, 0:03:29.320 --> 0:03:32.520 which is partly why the gun safety movement has been 0:03:32.520 --> 0:03:35.600 trying to ban these weapons. However, it is important to 0:03:35.600 --> 0:03:39.120 recognize that in more than half of mass shootings people 0:03:39.320 --> 0:03:42.440 use handguns, and it's not clear that the use of 0:03:42.560 --> 0:03:47.120 military style assault rifle really is going to change mass shooting. 0:03:47.400 --> 0:03:49.840 You can do the same kind of damage in the 0:03:49.960 --> 0:03:53.160 kind of close rain confines of most mass shootings with 0:03:53.240 --> 0:03:57.520 a handgun or other type of rifle. Similar assault weapons 0:03:57.600 --> 0:04:02.120 bands have they been upheld by other federal district courts 0:04:02.200 --> 0:04:06.960 or appellate courts. We have seen other states bands on 0:04:07.040 --> 0:04:11.280 military style assault rifles be subject to judicial review. Most 0:04:11.320 --> 0:04:15.360 courts have upheld those laws, finding that while these military 0:04:15.400 --> 0:04:19.800 style weapons are in common use and thus probably protected 0:04:19.839 --> 0:04:22.800 by the Second Amendment, at least at first glance, the 0:04:22.880 --> 0:04:26.000 courts have generally said that the government has sufficiently strong 0:04:26.120 --> 0:04:29.520 reasons to limit access to these weapons because of their 0:04:29.520 --> 0:04:33.479 special dangers. Judge Benitez, however, in California, did not buy 0:04:33.600 --> 0:04:37.440 into the argument that these firearms posed special dangers, and 0:04:37.480 --> 0:04:40.839 that's why he compared them to Swiss army knights. And 0:04:40.839 --> 0:04:44.400 it's a minority of states that have these assault weapons bands, 0:04:45.360 --> 0:04:48.080 that's right. There's only a handful of the fifty states 0:04:48.160 --> 0:04:51.080 have these military style assault rifle bands. There have been 0:04:51.080 --> 0:04:53.960 efforts to ban them at the federal level, include including 0:04:53.960 --> 0:04:56.400 a ten year period in which they were banned at 0:04:56.400 --> 0:04:59.360 the federal level. But gun safety advocates have not been 0:04:59.400 --> 0:05:02.000 able to get the these laws adopted in other states, 0:05:02.040 --> 0:05:04.400 and I think no matter how many states adopt them, 0:05:04.640 --> 0:05:07.800 these laws are likely to run into some hostile treatment 0:05:07.839 --> 0:05:11.240 when this issue gets to the United States Supreme Court. 0:05:11.680 --> 0:05:14.679 And some of the talk after this opinion has been, well, 0:05:15.000 --> 0:05:20.800 gun rights advocates are becoming emboldened by the federal judiciary 0:05:20.839 --> 0:05:24.520 that's become more conservative and the Supreme Court that's become 0:05:24.520 --> 0:05:27.960 more conservative. Well, there's no doubt about that that the 0:05:28.000 --> 0:05:30.880 Court has become more conservative. The federal courts generally have 0:05:30.920 --> 0:05:34.600 become more conservative. In fact, Judge Benitez, who's got kind 0:05:34.600 --> 0:05:38.200 of a long history of striking down California gun regulations, 0:05:38.320 --> 0:05:41.640 has often been overturned on appeal in the Ninth Circuit, 0:05:41.760 --> 0:05:45.719 but recently he's had some of his opinions upheld on appeal, 0:05:45.800 --> 0:05:48.719 in part because the Ninth Circuit has become more conservative. 0:05:48.960 --> 0:05:51.760 But I do think that the appointment of three justices 0:05:51.800 --> 0:05:54.720 to the Supreme Court by President Trump, all of whom 0:05:54.960 --> 0:06:00.120 have strong pro gun records, suggests that restrictions on military 0:06:00.120 --> 0:06:03.200 style assault rifles are likely to run a foul of 0:06:03.320 --> 0:06:06.160 the new Supreme Court. The state says it will appeal 0:06:06.240 --> 0:06:09.520 benitez Is ruling to the Ninth Circuit. The state is 0:06:09.600 --> 0:06:13.920 also appealing the judges seventeen ruling against the states nearly 0:06:14.040 --> 0:06:16.960 two decade old ban on the sales and purchases of 0:06:17.040 --> 0:06:21.719 magazines including more than ten bullets. That decision was upheld 0:06:21.760 --> 0:06:24.719 in August by a three judge panel, but the Ninth 0:06:24.720 --> 0:06:27.680 Circuits set in March that an eleven member panel will 0:06:27.720 --> 0:06:31.440 rehear the case. The state is also appealing benita as 0:06:31.480 --> 0:06:36.200 a decision in April of blocking a team California law 0:06:36.440 --> 0:06:41.080 for acquiring background checks for anyone buying ammunition. So Adam 0:06:41.200 --> 0:06:47.320 explain why all these gun cases came before this same judge. Well, 0:06:47.440 --> 0:06:50.599 gun rights groups have done some forum shopping and have 0:06:50.680 --> 0:06:55.720 been pursuing litigation in Judge Benitez's court. They've been trying 0:06:55.760 --> 0:06:58.720 to get Judge Benitez to be the one who rules 0:06:58.800 --> 0:07:03.000 on their cases. It's a smart strategy for litigation because 0:07:03.040 --> 0:07:05.839 they know that the district court, the trial court, will 0:07:05.880 --> 0:07:10.200 control the interpretation of the facts on the ground credibility 0:07:10.240 --> 0:07:15.360 of witnesses, what evidence is appropriate and probative um, and 0:07:15.400 --> 0:07:18.640 the courts of Appeals are often limited in their ability 0:07:18.760 --> 0:07:23.360 to really control the record of a lawsuit. So UH 0:07:23.440 --> 0:07:26.440 that this is part of a concerted effort by California 0:07:26.480 --> 0:07:29.920 gun rights groups and UH, so far it's looking to 0:07:30.000 --> 0:07:33.920 prove pretty successful when it reaches the Ninth Circuit. I 0:07:33.960 --> 0:07:37.800 know that one of his rulings was upheld on appeal 0:07:37.880 --> 0:07:40.400 by a three judge panel and it's going to the 0:07:40.440 --> 0:07:44.160 full circuit. So when this reaches the Ninth Circuit, what 0:07:44.240 --> 0:07:47.320 are the chances now that the circuit has changed a 0:07:47.320 --> 0:07:52.080 bit after President Trump's appointees. Well, it's very hard to 0:07:52.120 --> 0:07:54.480 predict what's going to come out of the Ninth Circuit. 0:07:54.600 --> 0:07:56.320 It used to be that the Ninth Circuit was a 0:07:56.480 --> 0:08:01.760 very reliable progressive or liberal circuit where on issues like guns, 0:08:01.760 --> 0:08:04.760 you could count on the Court of Appeals to overturn 0:08:05.000 --> 0:08:07.760 a decision like the one we had from Judge Benitez 0:08:07.760 --> 0:08:11.040 on assault weapons. But because of the Trump appointees on 0:08:11.120 --> 0:08:14.040 the Ninth Circuit, it's a much more balanced bench than 0:08:14.080 --> 0:08:17.200 it once was, and you never know who's going to 0:08:17.200 --> 0:08:19.840 be appointed either for the three judge panel that will 0:08:19.880 --> 0:08:23.400 hear the appeal or even the eleven member on bomb 0:08:23.440 --> 0:08:26.920 panel that might hear an appeal or re hearing of 0:08:27.120 --> 0:08:30.080 whatever that three judge panel decides. It used to be 0:08:30.120 --> 0:08:33.160 that they were reliably liberal, but now it's a much 0:08:33.160 --> 0:08:36.440 more balanced bench. Our gun rights food is becoming bolder 0:08:36.520 --> 0:08:42.400 in court because of the more conservative federal judiciary. I'm 0:08:42.400 --> 0:08:45.280 not sure that gun rights advocates have become more bold 0:08:45.440 --> 0:08:48.480 in their lawsuits in the federal courts. Truth be told, 0:08:48.480 --> 0:08:52.000 for the last fifteen years, they've really been aggressively pursuing 0:08:52.440 --> 0:08:56.000 litigation to challenge gun control laws. Really ever since the 0:08:56.000 --> 0:08:59.040 Heller decision back in two thousand and eight. The difference 0:08:59.120 --> 0:09:02.400 is is now gun rights advocates are more hopeful than 0:09:02.440 --> 0:09:05.680 ever that they'll win in those court cases because the 0:09:05.679 --> 0:09:09.640 courts have become more conservative, and the Supreme Court in particular, 0:09:09.920 --> 0:09:13.160 has new members that seem likely to strike down gun 0:09:13.200 --> 0:09:16.200 control laws in favor of a broad and expansive reading 0:09:16.200 --> 0:09:19.040 of the Second Amount. Tell us about the Supreme Court. 0:09:19.160 --> 0:09:22.200 It's going to issue its first major decision on Second 0:09:22.200 --> 0:09:26.880 Amendment in two decades next term. Tell us what's before 0:09:26.920 --> 0:09:30.439 the court. The Supreme Court has agreed to hear a 0:09:30.520 --> 0:09:34.680 challenge out of New York where it is impermissible to 0:09:34.840 --> 0:09:37.880 carry a concealed weapon unless you get a permit, and 0:09:38.000 --> 0:09:41.280 it's very, very difficult to get a permit. Uh. And 0:09:41.480 --> 0:09:45.000 this kind of discretionary permitting policy that New York and 0:09:45.160 --> 0:09:48.560 about ten other states used UM is going to go 0:09:48.640 --> 0:09:50.520 to the Supreme Court and the Court's going to deside 0:09:50.559 --> 0:09:52.600 whether you have a right to carry a gun outside 0:09:52.600 --> 0:09:55.439 the home, and if so, well what kind of permitting 0:09:55.480 --> 0:09:59.120 process can states impose before you are allowed to carry 0:09:59.120 --> 0:10:02.800 that firearm? And the composition of the court has changed, 0:10:02.840 --> 0:10:06.800 as you mentioned, is that the reason why they're finally 0:10:07.040 --> 0:10:10.800 taking up a GUD rights case like this. There is 0:10:10.880 --> 0:10:14.640 no doubt that the changes in the Supreme Court explain 0:10:14.840 --> 0:10:18.200 why the Court has taken Second Amendment cases both last 0:10:18.320 --> 0:10:21.480 term and this term. The last term, the Court took 0:10:21.480 --> 0:10:23.800 a second Amendment case, but it turned out to be 0:10:23.920 --> 0:10:27.080 moot and so they didn't ultimately issue a ruling um. 0:10:27.120 --> 0:10:30.760 But there's no doubt that the addition of new justices 0:10:30.840 --> 0:10:36.800 has changed calculus on the Supreme Court UM, with Justices Thomas, Alito, Gorsich, 0:10:36.920 --> 0:10:39.760 and Kavanaugh all saying that it's time for the Court 0:10:39.800 --> 0:10:43.320 to take more Second Amendment cases and to put more 0:10:43.800 --> 0:10:46.640 teeth into the Second Amendment. Now with the addition of 0:10:46.800 --> 0:10:50.760 Justice Sparret, it seems like that group of justices finally 0:10:50.840 --> 0:10:55.400 has their majority. Has that ruled on Second Amendment cases? Yes, 0:10:55.960 --> 0:10:59.199 Justice Sparret, when she was a lower court judge, issued 0:10:59.800 --> 0:11:03.720 of very controversial ruling where she was actually the dissenting 0:11:03.840 --> 0:11:08.600 judge of the court upheld a ban on felons possessing firearms. 0:11:08.679 --> 0:11:12.080 And Justice Barrett when a lower court judge dissented from 0:11:12.080 --> 0:11:15.920 that ruling, arguing that the lifetime ban on felon's possessing 0:11:15.920 --> 0:11:20.920 firearms was overbroad and should be restricted and limited. And 0:11:21.040 --> 0:11:26.560 do you see any progress being made for legislation on 0:11:26.679 --> 0:11:29.840 gun control? The prospects for gun control at the federal 0:11:29.960 --> 0:11:33.560 level do not seem good. It doesn't seem like any 0:11:33.600 --> 0:11:37.840 proposal for gun regulation would surmount the sixty vote hurdle 0:11:38.440 --> 0:11:41.720 that you need to pass legislation through the Senate. So 0:11:41.720 --> 0:11:44.400 so long as the filibuster remains in place, I think 0:11:44.400 --> 0:11:49.520 the possibility of significant federal gun safety regulation is unlikely. 0:11:50.200 --> 0:11:54.520 And what can President Biden do through executive order? How 0:11:54.559 --> 0:11:57.680 much can you do through executive order? Biden can do 0:11:57.920 --> 0:12:01.679 some things by executive order, but much right so. Executive 0:12:01.800 --> 0:12:06.160 orders give the president the ability to um carve out 0:12:06.200 --> 0:12:10.319 an interpretation of existing federal statutes. But the n r 0:12:10.360 --> 0:12:14.199 A has written America's gun laws very carefully to restrict 0:12:14.240 --> 0:12:18.000 the ability of the president um to find that kind 0:12:18.040 --> 0:12:21.160 of wiggle room. He's going to make some efforts, for instance, 0:12:21.200 --> 0:12:23.720 to crack down on ghost guns. These are guns that 0:12:23.760 --> 0:12:27.040 are homemade that don't have serial numbers. And he might 0:12:27.080 --> 0:12:30.000 be able to do some things on restricting importation of 0:12:30.040 --> 0:12:33.479 military style assault weapons, but many of them are manufactured 0:12:33.520 --> 0:12:36.600 domestically and a ban on imports won't have a significant 0:12:36.640 --> 0:12:40.000 impact on the gun debate in America. The n r 0:12:40.040 --> 0:12:43.720 A has has a lot of different problems and is 0:12:43.760 --> 0:12:48.960 facing lawsuits. Does that have any effect on the gun lobby? 0:12:49.280 --> 0:12:52.880 The n r A has never been weaker than it 0:12:53.040 --> 0:12:56.280 is right now. It's facing a real existential crisis. The 0:12:56.320 --> 0:12:58.600 New York Attorney General is probably trying to put the 0:12:58.720 --> 0:13:01.120 n r A out of business, uh and so far 0:13:01.200 --> 0:13:03.600 looks like the Attorney General is doing a pretty good 0:13:03.679 --> 0:13:05.920 job of it, and the n r A is uh 0:13:06.040 --> 0:13:09.959 not mounting a very vigorous defense that's persuasive. There does 0:13:10.000 --> 0:13:12.600 seem to be a long history of mismanagement of the 0:13:12.760 --> 0:13:16.959 n r A and some corruption inside. However, that's not 0:13:17.000 --> 0:13:19.760 going to affect the gun debate that much. Gun rights 0:13:19.760 --> 0:13:23.640 have never been stronger in America. The Republican Party is 0:13:24.000 --> 0:13:26.760 dead set against any new gun control laws. There's a 0:13:26.840 --> 0:13:30.240 strong new conservative majority on the Supreme Court that seems 0:13:30.280 --> 0:13:33.040 ready to expand gun rights, and so the n r 0:13:33.120 --> 0:13:36.960 A is facing untold challenges. But the gun rights movement 0:13:37.160 --> 0:13:41.199 remains very strong in America. Thanks Adam. That's Professor Adam 0:13:41.240 --> 0:13:48.480 Winkler of u c. L A Law School. This is 0:13:48.559 --> 0:13:54.280 Bloomberg Law with June Brusso from Bloomberg Radio. The Supreme 0:13:54.280 --> 0:13:57.040 Coourt is ruled that the government can block immigrants with 0:13:57.160 --> 0:14:01.160 temporary protected status from applying for green cards if they 0:14:01.320 --> 0:14:04.679 enter the country unlawfully. It was the unanimous decision by 0:14:04.679 --> 0:14:08.080 the Court, the third such decision on immigration matters in 0:14:08.080 --> 0:14:11.800 as many weeks. Joining me is immigration expert Leon Fresco, 0:14:11.960 --> 0:14:16.120 a partnered Hollandon Knight. Leon explained what TPS is and 0:14:16.160 --> 0:14:19.680 the facts in the case. Temporary protective status is the 0:14:19.800 --> 0:14:24.280 status that the federal government has because the Congress conferreted 0:14:24.360 --> 0:14:26.840 onto the President many decades ago as part of the 0:14:26.920 --> 0:14:31.000 Immigration and Nationality Act. And what that status says is 0:14:31.080 --> 0:14:34.600 during times of very major difficulty in a country, such 0:14:34.600 --> 0:14:39.320 as a natural disaster or dangerous condition of a military conflict, 0:14:39.560 --> 0:14:42.920 or even a pandemic which is necessary for COVID, that 0:14:43.240 --> 0:14:47.600 the government can actually confer something called temporary protective status. 0:14:47.680 --> 0:14:50.800 Let's say, until whatever a crisis is happening in your 0:14:50.800 --> 0:14:54.360 country is over, you can stay here without being deported, 0:14:54.360 --> 0:14:57.560 and you can work here. The crisis are created in 0:14:57.600 --> 0:15:01.960 this case is because many people who've had temporary protective 0:15:02.000 --> 0:15:05.240 status have had for twenty or thirty years because the 0:15:05.240 --> 0:15:08.080 government searched to feel bad. It never ends the temporary 0:15:08.200 --> 0:15:11.520 license that says, oh, people have had children, they've had 0:15:11.600 --> 0:15:15.480 roots in the United States. Now those children are American citizens. 0:15:15.480 --> 0:15:19.160 Don't make them go home. People have this luck status 0:15:19.200 --> 0:15:22.080 for neck came such as a man in this case 0:15:22.160 --> 0:15:26.680 of a Sense of Sages who came in n and 0:15:26.720 --> 0:15:30.600 actually got semper and protective status based on earthquoints that 0:15:30.680 --> 0:15:33.600 happened in a Provador in two thousand and one. When 0:15:33.680 --> 0:15:36.680 we're talking about twenty years later. Was he able to 0:15:36.720 --> 0:15:40.280 get a green card on the basis of his granting 0:15:40.320 --> 0:15:44.000 of temporary protective status, because you can't get a green 0:15:44.000 --> 0:15:47.400 card from the side the United States, from an employer 0:15:47.760 --> 0:15:51.560 unless you have been or even from your clout, unless 0:15:51.560 --> 0:15:55.280 you were someone who answered legally and then overstate and 0:15:55.320 --> 0:16:00.000 then got CPS. But if you ainting illegally, you can't 0:16:00.040 --> 0:16:04.480 that temporary protective status. That was the understanding until people 0:16:04.520 --> 0:16:08.840 started doing and saying, well, maybe I can because temporary 0:16:08.920 --> 0:16:13.440 protective status. The Staton says, we're gonna treat you as 0:16:13.440 --> 0:16:17.080 if you had a non immigrant visa. And so every 0:16:17.120 --> 0:16:20.240 person with a non immigrant visa or someone who went 0:16:20.280 --> 0:16:23.320 to an airport and was added into the country, so 0:16:23.400 --> 0:16:26.880 they're they're presenting like I wasn'tmitted into the country. That 0:16:27.000 --> 0:16:29.480 was the theory of the case, and that case was 0:16:29.640 --> 0:16:32.800 very successful in many circuits, but it was not successful 0:16:33.080 --> 0:16:35.920 in the Third Circuit, and so there was an appeal 0:16:36.240 --> 0:16:39.120 to the Supreme Court about who's right is it the 0:16:39.200 --> 0:16:42.400 Ninth Circuit or in the Third Circuit, And so that's 0:16:42.480 --> 0:16:44.720 what the decision was based on, saying that the Third 0:16:44.800 --> 0:16:49.560 Circuit was Justice Elena Kagan wrote the decision, and she 0:16:49.600 --> 0:16:52.520 always writes very clearly, and she said that there are 0:16:52.520 --> 0:16:55.880 two tracks, so explain the decision. So there are two 0:16:55.920 --> 0:17:00.800 tracks in this thing. There is who is someone who 0:17:00.880 --> 0:17:03.600 is a non immigrant to the United States and who 0:17:03.680 --> 0:17:06.280 is someone who was admitted to the United States. And 0:17:06.359 --> 0:17:09.159 so what admitted to the United States is that the 0:17:09.280 --> 0:17:12.359 reason your human body is in the United States is 0:17:12.400 --> 0:17:16.160 because you either enter through an airport, a landport of entry, 0:17:16.359 --> 0:17:20.159 or a seaport of entry. You presented a passport to 0:17:20.560 --> 0:17:23.560 a person with a blue uniform that says Customs and 0:17:23.600 --> 0:17:27.040 Border Protection. That person with a blue uniform swiped your 0:17:27.080 --> 0:17:30.840 passports and simpus. That's called an addition. And so you 0:17:30.880 --> 0:17:33.320 need to be admitted into the country in order to 0:17:33.359 --> 0:17:36.280 get a green car. And then there's a separate concept 0:17:36.400 --> 0:17:41.440 called having nonimmigrant status, and that is many people come 0:17:41.520 --> 0:17:44.639 to America have non immigrant status. They are students, they 0:17:44.640 --> 0:17:48.320 are workers, they are visitors, they are religious workers, there's 0:17:48.320 --> 0:17:51.159 all kinds of people have done immigrant status. And what 0:17:51.280 --> 0:17:54.800 the PPS statue says is during the period that you 0:17:54.880 --> 0:17:58.640 have temporary protective status, you will be treated like one 0:17:58.680 --> 0:18:02.000 of these people who have amount immigrant visa. And so 0:18:02.160 --> 0:18:06.160 the question is does best sentence means that you will 0:18:06.200 --> 0:18:08.960 be treated like that for the purpose of you can't 0:18:09.000 --> 0:18:12.320 be deported or does it mean you will be treated 0:18:12.359 --> 0:18:14.760 like that for the purpose of you can't be deported? 0:18:15.240 --> 0:18:19.280 And also when all of those people what we talked about, 0:18:19.280 --> 0:18:22.040 the students, the visitors, and the workers enter the country, 0:18:22.119 --> 0:18:24.840 they did go through an airport and get their visa. 0:18:24.960 --> 0:18:28.080 Fam So we're gonna expend the legal fiction to you 0:18:28.680 --> 0:18:31.240 that you went to the airport and that you're the faan. 0:18:31.440 --> 0:18:34.000 And what Justice Kagan and the nine in Justice and 0:18:34.080 --> 0:18:37.359 said was, no, we're not going to say that legal fiction. 0:18:37.440 --> 0:18:40.560 We're gonna say that this just means the bare minimum 0:18:40.560 --> 0:18:43.920 it means, which is that you're treated as being legally here, 0:18:44.480 --> 0:18:48.639 but it doesn't mean that you care legally. So this 0:18:48.880 --> 0:18:54.040 is another unanimous decision. There have been three immigration decisions 0:18:54.119 --> 0:18:58.000 in three weeks. They've all been unanimous. How do you 0:18:58.000 --> 0:19:00.480 account for that? This is a very impressive have run 0:19:00.840 --> 0:19:04.760 that there have been three basically major confessions by the 0:19:04.880 --> 0:19:09.840 liberal justices of these immigration matters. And I think there's 0:19:09.880 --> 0:19:12.199 a couple of things going on here. Number One, I 0:19:12.240 --> 0:19:15.960 think there's definitely trying to trade for some of the 0:19:16.000 --> 0:19:18.560 bigger cases that they think are coming down the pipe 0:19:18.680 --> 0:19:20.359 where they know they're going to need the help of 0:19:20.560 --> 0:19:25.240 Justice Horseheads or Justice Pony Barrett or Justice Roberts, and 0:19:25.320 --> 0:19:30.080 they're saying, let's show our magnanimity to our conservative collegues 0:19:30.119 --> 0:19:33.879 in cases where you can limit the damage and reach 0:19:33.960 --> 0:19:36.480 these decisions, hoping that let's say, in a case come 0:19:36.560 --> 0:19:41.040 from DOCTA, they'll be with us whether DOCCA is legal 0:19:41.160 --> 0:19:43.959 or not, or some of these asylum cases, and they 0:19:44.040 --> 0:19:46.920 go about they'll be on our side. So I think 0:19:46.960 --> 0:19:49.200 there's a little bit of that horse trading going on. 0:19:49.880 --> 0:19:52.920 But I also think that, for instance, in a case 0:19:53.040 --> 0:19:57.040 like Fanchase, this can actually be fixed very easily by 0:19:57.040 --> 0:20:00.320 the administration, so sort of a low cast year to 0:20:00.520 --> 0:20:04.040 the conservative side, which is all the administration has to 0:20:04.080 --> 0:20:07.159 do to fix this problem is to give every single 0:20:07.200 --> 0:20:11.680 person with CPS a document called that advanced parole which 0:20:11.720 --> 0:20:15.080 allows them to travel outside of the United States while 0:20:15.119 --> 0:20:18.160 they are on the CPS SATUS. And what that advanced 0:20:18.160 --> 0:20:22.439 parole actually does is it allows for the person to 0:20:22.560 --> 0:20:26.480 lead and re enter and w they reaverer legally, they 0:20:26.520 --> 0:20:30.080 solved the problem that they couldn't solve previously before this state. 0:20:30.280 --> 0:20:33.000 So I think you will eventually see the administration announce 0:20:33.040 --> 0:20:37.600 those advanced paroles which are perfectly legal, and this case 0:20:37.640 --> 0:20:40.480 will then have very limited practical meaning at that point. 0:20:40.960 --> 0:20:43.720 If you look at the reasoning in this case, does 0:20:43.760 --> 0:20:47.720 this affect Dreamers in any way? The reasoning so it 0:20:47.760 --> 0:20:52.240 doesn't affect dreamers because the Dreamers don't have the CPS 0:20:52.320 --> 0:20:56.920 sat uns. But what it does sort of fortend this 0:20:57.400 --> 0:21:03.000 needs vote for Dreamers and TPS individuals to be able 0:21:03.040 --> 0:21:05.960 to get this document I get discuss called an advance 0:21:06.080 --> 0:21:08.560 for all as the only basis that they're gonna be 0:21:08.600 --> 0:21:11.359 able to use to get a green card meaning doctor 0:21:11.520 --> 0:21:15.879 is viewed as legal and PPS egregal. But now you 0:21:15.920 --> 0:21:19.560 can get a green card CPS on its own unless 0:21:19.600 --> 0:21:22.359 you pay you illegality. What all of those people are 0:21:22.400 --> 0:21:25.240 gonna have to do is get a document from U S, 0:21:25.240 --> 0:21:27.959 c I S that allows them to travel abroad and 0:21:28.000 --> 0:21:30.760 then return. And only when they do that, that's when 0:21:30.760 --> 0:21:34.000 they're can apply for a freesta. Let's turn for a 0:21:34.119 --> 0:21:37.679 moment to the Vice President's trip to Central America. She 0:21:37.840 --> 0:21:41.679 warned Central Americans not to migrate to the US. Do 0:21:41.760 --> 0:21:44.240 not come, Do not come. If you come to our border, 0:21:44.280 --> 0:21:46.760 you will be turned back. Is that in fact the 0:21:46.800 --> 0:21:49.679 case are they being turned back at the border. So 0:21:49.920 --> 0:21:53.000 there are three groups of people who are arriving at 0:21:53.040 --> 0:21:55.320 the United States, and depending on which group you're in, 0:21:55.440 --> 0:21:59.000 your outcome is different. So if you are a single adult, 0:21:59.600 --> 0:22:02.600 those in new adults are currently being excluded from the 0:22:02.640 --> 0:22:05.120 United States. They're just switched back there, not even letting 0:22:05.240 --> 0:22:09.359 nobody puss to under an authority called Tindle forty two, 0:22:09.400 --> 0:22:14.320 which is a CEC authority that says during communicable disease crises, 0:22:14.840 --> 0:22:18.119 you could just be pushed back without any further analysis. 0:22:18.320 --> 0:22:22.280 That's what's happening to single adults. For unaccompanied miners. On 0:22:22.359 --> 0:22:25.880 the other perspective, every unaccompanied miners being allowed to come 0:22:25.920 --> 0:22:29.120 into the United States and make a claim for either 0:22:29.200 --> 0:22:33.200 asylum or special immigrant juvenile status. And that's where you're 0:22:33.200 --> 0:22:37.800 seeing these convention centers in California and u And I'm 0:22:37.960 --> 0:22:41.959 exactly fighting the existence of these convention centers, but you're 0:22:42.000 --> 0:22:45.679 seeing them all along the southern border for housing children 0:22:45.760 --> 0:22:48.000 until you can put them with an adult pomper and 0:22:48.000 --> 0:22:50.359 then you can go through their case. And then there's 0:22:50.359 --> 0:22:53.280 a third group that the hybrid group that's called family units. 0:22:53.280 --> 0:22:57.159 So that's adult with kids, and it seems like at 0:22:57.200 --> 0:22:59.960 the moment, about six to seventy percent of those family 0:23:00.000 --> 0:23:03.040 the units are being allowed to enter to make their 0:23:03.040 --> 0:23:06.320 claim for asylum, and then another thirty per centers are 0:23:06.359 --> 0:23:11.120 being excluded under Title forty two. And so the outcome 0:23:11.160 --> 0:23:14.960 of you will be returned even exactly what's happening on 0:23:15.000 --> 0:23:18.400 the border right now, unless you are a single adult. 0:23:18.800 --> 0:23:20.399 One of the point I will make is that this 0:23:20.640 --> 0:23:25.159 rhetoric is very short of counter productive and complicated. In 0:23:25.240 --> 0:23:30.359 this set. The Bising administration, unlike the Trump administration, sort 0:23:30.359 --> 0:23:32.840 of has this moral problem where they don't want to 0:23:32.960 --> 0:23:38.720 make a decision about what constitutes central American migration. The 0:23:38.760 --> 0:23:42.960 Trump administration was very comfortable pay that they believed one 0:23:43.680 --> 0:23:47.680 of the central American migration was economic migration, and none 0:23:47.720 --> 0:23:52.280 of them were genuine refugees speaking to come into avoid persecution. 0:23:53.000 --> 0:23:56.240 That is not a sentiment of the Buiding administration believes. 0:23:56.520 --> 0:24:00.280 But the problem is if you use rhetorics don't come 0:24:00.359 --> 0:24:03.679 to America because you'll be turned away. That's not what 0:24:03.760 --> 0:24:05.639 you would say if you thought that there were some 0:24:05.880 --> 0:24:09.520 group within the larger groups that are legitimate refugees. Because 0:24:09.520 --> 0:24:12.520