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Speaker 1: What's going on. Thank you so much for listening to

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this podcast.

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Speaker 2: It is heard live every day from noon to three

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on WBT Radio in Charlotte. And if you want exclusive

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go to dpeteclendershow dot com.

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Speaker 1: Make sure you hit the subscribe button. Get every episode

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for free right to your smartphone or tablet, And again,

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thank you so much for your support. The Supreme Court

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has sent down a number of rulings today, the biggest

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one that would essentially get rid of a lot of

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these nationwide injunctions. The President and his Attorney General Pambondi

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are doing a live press conference right now. It's been

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going on about fifteen or twenty minutes, so I think

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they're probably taking questions that.

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Speaker 2: Are not related to the Supreme Court ruling. But let's

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Eves drop in and see what they're talking about.

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Speaker 3: Parents, and I'm not surprised by it, but I am

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surprised that it went this far.

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Speaker 4: It took us to bring life back to normal. So wonderful.

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Speaker 3: It's parental and I kept saying, we will give you back.

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Speaker 4: Your parental rights.

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Speaker 3: They were taken away and this is a tremendous victory

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for parents.

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Speaker 1: Yeah, that's another one of the rules.

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Speaker 5: Back at the last week, it's been extraordinary in terms

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of the action the Middle East.

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Speaker 4: Who were at the Hey awake, hasn't it.

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Speaker 5: I'm wondering now if you believe in I'm wondering now, sir,

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if you believe that Iran has given up its long

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history of ambitions with nuclear weapons, or what you would

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like to see from them to prove that they do,

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and what type of meetings is your administration looking for

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next week with Iran?

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Speaker 3: So it Ron wants to meet. As you know, the

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air sites were obliterated, the very evil nuclear sites they were.

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Now has been proven. We had some fake news for

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a little while. The same people that covered the Hunter

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Biden laptop was from Russia, the same people that did

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three or four other Russia Russia Russia hoax. But no, no, wait, wait,

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just listen, they came up with something that delayed the credit.

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That are great pilots and these great America I mean

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they want talent. That was and they hit it right

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down in the spot fifty two thousand feet. Think of

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this dark no moon, you couldn't see a thing, and

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they hit the refrigerator doors. They say, that's the size

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of a target and overwhelmingly, and it's amazing what was done.

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We're the only ones that could have done it, and

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we took out the two of the other sites.

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Speaker 4: Also in addition to that, we finished them off. That

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was very evil intention.

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Speaker 3: I believe that, And again time will tell, but I

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don't believe that they're going to go back into nuclear

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anytime soon. They spent over a trillion dollars on nuclear

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and they never got it together and nothing was moved

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from the site. By the way, to do that is

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very dangerous. It's very very heavy material. Those cars were

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most likely the cars of masons because they were pouring

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concrete at the top at the hatch, you know, the

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hats going into the nuclear side. They wanted to reinforce

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it and they had some masons there pouring concrete. By

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the way, that concrete was obliterated. It hit exactly at

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the concrete it was. I don't think it had a

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chance to dry. But everything is down there, it's under

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millions of tons of rock.

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Speaker 4: English.

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Speaker 6: Yes, your administration has said that El Salvador is a

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of the state as countries and a headspare.

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Speaker 4: So why haven't you get consult temporary protective status to

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that country? Was it part of the deal.

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Speaker 3: We've had a great relationship with El Salvador. They have

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a fantastic leader. They built a massive prison system and

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I don't know exactly why, but it's a hell of

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a system. And we bring people there and when they

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go there, they don't get out, and frankly, when they

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hear they have to go there, they become very nice people.

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Speaker 4: They become very nice people.

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Speaker 3: It's a tough system, but it's a brilliant system, and

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it's a system done by a very.

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Speaker 4: Very good leader.

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Speaker 3: We'll talk about El Salvad a lot of respect.

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Speaker 4: Yeah, please you, thank you.

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Speaker 7: A question for you, and that a question for the

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Attorney General as you go into negotiations and talks what

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they're on. Are you demanding not only that there would

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be no Uranian production inside of Iran, but also that

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Iran would turn over all existing stockpiles of Iranian.

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Speaker 3: Well, you know, we're a little early for that, but

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something like that.

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Speaker 4: Yeah, we'll do something like that.

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Speaker 3: Let me say that I've been saying for twenty five years,

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even as a civilian. You cannot let them have a

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nuclear weapon, and that's what happened. It's been obliterated. It

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would be years before they could ever get going. And

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I really think it's probably the last thing they have

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to recover from a hell of a tough war.

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Speaker 7: Would you also be demanding that the IAEA have full

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rights to inspect in Iran.

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Speaker 3: Or somebody, yeah, or somebody that we respect and then

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including ourselves.

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Speaker 7: And a question for both the President and the Attorney

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General under birthright citizenship, if this is implemented, who would

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be tasked with actually vetting citizenship And would this be

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a situation where you have nurses and doctors checking for

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citizenship of parents or.

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Speaker 4: This is all pending litigation.

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Speaker 8: It's going to be decided in October by the Supreme Court,

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and we'll discuss that after the litigation.

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Speaker 7: If you have an undocumented baby, would that baby then

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be an enforcement priority?

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Speaker 8: The violent criminals in our country are the priority. Now,

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let me put it in perspective. Today marked the two thousand,

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seven hundred and eleventh arrest in our country of TDA members.

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Speaker 4: Just TDA.

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Speaker 8: Everyone in this room agrees they are one of the

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most violent criminal organizations in the world and the Biden

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administration let them walk into our country, walk into our country.

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For the last four years, two thousand, seven hundred and

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eleven of them today have been arrested in our country.

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That is the priority of Donald Trump, that is the

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priority of this country, of homeland security, of all of

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our lawyers of FBI.

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Speaker 4: That's the priority that will.

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Speaker 8: Be discussed in October when the Supreme Court hopefully rules

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in our favor.

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Speaker 4: And we're very confident of that.

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Speaker 8: But you should all feel safer now the President Trump

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can deport all of these all of these gangs, and

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not one district court judge can think they're an emperor

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over this administration and his executive powers. And why the

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people of the United States elected him.

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Speaker 3: I just might add one thing, and you know, they

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used birthright citizenship some of the worst people, some of

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the cartels to get.

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Speaker 4: People into our country.

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Speaker 3: Just so you know, and again I say, if you

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look at the end of the Civil War the eighteen hundreds,

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it was a very turbulent time. You take the end day,

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was it eighteen sixty nine or whatever, but you.

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Speaker 4: Take that exact day.

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Speaker 3: That's why the case was filed and the case ended

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shortly thereafter. This has to do with the babies of slaves,

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very very obviously.

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Speaker 4: And I think we're going to win. People didn't.

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Speaker 3: I don't think they went about discussing it right. I

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came along and we looked and we said, wait a minute,

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this is wrong. We've been looking at birthright citizenship wrong

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for years, but they've used it.

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Speaker 4: The cartels have used birthright.

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Speaker 3: Citizenship to get very bad people in. And what Pam's doing,

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and what Todd and everybody else, what they're doing at

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DOJ and all over FBI, ice Border Patrol. These are

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incredible people. They're trying to keep our country safe and

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they don't want to have people come in. This is

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just another way that they get illegal immigrants into our country,

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and in some cases, very very bad ones.

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Speaker 6: Go ahead, you must your president under taxable if I

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could for a moment. Senators are racing to rewrite parts

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of it right now after the Senate Parliamentarian ruled that

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sections of it were outside of the process that they're

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using to get this through. Do you think that senators

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should respect the decisions of the parliamentarian And what have

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you personally done in the last forty eight hours to

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try and get Republicans who against the bill to a guess.

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Speaker 3: Well, look, it's a great bill. It's a massive tax cut.

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If it's not approved, your taxes will go by sixty

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eight percent. Think of that, sixty eight a record, the

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highest in the history. The Democrats won't approve it only

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because politically it's so good for the Republicans. The Democrats

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aren't approving it, but think of what they're not approving.

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They're not approving border security. We've done a great job

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at the border, but we have to add some war.

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We have to do various things. We have no money

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for that. We have no money for the border. We

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have no money for so many things. But if the Democrats,

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it'll be interesting to see if we get any Democrat well,

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as we should. If I were a Democrat, I would

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absolutely maybe Fetterman, because he seems to be the most

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sensible one lately. If I were a Democrat, I would

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vote for this bill all day long, because it's tax

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cuts and so many other things that are common sense.

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They're basic things. I think they're doing fine. The Parliamentarian

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has been a little difficult, and I would say that

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I disagree with the Parliamentarian on some things and on

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other ways, she's been fine. But we'll have to say

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it's a big issue.

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Speaker 4: I will tell you this.

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Speaker 3: If that bill doesn't pass, the country will get a

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sixty eight sixty eight percent tax increase.

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Speaker 4: So think of this.

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Speaker 3: You're a Democrat and you vote against it, that means

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you're voting in favor because essentially you're voting in favor

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the largest tax hike in the history of our country,

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and you can't do that. In addition, we're cutting costs

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by one point seven trillion dollars and.

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Speaker 4: It won't affect anybody. It's just fraud, waste, and abuse.

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Speaker 2: All right, let's go ahead and bail out right now,

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because we've going to got to go over and get

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a check on the traffic. But that's Donald Trump and

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Pam Bondy fired up. After the US Supreme Court issued

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a couple of rulings have come down, the biggest ones

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on the birthright Citizenship Executive Order. But it's not actually

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about the birthright citizenship issue yet. And then there's also

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the religious liberty case. We'll get into it. You know,

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story are powerful. They help us make sense of things,

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to understand experiences. Stories connect us to the people of

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our past while transcending generations. They help us process the

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meaning of life and our stories are told through images

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and videos. Preserve your stories with Creative Video started in

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who you are, visit creative video dot com. The President

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and the US Attorney General, Pam Bondi are taking questions

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after a couple of huge Supreme Court rulings have come down,

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so let's go ahead and pick it back up.

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Speaker 9: They're still going can name them, and they're so used

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to just you know, getting taking it billions and billions

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of Look, we had a trade deficit of more than

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a trillion dollars.

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Speaker 3: Think of a trade deficit. That's because nobody cared. Nobody

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we cared a lot. When you know, I took in

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hundreds of billions of dollars in tariff. We had the

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greatest economy in history up until now.

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Speaker 4: I think we're going to blow it away. But during

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my time then.

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Speaker 3: Especially prior to COVID, we're the greatest economy in the

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history of our country. I think we're going to blow

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it away now based on the kind of numbers that

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we're saying. But some countries are very angry because they've

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been ripping us off for years. They've been making billions

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and billions of dollars. There was nobody to negotiate where

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they could do whatever they want.

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Speaker 4: They charge just terriffs. By the way, he's.

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Speaker 1: Talking to terriffs. Sorry.

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Speaker 2: So obviously, when you got all the press in there,

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they're not going to limit their questions to just the

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topics of the day. They're going to hit them with

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all these other questions. And as the President joked, it's

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it's been a busy week.

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Speaker 1: There's man, it.

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Speaker 2: Feels like a month all in one week. So what

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is this case about? What is this ruling about? It

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has to do with the birthright Citizenship executive Order and

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the injunction that was.

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Speaker 1: Issued by a district court.

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Speaker 2: And because this ruling came down whilst I was on

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my way into work, I do not have my all

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of my show prep that I have retained on this case.

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That's totally my fault. Because we knew the rulings were

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coming down. I should have brought it. But so all

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of this is going to be going from memory. But

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as I recall, there were two tracks here, there were

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parallel tracks going on. You had the birthright citizenship underlying issue,

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but then you also have this other issue of the

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nationwide injunctions that these district court judges have been using

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and these left wing organizations who have been filing the

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lawsuits in a very limited set of district courts in

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order to get these injunctions to stop the presidential orders

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from being enacted. And as Pambondi noted that there are

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ninety four districts in America, ninety four district courts in America. Okay,

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And right now they have forty nationwide injunctions against the

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Trump administration. Forty okay, and thirty five of those forty

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come from five district judges or districts. There are a

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couple different judges in each district, but they're all originating

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in five districts, five out of the ninety four districts.

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So this is judge shopping or ven you shopping. That's

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what's going on here. It's been going on, you know,

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all throughout the Trump administration, first and second, it has

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really ramped up in the second and so the so

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finally the US Supreme Court has cracked the whip on

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their lower courts, which is what they should have done

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a long time ago, because what the district courts are

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doing at the behest of these plaintiffs that are ideologically

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aligned is making end runs around what's you know, called

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the class action certification process. Like if you and a

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whole bunch of other people want to sue and you

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all have sort of the same argument, you can become

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a class action. We hear about these all the time,

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right all of the commercials. If you were injured by

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this thing or this company, you can be part of

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this class action lawsuit. But there's there are a lot

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of criteria to get classified certified as a class in

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the trial in the court, and that's difficult. And so

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what these plaintiffs, they're lawyers, and these these judges have

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been conspiring to do is to do an end run

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around that class action certification process because it's difficult, and

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instead just get one lawyer with a wardrobe change and

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a black robe to say, I'm going to stop this

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whole thing from proceeding. And the US Supreme Court said no,

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and Amy Cony Barrett, she lit into kb J Keatanji

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Brown Jackson, I mean lit into her in a way

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you do not see judges go after each other, really

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in the Supreme Court especially. I'll get to that, but

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let me get over here to Ray first. Hello, Ray,

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welcome to the program.

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Speaker 1: Helloa, Hey, what's up.

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Speaker 10: I just was anticipating this ruling that was supposed to

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come down in June. I heard about three or four

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months ago. I might have talked to you about about

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turning their plane around. Is this the one that we

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were thinking that was going to stop all that turning

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the plane around and that kind of mumbo jumbo.

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Speaker 1: Yes, yes, because that would.

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Speaker 10: Really it will get a complete victory on this or

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is something else going to be decided by the scotis.

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Speaker 2: Well, there's I'm seeing some of the legal analysts who

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are talking about a footnote and I have not read

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this opinion because it just came down, But there's a

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footnote in the opinion that talks about some other mechanism

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that might apply if they want to try to go

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another route. There is sort of this other route. I

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don't know what that route is. I don't know how

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that would work, and so I don't know. I don't

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know if there is a loophole that now still exists.

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They're very very well might be. However, the question of

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whether a district court can issue these nationwide and functions

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that block policies across the entire country that has been

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they put the kibosh on that. So that is a

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victory for yeah, for a rule of law. It's a

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victory for the judiciary. It's a victory for the executive

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branch and for America because you know, you cannot have

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one person going in and claiming to basically represent all

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of America to get one judge to agree with them

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to shut down a policy that, by the way, was

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enacted under the law and was enacted under the Article

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two powers of the executive branch, and or yeah, Article

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two powers, and and that this that was elected to

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do that everything right, This person was elected to do

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these things. And then you've got judges saying you can't

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do them.

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Speaker 10: Yes, so quickly, the district judge could still issue an

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injunction just for the locality for this right being took

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place or not correct.

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Speaker 1: That's the understanding.

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Speaker 2: That's my understanding as well, is that that has been

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And at the core of this is that you've got

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the district court judges that are ruling for the entire nation,

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when in fact the plaintiffs that come before them are

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only locally based, and so they have gone beyond their

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authority by doing nationwide injunctions. So yeah, man, yeah, absolutely right.

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Speaker 1: I appreciate these good questions.

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Speaker 2: So the Trump administration, here's sort of the background on it,

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and I'm going to go into more of the details,

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but this is from the Daily Caller News Foundation. The

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Trump administration appealed three different lower court rulings that prevented

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the executive order that ended birthright citizenship for children of

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illegal aliens or migrants on temporary visas from taking effect right.

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So they put these injunctions in place, saying your executive

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order cannot take effect. Rather than rule on the constitutionality

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of birthright citizenship, the Trump administration asked the Supreme Court

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to consider limiting the scope of nationwide injunctions that block

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policies across the entire country. Right, So the Court in

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this ruling did not address the birthright citizenship issue. There

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was another case. I think that's going to be rolled

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on in October. I want to say they're expecting that

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to come down. So that's a separate case. The Supreme

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Court heard oral arguments during a May session, which apparently

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is unusual to have one in May, and the Solicitor

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General highlighted the dozens of injunctions that lower court judges

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have issued blocking executive orders just since January. If the

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Court chooses to limit nationwide injunctions, it could have significant

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implications for other pending lawsuits against the Trump administration. So

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that's the preview piece that I had pulled this morning

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from the Daily Caller News Foundation. All Right, if you're

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00:19:52,240 --> 00:19:54,039
listening to this show, you know I try to keep

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00:19:54,079 --> 00:19:55,799
up with all sorts of current events, and I know

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00:19:55,880 --> 00:19:58,279
you do too, and you've probably heard me say get

380
00:19:58,319 --> 00:20:02,279
your news from multiple sources. Why Well, because it's how

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00:20:02,319 --> 00:20:04,920
you detect media bias, which is why I've been so

382
00:20:04,960 --> 00:20:08,599
impressed with ground News. It's an app and it's a

383
00:20:08,640 --> 00:20:11,480
website and it combines news from around the world in

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00:20:11,519 --> 00:20:14,839
one place, so you can compare coverage and verify information.

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00:20:15,119 --> 00:20:18,400
You can check it out at check dot ground, dot

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00:20:18,440 --> 00:20:21,599
news slash pete. I put the link in the podcast

387
00:20:21,599 --> 00:20:24,599
description too. I started using ground News a few months

388
00:20:24,640 --> 00:20:27,200
ago and more recently chose to work with them as

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00:20:27,240 --> 00:20:30,480
an affiliate because it lets me see clearly how stories

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00:20:30,519 --> 00:20:33,759
get covered and by whom. The blind spot feature shows

391
00:20:33,759 --> 00:20:36,599
you which stories get ignored by the left and the right.

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00:20:36,799 --> 00:20:41,480
See for yourself check dot ground, dot news slash pete.

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00:20:41,559 --> 00:20:44,200
Subscribe through that link and you'll get fifteen percent off

394
00:20:44,240 --> 00:20:47,519
any subscription. I use the Vantage plan to get unlimited

395
00:20:47,559 --> 00:20:50,880
access to every feature. Your subscription then not only helps

396
00:20:50,880 --> 00:20:53,680
my podcast, but it also supports ground News as they

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00:20:53,720 --> 00:20:58,319
make the media landscape more transparent. Breaking news today that

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the US Supreme Court has had down a couple of rulings,

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the biggest one being it's connected to the birthright citizenship issue,

400
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but it is about these nationwide injunctions that lower courts

401
00:21:12,839 --> 00:21:16,480
have been slapping on the Trump administration, basically coming out

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of five districts like California, Maryland, DC, Washington State like

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very few. Five of the ninety four districts account for

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thirty five of the forty nationwide injunctions, and the US

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Supreme Court has finally smacked down these courts and said

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stop doing this. The Supreme Court handed the Trump administration

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a win today by limiting the ability of federal judges

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to issue nationwide injunctions blocking the president's agenda. This is

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according to National Reviews James James Lynch. The justices ruled

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six to three along ideological lines and Trump versus CASA,

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siding with the Trumpetmanstration's challenge to the scope of nationwide

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injunctions issued against Trump's Birthrights Citizenship Executive Order. The Court

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did not, however, weigh in on the legality of the

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Birthright Citizenship Order itself. Justice Amy Cony Barrett wrote the

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majority opinion, finding that universal injunctions exceed the authority that

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Congress has given to federal courts. Barrett was joined by

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the Court's five other conservative justices. She writes, quote, the

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00:22:30,519 --> 00:22:35,759
injunctions before us today reflect a more recent development district

419
00:22:35,839 --> 00:22:39,640
courts asserting the power to prohibit enforcement of a law

420
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or policy against anyone. These injunctions, known as universal injunctions,

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00:22:45,799 --> 00:22:49,599
likely exceed the equitable authority that Congress has granted to

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federal courts. The Supremes ruled that lower courts cannot prevent

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the federal government from enforcing its policies against non parties

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to the specific case they are ruling on. Right, you

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can't apply a nationwide injunction on everybody when they are

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not parties to the case. For the time being, the

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00:23:12,200 --> 00:23:16,599
Justices have partially halted the nationwide injunctions against Trump's executive order.

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They halted the injunctions in areas where their authority is

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too broad and prevent the executive branch from developing public

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guidance related to Trump's executive order. Then Barrett took Justice

431
00:23:29,480 --> 00:23:33,079
Katanji Brown Jackson to task, or I might say, to

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the woodshed, for the arguments that she made in her

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dissenting opinion and apparent lack of interest in the specifics

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00:23:42,319 --> 00:23:48,640
of the scope of judicial authority. Okay, before I read

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00:23:48,920 --> 00:23:51,240
Amy Cony Barrett, let me see here, I'm going to

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try to find because I've got a whole bunch of

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tabs open.

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Speaker 1: You to, Well, all right, I'm not going to be

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able to find it.

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Speaker 2: I opened too many tabs because she Katanji Brown Jackson

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says something like, you know that this isn't that we're

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essentially punching down on the on the lower courts, which

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is absurd. So here's what Barrett said, I'll try to

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find the tab that I've got here is like I

445
00:24:26,640 --> 00:24:28,960
really can't even like decipher. I've opened too many tabs.

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I just have too many tabs. So here's what Barrett says.

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Speaker 1: Quote.

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00:24:35,200 --> 00:24:40,720
Speaker 2: The principal dissent by KBJ focuses on conventional legal terrain

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like the Judiciary Act of seventeen eighty nine and our

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00:24:44,200 --> 00:24:49,440
cases on equity. Justice Jackson, however, chooses a startling line

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of attack that is tethered neither to these sources nor

452
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frankly to any doctrine whatsoever. So what is Barrett saying?

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00:24:59,559 --> 00:25:03,039
This is making it up. She's making up stuff. Do

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you even law, bro? Like, what are you doing? And

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00:25:07,119 --> 00:25:11,119
then she says, basically, your descent is not even worth

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anything more than a single sentence in reply, So I'm

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going to give you one sentence. Here's what she says,

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we will not dwell on Justice Jackson's argument, which is

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at odds with more than two centuries worth of precedent,

460
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not to mention the Constitution itself. Okay, so she just

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flat out says we're not going to dwell on her

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descent because it's stupid right only to say this one sentence,

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and here it is, we observe only this. Justice Jackson

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decries an imperial executive while embracing an imperial judiciary. She

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would do well to heed her own admission. Everyone from

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the president on down is bound by law that goes

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for judges too. And if you read Supreme Court rulings

468
00:26:07,319 --> 00:26:10,720
and opinions and stuff, you don't see stuff like this.

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This is a direct I don't want to say attack,

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but response. I mean, she's just basically saying you don't

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know what you're talking about, and your opinion is crap.

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The justices did not address the merits of Trump's birthright

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citizenship order. I mentioned that already. Carrie Severino, who is

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the president of Judicial Crisis Network, said that the court

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has shut the door on the abuse of universal injunctions.

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Today's decision is a victory for our constitutional separation of powers.

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Justice Alito's concurrence to Barrett sounds the alarm that litigants

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have been attempting to abuse class action lawsuits as well

479
00:26:51,519 --> 00:26:54,519
as standing processes. It's like, do you have standing in.

480
00:26:54,519 --> 00:26:55,119
Speaker 1: Front of the court.

481
00:26:55,119 --> 00:26:57,440
Speaker 2: There's a process to determine do you have standing? So

482
00:26:57,480 --> 00:27:01,319
they've been abusing this. The left has been abusing these

483
00:27:01,480 --> 00:27:05,599
mechanisms and shows that the Court is well aware of

484
00:27:05,640 --> 00:27:09,599
the problem and prepared to police those boundaries to shut

485
00:27:09,640 --> 00:27:12,519
down judicial activists.

486
00:27:14,279 --> 00:27:15,079
Speaker 1: This just in.

487
00:27:16,680 --> 00:27:21,039
Speaker 2: District Court Judge Boseburg has put a nationwide injunction on

488
00:27:21,119 --> 00:27:25,519
this Supreme Court ruling. I'm just kidding. He can't do that,

489
00:27:25,640 --> 00:27:33,079
especially now. Barrett is correct, and what she is essentially

490
00:27:33,119 --> 00:27:38,960
saying is that KBJ and her fellow liberals on the Court,

491
00:27:39,880 --> 00:27:42,720
she doesn't know what she's talking about and doesn't even

492
00:27:42,759 --> 00:27:46,279
seem interested in abiding by the judicial oath that we took.

493
00:27:47,680 --> 00:27:51,400
That is essentially what Barrett is saying, because apparently at

494
00:27:51,400 --> 00:27:55,640
some point in her dissent, KBJ said something like.

495
00:27:55,599 --> 00:27:57,000
Speaker 1: Oh, all of this legal ease.

496
00:27:58,240 --> 00:28:02,160
Speaker 2: It's like, yeah, you're a judge. That's what you're supposed

497
00:28:02,200 --> 00:28:04,920
to be dealing in, is the legal ease. That's what

498
00:28:04,960 --> 00:28:08,480
we commoners say about the way you guys talk and write.

499
00:28:08,559 --> 00:28:10,480
Speaker 1: That's all legalese mumbo jumbo.

500
00:28:10,680 --> 00:28:12,640
Speaker 2: But you're supposed to know what you're talking about if

501
00:28:12,640 --> 00:28:16,599
you're a freaking Supreme Court justice. Here's a great idea.

502
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that'll last a lifetime. All right, So let me get

524
00:29:30,359 --> 00:29:34,200
to some analysis here real quick. This is from Jonathan Turley,

525
00:29:34,759 --> 00:29:36,119
constitutional law professor.

526
00:29:38,359 --> 00:29:40,039
Speaker 1: He's got a quote here. He says.

527
00:29:40,079 --> 00:29:43,640
Speaker 2: It's a great line from the Supreme Court ruling says,

528
00:29:43,640 --> 00:29:47,880
when a court concludes that the executive branch has acted unlawfully,

529
00:29:48,079 --> 00:29:50,759
the answer is not for the court to exceed its

530
00:29:50,880 --> 00:29:56,319
power too. That's and that is that's a great line. Notably,

531
00:29:56,359 --> 00:29:59,920
he says, Justice Kagan, who condemned these universal and junk

532
00:30:00,279 --> 00:30:03,480
during the Obama administration, has found a comfort level with

533
00:30:03,559 --> 00:30:06,000
those injunctions during the Trump administration.

534
00:30:06,880 --> 00:30:10,240
Speaker 1: Surprise, surprise, Justice.

535
00:30:10,000 --> 00:30:15,720
Speaker 2: Alito flags the continuing ambiguity on class certification that gives

536
00:30:15,759 --> 00:30:20,680
wiggle room for lower courts potentially threatens the practical significance

537
00:30:20,720 --> 00:30:23,839
of today's decision, the availability of third party standing and

538
00:30:23,920 --> 00:30:26,640
class certification. So that was the I said that there

539
00:30:26,680 --> 00:30:29,400
was a footnote that I had seen referenced, but I

540
00:30:30,359 --> 00:30:33,920
did not get to read it. And so this is

541
00:30:33,920 --> 00:30:36,319
what Turley is talking about. This is the footnote. It's

542
00:30:36,359 --> 00:30:40,799
a footnote eight, says the principal dissent faults US for

543
00:30:40,880 --> 00:30:44,720
failing to identify a single founding era case in which

544
00:30:44,759 --> 00:30:47,920
this court held that universal injunctions exceed a federal court's

545
00:30:47,920 --> 00:30:52,200
equitable authority. But this absence only bolsters our case that

546
00:30:52,279 --> 00:30:57,039
this court had no occasion to reject the universal injunction

547
00:30:57,160 --> 00:31:01,039
as inconsistent with traditional equity practice. Merely demonstrates that no

548
00:31:01,279 --> 00:31:05,559
party even bothered to ask for such a sweeping remedy,

549
00:31:05,839 --> 00:31:09,680
because no court would have entertained the request. What is

550
00:31:09,680 --> 00:31:13,319
he saying there, He's saying, Yeah, there's a reason why

551
00:31:13,359 --> 00:31:15,920
this issue has never come up before. It's because this

552
00:31:15,960 --> 00:31:19,920
is brand new territory. Nobody has ever thought.

553
00:31:19,680 --> 00:31:20,319
Speaker 1: To do this.

554
00:31:21,440 --> 00:31:27,319
Speaker 2: You guys have been breaking the system. That's the point

555
00:31:28,160 --> 00:31:31,160
and now because you guys, as I went over yesterday,

556
00:31:31,240 --> 00:31:35,480
for the left, you can never go too far. There's

557
00:31:35,720 --> 00:31:39,079
no limiting principles here. Oh, by the way, are we

558
00:31:39,119 --> 00:31:42,039
going to get calls again to pack the court right

559
00:31:42,480 --> 00:31:46,319
after this? Just curious, be careful because Trump is still president.

560
00:31:46,359 --> 00:31:50,720
You got a Republican Senate, so just be careful. You

561
00:31:50,759 --> 00:31:53,000
may want to just you hold your fire on that

562
00:31:53,160 --> 00:31:55,359
argument again until you get a Democrat in charge or

563
00:31:55,400 --> 00:32:01,200
a Democrat US Senate. Right, But this hasn't been done.

564
00:32:01,200 --> 00:32:05,000
These tactics have never been used. The left has adopted

565
00:32:05,039 --> 00:32:10,160
this new tactic which now required the Supreme Court to

566
00:32:10,200 --> 00:32:13,279
step in and say, you guys have gone too far.

567
00:32:13,519 --> 00:32:18,559
You have to smack their hands. They do not stop otherwise.

568
00:32:19,920 --> 00:32:25,680
But Alito pointed out that there is continuing ambiguity on

569
00:32:26,160 --> 00:32:27,640
class certification.

570
00:32:28,440 --> 00:32:33,599
Speaker 1: So this has got some court observers, shall we call them.

571
00:32:33,920 --> 00:32:38,119
Speaker 2: This has raised a concern among people that the left

572
00:32:38,160 --> 00:32:40,839
is now going to try to abuse the class certification

573
00:32:41,000 --> 00:32:46,000
process with the help of judges, that they will continue

574
00:32:46,000 --> 00:32:48,480
to judge shop, forum shop. They will go in front

575
00:32:48,480 --> 00:32:54,400
of friendly judges, allies, and they will try to make

576
00:32:54,480 --> 00:32:57,720
it easier the judge and the judge will allow them

577
00:32:57,799 --> 00:33:03,519
to do so, to create essentially fictitious classes of people,

578
00:33:04,920 --> 00:33:06,640
And so you'll get a lawyer up there like I

579
00:33:06,680 --> 00:33:09,359
think a whole class of people is America, and the

580
00:33:09,440 --> 00:33:12,680
judge will say, I agree, that's a whole class now

581
00:33:12,720 --> 00:33:15,759
and nationwide injunction again, and then the Court's going to

582
00:33:15,839 --> 00:33:18,720
have to step back in and say, no, you can't

583
00:33:18,720 --> 00:33:23,440
do that either. But that wasn't part of this particular case.

584
00:33:26,400 --> 00:33:30,119
In some ways, Turlie says, the dissents from Sutto, Mayor

585
00:33:30,599 --> 00:33:34,400
and Jackson only reaffirmed the impact of the opinion. Jackson

586
00:33:34,480 --> 00:33:41,000
is particularly hyperbolic in talking out or talking about our

587
00:33:41,119 --> 00:33:47,839
quote unquote collective demise. Barrett clearly takes offense and delivers

588
00:33:47,880 --> 00:33:51,799
the haymaker, waving away attention to the limits on judicial

589
00:33:51,839 --> 00:33:57,200
power as a quote mind numbingly technical query. She offers

590
00:33:57,240 --> 00:33:59,440
a vision of the judicial role that would make even

591
00:33:59,440 --> 00:34:03,480
the most art and defender of judicial supremacy blush. While

592
00:34:03,480 --> 00:34:06,279
most would find this mild in comparison to their own

593
00:34:06,400 --> 00:34:09,880
heated exchanges with family members, Turtly says it has the

594
00:34:09,920 --> 00:34:13,960
feel of a virtual cage match on this court institution.

595
00:34:14,920 --> 00:34:18,880
Barrett is effectively pushing back that if there is a

596
00:34:18,960 --> 00:34:24,239
threat here to our system, it is Jacksonian judicial supremacy.

597
00:34:24,480 --> 00:34:28,679
For her part, Katanji Brown Jackson unleashed a dissent that

598
00:34:28,800 --> 00:34:32,599
is hyperbolic to the point of hyperventilation. Here it is,

599
00:34:32,639 --> 00:34:35,920
this is what. Yeah, here it is from Katanji Brown Jackson.

600
00:34:37,280 --> 00:34:41,519
This court's complicity in the creation of a culture of

601
00:34:41,599 --> 00:34:45,320
disdain for lower courts, their rulings, and the law as

602
00:34:45,360 --> 00:34:49,800
they interpret it will surely hasten the downfall of our

603
00:34:49,920 --> 00:34:55,199
governing institutions, enabling our collective demise, which is a really

604
00:34:55,320 --> 00:35:00,760
wordy way of saying the democracy. Right, that's that's what

605
00:35:00,760 --> 00:35:03,320
she's doing. This is not law. This is not a

606
00:35:03,400 --> 00:35:11,840
legal opinion. Nothing like a universal injunction was available at

607
00:35:11,880 --> 00:35:16,039
the founding of our country, or for that matter, for

608
00:35:16,119 --> 00:35:22,199
more than a century thereafter. That's what the majority opinion

609
00:35:22,960 --> 00:35:27,000
ruled under the Judiciary Act. Federal court's lack authority to

610
00:35:27,119 --> 00:35:30,480
issue them, you don't get to do it. This is

611
00:35:30,519 --> 00:35:38,440
a return to constitutional constraints. Thank goodness, Mitch McConnell. Thank you,

612
00:35:38,480 --> 00:35:41,599
Mitch McConnell. Don't say that very often, but thank you,

613
00:35:41,679 --> 00:35:46,760
Mitch McConnell. David Limbaugh brother of Rush says, now that

614
00:35:46,840 --> 00:35:49,840
the left has suffered this humongous blow, which, by the way,

615
00:35:49,960 --> 00:35:53,440
not for nothing. But the word humongous is woefully underused

616
00:35:53,480 --> 00:35:55,880
I think in today's society. I remember when I was

617
00:35:55,920 --> 00:35:57,840
a kid, we used this term all the time. I

618
00:35:57,840 --> 00:36:01,880
never knew how to spell it. But anyway, David Limbaugh

619
00:36:01,880 --> 00:36:07,760
says the left has suffered this humongous blow. But now

620
00:36:07,800 --> 00:36:14,000
he says, what other anti democratic, anti constitutional, lawless, chaotic,

621
00:36:14,599 --> 00:36:19,360
violent tactics will they devise to obstruct America's return to greatness?

622
00:36:19,719 --> 00:36:25,440
Do not underestimate their capacity for and willingness to destroy right,

623
00:36:25,519 --> 00:36:30,440
This is the concern. It's sort of like it's sort

624
00:36:30,440 --> 00:36:35,440
of like city managers, school superintendents. You think that, oh

625
00:36:35,480 --> 00:36:38,519
they're awful, right, and then you get somebody else that's worse.

626
00:36:39,559 --> 00:36:42,000
So yes, and by the way, I'm not saying anything

627
00:36:42,000 --> 00:36:45,800
like that, we should have preserved this chaotic system. My

628
00:36:46,280 --> 00:36:50,639
concern is what will the leftist lawyers and their pals

629
00:36:50,679 --> 00:36:53,800
on the bench, what will they come up with next

630
00:36:54,320 --> 00:36:56,559
in order to sow even more chaos?

631
00:36:56,679 --> 00:36:58,239
Speaker 1: That's my next concern.

632
00:37:00,599 --> 00:37:02,920
Speaker 2: All right, that'll do it for this episode. Thank you

633
00:37:03,000 --> 00:37:04,960
so much for listening. I could not do the show

634
00:37:05,000 --> 00:37:07,519
without your support and the support of the businesses that

635
00:37:07,599 --> 00:37:10,679
advertise on the podcast, so if you'd like, please support

636
00:37:10,719 --> 00:37:12,360
them too and tell them you heard it here. You

637
00:37:12,400 --> 00:37:15,039
can also become a patron at my Patreon page or

638
00:37:15,119 --> 00:37:18,760
go to dpetecleanershow dot com. Again, thank you so much

639
00:37:18,760 --> 00:37:22,000
for listening, and don't break anything while I'm gone.

