JAy Sekulow - Trump Defeats Rogue Judges At Supreme Court

July 16, 2025 | 29:27

Jay Sekulow speaks about the protection of religious freedoms in America.

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Sekulow | JAy Sekulow - Trump Defeats Rogue Judges At Supreme Court | July 16, 2025
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  • - welcome to "sekulow."
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  • We've been following this case for a long time.
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  • We have had lawyers on, we've had members of our team on,
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  • And this is a big win at supreme court of the united states.
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  • Of course you remember the aclj
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  • Was representing west virginia
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  • And the west virginia attorney general, jb mccluskey,
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  • He'll be joining us later on to discuss this win.
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  • And my dad, jay sekulow,
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  • Will break down the opinion in the next segment.
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  • So you're not gonna wanna miss.
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  • We have a big victory, so it's a good time to celebrate.
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  • Will, let's break down this case,
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  • 'cause this is the important one.
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  • This is one about the judges.
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  • People have been concerned
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  • About the judges having way too much strength
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  • To shut down a president's agenda.
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  • And it looks like, and we'll get into the nuance of it,
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  • But it looks like we were right in that situation.
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  • - that's right, so this case,
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  • And you'll see in the headlines if you're reading online
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  • And everything, the birthright citizenship case
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  • Is what all the media is putting the headlines behind.
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  • But in reality, this had nothing to do with the merits
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  • Of that case, with that executive order
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  • On birthright citizenship.
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  • What the government took to the supreme court was the issue
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  • Of these nationwide injunctions,
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  • Basically a district judge being able
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  • To completely halt the executive branch's policy
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  • In perpetuity with just the stroke of a pen
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  • By issuing an order saying this is a nationwide injunction
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  • - and we see this- - while it goes
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  • Through the court system. - over and over
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  • And over again.
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  • We saw it unlike any other presidency in history,
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  • Where all of a sudden,
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  • Every time president trump went to go make a move,
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  • A random judge is what it felt like,
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  • A random judge in a random district could halt it all.
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  • And of course, the american people eyes were opened,
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  • And they said, "this can't be how it's supposed to be."
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  • And supreme court had a six to three decision, correct?
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  • - that's right. six to three decision.
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  • This was authored by amy coney barrett.
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  • And it's a wonderful opinion.
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  • We'll get into it, but it's based off history,
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  • The constitution, the rule of law.
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  • And we'll also get into some of the things
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  • That the dissenters, that would be sotomayor, kagan,
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  • And justice jackson had to say about this.
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  • It's kind of shocking, but we'll get into that as well.
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  • Of course, we have your dad coming up in the next segment
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  • To talk about this opinion
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  • And the role we played in it as well,
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  • As well as the attorney general of west virginia,
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  • Jb mccluskey, will be joining us a little bit later on.
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  • - but i do think there should be
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  • Some celebratory moments here when you realize
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  • The supreme court of the united states
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  • Isn't just going to take it,
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  • And they're not just going to really relieve,
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  • Only give judges unilateral control over our government.
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  • This is a big, big win.
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  • And again, even there are some direct things
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  • That come from the work of the aclj we'll discuss as well.
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  • So when you're like, "hey, how the aclj was involved,"
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  • We'll talk about that in the next segment,
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  • And see how it directly impacts when you support the work
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  • Of the aclj, how it can directly impact
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  • The supreme court of the united states,
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  • 'cause we filed a brief,
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  • And that brief was pretty much quoted throughout this.
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  • So we're gonna discuss that coming up.
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  • This should be a bipartisan matter.
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  • Has nothing to do with, as will said,
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  • Whether you agree with birthright citizenship,
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  • Don't believe in birthright citizenship.
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  • It's more, should the president of the united states,
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  • Republican or democrat, have the ability to do
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  • What president trump was attempting to do?
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  • And the supreme court,
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  • From a six to three decision, said absolutely.
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  • Welcome back to "sekulow."
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  • Of course, we are celebrating a big win,
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  • And we think we need to restate, will, what's happening.
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  • And then my dad, jay sekulow, he's on the phone.
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  • We're joining him live
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  • To really break down the opinion, but let's go over it.
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  • For those just joining right now,
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  • We have been fighting for this for months
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  • And months where president trump has, you know,
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  • Had all of these rogue judges who were able
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  • To somehow dictate the law of the land,
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  • The federal government, it feels like,
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  • Were able to step in in a way that felt unconstitutional
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  • Because of the way it was being targeted to president trump.
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  • Supreme court ruled that it seems like they agree
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  • With us on that.
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  • - that's right, this was a six-three decision authored
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  • By justice barrett.
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  • The dissenters were justice sotomayor, justice kagan
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  • And justice jackson, the three liberal members of the court.
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  • And in what barrett's opinion held was that some say
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  • That universal injunction gives the judiciary
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  • A powerful tool to check the executive branch,
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  • But federal courts do not exercise general oversight
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  • Of the executive branch.
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  • They resolve cases and controversies consistent
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  • With the authority congress has given them.
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  • We're gonna go to chief counsel of the aclj, jay sekulow,
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  • And what is your first thought on this very important case?
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  • - [jay] well, the first of all, the position,
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  • This is a big win for the administration.
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  • It's a big win for us.
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  • In fact, the argument that we put forward
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  • Was used in large part
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  • By justice barrett in her majority opinion.
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  • And here's what the court said.
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  • So you've got a situation
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  • Where the president's executive actions
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  • And other actions were being challenged
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  • By citizens of various locales.
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  • And then the court, instead of saying,
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  • "well, we'll imply an injunction as to those people,"
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  • They were doing it for the entire country.
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  • And there's no precedent in our history.
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  • And this is what justice barrett pointed out,
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  • And we pointed out too.
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  • There's no history precedent for this action.
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  • Zero, none.
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  • So when you look at it that way
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  • And realize what's at play, this was a 100% victory.
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  • It stops these rogue judges
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  • From issuing nationwide injunctions.
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  • I mean, a us district court judge
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  • Could stop the administration dead
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  • In its tracks for the whole country.
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  • And the court said that's not the way our system's set up.
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  • That's not the way jurisdictions set up.
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  • That's not the way the constitution works.
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  • - and when you look at the ruling,
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  • And i think this is important for the audience to hear,
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  • Because we think of supreme court arguments,
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  • You hear the two sides deliver an oral argument.
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  • But as you say many times that the, a lot of times,
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  • The supreme court decisions aren't won
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  • During the oral argument.
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  • And that is why, at the aclj, we engage in these types
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  • Of filing amicus briefs,
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  • Putting forward the briefing for the justices,
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  • Which is a large part of how they write their opinions.
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  • And when you see in this one,
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  • The arguments the aclj was making about rule 26
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  • Of the federal judiciary,
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  • As well as even some of the phraseology,
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  • Like the historical pedigree
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  • That was used in the opinion was a phrase
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  • That we were using in our own brief,
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  • You can start to understand why the briefing is so important
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  • For these justices as they come
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  • To their opinions on the law.
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  • - [jay] well, that's exactly correct.
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  • And look, we've been at this for 45 years,
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  • And the truth in the matter is this.
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  • Our briefs are frequently cited
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  • By the courts, utilized by the courts.
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  • And this was a perfect example of it.
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  • It came out exactly as we anticipated
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  • And we were hopeful for,
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  • And it's the perfect decision in the sense
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  • That it curtails the ability of these judges
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  • To stop the administration's actions for the entire country.
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  • They could do it for their district.
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  • They can do it for the plaintiffs that's in front of them,
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  • But not for the whole country.
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  • And that makes a big difference
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  • In how these things move forward.
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  • - yeah, i wanted to talk about that too,
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  • 'cause this is something that's gonna be setting precedent.
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  • A lot of people think about the fact
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  • That president trump's currently in office,
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  • This is president trump.
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  • This isn't just for president trump,
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  • This is for future republicans and democrats,
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  • 'cause if you could play this game, it will be endless.
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  • It would've been an endless battle
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  • For every administration, you know, maybe for the history
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  • Of time at that point where nothing could get done.
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  • It's another way that these, you know, judges,
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  • And really honestly the activists, can figure out how
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  • To stop even what the american people are voting for.
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  • - that's exactly correct.
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  • And here's the reality of what's happened.
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  • This put a check on the judiciary, which, again,
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  • Coincides with the constitutional directives
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  • Of a unitary executive.
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  • The president makes these decisions.
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  • A judge could stop it, but only for their district.
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  • No more universal jurisdiction.
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  • It wasn't good if republicans did it.
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  • It's not good if democrats do it. it should not happen.
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  • - all right, to break it down just a little bit more
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  • For those who are just tuning in right now,
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  • So overall, 'cause of course,
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  • If you start reading one of these wins,
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  • You start reading one of the opinions
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  • From the supreme court.
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  • If you're not used to reading the opinions,
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  • It can get a little murky.
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  • So i was reading it, starting to read it,
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  • And i jumped to the bottom to go, "okay, who voted for it?"
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  • Because i think that can be a pretty good indication
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  • Of who voted for what,
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  • And whether they were being a little bit more nuanced in it.
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  • But for those who are just reading this,
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  • What i guess would be the big win takeaways,
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  • And is there anything we need to be looking out for
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  • In terms of the way these opinions are written?
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  • - [jay] well, the big win takeaway
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  • Is that a judge cannot stop the act.
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  • An individual judge can't stop the actions
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  • Of the administration for the entire country, that's over.
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  • So this judge shopping that they're doing is finished.
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  • And that's really important.
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  • And what this means is the president
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  • Can exercise his authority under article two.
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  • The court's article three authority is checked in the sense
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  • That their jurisdiction is limited
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  • To what congress authorized.
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  • Congress did not authorize universal jurisdiction.
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  • There was no history or precedent. it's over.
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  • - sometimes, as logan was talking about,
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  • You read, and especially when the opinions
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  • Are rooted in the law,
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  • And they are going through the history and things,
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  • Sometimes you do have to parse out,
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  • Okay, how big of a win is this?
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  • You know, is this very limited to this one case,
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  • Or is it broad?
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  • But sometimes you can jump to the dissents,
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  • And get a real, full picture of how big
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  • Of a win it is based off how upset
  • 00:10:09.533 --> 00:10:12.269
  • The more liberal, philosophically-minded justices are.
  • 00:10:12.269 --> 00:10:17.074
  • And i wanted to read this from justice jackson's dissent,
  • 00:10:17.074 --> 00:10:20.244
  • Who has actually surprised us many times
  • 00:10:20.244 --> 00:10:22.713
  • By voting in the way of the conservatives,
  • 00:10:22.713 --> 00:10:25.983
  • Especially on the immunity decision
  • 00:10:25.983 --> 00:10:28.919
  • Where she was joining the conservatives in that.
  • 00:10:28.919 --> 00:10:31.555
  • But she had this to say about this opinion.
  • 00:10:31.555 --> 00:10:35.693
  • "perhaps the degradation of our rule
  • 00:10:35.693 --> 00:10:38.062
  • Of law regime would've happened anyway.
  • 00:10:38.062 --> 00:10:40.831
  • But this court's complicity in the creation of a culture
  • 00:10:40.831 --> 00:10:44.568
  • Of disdain for lower courts, their rulings,
  • 00:10:44.568 --> 00:10:47.838
  • And the law as they interpret it,
  • 00:10:47.838 --> 00:10:50.207
  • Will surely hasten the downfall
  • 00:10:50.207 --> 00:10:52.543
  • Of our governing institutions,
  • 00:10:52.543 --> 00:10:54.645
  • Enabling our collective demise."
  • 00:10:54.645 --> 00:10:57.748
  • I don't think i've read something
  • 00:10:57.748 --> 00:10:59.650
  • So apocalyptic in a dissent before, but maybe i'm wrong.
  • 00:10:59.650 --> 00:11:02.586
  • - [logan] it's hilarious.
  • 00:11:02.586 --> 00:11:03.587
  • - [jay] first of all, okay,
  • 00:11:03.587 --> 00:11:04.822
  • It's a procedural decision, okay? (laughs)
  • 00:11:04.822 --> 00:11:07.491
  • And it's a good procedural decision.
  • 00:11:07.491 --> 00:11:08.893
  • It says courts can exercise universal jurisdiction.
  • 00:11:08.893 --> 00:11:12.096
  • That makes total sense.
  • 00:11:12.096 --> 00:11:13.430
  • But to say this is the end of the, you know,
  • 00:11:13.430 --> 00:11:14.999
  • The rule of law as we know it is nonsense.
  • 00:11:14.999 --> 00:11:17.234
  • I mean, totally incorrect.
  • 00:11:17.234 --> 00:11:19.170
  • Great decision by justice barrett.
  • 00:11:19.170 --> 00:11:21.038
  • Good win for the administration.
  • 00:11:21.038 --> 00:11:22.373
  • Good win for us. we're thrilled.
  • 00:11:22.373 --> 00:11:24.575
  • - all right, thank you, dad, for joining us again,
  • 00:11:24.575 --> 00:11:25.876
  • Jay sekulow, chief counsel of the aclj.
  • 00:11:25.876 --> 00:11:27.411
  • In the next segment we're gonna hear from jb mccluskey,
  • 00:11:27.411 --> 00:11:30.147
  • Will, attorney general
  • 00:11:30.147 --> 00:11:31.248
  • Of west virginia. - that's right.
  • 00:11:31.248 --> 00:11:32.650
  • - and he was directly involved in our suit here.
  • 00:11:32.650 --> 00:11:34.718
  • - that's right.
  • 00:11:34.718 --> 00:11:36.053
  • We worked with the attorney general's office
  • 00:11:36.053 --> 00:11:37.955
  • Of west virginia, and in the brief that we filed,
  • 00:11:37.955 --> 00:11:41.358
  • Was on behalf of the state of west virginia.
  • 00:11:41.358 --> 00:11:45.229
  • So both the attorney general and his solicitor general,
  • 00:11:45.229 --> 00:11:48.699
  • As well as our team's names
  • 00:11:48.699 --> 00:11:50.501
  • Are all on the front of the brief.
  • 00:11:50.501 --> 00:11:52.169
  • And the brief of amicus curiae,
  • 00:11:52.169 --> 00:11:54.672
  • State of west virginia in support
  • 00:11:54.672 --> 00:11:57.174
  • Of the applicants is the title of our brief.
  • 00:11:57.174 --> 00:11:59.743
  • So it's a win for not just the aclj and all of our members,
  • 00:11:59.743 --> 00:12:03.747
  • But as well as a client in this,
  • 00:12:03.747 --> 00:12:06.317
  • The state of west virginia,
  • 00:12:06.317 --> 00:12:07.918
  • That was concerned about the implications
  • 00:12:07.918 --> 00:12:11.989
  • Of these district judges,
  • 00:12:11.989 --> 00:12:14.124
  • Not just on the administration, but how people could then go
  • 00:12:14.124 --> 00:12:18.796
  • And forum shop to get nationwide injunctions to try
  • 00:12:18.796 --> 00:12:22.700
  • And block things that individual states were doing,
  • 00:12:22.700 --> 00:12:25.402
  • And trying to almost have state warfare, economic warfare
  • 00:12:25.402 --> 00:12:29.707
  • Or lawfare against other states, by the way,
  • 00:12:29.707 --> 00:12:32.676
  • That injunctions could be placed and handed down.
  • 00:12:32.676 --> 00:12:35.846
  • And so we'll get the take
  • 00:12:35.846 --> 00:12:37.648
  • Of attorney general mccluskey in the next segment.
  • 00:12:37.648 --> 00:12:41.185
  • Very busy time for the attorney general.
  • 00:12:41.185 --> 00:12:43.354
  • He's able to join us.
  • 00:12:43.354 --> 00:12:44.655
  • So that's gonna be great to have him joining us
  • 00:12:44.655 --> 00:12:47.491
  • (dramatic music)
  • 00:12:47.491 --> 00:12:52.997
  • (dramatic music)
  • 00:12:53.290 --> 00:12:56.460
  • - we, again, together with the state of west virginia,
  • 00:12:57.561 --> 00:12:59.997
  • It's an honor for the aclj
  • 00:12:59.997 --> 00:13:01.432
  • And our members to be standing up for the citizens
  • 00:13:01.432 --> 00:13:03.901
  • Of west virginia,
  • 00:13:03.901 --> 00:13:05.402
  • Filed together a brief at the us supreme court today,
  • 00:13:05.402 --> 00:13:08.472
  • And these cases involving district court judges
  • 00:13:08.472 --> 00:13:12.009
  • Issuing injunctions, preventing the executive branch
  • 00:13:12.009 --> 00:13:15.179
  • From being able to function.
  • 00:13:15.179 --> 00:13:16.680
  • But we've gotten to a point in time
  • 00:13:16.680 --> 00:13:17.982
  • Where the courts have gotten very politicized.
  • 00:13:17.982 --> 00:13:19.984
  • I've talked about this with you, jb, before,
  • 00:13:19.984 --> 00:13:22.086
  • But i think just leaving that court case,
  • 00:13:22.086 --> 00:13:24.288
  • What you could see is taking politics out of the law
  • 00:13:24.288 --> 00:13:26.690
  • Is becoming more and more difficult every day.
  • 00:13:26.690 --> 00:13:29.526
  • And it's not, again,
  • 00:13:29.526 --> 00:13:31.428
  • It's not just talking about president trump,
  • 00:13:31.428 --> 00:13:33.864
  • But from administration to administration.
  • 00:13:33.864 --> 00:13:35.666
  • If we keep going down this road,
  • 00:13:35.666 --> 00:13:37.167
  • It's hard to see where it stops.
  • 00:13:37.167 --> 00:13:38.836
  • - well, government overreach exists in the judicial branch
  • 00:13:38.836 --> 00:13:41.372
  • As much as it does in the executive
  • 00:13:41.372 --> 00:13:43.173
  • And in the legislative branch.
  • 00:13:43.173 --> 00:13:44.775
  • And west virginia has been a leader in ensuring
  • 00:13:44.775 --> 00:13:48.379
  • That administrative agencies
  • 00:13:48.379 --> 00:13:49.947
  • Don't overreach their authority,
  • 00:13:49.947 --> 00:13:51.482
  • Things like the epa, things like waters of the united states
  • 00:13:51.482 --> 00:13:54.351
  • Where we were being regulated outside of
  • 00:13:54.351 --> 00:13:56.987
  • What the congressionally available remedies were.
  • 00:13:56.987 --> 00:14:00.257
  • And we said to the court, we said,
  • 00:14:00.257 --> 00:14:01.759
  • "hey, the epa has overstepped its bounds here."
  • 00:14:01.759 --> 00:14:03.894
  • The constitution and the law allows them to do this.
  • 00:14:03.894 --> 00:14:06.497
  • The courts have the same set of laws
  • 00:14:06.497 --> 00:14:08.098
  • And the same set of rules.
  • 00:14:08.098 --> 00:14:09.500
  • And district courts are only allowed to decide cases
  • 00:14:09.500 --> 00:14:12.302
  • For the plaintiffs and the people that are in front of them.
  • 00:14:12.302 --> 00:14:14.371
  • And i think the most salient factor here
  • 00:14:14.371 --> 00:14:16.540
  • Is that there is a remedy.
  • 00:14:16.540 --> 00:14:17.908
  • The remedy is to file a case in the court
  • 00:14:17.908 --> 00:14:20.611
  • Where you certify a class of people
  • 00:14:20.611 --> 00:14:22.880
  • So the court knows who they're talking to.
  • 00:14:22.880 --> 00:14:25.749
  • They got into that a lot today.
  • 00:14:25.749 --> 00:14:27.017
  • And i think the fundamental issue
  • 00:14:27.017 --> 00:14:28.552
  • That we're talking about now is i think the court recognized
  • 00:14:28.552 --> 00:14:32.222
  • That these are disfavored,
  • 00:14:32.222 --> 00:14:33.757
  • And that this cadre of nationwide injunctions
  • 00:14:33.757 --> 00:14:36.860
  • Is a dangerous road to hoe.
  • 00:14:36.860 --> 00:14:39.029
  • I think the question's going to become whether
  • 00:14:39.029 --> 00:14:41.165
  • Or not they believe exceptions should exist
  • 00:14:41.165 --> 00:14:42.933
  • In extraordinary circumstances.
  • 00:14:42.933 --> 00:14:45.269
  • They're either gonna say the rules matter
  • 00:14:45.269 --> 00:14:46.703
  • In all circumstances, or they're gonna say,
  • 00:14:46.703 --> 00:14:48.539
  • "we need to start limiting the way
  • 00:14:48.539 --> 00:14:50.207
  • That district courts can do this."
  • 00:14:50.207 --> 00:14:52.409
  • We're very hopeful that they're gonna follow
  • 00:14:52.409 --> 00:14:54.144
  • The historical rule of law,
  • 00:14:54.144 --> 00:14:55.512
  • And say that we don't do nationwide injunctions
  • 00:14:55.512 --> 00:14:57.381
  • In this country.
  • 00:14:57.381 --> 00:14:58.615
  • - when you look at this issue too, i mean,
  • 00:14:58.615 --> 00:14:59.716
  • And this is why you got involved,
  • 00:14:59.716 --> 00:15:01.452
  • And why the state of west virginia is involved in this case,
  • 00:15:01.452 --> 00:15:03.520
  • Is because you're not looking at it as just a temporary,
  • 00:15:03.520 --> 00:15:05.823
  • You know, what's gonna happen
  • 00:15:05.823 --> 00:15:07.157
  • In the next first 100 days of a presidency.
  • 00:15:07.157 --> 00:15:08.926
  • And yes, i can step back
  • 00:15:08.926 --> 00:15:10.961
  • And say from a political standpoint,
  • 00:15:10.961 --> 00:15:13.130
  • This is a broader issue going on in this one case.
  • 00:15:13.130 --> 00:15:15.799
  • I mean, basically every time this executive has tried
  • 00:15:15.799 --> 00:15:19.870
  • To act, this is what's being done.
  • 00:15:19.870 --> 00:15:22.439
  • You find a court in washington state
  • 00:15:22.439 --> 00:15:24.641
  • That will say, "you know what,
  • 00:15:24.641 --> 00:15:25.742
  • If this district court judge said
  • 00:15:25.742 --> 00:15:27.444
  • You could stop the interpretation of this citizenship grant,
  • 00:15:27.444 --> 00:15:31.148
  • Then i could stop whether the coal industry
  • 00:15:31.148 --> 00:15:33.016
  • Can produce more coal."
  • 00:15:33.016 --> 00:15:33.917
  • And then ultimately here,
  • 00:15:33.917 --> 00:15:35.919
  • So we wanna step out from the politics, but like you said,
  • 00:15:35.919 --> 00:15:40.557
  • These are those kind of crossroads in the country.
  • 00:15:41.592 --> 00:15:43.293
  • - we're joined by attorney general of west virginia,
  • 00:15:43.293 --> 00:15:45.496
  • Jb mccluskey, who has obviously been deeply involved
  • 00:15:45.496 --> 00:15:48.565
  • In this case through our entire run here at the aclj.
  • 00:15:48.565 --> 00:15:51.735
  • Of course he's an aclj alum as well.
  • 00:15:51.735 --> 00:15:54.104
  • But jb, i wanna get your initial feelings
  • 00:15:54.104 --> 00:15:56.140
  • Coming after this big win.
  • 00:15:56.140 --> 00:15:57.841
  • - [jb] yeah, this is a really good one.
  • 00:15:58.675 --> 00:16:00.711
  • You know, while we didn't get to the merits
  • 00:16:00.711 --> 00:16:01.979
  • Of the actual underlying question,
  • 00:16:01.979 --> 00:16:04.047
  • The supreme court held very sternly
  • 00:16:04.047 --> 00:16:06.383
  • That these nationwide injunctions need to stop,
  • 00:16:06.383 --> 00:16:08.886
  • And that they are unconstitutional.
  • 00:16:08.886 --> 00:16:10.387
  • They do exceed the scope
  • 00:16:10.387 --> 00:16:12.256
  • Of what our district courts are allowed to do.
  • 00:16:12.256 --> 00:16:14.324
  • And they are politicizing the courts in a way
  • 00:16:14.324 --> 00:16:16.493
  • That is very dangerous,
  • 00:16:16.493 --> 00:16:17.861
  • Whether it's a republican or a democrat doing it.
  • 00:16:17.861 --> 00:16:19.596
  • And so we are just tickled,
  • 00:16:19.596 --> 00:16:21.431
  • And the best part about this is that much
  • 00:16:21.431 --> 00:16:24.234
  • Of the language used in the amicus that we co-drafted
  • 00:16:24.234 --> 00:16:27.070
  • With you guys was relied upon by the court,
  • 00:16:27.070 --> 00:16:29.339
  • And they're holding it.
  • 00:16:29.339 --> 00:16:30.507
  • So we're really happy about this one.
  • 00:16:30.507 --> 00:16:32.176
  • - it really has been amazing to read those,
  • 00:16:32.176 --> 00:16:33.644
  • And always see what the aclj can do,
  • 00:16:33.644 --> 00:16:35.212
  • And what your team's done,
  • 00:16:35.212 --> 00:16:36.513
  • 'cause when i look at this, and you are right,
  • 00:16:36.513 --> 00:16:38.415
  • This is something bipartisanship should overtake this win,
  • 00:16:38.415 --> 00:16:42.419
  • Not just a president trump win,
  • 00:16:42.419 --> 00:16:43.854
  • Not just a attorney general of west virginia win,
  • 00:16:43.854 --> 00:16:45.822
  • 'cause this is gonna set precedent for the rest of our life,
  • 00:16:45.822 --> 00:16:47.958
  • Whether the republican or democrat.
  • 00:16:47.958 --> 00:16:49.226
  • And look, if you agree like we agree,
  • 00:16:49.226 --> 00:16:51.328
  • That shouldn't matter in this sense
  • 00:16:51.328 --> 00:16:52.829
  • That it is not a partisan win one way or the other.
  • 00:16:52.829 --> 00:16:55.032
  • But will, i know you got something you wanna share.
  • 00:16:55.032 --> 00:16:56.466
  • - right, and jb, you may have not seen this yet.
  • 00:16:56.466 --> 00:17:00.003
  • I know that you probably were pouring over the dissents
  • 00:17:00.003 --> 00:17:02.573
  • Just to see what the justices,
  • 00:17:02.573 --> 00:17:04.775
  • The three liberal justices had to say on this opinion.
  • 00:17:04.775 --> 00:17:07.945
  • But there is a line i wanna get your take on,
  • 00:17:07.945 --> 00:17:10.314
  • Especially as someone who is an attorney general of a state
  • 00:17:10.314 --> 00:17:13.250
  • Who very much lives by the rule
  • 00:17:13.250 --> 00:17:16.753
  • Of law in your everyday proceedings
  • 00:17:16.753 --> 00:17:19.590
  • As that officer of the state,
  • 00:17:19.590 --> 00:17:21.291
  • And justice jackson had this to say in her dissent,
  • 00:17:21.291 --> 00:17:24.828
  • "perhaps the degradation of our rule
  • 00:17:24.828 --> 00:17:27.130
  • Of law regime would happen anyway.
  • 00:17:27.130 --> 00:17:30.033
  • But this court's complicity in the creation of a culture
  • 00:17:30.033 --> 00:17:33.870
  • Of disdain for lower courts,
  • 00:17:33.870 --> 00:17:36.106
  • Their rulings, and the law, as they interpret it,
  • 00:17:36.106 --> 00:17:39.509
  • Will surely hasten the downfall
  • 00:17:39.509 --> 00:17:42.012
  • Of our governing institutions,
  • 00:17:42.012 --> 00:17:44.114
  • Enabling our collective demise."
  • 00:17:44.114 --> 00:17:47.417
  • Is that the feeling you get
  • 00:17:47.417 --> 00:17:48.652
  • From this ruling, attorney general?
  • 00:17:48.652 --> 00:17:52.122
  • - [jb] i generally don't feel like our country
  • 00:17:52.122 --> 00:17:54.591
  • Is spiraling into chaos
  • 00:17:54.591 --> 00:17:56.193
  • When we uphold the constitutional framework
  • 00:17:56.193 --> 00:17:59.129
  • That was set up by the framers, for sure.
  • 00:17:59.129 --> 00:18:01.265
  • And you know, honestly, it feels a little on the nose
  • 00:18:01.265 --> 00:18:05.102
  • If i'm being honest.
  • 00:18:05.102 --> 00:18:06.069
  • I mean, that is a pretty lengthy
  • 00:18:06.069 --> 00:18:09.273
  • And weighty thing to say about district courts issuing,
  • 00:18:09.273 --> 00:18:12.442
  • Being able to issue it nationwide injunctions.
  • 00:18:12.442 --> 00:18:14.311
  • That is, it's probably what prompted the small response
  • 00:18:14.311 --> 00:18:20.083
  • To that language by amy coney barrett too,
  • 00:18:20.984 --> 00:18:23.353
  • If i had to guess.
  • 00:18:23.353 --> 00:18:24.321
  • - and normally you don't see-
  • 00:18:24.321 --> 00:18:25.889
  • - [logan] just so performative.
  • 00:18:25.889 --> 00:18:27.224
  • - within opinions like that, within the body
  • 00:18:27.224 --> 00:18:29.126
  • Of the opinion, a direct smack down,
  • 00:18:29.126 --> 00:18:32.262
  • So to speak. (logan laughs)
  • 00:18:32.262 --> 00:18:33.697
  • And that's what the attorney general's referencing
  • 00:18:33.697 --> 00:18:35.632
  • Is that this was written by justice barrett.
  • 00:18:35.632 --> 00:18:40.203
  • We will not dwell on justice jackson's argument,
  • 00:18:40.203 --> 00:18:42.906
  • Which is at odds with more
  • 00:18:42.906 --> 00:18:44.308
  • Than two centuries' worth of precedent,
  • 00:18:44.308 --> 00:18:46.543
  • Not to mention the constitution itself.
  • 00:18:46.543 --> 00:18:49.012
  • We observe only this.
  • 00:18:49.012 --> 00:18:50.514
  • Justice jackson decries an imperial executive
  • 00:18:50.514 --> 00:18:54.384
  • While embracing an imperial judiciary.
  • 00:18:54.384 --> 00:18:57.454
  • - yeah, it feels almost, you know,
  • 00:18:57.454 --> 00:18:59.623
  • Like the time of the founders,
  • 00:18:59.623 --> 00:19:01.425
  • (will laughs) like the way they would talk
  • 00:19:01.425 --> 00:19:02.526
  • To each other via the news.
  • 00:19:02.526 --> 00:19:04.027
  • - right, through the letters. - through the papers,
  • 00:19:04.027 --> 00:19:05.329
  • Through letters, like it's just kind of,
  • 00:19:05.329 --> 00:19:07.264
  • It's humorous, but it's not, but it is humorous
  • 00:19:07.264 --> 00:19:09.466
  • To read this like end-of-the-world apocalyptic language,
  • 00:19:09.466 --> 00:19:12.336
  • Right, when it comes down to whether judges have the right
  • 00:19:12.336 --> 00:19:14.504
  • To make these kind of decisions.
  • 00:19:14.504 --> 00:19:17.140
  • Jb, i'm very excited that we were able
  • 00:19:17.140 --> 00:19:19.076
  • To wrap this up also so quickly, and that the aclj team
  • 00:19:19.076 --> 00:19:22.779
  • Was able to jump in and help you out.
  • 00:19:22.779 --> 00:19:24.247
  • But you and jordan were so actively involved in this.
  • 00:19:24.247 --> 00:19:26.717
  • You were there at the court really just being,
  • 00:19:26.717 --> 00:19:31.488
  • When the aclj team can get behind something like this,
  • 00:19:31.488 --> 00:19:35.459
  • It really shows how amazing the work can be done.
  • 00:19:35.459 --> 00:19:38.161
  • - [jb] yes, and this is sort
  • 00:19:38.161 --> 00:19:39.830
  • Of the reason why you build coalitions, right,
  • 00:19:39.830 --> 00:19:42.566
  • Is to make sure that you have all
  • 00:19:42.566 --> 00:19:45.102
  • Of the skill you need to do big things.
  • 00:19:45.102 --> 00:19:47.504
  • And this is a really, really big win,
  • 00:19:47.504 --> 00:19:49.206
  • Not just for obviously west virginia,
  • 00:19:49.206 --> 00:19:51.341
  • But this is a big win for our country.
  • 00:19:51.341 --> 00:19:53.810
  • This scourge of nationwide injunctions
  • 00:19:53.810 --> 00:19:55.545
  • Was only going to get worse,
  • 00:19:55.545 --> 00:19:56.980
  • And we had to step in and do something.
  • 00:19:56.980 --> 00:19:58.582
  • And i'm just really thankful that we were able
  • 00:19:58.582 --> 00:20:00.684
  • To play a part in this, and even more thankful
  • 00:20:00.684 --> 00:20:03.787
  • For the six majority judges who agreed with us.
  • 00:20:03.787 --> 00:20:06.957
  • - jb, thank you so much for joining us.
  • 00:20:07.791 --> 00:20:09.459
  • I know that you've got a lot going on, a lot on your plate.
  • 00:20:09.459 --> 00:20:13.330
  • It's not like you just sit around
  • 00:20:13.330 --> 00:20:14.664
  • And read opinions from the supreme court all day.
  • 00:20:14.664 --> 00:20:16.633
  • So thank you for joining us,
  • 00:20:16.633 --> 00:20:18.802
  • Being able to on quick notice when we got this out.
  • 00:20:18.802 --> 00:20:21.304
  • Your team is wonderful to work with.
  • 00:20:21.304 --> 00:20:22.806
  • We appreciate them
  • 00:20:22.806 --> 00:20:24.274
  • And appreciate you joining us on the broadcast today.
  • 00:20:24.274 --> 00:20:26.710
  • - [jb] yeah, i don't have to read those things, will.
  • 00:20:26.710 --> 00:20:28.111
  • I have you for that.
  • 00:20:28.111 --> 00:20:28.945
  • - [logan] that's right.
  • 00:20:28.945 --> 00:20:29.780
  • (logan and will laugh)
  • 00:20:29.780 --> 00:20:30.614
  • Just like old times.
  • 00:20:30.614 --> 00:20:31.715
  • - [jb] you guys have a great day,
  • 00:20:31.715 --> 00:20:32.983
  • And we are pouring through this decision,
  • 00:20:32.983 --> 00:20:33.984
  • And it really is a good one.
  • 00:20:33.984 --> 00:20:35.352
  • - all right, jb, thank you so much for joining us.
  • 00:20:35.352 --> 00:20:36.920
  • Attorney general jb mccluskey from west virginia.
  • 00:20:36.920 --> 00:20:39.289
  • We're able to have such amazing guests like jb who, again,
  • 00:20:39.289 --> 00:20:41.858
  • Who also are aclj alumni, people that have been part
  • 00:20:41.858 --> 00:20:44.594
  • Of the team throughout the years.
  • 00:20:44.594 --> 00:20:46.296
  • And it's really encouraging to go to this next step
  • 00:20:46.296 --> 00:20:49.533
  • And be able to see
  • 00:20:49.533 --> 00:20:50.867
  • How our team has been able to now influence
  • 00:20:50.867 --> 00:20:52.235
  • The supreme court of the united states once again
  • 00:20:52.235 --> 00:20:54.004
  • For another generation.
  • 00:20:54.004 --> 00:20:55.405
  • And again, that doesn't happen without your support.
  • 00:20:55.405 --> 00:20:57.407
  • I do wanna take some phone calls also,
  • 00:20:57.407 --> 00:20:59.443
  • And i wanna hear from president trump,
  • 00:20:59.443 --> 00:21:01.178
  • 'cause i know that he has been speaking about this.
  • 00:21:01.178 --> 00:21:02.879
  • Do you wanna play something from trump?
  • 00:21:02.879 --> 00:21:04.414
  • - let's go ahead. this is from the press conference he-
  • 00:21:04.414 --> 00:21:06.917
  • - [logan] moments ago.
  • 00:21:06.917 --> 00:21:08.251
  • - announced early, as soon as this came out,
  • 00:21:08.251 --> 00:21:10.020
  • This decision by the supreme court
  • 00:21:10.020 --> 00:21:12.155
  • That there would be a press conference with him
  • 00:21:12.155 --> 00:21:13.924
  • And the attorney general and todd blanche as well.
  • 00:21:13.924 --> 00:21:17.294
  • - he's elected on a historic mandate.
  • 00:21:17.294 --> 00:21:20.096
  • But in recent months, we've seen a handful
  • 00:21:20.096 --> 00:21:22.365
  • Of radical left judges effectively try
  • 00:21:22.365 --> 00:21:25.035
  • To overrule the rightful powers of the president
  • 00:21:25.035 --> 00:21:28.238
  • To stop the american people from getting the policies
  • 00:21:28.238 --> 00:21:31.441
  • That they voted for in record numbers.
  • 00:21:31.441 --> 00:21:34.077
  • It was a grave threat to democracy, frankly.
  • 00:21:34.077 --> 00:21:36.913
  • And instead of merely ruling on the immediate cases
  • 00:21:36.913 --> 00:21:40.183
  • Before them, these judges have attempted to dictate the law
  • 00:21:40.183 --> 00:21:43.653
  • For the entire nation.
  • 00:21:43.653 --> 00:21:46.189
  • In practice, this meant that if any one
  • 00:21:46.189 --> 00:21:48.325
  • Of the nearly 700 federal judges disagreed with the policy
  • 00:21:48.325 --> 00:21:52.028
  • Of a duly elected president of the united states,
  • 00:21:52.028 --> 00:21:55.966
  • He or she could block that policy from going into effect,
  • 00:21:55.966 --> 00:21:59.769
  • Or at least delay it for many years,
  • 00:21:59.769 --> 00:22:02.172
  • Tie it up in the court system.
  • 00:22:02.172 --> 00:22:04.374
  • This was a colossal abuse of power
  • 00:22:04.374 --> 00:22:06.309
  • Which never occurred in american history
  • 00:22:06.309 --> 00:22:08.778
  • Prior to recent decades.
  • 00:22:08.778 --> 00:22:10.814
  • And we've been hit with more nationwide injunctions
  • 00:22:10.814 --> 00:22:13.783
  • Than were issued in the entire 20th century.
  • 00:22:13.783 --> 00:22:17.020
  • - all right, let's continue on. we got john in boston.
  • 00:22:17.020 --> 00:22:20.657
  • John, you're on the air.
  • 00:22:20.657 --> 00:22:22.259
  • - [john] thanks for taking my call, guys.
  • 00:22:23.159 --> 00:22:24.895
  • What do we do with judges
  • 00:22:24.895 --> 00:22:26.162
  • Like judge murphy up here in boston
  • 00:22:26.162 --> 00:22:28.798
  • Who was ignoring the supreme court's ruling,
  • 00:22:28.798 --> 00:22:31.568
  • And basically saying, you know.
  • 00:22:31.568 --> 00:22:35.138
  • - [logan] yeah, exactly.
  • 00:22:35.138 --> 00:22:36.406
  • - [john] "i'm gonna find you in contempt
  • 00:22:36.406 --> 00:22:38.675
  • When you come back or-"
  • 00:22:38.675 --> 00:22:40.243
  • - so what john's referring to is that there was the judge
  • 00:22:40.243 --> 00:22:42.979
  • That issued an injunction
  • 00:22:42.979 --> 00:22:44.214
  • About the president deporting migrants
  • 00:22:44.214 --> 00:22:48.018
  • That were slated for removal to a third-party country.
  • 00:22:48.018 --> 00:22:52.355
  • We saw a decision out of the supreme court earlier
  • 00:22:52.355 --> 00:22:55.358
  • This week actually about that very issue,
  • 00:22:55.358 --> 00:22:59.696
  • Which said, you know, that they can be moving,
  • 00:22:59.696 --> 00:23:03.633
  • At least at this point, move forward.
  • 00:23:03.633 --> 00:23:05.702
  • They can be taken
  • 00:23:05.702 --> 00:23:07.070
  • To third-party countries instead of directly back.
  • 00:23:07.070 --> 00:23:08.705
  • You may think, okay, an iranian may not be received back
  • 00:23:08.705 --> 00:23:12.542
  • In iran right now,
  • 00:23:12.542 --> 00:23:14.044
  • Or a venezuelan may not be received back in venezuela,
  • 00:23:14.044 --> 00:23:15.612
  • Because we don't have good relationship
  • 00:23:15.612 --> 00:23:17.213
  • With those countries.
  • 00:23:17.213 --> 00:23:18.548
  • But then judge murphy out of massachusetts,
  • 00:23:18.548 --> 00:23:22.252
  • As you mentioned, john, as you are there as well,
  • 00:23:22.252 --> 00:23:25.755
  • Has said basically it seems like he's going
  • 00:23:25.755 --> 00:23:27.691
  • To defy the supreme court.
  • 00:23:27.691 --> 00:23:29.626
  • Don't know where this one goes,
  • 00:23:29.626 --> 00:23:31.094
  • But i know the government is asking the justices
  • 00:23:31.094 --> 00:23:35.098
  • At the supreme court to address the,
  • 00:23:35.098 --> 00:23:38.401
  • Quote, "unprecedented defiance"
  • 00:23:38.401 --> 00:23:41.471
  • Of the supreme court's authority.
  • 00:23:41.471 --> 00:23:43.340
  • So that is something we do need to watch, john,
  • 00:23:43.340 --> 00:23:45.976
  • And we'll see how,
  • 00:23:45.976 --> 00:23:47.243
  • If there's anything the supreme court does,
  • 00:23:47.243 --> 00:23:49.145
  • 'cause right now, they're in recess.
  • 00:23:49.145 --> 00:23:51.247
  • - all right, john, thank you for calling.
  • 00:23:51.247 --> 00:23:52.749
  • We got two more calls, we got two and a half minutes.
  • 00:23:52.749 --> 00:23:54.784
  • We're gonna try. let's go to wes first.
  • 00:23:54.784 --> 00:23:56.686
  • Wes, you're on the air.
  • 00:23:56.686 --> 00:23:58.555
  • - [wes] yes, how come the illegal aliens get kicked out,
  • 00:23:58.555 --> 00:24:03.893
  • But the people that hire them don't have any repercussions?
  • 00:24:05.095 --> 00:24:10.133
  • - i don't know if that's necessarily true, wes,
  • 00:24:11.067 --> 00:24:12.802
  • That they don't have any repercussions.
  • 00:24:12.802 --> 00:24:14.337
  • And look, we obviously have a lot of issues that we have
  • 00:24:14.337 --> 00:24:17.007
  • To get through in terms of employment
  • 00:24:17.007 --> 00:24:19.075
  • And verification and all that.
  • 00:24:19.075 --> 00:24:20.377
  • It seems like every time they put in some sort
  • 00:24:20.377 --> 00:24:21.945
  • Of new verification system, there's an easy way around it.
  • 00:24:21.945 --> 00:24:24.547
  • But will, you got something? i just saw you talking.
  • 00:24:24.547 --> 00:24:26.249
  • - well i know that john, or wes, sorry, not john,
  • 00:24:26.249 --> 00:24:31.021
  • Specifically, that the fbi
  • 00:24:31.021 --> 00:24:33.423
  • And the government is doing things.
  • 00:24:33.423 --> 00:24:35.191
  • - [logan] they're doing that.
  • 00:24:35.191 --> 00:24:36.660
  • - this is just from a while ago that-
  • 00:24:36.660 --> 00:24:39.829
  • - [logan] just from a while ago.
  • 00:24:39.829 --> 00:24:41.131
  • - no, i mean, but dan bongino put up an update
  • 00:24:41.131 --> 00:24:43.166
  • That there was a big business that was specifically going
  • 00:24:43.166 --> 00:24:45.869
  • Around that rules, and that, one,
  • 00:24:45.869 --> 00:24:48.238
  • They had worked with ice to handle the issue
  • 00:24:48.238 --> 00:24:52.342
  • Of the migrants as well,
  • 00:24:52.342 --> 00:24:53.910
  • But they are looking at what statutes were violated.
  • 00:24:53.910 --> 00:24:55.745
  • - yeah, it's just not making as much news, wes,
  • 00:24:55.745 --> 00:24:57.747
  • But it is happening.
  • 00:24:57.747 --> 00:24:58.982
  • And look, i think there's a lot of people
  • 00:24:58.982 --> 00:25:00.383
  • Who have built their businesses on that, unfortunately.
  • 00:25:00.383 --> 00:25:03.520
  • And they're now trying to figure out what to do.
  • 00:25:03.520 --> 00:25:05.355
  • That's why you even saw some relief happen
  • 00:25:05.355 --> 00:25:06.723
  • For the hospitality industry,
  • 00:25:06.723 --> 00:25:08.391
  • Okay, they're trying to figure out how they're going
  • 00:25:08.391 --> 00:25:09.726
  • To keep functioning.
  • 00:25:09.726 --> 00:25:11.294
  • Not saying that's right, i'm just saying that's the facts.
  • 00:25:11.294 --> 00:25:14.297
  • Let's go to david very quickly in tennessee.
  • 00:25:14.297 --> 00:25:18.234
  • - [david] where does birthright citizenship stand
  • 00:25:18.234 --> 00:25:20.837
  • As it is now?
  • 00:25:20.837 --> 00:25:21.938
  • Trump says they have to be a citizen
  • 00:25:22.739 --> 00:25:25.675
  • Or under the jurisdiction.
  • 00:25:25.675 --> 00:25:27.811
  • - here's the real quick answer on that.
  • 00:25:27.811 --> 00:25:29.879
  • It will have to return to the supreme court,
  • 00:25:29.879 --> 00:25:32.182
  • That executive order, 'cause the case still ongoing.
  • 00:25:32.182 --> 00:25:35.652
  • So the individual that, or a group of individuals,
  • 00:25:35.652 --> 00:25:38.621
  • 'cause there were several different cases
  • 00:25:38.621 --> 00:25:40.156
  • That got consolidated, they still have the injunctions,
  • 00:25:40.156 --> 00:25:42.826
  • So they still have this in place where they can fight.
  • 00:25:42.826 --> 00:25:46.629
  • - [logan] so you gotta start over a little bit.
  • 00:25:46.629 --> 00:25:47.864
  • - they have to go through the court to try
  • 00:25:47.864 --> 00:25:49.466
  • And see where the disposition of the merits of that happens.
  • 00:25:49.466 --> 00:25:52.635
  • - we'll keep monitoring, david. thank you so much.
  • 00:25:52.635 --> 00:25:56.372
  • - [jordan] as always, let me thank everybody at tbn
  • 00:25:57.440 --> 00:26:00.043
  • For providing this time to us at no cost so we
  • 00:26:00.043 --> 00:26:02.912
  • Can update you on the most important issues of the day.
  • 00:26:02.912 --> 00:26:05.615
  • From all of us at the aclj, thanks, tbn.
  • 00:26:05.615 --> 00:26:07.884
  • (soft dramatic music)
  • 00:26:07.884 --> 00:26:07.884