Sekulow - Federal Judges Turn on the Supreme Court

September 17, 2025 | 29:45

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

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Sekulow | Sekulow - Federal Judges Turn on the Supreme Court | September 17, 2025
  • (gentle music)
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  • - welcome to "sekulow".
  • 00:00:20.295 --> 00:00:22.430
  • Let's talk about what this is
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  • 'cause in a rare interview, a bunch of anonymous,
  • 00:00:23.865 --> 00:00:26.968
  • I guess you'd say.
  • 00:00:26.968 --> 00:00:28.303
  • - [will haynes] yeah. - judges, of course.
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  • You know, that's how they gotta do it
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  • 'cause they protect their own butts.
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  • A bunch of judges saying, you know what, we don't like
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  • That the supreme court is overruling our rulings.
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  • How dare they?
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  • - right, all of a sudden.
  • 00:00:40.482 --> 00:00:41.783
  • - our partisan rulings are being overrun
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  • By their partisan rulings.
  • 00:00:43.885 --> 00:00:45.687
  • - you're seeing 12 federal judges
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  • That have given an interview to nbc news so that, you know,
  • 00:00:48.256 --> 00:00:51.826
  • They chose a very fair national news organization.
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  • And they decided to air their grievances, so to speak,
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  • And say that they don't like
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  • What is called the shadow docket of the supreme court.
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  • That's the emergency docket when the justices are
  • 00:01:06.040 --> 00:01:08.843
  • Out of session, when things can still be brought
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  • Before the court on an emergency basis.
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  • And these aren't merits briefs, these aren't big decisions.
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  • These are things that are putting on hold,
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  • Lower court rulings.
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  • But these 12 judges that decided to go speak anonymously
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  • To nbc news are saying, hey, this is dangerous
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  • That the supreme court is doing
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  • What they have full constitutional authority to do
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  • Because it could put our lives in danger.
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  • - and this is what i want to know what from these judges
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  • Is versus the justices.
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  • These are lower court judges that oftentimes
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  • Never get cases even heard
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  • By the supreme court that they saw.
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  • That's one thing.
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  • The second part is, and of course the supreme court
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  • Can overturn them, but the third part is what will said.
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  • They're not even overturning or looking at the merits.
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  • They're saying, you know what?
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  • You made this decision
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  • That's gonna stop a national program from going into effect.
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  • How about we have a case first, let's get the facts.
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  • Why don't you hear the facts first
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  • Before you issue a preliminary injunction that could stop?
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  • Like we talked about those nationwide injunctions,
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  • That those are unconstitutional,
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  • That those are not correct under the law.
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  • And so the lower court judges are basically saying,
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  • You took our power away
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  • To act like many supreme court justices.
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  • Sorry, district court judges.
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  • - [logan] not how it works.
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  • - we respect your work, you do a lot
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  • Of the groundwork and the trial work,
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  • The hard work that goes into the legal profession.
  • 00:02:33.294 --> 00:02:35.730
  • But this anonymous group
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  • Is just wannabe supreme court justices.
  • 00:02:37.565 --> 00:02:39.267
  • - that was the end game.
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  • - [jordan] it's bunch of wannabes.
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  • - there would be no supreme,
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  • No need for the united states supreme court.
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  • - that's why they didn't put their name on it.
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  • You know why they didn't put their name on it?
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  • Because if they did, they'd never be a nominee
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  • To the higher court,
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  • Maybe their district court, maybe their circuit court.
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  • They certainly would never make it to the supreme court.
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  • They think they know better than the nine justices appointed
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  • By the president of the united states.
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  • That our system doesn't work that way.
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  • It doesn't matter what they think.
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  • It ultimately matters what the supreme court thinks about.
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  • Usually should something be allowed to continue
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  • Or does it have to stop while we have the case?
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  • That's it.
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  • (gentle music)
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  • (gentle music)
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  • (gentle music)
  • 00:03:17.463 --> 00:03:19.532
  • - welcome back to "sekulow".
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  • I didn't even say this at the beginning.
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  • I'm in studio, my brother jordan sekulow is in studio
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  • And will haynes is joining us in studio as well.
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  • So we got a packed show.
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  • So will, let's give a little breakdown
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  • Of what's going on when they see maybe a headline.
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  • This is breaking, federal judges turn on the supreme court.
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  • What does that mean?
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  • Of course, judges have been in the news now
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  • For all of the trump presidency on this term,
  • 00:03:38.117 --> 00:03:40.920
  • As we've seen rogue judges do their thing.
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  • And now those rogue judges are even more upset
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  • That they're being shut down.
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  • That they have a supreme court that, not 100% of the time,
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  • But sometimes is ruling against their politics, if you will.
  • 00:03:52.365 --> 00:03:57.370
  • - well, and this is specifically referring
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  • To the emergency docket,
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  • What is sometimes called the shadow docket
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  • Of the supreme court.
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  • This is when the supreme court is not in session.
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  • The end of their term happened in july.
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  • They don't come back until october.
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  • So during this interim period,
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  • People can still take emergency
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  • Motions to the supreme court.
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  • These aren't full merits cases.
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  • These aren't getting to the real heart of these issues.
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  • It is basically asking
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  • For things like a stay on a lower court ruling
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  • So that the case can be then flushed out
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  • More within the entire court process.
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  • And the supreme court has given president trump
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  • And the administration some what would be called victories
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  • Of granting a stay
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  • Or doing something that is in favor of them,
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  • But they still haven't won the case.
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  • The case is nowhere close to being over.
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  • A lot of these things have to do with funding issues.
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  • Whether the big one
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  • That was talked about was the department of education.
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  • There was a block on a lower court ruling
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  • That stopped them from shifting
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  • What the department of education looked like.
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  • But this interview is from
  • 00:05:03.669 --> 00:05:05.504
  • What they say is a dozen federal judges
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  • That have voiced their concern to nbc news.
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  • They claim that they were appointed by both democrat
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  • And republican presidents
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  • And they are serving around the country
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  • And they are concerned
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  • That the chief justice could be doing more
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  • To defend the integrity of their work.
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  • And as well, they are concerned that these rulings,
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  • That because it's the emergency docket,
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  • There aren't fully flushed out opinions per se.
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  • This isn't giving a ruling on the merits of a case.
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  • They're saying, because sometimes it's as short as
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  • Because of the procedural rules here.
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  • - [jordan] yeah. - the stay is granted.
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  • And that that is giving fuel to the fire of
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  • What they're claiming are threats against them
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  • And other issues.
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  • Jordan, it's kind of shocking to hear federal judges
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  • Run to the media in such a way like this.
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  • - about procedural law.
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  • Like ultimately the court could agree.
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  • They're not taken off the case by the way,
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  • When something like this happens.
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  • So as the case continues
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  • And they could ultimately come down with a decision
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  • And it moves on, maybe we're talking about appellate court
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  • And it moves on to the supreme court.
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  • And the supreme court ends up siding
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  • With one of these 12 judges
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  • That has complained about the supreme court issuing
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  • Procedural rulings without explanation.
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  • And again, this is like,
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  • Should the injunction go into place?
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  • Should there be a stay?
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  • It has nothing to do with the fact
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  • That these judges could ultimately be fully vindicated,
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  • Probably oftentimes are by the us supreme court.
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  • And so what they're mad about is
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  • That the supreme court would even consider part
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  • Of their procedural decision-making as incorrect.
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  • - well, and jordan, that's the other issue.
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  • A lot of them are saying, you know,
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  • They want more explanation from the supreme court,
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  • But in some ways that could harm the integrity
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  • Of the supreme court.
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  • If they start issuing 30 page opinions
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  • About a procedural issue.
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  • And then go into all this rationale.
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  • One, a lot of times, like you said, these aren't necessarily
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  • Indicating how the final merits will outcome.
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  • - [jordan] right.
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  • - then the supreme court could find themselves in a bind.
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  • They, during this time when they aren't in session,
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  • Write something that could then be contradicted later
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  • When they get into the merits of the case.
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  • Could also set up a situation where it lowers the trust
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  • Or integrity in that final ruling
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  • Because of a knee jerk reaction
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  • Or something that was written in a longer opinion
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  • About a procedural motion.
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  • That wouldn't be the proper way per se.
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  • Now they have done longer explanations when it's warranted,
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  • But for the vast majority of these,
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  • That isn't how it should be done.
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  • - no, it's not how it should be done.
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  • And and remember you flip this around, as will said,
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  • These were judges using procedural law
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  • To make merits like decisions
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  • That would stop a program under the trump administration
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  • If it didn't make it to an emergency
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  • Docket, which most don't.
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  • That could effectively stop a program
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  • For the entire remainder of the trump administration
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  • Because the case might take a few years to get all the way
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  • To the us supreme court.
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  • What the court has done has prioritized cases involving
  • 00:08:17.429 --> 00:08:22.234
  • Executive power disputes between states
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  • And the federal government executive,
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  • And between the separation of powers of course as well
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  • Inside the federal government.
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  • But what we're seeing is a lot of state versus trump.
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  • And so of course those are going to be priority cases
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  • Because you have to make that decision first procedurally.
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  • Are you going to allow this program to move forward?
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  • Do you believe it's more likely than not that
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  • This could be found to be constitutional?
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  • And you can differ on that and then you get to the merits
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  • And say, were we right when we thought quickly
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  • It might be more likely to be constitutional now
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  • That we've heard all the case, seen all the record?
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  • Maybe not, maybe we were wrong.
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  • Maybe we did miss something.
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  • That's why the arguments
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  • And having the cases put out and all the evidence
  • 00:09:05.377 --> 00:09:08.781
  • In the lower courts is so important for the supreme court
  • 00:09:08.781 --> 00:09:12.618
  • To ultimately make these decisions.
  • 00:09:12.618 --> 00:09:14.319
  • But this is just because the court and president trump
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  • And really the country,
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  • Have kind of knocked down this idea
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  • That you as a district court judge
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  • Get to make decisions for the entire nation.
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  • - above the president of the united states.
  • 00:09:26.932 --> 00:09:28.233
  • - right, or above the us supreme court.
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  • - [logan] right.
  • 00:09:29.768 --> 00:09:30.969
  • - here's another angle to this as well,
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  • And this is where i kind of want
  • 00:09:32.571 --> 00:09:34.106
  • To ding nbc news's journalism on this
  • 00:09:34.106 --> 00:09:36.608
  • Because it seems like they rushed to print
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  • What these judges were saying.
  • 00:09:39.078 --> 00:09:40.846
  • But they write this paragraph,
  • 00:09:40.846 --> 00:09:42.181
  • Lower court judges are handed contentious cases
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  • Involving the trump administration.
  • 00:09:44.616 --> 00:09:46.385
  • They painstakingly research the law to reach their rulings.
  • 00:09:46.385 --> 00:09:49.855
  • And when they go against trump, administration officials
  • 00:09:49.855 --> 00:09:52.491
  • And allies criticize the judges in harsh terms.
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  • The government appeals to the supreme court
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  • With its 6-3 majority.
  • 00:09:57.529 --> 00:09:59.398
  • And then it goes on to say
  • 00:09:59.398 --> 00:10:00.532
  • That one judge said it's inexcusable
  • 00:10:00.532 --> 00:10:02.735
  • They don't have our backs about the supreme court.
  • 00:10:02.735 --> 00:10:06.271
  • Where i think nbc news's journalism
  • 00:10:06.271 --> 00:10:08.874
  • Needs to be ramped up a little bit is
  • 00:10:08.874 --> 00:10:12.044
  • They should have asked every single one of these judges,
  • 00:10:12.044 --> 00:10:16.548
  • Did you rush to make a statement when?
  • 00:10:16.548 --> 00:10:20.085
  • Because you're doing it now, saying
  • 00:10:20.085 --> 00:10:21.854
  • That this is putting our lives in danger.
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  • Did you rush to make a statement
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  • To the media anonymously when chuck schumer said this in
  • 00:10:26.558 --> 00:10:30.629
  • Front of the supreme court about supreme court justices?
  • 00:10:30.629 --> 00:10:35.734
  • - i wanna tell you, gorsuch, i wanna tell you, kavanaugh,
  • 00:10:35.734 --> 00:10:40.072
  • You have released the whirlwind
  • 00:10:40.072 --> 00:10:42.374
  • And you will pay the price.
  • 00:10:42.374 --> 00:10:45.010
  • (crowd cheering)
  • 00:10:45.010 --> 00:10:47.880
  • You won't know what hit you if you go forward
  • 00:10:48.814 --> 00:10:52.251
  • With these awful decisions.
  • 00:10:52.251 --> 00:10:54.052
  • - of course we know what then led
  • 00:10:54.052 --> 00:10:55.554
  • After that, which were death threats, people coming up
  • 00:10:55.554 --> 00:10:57.356
  • To their homes, people in the streets protesting
  • 00:10:57.356 --> 00:10:59.558
  • In front of supreme court justices.
  • 00:10:59.558 --> 00:11:01.093
  • Because all of that was about was the,
  • 00:11:01.093 --> 00:11:04.229
  • That was the leak, right?
  • 00:11:04.229 --> 00:11:05.831
  • - well, that, no, that was specifically,
  • 00:11:05.831 --> 00:11:07.299
  • I think it was prior to the leak,
  • 00:11:07.299 --> 00:11:08.600
  • But it was while the dobbs case was pending
  • 00:11:08.600 --> 00:11:10.903
  • And the majority leader of the senate went in front
  • 00:11:10.903 --> 00:11:15.207
  • Of the supreme court of the united states
  • 00:11:15.207 --> 00:11:17.342
  • And threatened justices saying, you won't know what hit you.
  • 00:11:17.342 --> 00:11:21.547
  • And did we hear?
  • 00:11:21.547 --> 00:11:22.948
  • And i don't know, i genuinely don't know,
  • 00:11:22.948 --> 00:11:24.583
  • These are anonymous judges.
  • 00:11:24.583 --> 00:11:26.251
  • But did they rush to the media to make a statement
  • 00:11:26.251 --> 00:11:28.587
  • And say, this is unacceptable?
  • 00:11:28.587 --> 00:11:30.823
  • This is a violation of the separation of powers.
  • 00:11:30.823 --> 00:11:32.925
  • They are threatening, putting undue pressure on.
  • 00:11:32.925 --> 00:11:36.128
  • And instead what we do see is them rushing to the media here
  • 00:11:36.128 --> 00:11:40.799
  • To say the supreme court doing
  • 00:11:40.799 --> 00:11:43.368
  • What the supreme court is constitutionally able
  • 00:11:43.368 --> 00:11:45.370
  • To do is threatening our lives.
  • 00:11:45.370 --> 00:11:47.506
  • It just, it's nonsensical that they would rush
  • 00:11:47.506 --> 00:11:50.742
  • To the media to do this.
  • 00:11:50.742 --> 00:11:52.044
  • - well, and this is my favorite part of it.
  • 00:11:52.044 --> 00:11:53.378
  • So an anonymous barack obama appointed judge
  • 00:11:53.378 --> 00:11:57.783
  • Said that while the supreme court could do more
  • 00:11:57.783 --> 00:12:00.185
  • To explain itself,
  • 00:12:00.185 --> 00:12:02.020
  • And certainly there's a strong sense in the judiciary
  • 00:12:02.020 --> 00:12:04.189
  • Among judges ruling on these cases,
  • 00:12:04.189 --> 00:12:06.658
  • The court is leaving them out to dry.
  • 00:12:06.658 --> 00:12:08.560
  • They're partially right to feel that way.
  • 00:12:08.560 --> 00:12:10.395
  • Listen to this, there's a big but here.
  • 00:12:10.395 --> 00:12:11.997
  • - [jordan] yeah, i like this one.
  • 00:12:11.997 --> 00:12:13.432
  • - but, and this is a barack obama appointed judge.
  • 00:12:13.432 --> 00:12:15.200
  • The whole trump derangement syndrome is a real issue.
  • 00:12:15.200 --> 00:12:18.804
  • As a result, judges are mad at what trump is doing
  • 00:12:18.804 --> 00:12:22.341
  • Or the manner he's going about things
  • 00:12:22.341 --> 00:12:24.610
  • And they're forgetting to stay in their lane.
  • 00:12:24.610 --> 00:12:26.979
  • So surprise, surprise, a judge
  • 00:12:26.979 --> 00:12:29.147
  • Who actually signed onto this document just admitted
  • 00:12:29.147 --> 00:12:32.284
  • That there are too many federal judges who are going outside
  • 00:12:32.284 --> 00:12:36.054
  • Of their job, their duties
  • 00:12:36.054 --> 00:12:37.923
  • Because they're obsessed with being opposed
  • 00:12:37.923 --> 00:12:40.759
  • To everything that is donald trump.
  • 00:12:40.759 --> 00:12:42.294
  • Because they actually have,
  • 00:12:42.294 --> 00:12:44.429
  • As this barack obama appointed judge said,
  • 00:12:44.429 --> 00:12:47.299
  • A case of trump derangement syndrome.
  • 00:12:47.299 --> 00:12:49.334
  • That's how real it is inside the federal judiciary.
  • 00:12:49.334 --> 00:12:52.537
  • We know it was real inside the bureaucracy,
  • 00:12:52.537 --> 00:12:55.340
  • Law school, sure.
  • 00:12:55.340 --> 00:12:56.708
  • And where do most of these judges come out of?
  • 00:12:56.708 --> 00:12:57.943
  • Somewhere between the bureaucracy,
  • 00:12:57.943 --> 00:12:59.411
  • Government, and law school.
  • 00:12:59.411 --> 00:13:00.979
  • - yeah, i think if you had a lot more judges like that who.
  • 00:13:00.979 --> 00:13:02.514
  • - [jordan] at least they admit the truth.
  • 00:13:02.514 --> 00:13:03.448
  • - who will admit the truth,
  • 00:13:03.448 --> 00:13:04.549
  • Then at least you could say, hey,
  • 00:13:04.549 --> 00:13:05.851
  • I disagree with you on that point of view,
  • 00:13:05.851 --> 00:13:06.985
  • But here's the issue we have at hand.
  • 00:13:06.985 --> 00:13:08.520
  • Look, i don't think anyone would look at the cases
  • 00:13:08.520 --> 00:13:09.955
  • That have been ruled on the last six months and go,
  • 00:13:09.955 --> 00:13:12.224
  • At least most of these were not done for political reasons.
  • 00:13:12.224 --> 00:13:14.860
  • - yeah, and i would also say this,
  • 00:13:14.860 --> 00:13:16.929
  • Most judges do a great service to their country.
  • 00:13:17.896 --> 00:13:20.098
  • They're unknown, their names are not known.
  • 00:13:20.098 --> 00:13:22.401
  • And sometimes they do have to take on controversial cases
  • 00:13:22.401 --> 00:13:24.536
  • That do make their names known.
  • 00:13:24.536 --> 00:13:26.638
  • So any kind of violence, always wrong.
  • 00:13:26.638 --> 00:13:29.608
  • But this idea that somehow the supreme court
  • 00:13:29.608 --> 00:13:32.444
  • By making decisions on temporary restraining orders
  • 00:13:32.444 --> 00:13:35.347
  • Is somehow threatening their lives more than a murder case
  • 00:13:35.347 --> 00:13:39.484
  • That they handle or drug cartel cases that they handle.
  • 00:13:39.484 --> 00:13:42.321
  • Let's be honest, that's not where the,
  • 00:13:42.321 --> 00:13:44.656
  • You don't see the judges
  • 00:13:44.656 --> 00:13:46.224
  • Who unfortunately have been targeted,
  • 00:13:46.224 --> 00:13:47.893
  • It's by criminals.
  • 00:13:47.893 --> 00:13:49.328
  • (gentle music)
  • 00:13:49.328 --> 00:13:55.000
  • (gentle music)
  • 00:13:55.000 --> 00:13:55.062
  • (gentle music)
  • 00:13:55.429 --> 00:13:57.698
  • - phone lines are jammed.
  • 00:13:57.698 --> 00:13:58.999
  • We're gonna take some of those calls here.
  • 00:13:58.999 --> 00:14:00.267
  • Thanks for everyone who put in the comments
  • 00:14:00.267 --> 00:14:01.702
  • On youtube where you're watching from.
  • 00:14:01.702 --> 00:14:03.470
  • I also wouldn't mind you hitting that thumbs up.
  • 00:14:03.470 --> 00:14:05.039
  • I would appreciate that.
  • 00:14:05.039 --> 00:14:06.106
  • Let's go to will in tennessee.
  • 00:14:06.106 --> 00:14:07.508
  • But not the one you're thinking of.
  • 00:14:07.508 --> 00:14:08.509
  • - [jordan] right.
  • 00:14:08.509 --> 00:14:09.743
  • - that's other one sitting next to me.
  • 00:14:09.743 --> 00:14:10.577
  • - [will haynes] uh oh.
  • 00:14:10.577 --> 00:14:11.512
  • - he's watching on youtube,
  • 00:14:11.512 --> 00:14:12.613
  • Which i think will is probably too.
  • 00:14:12.613 --> 00:14:13.280
  • - very fair.
  • 00:14:13.280 --> 00:14:14.381
  • - whoa, this could be doppelganger.
  • 00:14:14.381 --> 00:14:15.149
  • - will, go ahead.
  • 00:14:15.149 --> 00:14:16.750
  • - [will] yes, i was wondering why there is this provision
  • 00:14:16.750 --> 00:14:20.354
  • In the code of judicial ethics
  • 00:14:20.354 --> 00:14:22.523
  • That says these judges have a lifetime appointment
  • 00:14:22.523 --> 00:14:25.459
  • Provided they serve during times of good behavior.
  • 00:14:25.459 --> 00:14:30.197
  • These judges have to know they're acting ultra vires.
  • 00:14:30.197 --> 00:14:34.101
  • And why can it not at least be tried
  • 00:14:34.101 --> 00:14:36.203
  • To get a simple majority
  • 00:14:36.203 --> 00:14:38.005
  • And fire them for cause based on that provision?
  • 00:14:38.005 --> 00:14:43.343
  • Why have it if it doesn't have any teeth for enforcement?
  • 00:14:44.478 --> 00:14:46.980
  • - well, will actually, where it derives from in the code
  • 00:14:46.980 --> 00:14:50.184
  • Of judicial ethics is from article iii section i
  • 00:14:50.184 --> 00:14:53.153
  • Where judicial power
  • 00:14:53.153 --> 00:14:54.721
  • Of the united states shall be vested in one supreme court.
  • 00:14:54.721 --> 00:14:56.924
  • And in such inferior courts as the congress may from time
  • 00:14:56.924 --> 00:14:59.593
  • To time ordain and establish the judges,
  • 00:14:59.593 --> 00:15:02.029
  • Both of the supreme and inferior courts,
  • 00:15:02.029 --> 00:15:04.598
  • Shall hold their offices during good behavior
  • 00:15:04.598 --> 00:15:07.034
  • And shall at stated times receive for their services
  • 00:15:07.034 --> 00:15:09.903
  • A compensation, which shall not be diminished
  • 00:15:09.903 --> 00:15:12.840
  • During their continuance in office.
  • 00:15:12.840 --> 00:15:14.675
  • So it's not the code of judicial ethics, jordan,
  • 00:15:14.675 --> 00:15:17.611
  • That says that they have a lifetime appointment.
  • 00:15:17.611 --> 00:15:20.914
  • It's from article iii section i that says,
  • 00:15:20.914 --> 00:15:23.817
  • They shall hold their offices during good behavior.
  • 00:15:23.817 --> 00:15:27.988
  • - [jordan] yeah.
  • 00:15:27.988 --> 00:15:29.123
  • - which is obviously not a phrase
  • 00:15:29.123 --> 00:15:31.725
  • That we throw around like today
  • 00:15:31.725 --> 00:15:34.294
  • Unless like be on good behavior kids.
  • 00:15:34.294 --> 00:15:35.696
  • - we understand the idea here of impeachment
  • 00:15:35.696 --> 00:15:38.365
  • And then what is an impeachable offense.
  • 00:15:38.365 --> 00:15:41.001
  • It's kind of been, that's been used politically
  • 00:15:41.001 --> 00:15:43.437
  • When it would come to a judicial nominee
  • 00:15:43.437 --> 00:15:45.472
  • That i think it'd be easy
  • 00:15:45.472 --> 00:15:46.707
  • To understand what was going on there.
  • 00:15:46.707 --> 00:15:48.675
  • And certainly it has when it's happened to lower court
  • 00:15:48.675 --> 00:15:51.778
  • Judges in the federal system,
  • 00:15:52.412 --> 00:15:54.348
  • There have been some impeachments there
  • 00:15:54.348 --> 00:15:56.216
  • Usually involving criminal activity.
  • 00:15:56.216 --> 00:15:58.185
  • So, you know, something, you know,
  • 00:15:58.185 --> 00:15:59.586
  • And so pretty straightforward.
  • 00:15:59.586 --> 00:16:01.555
  • The idea here again though, why do we have this system?
  • 00:16:01.555 --> 00:16:05.058
  • The system outs, it survives the political
  • 00:16:05.058 --> 00:16:08.128
  • Party that places them there.
  • 00:16:08.128 --> 00:16:09.730
  • So this idea that, well, you know,
  • 00:16:09.730 --> 00:16:11.765
  • President obama put you in.
  • 00:16:11.765 --> 00:16:13.367
  • So as long as if you're only there
  • 00:16:13.367 --> 00:16:16.203
  • For the four years he's there, you get a five-year term,
  • 00:16:16.203 --> 00:16:18.472
  • You're always gonna side with obama
  • 00:16:18.472 --> 00:16:20.307
  • And everybody's gonna know that
  • 00:16:20.307 --> 00:16:21.608
  • And you're gonna be kind of under his control.
  • 00:16:21.608 --> 00:16:23.544
  • The thumb is gonna be on you.
  • 00:16:23.544 --> 00:16:25.112
  • The idea is that they survive the political process
  • 00:16:25.112 --> 00:16:30.450
  • So that once those political leaders are gone,
  • 00:16:31.418 --> 00:16:33.220
  • They don't feel, they even,
  • 00:16:33.220 --> 00:16:34.721
  • They should never feel that pressure.
  • 00:16:34.721 --> 00:16:36.456
  • But the pressure even goes down more
  • 00:16:36.456 --> 00:16:38.425
  • Because they are not even in the idea
  • 00:16:38.425 --> 00:16:42.563
  • Of the sense beholden to someone for.
  • 00:16:42.563 --> 00:16:43.664
  • - [logan] who gave them their job.
  • 00:16:43.664 --> 00:16:44.932
  • - choosing them for this position.
  • 00:16:44.932 --> 00:16:46.133
  • - [logan] yeah.
  • 00:16:46.133 --> 00:16:47.267
  • - so it's different than political.
  • 00:16:47.267 --> 00:16:49.136
  • It's to have consistency
  • 00:16:49.136 --> 00:16:50.771
  • And it's also to allow people to develop
  • 00:16:50.771 --> 00:16:53.006
  • That judicial independence from the political system.
  • 00:16:53.006 --> 00:16:55.842
  • - let's go to candy in georgia watching on youtube.
  • 00:16:55.842 --> 00:16:58.679
  • Go ahead.
  • 00:16:58.679 --> 00:17:00.214
  • - [candy] yes.
  • 00:17:00.214 --> 00:17:02.149
  • The federal judges and schumer are acting like children
  • 00:17:02.149 --> 00:17:06.553
  • Pulling a tantrum because their parents told them
  • 00:17:06.553 --> 00:17:08.889
  • They aren't allowed to do something.
  • 00:17:08.889 --> 00:17:11.058
  • So they're throwing a fit.
  • 00:17:11.058 --> 00:17:12.559
  • I know from experience
  • 00:17:12.559 --> 00:17:13.927
  • 'cause when i was a child i threw enough of them.
  • 00:17:13.927 --> 00:17:16.430
  • (candy laughing)
  • 00:17:16.430 --> 00:17:18.832
  • And that's my comment.
  • 00:17:18.832 --> 00:17:20.200
  • - and that's a fun comment.
  • 00:17:20.200 --> 00:17:21.668
  • It does feel like that somewhat, they're just upset
  • 00:17:21.668 --> 00:17:23.570
  • And someone is calling them on their madness
  • 00:17:23.570 --> 00:17:25.305
  • And well, yeah, we all got kids.
  • 00:17:25.305 --> 00:17:27.241
  • - well, i think a lot of the irony here too
  • 00:17:27.241 --> 00:17:30.010
  • Is that they are complaining
  • 00:17:30.010 --> 00:17:32.312
  • That their rulings aren't just being taken
  • 00:17:32.312 --> 00:17:35.616
  • For face value when, one, we know
  • 00:17:35.616 --> 00:17:39.553
  • That the supreme court had already tamped down
  • 00:17:39.553 --> 00:17:43.023
  • Some of their power earlier
  • 00:17:43.023 --> 00:17:44.458
  • With that ruling on universal injunctions.
  • 00:17:44.458 --> 00:17:46.727
  • Basically saying, hey, you need to stay in your lane.
  • 00:17:46.727 --> 00:17:49.696
  • You've gone a little bit too far, you've gotten,
  • 00:17:49.696 --> 00:17:52.766
  • As you would tell your kids, like, you know, you need
  • 00:17:52.766 --> 00:17:56.570
  • To follow the rules and do what you're supposed to do.
  • 00:17:56.570 --> 00:18:00.741
  • And here they're like, wait, why don't you just take
  • 00:18:00.741 --> 00:18:03.710
  • What we say as the rule of law?
  • 00:18:03.710 --> 00:18:06.013
  • And well, it's because that's not
  • 00:18:06.013 --> 00:18:07.247
  • How the constitution works.
  • 00:18:07.247 --> 00:18:08.782
  • The supreme court is established by the constitution,
  • 00:18:08.782 --> 00:18:11.685
  • These inferior courts as it may be
  • 00:18:11.685 --> 00:18:14.688
  • Put forward by congress from time to time
  • 00:18:14.688 --> 00:18:19.526
  • As they see fit.
  • 00:18:19.526 --> 00:18:21.295
  • But this isn't something that, you know, the district court
  • 00:18:21.295 --> 00:18:24.998
  • For the eastern district of tennessee is not established
  • 00:18:24.998 --> 00:18:27.834
  • By the constitution itself.
  • 00:18:27.834 --> 00:18:29.469
  • - that's right.
  • 00:18:29.469 --> 00:18:30.437
  • So i think that ultimately here
  • 00:18:30.437 --> 00:18:32.172
  • When we're looking at this idea of the tantrums,
  • 00:18:32.172 --> 00:18:35.942
  • The, you know, we're gonna get killed
  • 00:18:35.942 --> 00:18:38.712
  • Because of procedural issues.
  • 00:18:38.712 --> 00:18:40.947
  • Whoever thought, you know, someone's gonna get killed
  • 00:18:40.947 --> 00:18:42.616
  • Over a preliminary injunction?
  • 00:18:42.616 --> 00:18:44.551
  • The truth is that when you look at the difference,
  • 00:18:44.551 --> 00:18:48.221
  • President biden and his administration,
  • 00:18:48.221 --> 00:18:50.023
  • They filed 19 applications in the, you know, this docket.
  • 00:18:50.023 --> 00:18:54.328
  • - [logan] the shadow docket, it's called.
  • 00:18:54.328 --> 00:18:55.896
  • - the shadow docket.
  • 00:18:55.896 --> 00:18:56.763
  • - [logan] yeah. - right.
  • 00:18:56.763 --> 00:18:58.031
  • Which is really, it's just, it's a time
  • 00:18:58.031 --> 00:18:59.866
  • Of the supreme court either is not sitting
  • 00:18:59.866 --> 00:19:02.936
  • And it's procedural matters
  • 00:19:02.936 --> 00:19:04.705
  • Or someone's usually, you know, it's a death row.
  • 00:19:04.705 --> 00:19:08.008
  • But because the lower courts have gotten more aggressive
  • 00:19:09.142 --> 00:19:11.478
  • On trying to stop laws that have been signed
  • 00:19:11.478 --> 00:19:14.681
  • By the president going into effect
  • 00:19:14.681 --> 00:19:15.849
  • Or any kind of executive action.
  • 00:19:15.849 --> 00:19:17.984
  • So the biden administration actually filed 19
  • 00:19:17.984 --> 00:19:20.354
  • Of these cases on their own during its four-year term.
  • 00:19:20.354 --> 00:19:24.224
  • And the court granted their request 10 times.
  • 00:19:24.224 --> 00:19:26.927
  • So okay, president trump's doing a little bit better,
  • 00:19:26.927 --> 00:19:29.396
  • But he's got a whole lot more of them.
  • 00:19:29.396 --> 00:19:31.565
  • So he's being stopped
  • 00:19:31.565 --> 00:19:33.734
  • By the lower courts a lot more than president biden was.
  • 00:19:33.734 --> 00:19:37.137
  • And when president biden was stopped by the lower courts
  • 00:19:37.137 --> 00:19:39.473
  • And he thought it was wrong, more than half the time,
  • 00:19:39.473 --> 00:19:43.043
  • They got what they wanted outta the supreme court too,
  • 00:19:43.043 --> 00:19:44.778
  • Which was probably a stopping
  • 00:19:44.778 --> 00:19:46.880
  • Of a lower court decision from going into effect
  • 00:19:46.880 --> 00:19:49.383
  • And affecting their policy.
  • 00:19:49.383 --> 00:19:50.884
  • So the idea that this is somehow new under president trump,
  • 00:19:50.884 --> 00:19:54.521
  • It's just because the left
  • 00:19:54.521 --> 00:19:56.156
  • And states are filing more lawsuits to try
  • 00:19:56.156 --> 00:19:59.226
  • And stop all of his policies from going into effect.
  • 00:19:59.226 --> 00:20:02.929
  • So of course the numbers are going to look different,
  • 00:20:02.929 --> 00:20:05.198
  • But i don't want anybody, you know, come for this
  • 00:20:05.198 --> 00:20:07.567
  • And say, oh this is something president trump even created.
  • 00:20:07.567 --> 00:20:10.437
  • So just remember when the biden administration
  • 00:20:10.437 --> 00:20:12.839
  • Had to do this, they won the majority of the time.
  • 00:20:12.839 --> 00:20:15.108
  • They got the supreme court sided
  • 00:20:15.108 --> 00:20:16.543
  • With them in this shadow docket the majority of cases.
  • 00:20:16.543 --> 00:20:20.414
  • - all right, thank you for calling, let's keep going.
  • 00:20:20.414 --> 00:20:22.416
  • Let's go to bill in wyoming.
  • 00:20:22.416 --> 00:20:23.850
  • Go ahead.
  • 00:20:23.850 --> 00:20:25.419
  • - [bill] hi, thanks for taking my call.
  • 00:20:25.419 --> 00:20:27.120
  • I got two things to say.
  • 00:20:27.120 --> 00:20:28.755
  • First of all, those nameless judges don't realize
  • 00:20:28.755 --> 00:20:33.026
  • That they'll get caught anyway
  • 00:20:33.026 --> 00:20:34.261
  • Because if they do anything to counter
  • 00:20:34.261 --> 00:20:37.531
  • What the supreme court says,
  • 00:20:37.531 --> 00:20:39.132
  • Their names are gonna be right out there to begin with.
  • 00:20:39.132 --> 00:20:43.136
  • And second of all, as far as the governor of illinois
  • 00:20:43.136 --> 00:20:46.640
  • And the mayor of chicago,
  • 00:20:46.640 --> 00:20:48.341
  • If they think they don't need trump,
  • 00:20:48.341 --> 00:20:49.943
  • Why don't they take a tv team
  • 00:20:49.943 --> 00:20:52.746
  • Without any kind of security whatsoever
  • 00:20:52.746 --> 00:20:56.583
  • And take the red line all the way through?
  • 00:20:56.583 --> 00:20:59.052
  • What i heard about it on the radio yesterday,
  • 00:20:59.052 --> 00:21:01.354
  • It's a real nightmare.
  • 00:21:01.354 --> 00:21:03.256
  • - yeah, i think, listen,
  • 00:21:03.256 --> 00:21:04.658
  • A lot of public transportation's become a nightmare.
  • 00:21:04.658 --> 00:21:06.460
  • And you know, we've had waves in our country
  • 00:21:06.460 --> 00:21:08.695
  • Where public transportation has been very safe
  • 00:21:08.695 --> 00:21:11.598
  • In certain cities and other cities, very dangerous.
  • 00:21:11.598 --> 00:21:14.968
  • New york had a huge problem in the seventies and eighties.
  • 00:21:14.968 --> 00:21:17.838
  • And then what did they do?
  • 00:21:17.838 --> 00:21:19.272
  • They brought in mayors who focus the majority
  • 00:21:19.272 --> 00:21:21.274
  • Of their job on making our city safe.
  • 00:21:21.274 --> 00:21:24.110
  • Because if we make our city safe,
  • 00:21:24.110 --> 00:21:25.979
  • That will bring in business, bring in tourists,
  • 00:21:25.979 --> 00:21:28.415
  • More people decide to live in the city than to commute.
  • 00:21:28.415 --> 00:21:31.818
  • It will bring more companies to headquarter here.
  • 00:21:31.818 --> 00:21:34.387
  • And so by actually focusing in on violent crime,
  • 00:21:34.387 --> 00:21:37.424
  • You're improving all these other areas of the city.
  • 00:21:37.424 --> 00:21:40.527
  • And so it gets back
  • 00:21:40.527 --> 00:21:41.795
  • And then it kind of starts to unravel again.
  • 00:21:41.795 --> 00:21:43.463
  • People get used to having such a safe big city.
  • 00:21:43.463 --> 00:21:46.366
  • I mean, we kind of got used to new york
  • 00:21:46.366 --> 00:21:48.201
  • Being this really safe place.
  • 00:21:48.201 --> 00:21:49.636
  • - [logan] yeah.
  • 00:21:49.636 --> 00:21:51.171
  • - where like, where you didn't have to really worry much.
  • 00:21:51.171 --> 00:21:52.539
  • And, you know, if you ask people
  • 00:21:52.539 --> 00:21:54.674
  • Who grew up there in the seventies or eighties,
  • 00:21:54.674 --> 00:21:56.343
  • You're watching your back everywhere you went.
  • 00:21:56.343 --> 00:21:57.744
  • - yeah, i feel like we've kind
  • 00:21:57.744 --> 00:21:58.912
  • Of returned a little bit to that.
  • 00:21:58.912 --> 00:22:00.013
  • I feel like new york has started.
  • 00:22:00.013 --> 00:22:00.981
  • - [jordan] unfortunately, yes.
  • 00:22:00.981 --> 00:22:01.781
  • - to move its way back.
  • 00:22:01.781 --> 00:22:03.216
  • But like this weekend i spent my weekend in new york,
  • 00:22:03.216 --> 00:22:04.317
  • We decided to not stay in the city
  • 00:22:04.317 --> 00:22:05.385
  • For the first time in my life.
  • 00:22:05.385 --> 00:22:06.720
  • We did not stay in the city, we stayed.
  • 00:22:06.720 --> 00:22:08.555
  • - but still stayed in one of, we're not gonna disclose it.
  • 00:22:08.555 --> 00:22:10.156
  • One of the most logan-looking places.
  • 00:22:10.156 --> 00:22:12.526
  • - it was a little haunted, it was.
  • 00:22:12.526 --> 00:22:13.894
  • - i thought it was like from the.
  • 00:22:13.894 --> 00:22:15.428
  • - the christmas decorations were still up,
  • 00:22:15.428 --> 00:22:16.897
  • Which was a concern.
  • 00:22:16.897 --> 00:22:18.164
  • - one little quick irony to bill's first comment
  • 00:22:18.164 --> 00:22:20.066
  • About the judges though is that their big complaint is
  • 00:22:20.066 --> 00:22:22.669
  • That the supreme court justices aren't explaining themselves
  • 00:22:22.669 --> 00:22:25.138
  • Enough, but yet they are anonymously
  • 00:22:25.138 --> 00:22:27.207
  • Giving these statements.
  • 00:22:27.207 --> 00:22:28.775
  • They're not letting the world know what they really think,
  • 00:22:28.775 --> 00:22:30.911
  • But yet they're criticizing the supreme court
  • 00:22:30.911 --> 00:22:32.946
  • For not letting the world know what they think.
  • 00:22:32.946 --> 00:22:35.482
  • Let's move on.
  • 00:22:35.482 --> 00:22:36.883
  • - we have two callers that have been on hold for,
  • 00:22:36.883 --> 00:22:38.018
  • One's been hold for over 20 minutes.
  • 00:22:38.018 --> 00:22:39.119
  • Let's try to at least get to that,
  • 00:22:39.119 --> 00:22:40.053
  • Steve in virginia, go ahead.
  • 00:22:40.053 --> 00:22:41.288
  • Still stay on hold, others, we'll try.
  • 00:22:41.288 --> 00:22:42.088
  • Steve, go ahead.
  • 00:22:42.088 --> 00:22:44.090
  • Steve. - [steve] hi gentlemen.
  • 00:22:44.724 --> 00:22:46.526
  • I'm calling in regard to your defense
  • 00:22:47.327 --> 00:22:49.129
  • Of the street preachers.
  • 00:22:49.129 --> 00:22:50.497
  • It reminds me of a bible verse in romans chapter 10
  • 00:22:50.497 --> 00:22:53.967
  • That says, how beautiful are the feet of them
  • 00:22:53.967 --> 00:22:56.736
  • That preach the gospel of peace
  • 00:22:56.736 --> 00:22:58.672
  • And bring glad tidings of good things.
  • 00:22:58.672 --> 00:23:01.708
  • And it occurred to me that because you guys are going
  • 00:23:01.708 --> 00:23:04.077
  • To defend these preachers in court,
  • 00:23:04.077 --> 00:23:06.413
  • The message of the gospel of peace might even get out
  • 00:23:06.413 --> 00:23:09.049
  • To an even broader audience than it otherwise would.
  • 00:23:09.049 --> 00:23:12.118
  • - right, i appreciate that.
  • 00:23:12.118 --> 00:23:13.620
  • I know our attorneys appreciate that as well
  • 00:23:13.620 --> 00:23:15.989
  • Because, you know, we do this work because we believe in it.
  • 00:23:15.989 --> 00:23:19.125
  • When we represent these clients, we believe that
  • 00:23:19.125 --> 00:23:21.828
  • What they were doing is right and legal.
  • 00:23:21.828 --> 00:23:26.333
  • And we oftentimes agree with their message,
  • 00:23:26.333 --> 00:23:29.669
  • Though we support free speech generally,
  • 00:23:29.669 --> 00:23:31.605
  • That means sometimes you don't agree with someone's message.
  • 00:23:31.605 --> 00:23:34.274
  • Oftentimes when they've come to the aclj
  • 00:23:34.274 --> 00:23:36.776
  • To be an aclj client, you know, we're with 'em 100%.
  • 00:23:36.776 --> 00:23:40.380
  • And so we're their advocates so that others
  • 00:23:40.380 --> 00:23:44.951
  • Can be on that street corner.
  • 00:23:44.951 --> 00:23:46.686
  • 'cause most of, you know, people could say there's people on
  • 00:23:46.686 --> 00:23:48.688
  • The street corner screaming at.
  • 00:23:48.688 --> 00:23:49.990
  • You'd be surprised by
  • 00:23:49.990 --> 00:23:51.391
  • How many people's lives have been changed by someone
  • 00:23:51.391 --> 00:23:53.326
  • Who started up a conversation with them on the street.
  • 00:23:53.326 --> 00:23:55.829
  • - in chicago, you have a problem that we are seeing
  • 00:23:55.829 --> 00:23:58.932
  • Where when the police also are being used
  • 00:23:58.932 --> 00:24:02.102
  • For things that they shouldn't be used for.
  • 00:24:02.102 --> 00:24:04.437
  • We have a trial one week from today
  • 00:24:04.437 --> 00:24:07.407
  • Representing two street preachers that were arrested
  • 00:24:07.407 --> 00:24:11.511
  • For sharing the gospel on a busy street,
  • 00:24:11.511 --> 00:24:14.381
  • Exercising their first amendment right.
  • 00:24:14.381 --> 00:24:16.583
  • They were not louder than the traffic.
  • 00:24:16.583 --> 00:24:18.818
  • And we are now having to go to court to defend them
  • 00:24:18.818 --> 00:24:23.123
  • In their case, one week from today.
  • 00:24:23.123 --> 00:24:26.026
  • We already were able to defend successfully
  • 00:24:26.026 --> 00:24:30.330
  • One of their friends who was arrested for the same thing.
  • 00:24:30.330 --> 00:24:34.434
  • On top of that defense that we have next week,
  • 00:24:34.434 --> 00:24:37.070
  • We have a federal lawsuit against the city of chicago
  • 00:24:37.070 --> 00:24:41.708
  • Because of their pattern
  • 00:24:41.708 --> 00:24:43.309
  • Of targeting these street preachers.
  • 00:24:43.309 --> 00:24:46.312
  • So we understand that it's not just,
  • 00:24:46.312 --> 00:24:49.282
  • They don't have the resources
  • 00:24:49.282 --> 00:24:50.817
  • Or their resources are strained,
  • 00:24:50.817 --> 00:24:52.519
  • It's also that the resources they do have, jordan,
  • 00:24:52.519 --> 00:24:55.555
  • Are targeting the wrong thing.
  • 00:24:55.555 --> 00:24:58.191
  • When you have.
  • 00:24:58.191 --> 00:24:59.392
  • - [logan] been deployed incorrectly.
  • 00:24:59.392 --> 00:25:00.927
  • - when you have that many shootings
  • 00:25:00.927 --> 00:25:02.462
  • And deaths over labor day weekend.
  • 00:25:02.462 --> 00:25:04.698
  • - [jordan] right, and you're arrest street preachers.
  • 00:25:04.698 --> 00:25:06.132
  • - and we're having to worry about defending people
  • 00:25:06.132 --> 00:25:08.968
  • Trying to use their first amendment rights
  • 00:25:08.968 --> 00:25:10.637
  • Next week in court,
  • 00:25:10.637 --> 00:25:11.938
  • Maybe there is a problem in your city.
  • 00:25:11.938 --> 00:25:14.374
  • - yeah, and listen, i think the whole defund
  • 00:25:14.374 --> 00:25:17.811
  • The police movement is tied directly to these cities
  • 00:25:17.811 --> 00:25:20.280
  • That are having some of the worst crime
  • 00:25:20.280 --> 00:25:22.449
  • That they've seen in summertime kind of a crime.
  • 00:25:22.449 --> 00:25:25.585
  • And then it's continuing and it's so out of control.
  • 00:25:25.585 --> 00:25:28.354
  • And when i say out of control, i mean there's not enough
  • 00:25:28.354 --> 00:25:30.523
  • Police to do their job, which you have to be very brave
  • 00:25:30.523 --> 00:25:34.761
  • To be a police officer in these cities
  • 00:25:34.761 --> 00:25:36.796
  • Because you know you are outnumbered.
  • 00:25:36.796 --> 00:25:39.332
  • And that the criminal elements, i mean, you see these videos
  • 00:25:39.332 --> 00:25:42.435
  • Where these kids, young people
  • 00:25:42.435 --> 00:25:44.437
  • And a police officer pulls up in one of these neighborhoods.
  • 00:25:44.437 --> 00:25:46.639
  • They'll smack 'em with shoes, they'll smack 'em
  • 00:25:46.639 --> 00:25:48.308
  • With stuff and run away.
  • 00:25:48.308 --> 00:25:49.843
  • Like, there's like, there's no problem with that.
  • 00:25:49.843 --> 00:25:51.644
  • - [logan] no recourse, no.
  • 00:25:51.644 --> 00:25:52.612
  • - nothing's gonna, i would be,
  • 00:25:52.612 --> 00:25:54.080
  • And i guess that's just something instilled in you.
  • 00:25:54.080 --> 00:25:56.483
  • But i didn't grow up in chaos,
  • 00:25:56.483 --> 00:25:58.251
  • Which a lot of these kids did and young people.
  • 00:25:58.251 --> 00:26:01.154
  • But to this day, there is no way you could get me to,
  • 00:26:01.154 --> 00:26:05.158
  • I could never even think about attacking a police officer
  • 00:26:05.158 --> 00:26:08.128
  • And thinking i would live through it.
  • 00:26:08.128 --> 00:26:09.162
  • - [logan] right.
  • 00:26:09.162 --> 00:26:10.063
  • - i mean, live through it.
  • 00:26:10.063 --> 00:26:11.631
  • Not even just get arrested, but actually live through it.
  • 00:26:11.631 --> 00:26:13.399
  • I thought you attack a police officer,
  • 00:26:13.399 --> 00:26:15.268
  • Your life's in danger.
  • 00:26:15.268 --> 00:26:16.669
  • - yeah, seconds later.
  • 00:26:16.669 --> 00:26:17.504
  • - [jordan] right.
  • 00:26:17.504 --> 00:26:18.338
  • (gentle music)
  • 00:26:18.338 --> 00:26:18.338