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".
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- Let's talk about what this is
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- 'cause in a rare interview, a bunch of anonymous,
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- I guess you'd say.
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- - [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.
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- - our partisan rulings are being overrun
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- By their partisan rulings.
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- - you're seeing 12 federal judges
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- That have given an interview to nbc news so that, you know,
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- 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
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- 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.
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- But this anonymous group
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- Is just wannabe supreme court justices.
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- - 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)
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- - 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,
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- 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.
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- - 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
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- 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
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- 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
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- In the lower courts is so important for the supreme court
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- To ultimately make these decisions.
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- 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.
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- - 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
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- To ding nbc news's journalism on this
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- Because it seems like they rushed to print
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- What these judges were saying.
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- But they write this paragraph,
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- Lower court judges are handed contentious cases
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- Involving the trump administration.
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- They painstakingly research the law to reach their rulings.
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- And when they go against trump, administration officials
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- 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.
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- And then it goes on to say
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- That one judge said it's inexcusable
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- 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
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- Needs to be ramped up a little bit is
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- They should have asked every single one of these judges,
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- Did you rush to make a statement when?
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- Because you're doing it now, saying
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- 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
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- Front of the supreme court about supreme court justices?
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- - i wanna tell you, gorsuch, i wanna tell you, kavanaugh,
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- You have released the whirlwind
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- And you will pay the price.
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- (crowd cheering)
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- You won't know what hit you if you go forward
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- With these awful decisions.
- 00:10:52.251 --> 00:10:54.052
- - of course we know what then led
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- After that, which were death threats, people coming up
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- To their homes, people in the streets protesting
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- In front of supreme court justices.
- 00:10:59.558 --> 00:11:01.093
- Because all of that was about was the,
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- That was the leak, right?
- 00:11:04.229 --> 00:11:05.831
- - well, that, no, that was specifically,
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- I think it was prior to the leak,
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- But it was while the dobbs case was pending
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- 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