April 2, 2026
The Bill Martinez Hour Show 04 02 26

The Bill Martinez Hour Show 04 02 26
Transcript
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Are you ready?
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Yeah, okay, let's do an ill.
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Mark Tinas Live a program about current events, our culture,
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our values, our politics, and our future.
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And now Bill Martinas.
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Well, good morning America. Six minutes after the top, they
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are right now. We got Mike O'Neil from Landmark Legal. Hey, Mike,
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got you doing.
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I'm good, Bill, Good to be with you.
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Quite a day. Birthright citizenship. Let's talk about it.
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Yeah, sure.
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Oral arguments were health today and Trump versus Barbara the
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birthright citizenship case, and there's good news, bad news, mixed bag, obviously.
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First of all, let's start with the good news. The
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solicitor general. Let's let's frame the issue. First of all,
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the issue is whether the Fourteenth Amendment Section one of
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the fourteenth Amendment conveys automatic birthright citizenship regardless of the
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status of the parent. So, in other words, if you're
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an illegal immigrant and you come here and you have
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a child, that child has conveyed automatic US citizenship. So
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that was the issue that was squarely before the court.
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Let's start with the good news, the good news. First
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of all, let's talk about the I'm not going to
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say performance, but the arguments, the advocacy of the Solicitor
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General was top notch. He was able to really articulate
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a coherent version and coherent interpretation of what the terms
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of the fourteenth Amendment mean. And I think he kind
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of engaged in a little bit of jiu jitsu.
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Here.
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You hear about a lot about a specific case if
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you listen to oral arguments, and you've probably heard this
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in media reports. This case that was on point, supposedly
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on point called Wang Kim arc. This was the case
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that involved Chinese immigrants to the United States, not eighteen
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ninety eight, whether their child they were not citizens, because
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of course they were Chinese immigrants and there was a
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lot of laws on the books which didn't provide naturalization
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process for Chinese. But they were here legally, which is
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important to understand. And what's even more important to understand,
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which was kind of sussed out today during oral arguments,
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is they had established a domicile in the United States
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of America, and the question was legally here established a domicile,
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whether their offspring was subject to the jurisdiction thereof they're
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babies born in America and therefore American citizens. And I
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think the Solicitor General clearly established that point. He kind
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of used some jiu jitsu here by saying one can
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mark rather than working against us, the Trump administration, in fact,
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can be interpreted in a manner which is consistent with
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the executive order. In other words, subject to the jurisdiction
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thereof means something more than mere territorial presence in the
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United States. So that was good news, some good news.
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He was able to formulate that. Another piece of good
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news was the fact that the Court was squarely focused
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on the constitutional issue here, right, that's good. There's another
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side to it, and I'll get to it in a second.
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The good news is the court had to really get
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to the constitutional issue, and there was some skepticism about
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whether it was going to do that and whether it
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was going to be solely focused on that. But the
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overwhelming majority of the oral arguments today focused on what
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is the interpretation of the of these constitutional amendments, so
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it's constitutional analysis. There was the possibility, and I have
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to talking about this in other areas, that the Court
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was going to get hung up on the fact that
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there was a law passed in nineteen forty and then
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nineteen fifty two and just rely on analysis of the
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law and say, well, the executive order violates the law,
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we're not going to get to a constitutional analysis. In
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other words, utilize what is known as the constitutional avoidance canon.
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That wasn't president at all the day. I didn't hear
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any kind of I was listening for that didn't hear it.
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So it seems like the court was squarely focused on
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the interpretation of the fourteenth Amendment. So that's more good news.
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Now let's talk about some things that work probably against
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the administration. Is clearly you saw that some of these
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justices that are necessary to formulate a five justice majority
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are not solely in favor of the executive order. I
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think there was a question that's getting a lot of
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play out there is the opening question from the Chief Justice,
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and he was talking about exceptions that were carved out
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to the automatic birthright citizenship. This was Native America and
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Children's of diplomats, And his first question is this listeners
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general right off the bat was expressing skepticism about how
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you could take those exceptions and say that there's a
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greater limitation on that term subject to the jurisdiction. So
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he said, how can we take these quirky and I'm
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using the word quirky because he wore quirky exceptions and
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somehow use that to exclude an entire class of people,
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in other words, people who come here and have babies
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and are born here. So there was a little bit
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of skepticism on the part of the Chief Justice, some
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more skepticism on the part of Justice Kavanaugh where he
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was talking about the role of Congress here, and then
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some skepticism from ACB. So whether the majority is there,
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the five justice majority is there, clearly. Kagan, Sodomaiora, and
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Jackson were in the in the in the camp of
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this is this is an improper executive order pro you know,
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pro birthright citizenship in other words, so you know, you
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have to cobble together a five justice minority and we'll see,
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we'll see where it comes up. But the arguments went
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about as well as to be expected. For the Solicitor
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General and for the Trump administration today.
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Well on its merit. I mean here, you've got a
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cottage industry that has evolved out of the fourteenth Amendment.
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I mean the number of people who have taken advantage
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of this, which European countries, you know, you look what
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they did with it. You know that they they basically said,
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and we're not going to we're not going to offer
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this anymore because they found it to be deleterious and
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not serving the best interest. I mean, the problem I've
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had from day one with this is that by virtue
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of this, the way they you know, kind of it's
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almost like a pretzel logic to me from my pers
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I'm not an attorney, but the way they've kind of
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twisted this around, it's like it's so divisive that you
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end up dividing a family. You don't unite a family
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when you say, hey, you're not a citizen, but your
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kid is. To me, that's GOOFY can't I can't square
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that up?
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Mike.
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Yeah, And all the practical effects that that happens that
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results from that derives from that. And the court touched
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on that a little bit. I would have liked them
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to have touched on a little bit more. There was
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a question, there was a practical example. A lot a
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lot of the discussion focus on this word domicile, right
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if you so domicile so and you could take that
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This is kind of what I'm talking about. From Wane
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k Mark. Wan kim Mark said, you know that they
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the Chinese individuals and Yuan Kmark the parents were domicile.
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We're legally admitted and we're domicile domicilliaries of the United States.
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So that means subject to the jurisdiction thereof jurisdiction encompasses domicile.
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And of course a lot of these what you're saying,
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Bill is if you're here illegally, you can't establish a
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domicile right, you're not. You're not a domicilliary of the
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United States. You have an allegiance to another foreign country,
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and you're not domicile here. And so there was a
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lot of there was a lot of HARKing back, and
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that I think works in favor of the Trump the
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bringing back to the fact that Wan k Mark, this
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this position that the left is so relying on really
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is focus on you know, legal legality and domici and
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domicile and if you want to use those two conditions
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for subject to the jurisdiction thereof Okay, let's go with that.
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That's fine, we can do that. We can say domicile
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and and and here and present in the country legally.
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So there was again that was kind of crap. I
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think that was really highly uh you know, a good
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move from the from the from the point of view
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for the administration.
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Let me ask you this real quick, speaking of subject
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to the jurisdiction thereof is there some allegiance consideration here?
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Yeah?
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Absolutely, and that that that was there was a lot
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of discussion of that an an allegiance to to it,
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and there was so Alito was funny when he asked
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a funny question. He said, well, what if you are
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born of the child, you know, Iranians or Chinese come
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into the country, have a baby, and those children are
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subject to military service, mandatory military service in China or
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Iran obviously identified adversaries of the United States. How can
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you say that they have any allegiance to the United
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States when they're complicated to go serve in a foreign
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army which could which is right now in adversary of
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the United States and a potential adversary of the United States.
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And that really you know that that was again another
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one of those how do you jibe this? This The
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clear way to understand it, to reconcile this point which
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you're getting at, is to simply say, okay, well they
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don't you know, subject to the juris what is the
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best interpretation of subject to the jurisdiction they're in. And
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that means excluding those people who might have divided allegiance
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or the children who by law have a divided allegiance
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because by law their children are alligated in the forum.
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Law of course, exactly.
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Yeah. On the other side of that is a couple
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of things. Is Roberts, as I say, Roberts kind of
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said this famous line you might be reading about in
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a couple of days, all right, later this afternoon, reading
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about this case, Roberts said, you know, circumstances changed, but
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the Constitution remains the same. Is he going to be
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swayed by these by these practical arguments? That's that's something there.
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I would not put Roberts in the in the camp
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of Trump, of the of the of the of pro
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executive order. I would put him in the camp of
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pro birthright citizenships. So you're gonna have to see, you
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have to run the table with a gorstch Alita or
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a Gorsitch, ACB and Cavanaugh there, and again that's a
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that's a tough road right now.
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I would say, well, let's go, let's go to break.
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We'll talk about it more on the other side more
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from Mike O'Neil after this stay with us.
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