May 14, 2026
The Bill Martinez Show 05 14 26

The Bill Martinez Show 05 14 26
Transcript
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Are you ready?
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Yeah, Okay, let's do an Ill Martina's Live, a program
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about current events.
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Our culture, our values, our politics, and our future.
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And now Bill Martinez.
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Hey, good morning to you. Six minutes after the top
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of the are right now, we've got the Assistant General
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Counsel of Landmark League, the one and only Mike O'Neil,
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joining us. Hey, Michael, good morning.
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Good to be with you. Bill.
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How are you well? You know, just having all kinds
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of fun as if we had nothing to talk about.
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The Democrats' heads are exploding. All the money that they
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spent in Virginia on the redistricting wars has really backfired
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on them a bit, hasn't it?
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Right? And it was. It was a very brave decision
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from on the part of the Virginia Supreme Court. Here
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now we're going to throw over the course of our
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discussion the next few minutes, we're going to be talking
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about Supreme Court. So I want to be clear with this.
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We're talking about the Virginia Supreme Court, not the US
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Supreme Court. And we'll talk about the US Supreme Court
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because of course they have a role to play at
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all of this as well. But this is a very
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brave decision from the Virginia Supreme Court, and it is
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it really is common sense when you boil it down,
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when you pass a constitutional amendment, and there's a prescribed
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procedures in enacting a constitutional amendment, and this is what
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they were trying to do. They were trying to they
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were trying to pass a constitutional amendment. To the Democrats
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in Virginia, we're trying to pass a constitutional amendment to
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redistrict all of the congressional districts. Now under our federal
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system and under our US federal Constitution, they're allowed to
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do that. Right, State legislatures are and you're seeing this
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all over the country, right, you're seeing it in Texas.
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For political purposes belongs to spoils, Yes.
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Exactly, You've seen that all over It's the gerrymandering wars
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that we're engaging in right now. And Virginia was doing
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that and there was no federal constitutional issue at play here.
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There's no in other words, there's no there's no equal
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protection issue or claim that can be played at This
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is what they're permitted to do under our US Constitution
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via the US Supreme Court's decision. However, you're still obligated
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to follow law and state constitution when a state action,
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When a state actor takes action pursue it to state law,
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they have to do it under the prescribe procedures of
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state law exactly and under the state constitution. And if
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you want, if a party or if an organist, if
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a group wants to amend the Virginia Constitution, and this
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is what we're talking about, the Virginia Constitution, not the
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US Constitution, then they have to follow a given procedure
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that's laid out in the constitution. So what does that mean?
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What does that procedure entail? It means that you have
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to before an election takes place, you have to have
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the legislature in Virginia vote on the constitutional amendment. Then
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an election has to take place. Then after that election,
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there has to be another vote and then by that
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legislature again upholding the amendment. And then after that it
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has to be put to the people of Virginia for
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an up or down vote, yes or no. So what
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did they fail to do in this case? The original
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vote from the Legislature of Virginia was conducted during the
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election process in twenty twenty five, and this is what
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happened was it was done in October. Well, early voting
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had already started and a lot of votes had already
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been cast, so the opportunity so people had already voted.
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So because it had, it wasn't done outside the course
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of an election. It didn't follow the necessary procedures as
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specified in the Virginia Constitution. Now this was clear to everybody.
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We knew this going forward. It was that it was
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constitutionally deficient. It was procedurally deficient. However, I think the
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Democrats in Virginia were just hoping to gloss over that
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and bully their way through the Virginia Supreme Court. They
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the Supreme Court, the Virginia Supreme Court is a stickler
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for procedure. They're well not there. Their reputation is belt.
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It's called belt and Suspender's law. It means if you
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don't have all your eyes dotted or your tea's crossed,
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it's not we're not gonna We're not gonna counter, no
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matter how good your arguments are. No matter what your
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arguments are, you have to you have to make sure
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you follow the rule of law and the procedures set
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fourth in the Virginia Constitution and very clearly they didn't
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do that. So that's what the Supreme Court ruled on.
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The Virginia Supreme Court ruled on you didn't do you
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didn't follow the procedures. You're not special. Every other constitutional
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amendment has followed this procedure exactly. This doesn't do it.
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And because this doesn't do it, you're out of luck here.
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Now Virginia could go about the Democrats in Virginia could
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redo this. Of course it'll push it back years, but
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they could redo this process. But they have to follow
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the rules, just like everybody else does.
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What a waste? What did they spend forty eighty million
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dollars that they basically just flushed down the toilet? Right?
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Yeah, And it's funny because there was a lot of
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political capital that was expended. I mean, Barack Obama was
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out there talking about fairness running ads. Abigail Spamberg or
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our governor has her her polling has just dropped precipitously.
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She's at her lowest lowest approval rating I think ever
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of a governor in Virginia. And she's only been in
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office for you know, three or four months, so it's
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not going well. And they their lawyers should have prepped
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them for this. You know, lawyers, you know at the outset,
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we knew at Landmark, other people knew that you were
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making the arguments. It was clean, it was a clean legal,
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procedural argument, and they should have been prepared for this.
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But I think they thought, well, if the people of
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Virginia vote up, hold this, the court's gonna the Court's gonna,
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you know, not override the will of the people. But look,
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Virginia Supreme Court, it was a very brave decision. Ironic,
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not ironically, but interestingly, the decision was written by a
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justice on the on the Virginia Supreme Court who was
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originally placed on the appellate Court by Senator Warner, who
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is a Democrat senator from Virginia, but he was also
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the governor of Virginia and he's a Democrat. So you
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had a Democrat, sensibly a Democrat appointed justice who was
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who was the operative decision. And again politics didn't play
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a part in this. In the decision, it was just
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a procedural matter about you have to follow the rules.
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That's just the bottom line.
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Well, well, once again it seems to be in alignment
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with the character of Virginia. I mean, before all this
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came out, you know, their redistrict or their districting map
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was said to be one of the fairest in the land. Yeah,
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and so fair and consistent, and so here they are.
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They a decision is brought to the state Supreme Court
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and fair minded as they are, as you do. I'm
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going to be using Belton suspenders forever. Now, I love that.
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But that's exactly right. I mean, they played by the rules.
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Now.
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I know people on the right have been a little
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nervous because there have been some judges and activism has
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taken place that the rules mean nothing. It's more about
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you know, politics. So you know, God bless the Virginia
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Supreme Court.
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Yeah, there are in Virginia. It's interesting because there's this
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and it's you still see the I call it messages.
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I would like to think a stronger word than this.
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But Virginia has long again I practiced in Virginia in
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my life. Virginia has long held the South held It's
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out as a tradition based state. Look, this is how
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we do it. We're above the you know, you know
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they don't they call it it's it's Virginia's they call
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it it's a commonwealth, not a state. Well why they
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call it commonwealth. Well, it's tradition, you know, and there's
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a reason why we call it commonwealth. In Virginia. You
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are attorney and counselor at law. So it's all of
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this kind of hearkens back to again I use that
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term Belton, suspenders. We try to stay above the missmash
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and the dirtiness of politics. Here we are. We follow
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the rule of law. That's paramount. This is our ideals
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we strive for. And it's good to see that still
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in existence in the Supreme Court in Virginia. And again
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I don't practice in the Supreme Court in Virginia, but
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the reputation is again, if you miss it by one,
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you know, you you you turn into brief. You submit
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a brief one minute late. It's late. It's not going
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to be accepted. You don't look. We still term our
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we if you don't use the proper headings the way
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it's termed, an answer isn't an answer, it's a demure
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in for JAA. So in Virginia civil procedure. So it's
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all this kind of hearkens back to tradition, Leyden, but
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suspenders above the dirtiness of politics, and so you kind
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of see that this is what the Supreme Court was,
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the Virginia Supreme War was doing, again a brave decision,
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but in line with their reputation and not I mean
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not unexpected in retrospect. I was surprised because I thought
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that they would cave in this era of politics. But
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when you really think about how they're organized and how
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they operate in retrospect, it's not surprising. But the subsequent
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actions by the Democrats have been wholly characteristic not surprising either.
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You know what you saw here, you saw Hakeim Jeffries
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at least reportedly was batting around this crazy idea to
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lower to pass the law that would lower the mandatory
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retirement age in Virginia for something Coourt justices from seventy
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four to fifty four, seventy five to fifty four, and
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you say fifty four, that's a random number. Well, it
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would disqualify all of the sitting justices on there. So
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they just you know, they pass a law and they
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kick them all out.
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That's exactly.
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Hey, let's go to a quick break. We'll talk more
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on the other side. More for Mike O'Neil after this
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