July 2, 2026
The Bill Martinez Show 07 02 26

The Bill Martinez Show 07 02 26
Transcript
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Are you ready, Yeah, Okay, let's do it.
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Bill Martinez 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 Martinez.
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Well, happy fourth of July to America. Bill Martinez here
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just about six minutes after the top of the hour,
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and Mike O'Neil from Landmark Legal joins us. Now, Hey, Michael,
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Hey you nobuddy doing okay?
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Bill?
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Happy forth. Good to be with you.
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Yeah, always good to have you here. Let's talk Scota Son.
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Sure, absolutely well, yesterday was did not go down well
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as I'd predicted or as I thought. So I'll first
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to admit I was wrong. I wish I were I
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wish I had been right. Really unfortunate decision in the
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Trump versus Barbara, the birthright citizenship decision. I mean, we
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can break it down. I think the big takeaway here
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is that you had I mean, and there's there's been
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all kinds of spin in the last you know, twenty
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four hours or so about this decision. Some people are
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trying to characterize this as you know, some optimism and
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the fact that you had four of the justices recognized
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that this was that there wasn't maybe not a constitutional right.
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There's some breakdowns along those lines. But I think the
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really big takeaway with Trump versus Barbara birthright citizenship is
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the fact that five of the Justices, and particularly disappointing
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with Justices Barrett and Chief Justice Roberts closing the door
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of Congress fixing these problems that are facing with us.
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And let me explain what I mean by that.
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Yeah, I'm glad. I'm glad because people immediately thought were Congress,
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this is Congress's job now. But you're saying that they
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kind of put a they put a padlock on it.
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Yeah.
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Yeah, there was a pathway that was opened for them
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to really volley the issue back to Congress, and the
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pathway is is laid out in Justice Kavanaugh's concurring opinion. Look,
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nobody was surprised with the fact that the Supreme Court
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struck down the Executive Order, the executive order really declaring
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children of illegal immigrants as not citizens. The executive Order
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really wasn't the ideal vehicle to bring this issue before
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the Supreme Court. And this is a guest, I'm Monday
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Morning quarterback in this, I'm not placing blame on President
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Trump because President Trump is doing what he can to
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try to solve a problem. He identifies a problem here,
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and he's trying to solve it with the tools at
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his disposal. And one of the tools at his disposal
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is the executive order power. Unfortunately, under our constitutional structure,
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an executive order doesn't hold a lot of water right.
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So ideally, how this issue should be brought to the court,
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and I think maybe we can still try this is
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Congress can still try this is via a law. Is say,
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for example, Congress passes a law declaring birth tourism illegal,
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and then you say, does that law conflict with the
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Fourteenth Amendments citizenship clause as of right now? And this
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is the problem here because the Supreme Court ruled that
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there is a constitutional right enshrined within the citizenship clause
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of the Fourteenth Amendment to birthright citizenship, and that means
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territorial presence at the time of birth is enough to
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convey citizenship. That is a constitutional right enshrined in the
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Fourteenth Amendment. That means if you have a law that
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facially conflicts with that, i e. A law that says, well,
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a Chinese surrogates child or a Chinese billionaire sarrogate's child
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who's born in the United States is not a citizen.
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That law is presumptively unconstitutional and it's an enormous bar
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to bring to the court. So you've really closed the
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door for Congress doing that because again, it's a recognition
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of a constitutional right. Now, I'm saying, tactically speaking, it
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would be really it would have been ideal for that
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process to have been occurred as a case of first impression.
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In other words, Congress passed this law, the law is
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dragged up to the Supreme Court, and before the Supreme
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Court issued this decision that they issued yesterday and Trump
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versus Barbara as in other words, a case of first impression,
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the Court has to say, Okay, we're going to try
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to determine whether this is consistent with the birthright citizenship clause.
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See what I'm saying here. Now, when you do it
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this via an executive order, nobody was surprised with that
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right that they were going to throw out the executive order.
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And Justice Kavanaugh lays it out in his concurrence. He says, look,
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I would have declared the executive order illegal, but I
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would have not declared it unconstitutional. I would have held
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back on that. And that's something known as the canon
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of constitutional avoidance. And again, in so doing that, you
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would have allowed Congress to weigh in on this. Now
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you're kind of closing the door to Congress, and you're saying,
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this is a this is an enshrined constitutional right, not different,
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not really, kind of analogous. Again, it's a little rough,
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but it's kind of analogous. To encapsulate this and better
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illustrate it to the decision in Row versus Way. Right,
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there's a there's a recognition of a constitutional right to
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an abortion. Now again it's not it's distinguishable because there's
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not a textual hook with abortion. But you know, once
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the court recognizes this constitutional right i e. A right
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to an abortion, how do you get that? How do
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you how do you change that outcome? Well, you have
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to change it either in two ways. Number one a
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constitutional amendment or number two, a new Supreme Court opinion
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that overrules it i e. Adobts opinion that overrule that
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declares that overrules the president of versus Way. And we
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saw how long that took. So this is the journey
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before us. This is really this is unfortunate. The Court
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had a really clear pathway to making allowing the political
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branches to weigh in on this, and they closed that door.
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And that's what's really disappointing.
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Bill.
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Why did they do that? Mike? I mean almost seems
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like that's the question. You know, it's just something because somehow,
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you know, some have suggested that that you know, Roberts
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specifically was nervous because you know, the Democrats have been
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talking about packing the court.
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Who that's someone I've wrestled with a little bit over
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the past. I was thinking about that this morning. Really
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why the operative court? You know, we can talk about
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the how and the effects and everything, it's why why
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did Justice Robert Chief Justice Roberts deviate from his modus operandi?
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And I've struggled with that answer. I mean, I think
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you can, you can. This is why I was. I
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was really confident in predicting that it was going to
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be this illegal but not nonconstitutional. They're going to hold
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back on the constitutional because Justice Roberts. Chief Justice Roberts
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has always operated from a position of judicial minimalism, right,
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and if there's a if there's an off ramp that
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he can take to volly the a legitimate off ramp
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that he can take to volly the issue back to
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the political branches, i e. Congress specifically, or at state legislatures,
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what have you. He was going to take that, and
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he's done that repeatedly, and I thought to myself that'd.
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Be a except for Obamacare. Obamacare was another exception.
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Well, well, Obama, let me say Obamacare. He deferred to
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the legislature, right, he did. He was loath to overturn
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a piece of legislation that was this is this is
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actually works really to support my theory because he was
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deferring to Congress in this. He was trying to find
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a reason to preserve the legislation. So he was he
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was taking every step he could, including this wild step
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of finding the power of tax to declare this law constitutional,
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because he didn't want to override the power of Congress
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to pass a law. So that's kind of actually, I
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see what you're saying, but it's actually kind of consistent
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with what I was thinking, is that he understand stands
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the importance of Congress in our constitutional structure and doesn't
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want to close the door to them, and if they've
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done something, he wants to take every opportunity he can
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to validate what Congress has done. And so he's kind
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of he's kind of elevated. Congress not elevated, but he's
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recognized that under our traditional separation of powers and our
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constitutional structure, that really the Framers envisioned Congress as the
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most powerful branch. That all went out the window with
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this decision with Trump versus Barbara. And this is why
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I was so surprised with it and honestly disappointed, because
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I said to myself, you know, Okay, I get an
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executive order, bad, but you know, let Congress have a
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say in this before you, before you decide you're going
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to go down this constitutional road. Now you can not
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to get answer your question, Bill why, I mean, I
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don't really I'm loath to get into some of the
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theories I might have with it, but I don't want to.
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I'm really not comfortable in opening up my personal theories
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on it. But I think I think he was just
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looking for a reason to get into this constitutional issue
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and come down on it. It's just disappointing. I have
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theories on it, I'm not really comfortable voicing them publicly
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on it, but I wish I wish he'd go one
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the other way, honestly, And I'm surprised.
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Well, it's amazing when you think about where we are
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on a national security issue, immigration, where it sits right now,
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that's happening on this you think, gosh, you know, birthright
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citizenship is just part of the problem. It's not the problem,
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but it contributes to the problem.
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Yeah, and this is here's here's the other problem with
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this decision too, is is it opened up again. This
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is not just similar to watch and versus r RNC.
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It opens up a parade of horrible, possibly horrible, of
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thorny issues that we're now going to have to deal with. Okay,
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so let me let me throw a couple of things out. Well,
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how do you There's clearly there's some motivation here to
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reduce birthright citizenship. There's a political will to do this, right, Obviously,
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Donald Trump's the president. I states he was elected on
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an immigration platform, so there's a political will to address
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these issues. Well, okay, does the president now and I
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think he might have the statutory authority to require and
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again I don't feel comfortable with this. I'm just throwing
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this out there now, to require women who come into
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our country to take a birth to pass, to take
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up pregnancy test before they're allowed to come into our country.
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two eight four thirteen forty nine.
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This is Don Shank with today's Global Update from the
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Tide Ministry, sharing the gospel of Jesus Christ worldwide and
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the languages people were born to speak. As Americans prepared
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to mark the nation's two hundred and fiftieth anniversary, the
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