1 00:00:15,028 --> 00:00:16,128 [Rush Lindell] Welcome back, everybody, 2 00:00:16,228 --> 00:00:17,628 [Rush Lindell] to the Rush Lindell Show. 3 00:00:18,027 --> 00:00:18,978 [Reagan] Good to be here. 4 00:00:19,178 --> 00:00:19,978 [Reagan] Grab your coffee, 5 00:00:20,128 --> 00:00:22,778 [Reagan] because the Supreme Court just handed us a doozy. 6 00:00:23,278 --> 00:00:25,428 [Rush Lindell] A doozy? Try seismic. 7 00:00:25,928 --> 00:00:27,878 [Rush Lindell] Birthright citizenship survives. 8 00:00:28,178 --> 00:00:29,678 [Rush Lindell] 6-3 case closed. 9 00:00:30,278 --> 00:00:31,278 [Reagan] 6-3, 10 00:00:31,378 --> 00:00:33,228 [Reagan] or so everyone keeps saying. 11 00:00:33,811 --> 00:00:34,411 [Rush Lindell] Ha, ha! 12 00:00:34,661 --> 00:00:35,111 [Rush Lindell] Wait, 13 00:00:35,262 --> 00:00:35,961 [Rush Lindell] or so? 14 00:00:36,211 --> 00:00:37,611 [Rush Lindell] You've got that look on your face. 15 00:00:38,012 --> 00:00:40,861 [Reagan] Let's just say the real math might surprise you. 16 00:00:41,111 --> 00:00:41,762 [Reagan] We'll get into it. 17 00:00:42,061 --> 00:00:42,362 [Rush Lindell] Oh, 18 00:00:42,462 --> 00:00:43,862 [Rush Lindell] I love when you tease me. 19 00:00:44,061 --> 00:00:44,512 [Rush Lindell] All right, 20 00:00:44,611 --> 00:00:46,012 [Rush Lindell] that's segment one right there. 21 00:00:46,461 --> 00:00:51,712 [Reagan] Then Kavanaugh drops a concurrence pointing at a nineteen fifty two statute instead of the Constitution. 22 00:00:52,262 --> 00:00:54,061 [Rush Lindell] Sounds like a lifeline for Congress, 23 00:00:54,262 --> 00:00:55,612 [Rush Lindell] until you look at the vote count. 24 00:00:55,912 --> 00:00:59,311 [Reagan] Exactly the kind of thing will separate the rhetoric from the reality on. 25 00:00:59,712 --> 00:01:02,762 [Rush Lindell] And Stephen Miller called this whole ruling a knife. 26 00:01:02,515 --> 00:01:04,266 [Rush Lindell] Knife wound in the American Republic. 27 00:01:04,765 --> 00:01:09,316 [Reagan] Bold words for a ruling that might not even touch the birth tourism problem he's worried about. 28 00:01:09,816 --> 00:01:10,265 [Rush Lindell] Ha ha! 29 00:01:10,515 --> 00:01:12,765 [Rush Lindell] Then the GOP tries to respond, 30 00:01:12,865 --> 00:01:13,316 [Rush Lindell] and folks, 31 00:01:13,465 --> 00:01:14,465 [Rush Lindell] it's chaos. 32 00:01:14,915 --> 00:01:16,415 [Rush Lindell] Rand Paul's got one plan. 33 00:01:16,915 --> 00:01:18,665 [Reagan] Mike Lee's crew wants a different amendment. 34 00:01:18,965 --> 00:01:21,066 [Reagan] Tom Cotton's camp wants a statute instead. 35 00:01:21,265 --> 00:01:22,765 [Reagan] Nobody's on the same page. 36 00:01:23,165 --> 00:01:23,665 [Rush Lindell] Ha ha! 37 00:01:23,965 --> 00:01:27,615 [Rush Lindell] We'll even run a little Theater of the Absurd with that one later in the show. 38 00:01:28,015 --> 00:01:31,465 [Reagan] And we'll close by weighing this against everything else the court did this term. 39 00:01:31,219 --> 00:01:31,519 [Reagan] this term. 40 00:01:31,569 --> 00:01:32,870 [Rush Lindell] Let me tell you something. 41 00:01:33,019 --> 00:01:35,319 [Rush Lindell] There's plenty here nobody's talking about yet. 42 00:01:35,769 --> 00:01:38,519 [Reagan] So let's start with what actually happened Tuesday. 43 00:01:38,969 --> 00:01:41,920 [Rush Lindell] But first, this hour is brought to you by Lear Capital, 44 00:01:42,269 --> 00:01:44,819 [Rush Lindell] America's precious metals leader since 1997. 45 00:01:50,739 --> 00:01:52,839 [Rush Lindell] Before we dive in, a quick reminder. 46 00:01:52,939 --> 00:01:54,489 [Rush Lindell] We love hearing from you. 47 00:01:54,539 --> 00:01:57,289 [Rush Lindell] If you have questions or topics you'd like us to cover, 48 00:01:57,539 --> 00:02:00,140 [Rush Lindell] head to the link in the description and submit your question. 49 00:02:00,189 --> 00:02:02,090 [Rush Lindell] We read every single one. 50 00:02:07,540 --> 00:02:08,840 [Rush Lindell] Ladies and gentlemen, 51 00:02:09,040 --> 00:02:10,040 [Rush Lindell] we have a decision. 52 00:02:10,490 --> 00:02:15,939 [Rush Lindell] Six months of build-up and the Supreme Court just handed down the verdict on birthright citizenship. 53 00:02:16,540 --> 00:02:17,939 [Rush Lindell] 6-3 they're calling it. 54 00:02:18,240 --> 00:02:20,189 [Rush Lindell] Trump's executive order done, 55 00:02:20,540 --> 00:02:22,090 [Rush Lindell] knocked out in the first round. 56 00:02:22,290 --> 00:02:23,240 [Reagan] Hold on, Rush. 57 00:02:23,540 --> 00:02:24,990 [Reagan] 6-3 is the headline, 58 00:02:25,240 --> 00:02:26,590 [Reagan] but that's not the real number. 59 00:02:26,890 --> 00:02:27,990 [Rush Lindell] Oh, here we go. 60 00:02:28,189 --> 00:02:30,490 [Reagan] The order got struck down 6-3, 61 00:02:30,640 --> 00:02:30,939 [Reagan] Sure, 62 00:02:31,189 --> 00:02:33,689 [Reagan] but the actual constitutional question... 63 00:02:33,876 --> 00:02:37,426 [Reagan] Is birthright citizenship guaranteed by the Fourteenth Amendment? 64 00:02:37,975 --> 00:02:41,475 [Reagan] That was five four; Kavanaugh didn't join on those grounds. 65 00:02:41,725 --> 00:02:42,075 [Rush Lindell] Wait, 66 00:02:42,176 --> 00:02:42,276 [Rush Lindell] wait, 67 00:02:42,376 --> 00:02:42,475 [Rush Lindell] wait, 68 00:02:42,526 --> 00:02:45,176 [Rush Lindell] so one justice basically fought a different fight? 69 00:02:45,426 --> 00:02:45,876 [Reagan] Exactly. 70 00:02:46,426 --> 00:02:49,075 [Reagan] Chief Justice Roberts wrote the majority opinion, 71 00:02:49,575 --> 00:02:51,026 [Reagan] and according to SCOTUSblog, 72 00:02:51,225 --> 00:02:57,376 [Reagan] he said kids born to parents unlawfully or temporarily present are citizens at birth, 73 00:02:57,776 --> 00:03:01,075 [Reagan] tracing that straight back to the framers of the Fourteenth Amendment. 74 00:03:00,948 --> 00:03:01,198 [Reagan] Amendment: 75 00:03:01,548 --> 00:03:05,147 [Rush Lindell] Robert's going full history professor on us. I love it. 76 00:03:05,298 --> 00:03:11,548 [Reagan] But Kavanaugh peeled off; he agreed the order had to go just on statutory grounds instead. 77 00:03:11,848 --> 00:03:13,998 [Rush Lindell] So it's not a clean knockout, 78 00:03:14,048 --> 00:03:15,848 [Rush Lindell] it's a split decision with an asterisk. 79 00:03:15,848 --> 00:03:16,248 [Speaker 3] Right. 80 00:03:16,248 --> 00:03:19,548 [Reagan] That's the headline nobody's reading past paragraph three. 81 00:03:19,898 --> 00:03:20,948 [Rush Lindell] Of course they're not. 82 00:03:21,198 --> 00:03:21,748 [Rush Lindell] Meanwhile, 83 00:03:21,998 --> 00:03:23,848 [Rush Lindell] guess who's already back on his phone? 84 00:03:24,148 --> 00:03:24,948 [Reagan] Let me guess. 85 00:03:25,298 --> 00:03:26,648 [Rush Lindell] According to Fox News, 86 00:03:26,948 --> 00:03:29,848 [Rush Lindell] Trump posted on Truth Social demanding Congress... 87 00:03:29,651 --> 00:03:32,101 [Rush Lindell] Or start to day on legislation to kill 88 00:03:32,101 --> 00:03:32,251 [Reagan] Hmm. 89 00:03:32,251 --> 00:03:34,101 [Rush Lindell] birth right citizenship for good. 90 00:03:34,351 --> 00:03:41,151 [Reagan] Which legally is a strange ask given five justices just said the Fourteenth Amendment itself protects it. 91 00:03:41,301 --> 00:03:42,251 [Rush Lindell] Strange ask, 92 00:03:42,451 --> 00:03:42,701 [Rush Lindell] sure, 93 00:03:43,001 --> 00:03:44,351 [Rush Lindell] but when has that ever stopped him? 94 00:03:44,501 --> 00:03:45,301 [Reagan] Fair point. 95 00:03:45,551 --> 00:03:55,051 [Rush Lindell] So now we've got a President demanding a law that may not survive the court that just ruled and a Justice who might have handed Congress the exact blueprint to try. 96 00:03:55,351 --> 00:03:57,051 [Reagan] Which raises the real question: 97 00:03:57,268 --> 00:04:00,918 [Reagan] What did Kavanaugh actually write, and does it hold up? 98 00:04:06,003 --> 00:04:08,003 [Rush Lindell] Building on that five four crack, 99 00:04:08,103 --> 00:04:10,003 [Rush Lindell] let's talk about the guy who created it: 100 00:04:10,253 --> 00:04:10,903 [Rush Lindell] Kavanaugh. 101 00:04:11,203 --> 00:04:11,804 [Reagan] Right. 102 00:04:12,003 --> 00:04:13,804 [Reagan] He agreed the order had to die, 103 00:04:13,953 --> 00:04:16,254 [Reagan] just not for the reason everyone thinks. 104 00:04:16,754 --> 00:04:18,653 [Rush Lindell] Oh this is where it gets fun. 105 00:04:18,903 --> 00:04:21,303 [Rush Lindell] He didn't say the Fourteenth Amendment killed it. 106 00:04:21,754 --> 00:04:25,053 [Reagan] He said a nineteen fifty two immigration statute did: 107 00:04:25,454 --> 00:04:27,303 [Reagan] the Immigration and Nationality Act, 108 00:04:27,504 --> 00:04:28,403 [Reagan] not the Constitution. 109 00:04:29,103 --> 00:04:31,003 [Rush Lindell] So the amendment survives untouched, 110 00:04:31,103 --> 00:04:32,503 [Rush Lindell] but Congress apparently left 111 00:04:32,244 --> 00:04:34,444 [Rush Lindell] They left the side door open the whole time. 112 00:04:34,844 --> 00:04:37,744 [Reagan] That's the argument; and according to Fox News, 113 00:04:37,994 --> 00:04:39,044 [Reagan] Kavanaugh went further: 114 00:04:39,294 --> 00:04:41,394 [Reagan] he basically wrote lawmakers a memo. 115 00:04:41,944 --> 00:04:43,694 [Rush Lindell] A memo-I love it. 116 00:04:43,794 --> 00:04:44,444 [Rush Lindell] Give me the quote. 117 00:04:44,844 --> 00:04:53,144 [Reagan] TechTimes reported his concurrence said "Congress could amend that law or pass new legislation carving out exceptions to birthright citizenship. 118 00:04:53,744 --> 00:04:57,394 [Rush Lindell] So a sitting justice just handed the GOP a permission slip: 119 00:04:57,644 --> 00:04:58,344 [Rush Lindell] Sign here, 120 00:04:58,544 --> 00:04:59,244 [Rush Lindell] restrict away. 121 00:04:59,963 --> 00:05:00,963 [Reagan] That's one read, 122 00:05:01,114 --> 00:05:01,864 [Reagan] but slow down, 123 00:05:02,014 --> 00:05:04,663 [Reagan] because that permission slip has a landmine under it. 124 00:05:04,963 --> 00:05:05,463 [Rush Lindell] Hold on, 125 00:05:05,514 --> 00:05:06,713 [Rush Lindell] hold on-what land mine? 126 00:05:07,241 --> 00:05:12,341 [Reagan] Five justices-the actual majority-just rejected the theory that the Fourteenth Amendment 127 00:05:12,341 --> 00:05:12,442 [Rush Lindell] Wow. 128 00:05:12,442 --> 00:05:14,741 [Reagan] lets you carve out exceptions at all. 129 00:05:15,091 --> 00:05:15,491 [Rush Lindell] Right, 130 00:05:15,641 --> 00:05:17,491 [Rush Lindell] the five four split we just walked through. 131 00:05:17,991 --> 00:05:22,091 [Reagan] So if Congress passes a new statute restricting birthright citizenship, 132 00:05:22,641 --> 00:05:25,942 [Reagan] that same five justice bloc is sitting right there waiting. 133 00:05:26,491 --> 00:05:29,442 [Rush Lindell] So Kavanaugh's road map leads to another lawsuit. 134 00:05:30,091 --> 00:05:33,041 [Reagan] Slate ran a piece calling it "an opening for Trump's side. 135 00:05:32,980 --> 00:05:34,230 [Reagan] I'd hardly a win yet! 136 00:05:34,580 --> 00:05:37,680 [Rush Lindell] An opening that just walks you back into the same brick wall. 137 00:05:38,230 --> 00:05:39,030 [Reagan] That's the risk. 138 00:05:39,330 --> 00:05:41,030 [Reagan] Congress could pass something tomorrow, 139 00:05:41,129 --> 00:05:43,879 [Reagan] and it still has to survive the constitutional question, 140 00:05:44,080 --> 00:05:45,330 [Reagan] not the statutory one. 141 00:05:45,730 --> 00:05:47,780 [Rush Lindell] It's a trap dressed up as a gift, 142 00:05:48,030 --> 00:05:49,129 [Rush Lindell] classic Kavanaugh. 143 00:05:49,530 --> 00:05:49,879 [Reagan] Well, 144 00:05:50,030 --> 00:05:56,530 [Reagan] I wouldn't call it a trap necessarily; he's inviting the political branches to act instead of the court dictating everything. 145 00:05:57,080 --> 00:06:01,580 [Rush Lindell] Sure-inviting-sounds like handing someone a rope and calling it a gym membership. 146 00:06:01,492 --> 00:06:01,842 [Rush Lindell] Worship. 147 00:06:02,092 --> 00:06:03,942 [Reagan] That's one way to put it. 148 00:06:04,092 --> 00:06:07,391 [Rush Lindell] And you know who's already treating this gift like Christmas morning? 149 00:06:07,641 --> 00:06:08,542 [Rush Lindell] The White House. 150 00:06:08,792 --> 00:06:10,891 [Reagan] Which is where this gets messy fast. 151 00:06:11,442 --> 00:06:13,242 [Rush Lindell] Oh, it already is. 152 00:06:13,492 --> 00:06:16,292 [Rush Lindell] Wait till you hear what Stephen Miller sang on Fox tonight. 153 00:06:21,779 --> 00:06:23,579 [Rush Lindell] Building on that legal wall, 154 00:06:23,829 --> 00:06:25,879 [Rush Lindell] Stephen Miller just went on Fox News and 155 00:06:25,879 --> 00:06:25,979 [Reagan] Wow. 156 00:06:25,979 --> 00:06:30,029 [Rush Lindell] called this ruling a deep knife wound in the heart of the American Republic. 157 00:06:30,279 --> 00:06:33,179 [Reagan] A knife wound over an immigration statute? 158 00:06:33,979 --> 00:06:37,279 [Rush Lindell] I'm calling him Doomsday Stephen from here on out. 159 00:06:37,379 --> 00:06:40,679 [Rush Lindell] Man treats every SCOTUS loss like the fall of Rome. 160 00:06:40,929 --> 00:06:42,329 [Reagan] It's not just him. 161 00:06:42,729 --> 00:06:46,529 [Reagan] J.D. Vance told Laura Ingraham the fight is hanging by a thread, 162 00:06:46,629 --> 00:06:47,929 [Reagan] and he's vowing to keep- 163 00:06:47,732 --> 00:06:48,232 [Reagan] To keep pushing. 164 00:06:48,682 --> 00:06:50,132 [Rush Lindell] Hanging by a thread! 165 00:06:50,632 --> 00:06:50,982 [Rush Lindell] Reagan, 166 00:06:51,232 --> 00:06:54,132 [Rush Lindell] five justices just told you the thread snapped! 167 00:06:54,532 --> 00:06:54,832 [Reagan] Right. 168 00:06:55,032 --> 00:06:58,232 [Reagan] And that's the contradiction nobody in the West Wing wants to sit with. 169 00:06:58,632 --> 00:06:59,932 [Reagan] Trump wants Congress to pass 170 00:07:00,101 --> 00:07:00,901 [Rush Lindell] Something quick, 171 00:07:01,201 --> 00:07:01,551 [Rush Lindell] simple, 172 00:07:01,851 --> 00:07:02,101 [Rush Lindell] done. 173 00:07:02,451 --> 00:07:07,951 [Reagan] Meanwhile Miller and Vance are out there treating it like a five alarm civilizational emergency. 174 00:07:08,401 --> 00:07:13,801 [Rush Lindell] You can't have both; either this is a quick legislative fix or it's the end of the Republic; pick one. 175 00:07:14,851 --> 00:07:17,401 [Reagan] Doomsday Stephen picked end of the Republic, 176 00:07:17,551 --> 00:07:18,051 [Reagan] obviously. 177 00:07:18,501 --> 00:07:20,301 [Rush Lindell] There's substance buried in the theater, 178 00:07:20,451 --> 00:07:20,601 [Rush Lindell] though. 179 00:07:21,051 --> 00:07:28,551 [Rush Lindell] IBTimes reported administration officials are now looking hard at birth tourism-people flying in just to give birth on American soil. 180 00:07:28,729 --> 00:07:29,229 [Reagan] Wait, 181 00:07:29,329 --> 00:07:30,879 [Reagan] that's actually a real thing? 182 00:07:31,229 --> 00:07:31,879 [Rush Lindell] It happens, 183 00:07:32,129 --> 00:07:33,029 [Rush Lindell] but here's the wrinkle: 184 00:07:33,429 --> 00:07:40,329 [Rush Lindell] federal law already criminalizes the visa fraud schemes Miller's describing; no new amendment required for that piece. 185 00:07:40,779 --> 00:07:45,879 [Reagan] So the knife wound speech is partly solving a problem that's already illegal? 186 00:07:46,279 --> 00:07:46,779 [Rush Lindell] Partly, 187 00:07:46,929 --> 00:07:47,129 [Rush Lindell] yeah. 188 00:07:47,529 --> 00:07:53,029 [Rush Lindell] Doesn't mean birth tourism isn't real; it means the rhetoric's outrunning what the ruling actually changed. 189 00:07:54,129 --> 00:07:55,229 [Reagan] Doomsday Stephen, 190 00:07:55,379 --> 00:07:56,029 [Reagan] ladies and gentlemen! 191 00:07:56,289 --> 00:07:59,939 [Reagan] diagnosing a wound the DOJ already has a bandage for. 192 00:08:00,189 --> 00:08:02,489 [Rush Lindell] And that gap between rhetoric and remedy, 193 00:08:02,789 --> 00:08:06,439 [Rush Lindell] it's about to get bigger once you see what Senate Republicans are proposing next. 194 00:08:11,951 --> 00:08:13,901 [Reagan] Forget the birth tourism angle a second, 195 00:08:14,051 --> 00:08:16,001 [Reagan] Reagan; take me into the real fight, 196 00:08:16,251 --> 00:08:16,851 [Reagan] Rand Paul. 197 00:08:17,101 --> 00:08:18,851 [Rush Lindell] He filed his amendment back in April, 198 00:08:19,001 --> 00:08:20,301 [Rush Lindell] before the ruling even landed. 199 00:08:20,751 --> 00:08:25,101 [Rush Lindell] The Washington Examiner reported it caps automatic citizenship to kids of citizens, 200 00:08:25,401 --> 00:08:27,501 [Rush Lindell] legal permanent residents or service members. 201 00:08:27,901 --> 00:08:29,401 [Reagan] Surgical; I like it. 202 00:08:29,651 --> 00:08:31,201 [Rush Lindell] And he's not waiting on Congress. 203 00:08:31,551 --> 00:08:36,001 [Rush Lindell] WorldNetDaily reported this week he's taking his state legislature by state legislature, 204 00:08:36,451 --> 00:08:37,201 [Rush Lindell] Kentucky first, 205 00:08:37,401 --> 00:08:37,851 [Rush Lindell] and, 206 00:08:37,951 --> 00:08:38,601 [Rush Lindell] in his words, 207 00:08:38,701 --> 00:08:39,301 [Rush Lindell] he wants to: 208 00:08:39,193 --> 00:08:41,593 [Rush Lindell] To "get it done one state at a time. 209 00:08:41,793 --> 00:08:46,643 [Reagan] The article hive back door-nobody does that-that's legislative archaeology! 210 00:08:46,893 --> 00:08:47,393 [Rush Lindell] Rare, 211 00:08:47,543 --> 00:08:48,743 [Rush Lindell] but he's serious about it. 212 00:08:48,893 --> 00:08:49,243 [Reagan] Fine, 213 00:08:49,493 --> 00:08:51,143 [Reagan] camp one; who's writing with him? 214 00:08:51,393 --> 00:08:52,743 [Rush Lindell] Mike Lee and Ron DeSantis. 215 00:08:53,293 --> 00:08:56,343 [Rush Lindell] Lee posted minutes after the ruling that Congress needs an amendment. 216 00:08:56,793 --> 00:09:02,393 [Rush Lindell] DeSantis called it a major defeat on Fox and said only an amendment or a future court flip fixes this. 217 00:09:02,643 --> 00:09:03,293 [Reagan] And Johnson? 218 00:09:03,643 --> 00:09:06,943 [Rush Lindell] Speaker Johnson told reporters birthright citizenship has been abused. 219 00:09:07,001 --> 00:09:07,251 [Rush Lindell] used" 220 00:09:07,501 --> 00:09:08,951 [Rush Lindell] Time reported that the same day, 221 00:09:09,301 --> 00:09:10,551 [Rush Lindell] which tells you where his head's at. 222 00:09:10,701 --> 00:09:14,001 [Reagan] So that's the Amendment Caucus; now hit me with Camp Three. 223 00:09:14,401 --> 00:09:16,351 [Rush Lindell] This one doesn't touch the other two at all. 224 00:09:16,551 --> 00:09:16,951 [Reagan] Go on. 225 00:09:17,301 --> 00:09:18,951 [Rush Lindell] Tom Cotton's got his own bill, 226 00:09:19,101 --> 00:09:21,851 [Rush Lindell] the Constitutional Citizenship Clarification Act. 227 00:09:22,301 --> 00:09:27,601 [Rush Lindell] Fox News reported John Cornyn and Rick Scott are each pushing separate proposals targeting birth tourism. 228 00:09:27,951 --> 00:09:28,951 [Reagan] Three senators, 229 00:09:29,251 --> 00:09:30,001 [Reagan] three bills, 230 00:09:30,251 --> 00:09:31,051 [Reagan] same problem. 231 00:09:31,401 --> 00:09:32,701 [Rush Lindell] No Amendment in sight, 232 00:09:33,001 --> 00:09:33,701 [Rush Lindell] just statute, 233 00:09:33,901 --> 00:09:34,251 [Rush Lindell] statute, 234 00:09:34,501 --> 00:09:34,601 [Rush Lindell] statute. 235 00:09:34,969 --> 00:09:36,169 [Reagan] So let's tally it, 236 00:09:36,269 --> 00:09:36,469 [Reagan] Reagan: 237 00:09:36,769 --> 00:09:44,419 [Reagan] Trump wants one clean law today—no amendment; Miller and Vance want to keep swinging in court and on camera; Paul, 238 00:09:44,569 --> 00:09:47,769 [Reagan] Lee and DeSantis want to rewrite the Constitution itself. 239 00:09:48,169 --> 00:09:48,769 [Rush Lindell] And Cotton, 240 00:09:48,969 --> 00:09:52,269 [Rush Lindell] Cornyn and Scott are off writing bills nobody asked them to write. 241 00:09:52,519 --> 00:09:53,319 [Reagan] Four camps, 242 00:09:53,619 --> 00:09:54,319 [Reagan] one party. 243 00:09:54,469 --> 00:09:57,519 [Rush Lindell] And every camp thinks the other three are wasting the moment. 244 00:09:57,869 --> 00:10:01,819 [Reagan] This isn't a party with a strategy; this is a party with a suggestion box. 245 00:10:01,529 --> 00:10:01,829 [Reagan] box. 246 00:10:02,129 --> 00:10:03,529 [Rush Lindell] That's not far off, honestly. 247 00:10:03,829 --> 00:10:06,479 [Reagan] The ruling didn't just cost Republicans a case, 248 00:10:06,529 --> 00:10:09,779 [Reagan] it showed they never agreed on the fix to begin with. 249 00:10:14,969 --> 00:10:17,569 [Reagan] Building on that mess-picture the room, 250 00:10:17,919 --> 00:10:18,519 [Reagan] windowless, 251 00:10:18,819 --> 00:10:19,519 [Reagan] Capitol Hill, 252 00:10:19,919 --> 00:10:22,019 [Reagan] every senator pitching a fix at once! 253 00:10:22,519 --> 00:10:23,269 [Rush Lindell] Oh no! 254 00:10:24,069 --> 00:10:28,969 [Reagan] Rand Paul's in the corner yelling 'Amendment!' Cotton slamming a statute on the table, 255 00:10:29,319 --> 00:10:32,019 [Reagan] DeSantis is on speakerphone and nobody's picked up. 256 00:10:32,419 --> 00:10:32,969 [Rush Lindell] Meanwhile, 257 00:10:33,269 --> 00:10:38,919 [Rush Lindell] Trump's bumper sticker says "No Amendment Necessary" and Paul's literally got "Amend the Constitution" 258 00:10:39,069 --> 00:10:39,769 [Rush Lindell] on his truck. 259 00:10:40,153 --> 00:10:41,453 [Reagan] Two bumper stickers, 260 00:10:41,703 --> 00:10:42,453 [Reagan] one party, 261 00:10:42,803 --> 00:10:43,753 [Reagan] zero coordination. 262 00:10:44,553 --> 00:10:46,453 [Rush Lindell] It's a band that can't agree on the key, 263 00:10:46,653 --> 00:10:47,603 [Rush Lindell] let alone the song. 264 00:10:48,103 --> 00:10:53,003 [Reagan] Somebody's playing statute blues-somebody's doing amendment jazz. 265 00:10:53,803 --> 00:10:57,203 [Rush Lindell] And our knife wound guy is just screaming over both of them. 266 00:10:58,353 --> 00:10:59,953 [Reagan] Stop; I can't. 267 00:11:00,353 --> 00:11:01,003 [Rush Lindell] Funny bit, 268 00:11:01,203 --> 00:11:02,203 [Rush Lindell] doesn't fix anything, 269 00:11:02,353 --> 00:11:02,453 [Rush Lindell] though. 270 00:11:03,003 --> 00:11:03,453 [Reagan] No, 271 00:11:03,703 --> 00:11:04,803 [Reagan] but here's what gets me. 272 00:11:05,153 --> 00:11:08,953 [Reagan] Nobody in that room has said out loud which plan actually wins. 273 00:11:09,507 --> 00:11:10,707 [Rush Lindell] Because they can't. 274 00:11:10,707 --> 00:11:10,907 [Reagan] Hmm. 275 00:11:10,907 --> 00:11:16,957 [Rush Lindell] Trump wants a law by Friday; Paul's out here building a whole Constitutional coalition state by state. 276 00:11:17,457 --> 00:11:18,757 [Reagan] One guy's sprinting, 277 00:11:18,907 --> 00:11:20,507 [Reagan] the other guy's running a marathon, 278 00:11:20,857 --> 00:11:22,607 [Reagan] and they're both wearing the same jersey. 279 00:11:23,207 --> 00:11:28,357 [Rush Lindell] And that's the generous read; the ungenerous read is nobody's actually counted the votes- 280 00:11:28,607 --> 00:11:29,157 [Reagan] Votes! 281 00:11:29,357 --> 00:11:32,507 [Reagan] Right; that's the part that should scare everybody in that room. 282 00:11:33,057 --> 00:11:35,707 [Rush Lindell] Because the real math behind any of these bumper stickers? 283 00:11:35,705 --> 00:11:36,505 [Rush Lindell] It's brutal. 284 00:11:36,905 --> 00:11:37,505 [Reagan] Yeah, 285 00:11:37,605 --> 00:11:38,555 [Reagan] let's go there. 286 00:11:44,395 --> 00:11:45,845 [Rush Lindell] Since we're doing math, 287 00:11:45,995 --> 00:11:47,495 [Rush Lindell] let's do the real math. 288 00:11:47,945 --> 00:11:48,795 [Rush Lindell] Article 5, 289 00:11:49,095 --> 00:11:50,545 [Rush Lindell] two-thirds of both chambers, 290 00:11:50,845 --> 00:11:52,295 [Rush Lindell] then 38 states. 291 00:11:52,495 --> 00:11:54,545 [Rush Lindell] Three-fourths have to ratify. 292 00:11:55,045 --> 00:11:55,845 [Speaker 3] That's it? 293 00:11:55,995 --> 00:11:56,445 [Speaker 3] Easy. 294 00:11:56,945 --> 00:11:59,295 [Rush Lindell] The last time that happened was 1992. 295 00:11:59,995 --> 00:12:01,195 [Rush Lindell] Twenty-seventh Amendment. 296 00:12:01,545 --> 00:12:02,695 [Rush Lindell] Congressional pay raises. 297 00:12:03,195 --> 00:12:06,345 [Speaker 3] That's not exactly the Birthright Citizenship fight. 298 00:12:06,545 --> 00:12:10,645 [Rush Lindell] No, and Congress hasn't cleared that bar for anything this size? 299 00:12:10,393 --> 00:12:11,243 [Rush Lindell] Since 300 00:12:11,793 --> 00:12:12,343 [Speaker 3] Fine, 301 00:12:12,743 --> 00:12:16,193 [Speaker 3] forget the Amendment-what about Cotton and Cornyn and statute? 302 00:12:16,793 --> 00:12:17,543 [Rush Lindell] Same Wall. 303 00:12:17,893 --> 00:12:23,643 [Rush Lindell] A new statute still lands in front of the same five-justice block that just struck the order down. 304 00:12:23,943 --> 00:12:28,993 [Speaker 3] So Kavanaugh's invitation to legislate was basically a locked door with a welcome mat. 305 00:12:29,393 --> 00:12:33,643 [Rush Lindell] The ACLU's Cody Wofsy said this week he doesn't expect a 306 00:12:39,169 --> 00:12:40,419 [Reagan] Building on that math, 307 00:12:40,719 --> 00:12:41,569 [Reagan] let's zoom out: 308 00:12:41,969 --> 00:12:45,919 [Reagan] this is Trump's third gut punch from this court in one term. 309 00:12:46,469 --> 00:12:46,869 [Rush Lindell] Right. 310 00:12:47,269 --> 00:12:50,169 [Rush Lindell] As SCOTUSblog's own Term Wrap called it out, 311 00:12:50,619 --> 00:12:51,769 [Rush Lindell] tariffs struck down, 312 00:12:51,969 --> 00:12:53,569 [Rush Lindell] the Lisa Cook firing blocked, 313 00:12:53,769 --> 00:12:55,219 [Rush Lindell] and now birthright citizenship. 314 00:12:55,869 --> 00:12:56,719 [Reagan] Three swings, 315 00:12:57,019 --> 00:13:00,719 [Reagan] three misses-the nickname machine's getting a workout this year. 316 00:13:01,169 --> 00:13:03,969 [Rush Lindell] But none of those losses actually settled anything. 317 00:13:04,569 --> 00:13:07,919 [Rush Lindell] This one just kicked the ball into a Congress that can't agree on the yard. 318 00:13:07,673 --> 00:13:08,373 [Rush Lindell] On the yard line. 319 00:13:08,873 --> 00:13:10,623 [Speaker 3] Rand Paul's got his amendment, 320 00:13:10,973 --> 00:13:12,173 [Speaker 3] Cotton's got his bill, 321 00:13:12,623 --> 00:13:14,073 [Speaker 3] Nobody's got sixty votes. 322 00:13:14,623 --> 00:13:17,773 [Rush Lindell] And now it's a mid term issue instead of a courtroom issue. 323 00:13:18,323 --> 00:13:19,773 [Speaker 3] So here's my verdict: 324 00:13:20,123 --> 00:13:21,973 [Speaker 3] the court didn't end this fight, 325 00:13:22,223 --> 00:13:23,673 [Speaker 3] it just moved the ring. 326 00:13:24,173 --> 00:13:24,723 [Rush Lindell] That's fair. 327 00:13:25,123 --> 00:13:26,373 [Rush Lindell] The Constitution held, 328 00:13:26,523 --> 00:13:27,673 [Rush Lindell] the politics didn't. 329 00:13:28,773 --> 00:13:30,073 [Speaker 3] Politics never does. 330 00:13:30,573 --> 00:13:32,873 [Rush Lindell] We'll see who actually shows up to vote on it. 331 00:13:38,201 --> 00:13:39,651 [Reagan] So that's the hour! 332 00:13:39,951 --> 00:13:42,001 [Reagan] SCOTUS slaps down the Birthright order, 333 00:13:42,201 --> 00:13:48,551 [Reagan] Kavanaugh hands Congress a permission slip and the GOP immediately starts fighting itself over how to use it. 334 00:13:48,851 --> 00:13:50,351 [Rush Lindell] Rand Paul wants an Amendment. 335 00:13:50,701 --> 00:13:51,951 [Rush Lindell] Cotton wants a statute. 336 00:13:52,301 --> 00:13:53,751 [Rush Lindell] Nobody's got the votes for either. 337 00:13:54,501 --> 00:13:55,501 [Reagan] Meanwhile, 338 00:13:55,651 --> 00:13:58,501 [Reagan] Stephen Miller's out there talking knife wounds again. 339 00:13:58,901 --> 00:14:00,101 [Rush Lindell] The real story isn't 340 00:14:00,202 --> 00:14:00,802 [Rush Lindell] But the ruling, 341 00:14:01,002 --> 00:14:04,452 [Rush Lindell] it's that the fight just moved to a Congress that can't agree on lunch. 342 00:14:04,802 --> 00:14:06,802 [Reagan] The Court didn't end this fight, 343 00:14:06,902 --> 00:14:07,202 [Reagan] folks. 344 00:14:07,352 --> 00:14:09,202 [Reagan] It just handed it somewhere messier. 345 00:14:09,552 --> 00:14:12,002 [Rush Lindell] And that's worth watching heading into the midterms. 346 00:14:12,302 --> 00:14:13,552 [Reagan] If you liked this hour, 347 00:14:13,702 --> 00:14:14,052 [Reagan] subscribe, 348 00:14:14,452 --> 00:14:17,152 [Reagan] leave us five stars, tell a friend who needs to hear it. 349 00:14:17,402 --> 00:14:19,152 [Rush Lindell] New episodes every weekday. 350 00:14:19,352 --> 00:14:20,152 [Reagan] Yeah, I'm Rush. 351 00:14:20,452 --> 00:14:21,002 [Rush Lindell] I'm Reagan. 352 00:14:21,402 --> 00:14:22,302 [Reagan] We'll see you tomorrow.