| 00:00:33 |
Unidentified Speaker, -
YOU MAY BE SEATED. GOOD AFTERNOON, AND THANK YOU AGAIN FOR YOUR PATIENCE. I AM TODD BREWSTER, THE DIRECTOR FOR THE PETER JENNINGS
|
| 00:01:31 |
Unidentified Speaker, -
PROJECT. I WOULD LIKE TO WELCOME YOU. SINCE 2007, THE MOOD COURT HAS BEEN HONORED BY THE PARTICIPATION OF SOME OF THE MOST IMPORTANT PEOPLE IN WHAT....
|
| 00:07:54 |
Unidentified Speaker, -
GENERAL POPULATION. FOR HEALTHY ADULTS, THE MORTALITY RATE IS APPROXIMATELY 10%. IT IS FAR DEADLIER IN CHILDREN AND PREGNANT WOMEN. A CHILD INFECTED...
|
| 00:16:04 |
Unidentified Speaker, -
COURT, THERE IS NO MORE BASIC ROLE OF GOVERNMENT UNDER THE CONSTITUTION THAN TO SAFEGUARD THE LIVES OF MEMBERS OF OUR NATIONAL -- >> WILL YOU BE RESERVING...
|
| 00:16:21 |
Unidentified Speaker, -
ALIENS ARE RUSHING TO THE BORDERS TO OBTAIN A SCARCE EXIT AGAINST SIMIAN FLU. GOVERNMENT HAS A COMPELLING INTEREST IN PRIORITIZING THE DISTRIBUTION
|
| 00:16:36 |
Unidentified Speaker, -
OF VACCINE FOR CITIZENS. >>
|
| 00:16:38 |
Unidentified Speaker, -
SO YOU LOOKED TO THE STATUTE, THEN, DON'T YOU? THAT IS THE BASIS FOR YOUR ARGUMENT? >> IT IS. WHETHER WE FIND A PRIORITIZING OF CITIZENS AGAINST NON-...
|
| 00:16:59 |
Unidentified Speaker, -
AUTHORIZE THE STATE TO BALANCE COMPETING CONSIDERATIONS OF PUBLIC HEALTH AND ALSO TO
|
| 00:17:04 |
Unidentified Speaker, -
RESPOND TO THE IMMIGRATION MAGNET CONCERNS THAT WERE SO MUCH DEBATED IN CONGRESS. >> THAT IS NOT REALLY STATED IN THE STATUTE. THE STATUTE SAID THAT...
|
| 00:17:30 |
Unidentified Speaker, -
SHOULDN'T CONGRESS, IF THEY INTENDED IMMIGRATION TO BE SOMETHING CONCERNED WITH, HIGHLY UNUSUAL, SHOULDN'T THEY HAVE HAD TO MAKE THAT SPECIFIC? >> IT...
|
| 00:18:02 |
Unidentified Speaker, -
DURATIONAL REQUIREMENTS RELATE TO PUBLIC HEALTH? >> CITIZENSHIP REQUIREMENTS RELATE TO PUBLIC HEALTH IN THE SENSE THAT THERE IS A SCARCE SUPPLY OF THE
|
| 00:18:18 |
Unidentified Speaker, -
VACCINE, AND THERE HAS BEEN A HIGH INCIDENCE IN MEXICO AND OTHER COUNTRIES, AND WHAT WE ARE CONCERNED FOR IS THAT THE VACCINE BE DEPLOYED IN AN
|
| 00:18:30 |
Unidentified Speaker, -
EFFECTIVE WAY. >> FOCUS ON THE POPULATION. THAT IS THE MAJOR FOCUS, IT IS THE POPULATION. THE SECOND FOCUSES ON PRIORITY GROUPS. THERE IS NO DESIGNATION...
|
| 00:18:54 |
Unidentified Speaker, -
TO DRAFT EXCLUDING FACTORS. CONGRESS HAS SET FORTH PRIORITY, SO HOW DO YOU GET THERE? >> IS CLEAR IN THIS DURING COMMUNITY REPORT THE MOST AUTHORITATIVE...
|
| 00:19:27 |
Unidentified Speaker, -
LANGUAGE, SECOND TO THE ACTUAL LANGUAGE OF THE STATUTE SAYING IT IS THE HIGHEST PRIORITY, SO ON WHAT BASIS AS THE STATE LOOKED
|
| 00:19:46 |
Unidentified Speaker, -
AT -- [INAUDIBLE] >> THE FEDERAL STATUTE EXPRESSLY GRANTS THE FEDERAL AUTHORITY TO ADD ADDITIONAL CRITERIA. >> IF I MAY, COUNSEL, WHY IS THIS -- THIS...
|
| 00:20:12 |
Unidentified Speaker, -
DENIED AN UNBORN CHILD SHE IS BEARING, AND THAT CHILD IS GOING TO BE
|
| 00:20:20 |
Unidentified Speaker, -
AN AMERICAN CITIZEN. SHE IS AN AMERICAN CITIZEN AND HAS IT RIGHT TO BE HERE UNDER ASYLUM. SO HOW IS THIS STATUTE PROPERLY APPLIED? DO WE FIND OUT WHETHER...
|
| 00:21:27 |
Unidentified Speaker, -
COMING IN, ALSO MEANT TO DEPRIVE THOSE WHO ARE CITIZENS TO
|
| 00:21:43 |
Unidentified Speaker, -
BE. >> THERE IS NOT A PRECEDENT REQUIRING THAT, HOWEVER, WE WILL -- THE ARIZONA LAW, CONSISTENT WITH EXISTING LAW, THE UNBORN
|
| 00:22:09 |
Unidentified Speaker, -
CHILD -- >> UNDER THE SPECIFIC PROVISIONS GET PRIORITY. YOU TALK ABOUT THE SECOND PART OF THE STATUTE, BUT THE FIRST PRIORITY, HOW DO YOU EVEN GET HERE,...
|
| 00:22:39 |
Unidentified Speaker, -
SHE WAS PREGNANT, BUT AS ARIZONA READS THE STATUTE, SHE WAS NOT IN THE PRIORITY, BECAUSE THOSE ARE LIMITED TO CITIZENS, AND IT IS OUR UNDERSTANDING --...
|
| 00:23:03 |
Unidentified Speaker, -
THE LEGISLATING BACKGROUND, DEBATES IN CONGRESS, THE SITUATION WE KNOW IS ON THE BACK -- THAT IS TRUE, ALTHOUGH THE
|
| 00:23:13 |
Unidentified Speaker, -
AUTHORITY WITH THE COMMITTEE REPORT DOES DIRECTLY -- >> ADDRESS THE QUESTION JUDGE SLOVITER ASKED YOU, WHICH IS WHERE AND THE WINDS OF PRIORITY A PREGNANT...
|
| 00:23:41 |
Unidentified Speaker, -
WAY, IT PERMITS THE STATE TO -- >> THE STATE MAY PERMIT WITHIN THE LEVEL OF PREGNANT WOMEN FIRST TO BENEFIT, DOES IT ALLOW CITIZENS TO BE PUT THERE....
|
| 00:24:19 |
Unidentified Speaker, -
PERHAPS I CAN QUALIFY. IF ARIZONA READS THE STATUE PUTTING NON-CITIZENS AT THE BOTTOM OF EACH OF THE FOUR TIERS AND WE READ THE STATUTES SUCH AS PREGNANT...
|
| 00:25:01 |
Unidentified Speaker, -
THAT IS INCONSISTENT CRITERIA IF YOU SAY PREGNANT WOMEN ARE FIRST, BUT HALF OF THEM DO NOT COME FIRST. ' >>
|
| 00:25:20 |
Unidentified Speaker, -
THE DOCUMENT GIVES CONGRESS BROAD AUTHORITY -- >> ARE YOU DISTINGUISHING BETWEEN A PREGNANT WOMAN TWO MONTHS PREGNANT AND NINE MONTHS PREGNANT? >> WE...
|
| 00:25:44 |
Unidentified Speaker, -
|
| 00:25:47 |
Unidentified Speaker, -
ALL WE'RE ASKING IS THAT HERE IN THE FIDELITY STATE OF AN EARLY PREGNANCY, THERE
|
| 00:25:54 |
Unidentified Speaker, -
IS NO AUTHORITY FOR TAKING INTO ACCOUNT POTENTIAL CITIZENSHIP
|
| 00:25:58 |
Unidentified Speaker, -
OF THE
|
| 00:26:00 |
Unidentified Speaker, -
PREGNANCY AND HOW WE APPLY
|
| 00:26:02 |
Unidentified Speaker, -
THIS BUDGET. I ADMIT, NINE MONTHS WOULD PRESENT A MUCH HARDER
|
| 00:26:09 |
Unidentified Speaker, -
CASE. >> IN THE ARIZONA STATUTE, A UNITARY STATUTE, IF IT IS UNCONSTITUTIONAL IN SOME PART, IS THERE ANYTHING GIVEN TO ME WHICH SAYS THE OTHER PARTS...
|
| 00:26:32 |
Unidentified Speaker, -
FOR EXAMPLE, IT IS A ONE-YEAR ABSOLUTE EXCLUSION, IF THAT IS UNCONSTITUTIONAL AND THE STATUTE IS A UNITARY STATUTE, THEN THE WHOLE THING FALLS. I WOULD...
|
| 00:27:15 |
Unidentified Speaker, -
MOVING OUT, PRESUMABLY EVEN WITHIN PRIORITY STRUCTURE. THIS IS
|
| 00:27:27 |
Unidentified Speaker, -
A SCHEME AIRS ON IS ACTUALLY APPLYING BEFORE THE STATUTE. FEDERAL LEGISLATION SAYS NOTHING ABOUT ANY PURPOSE OF FURTHERING PUBLIC HEALTH -- >> THAT IS...
|
| 00:27:58 |
Unidentified Speaker, -
VACCINE AND COVER -- AS CONGRESS HAS DIRECTED US TO FOR THE PRIORITY -- >> AS ILLUSTRATED, INTERPRETATION OF THE STATUTE IS A CLOSE CALL. CONSTITUTIONAL...
|
| 00:28:25 |
Unidentified Speaker, -
WILL APPROACH TO CONSTITUTIONAL QUESTION, AS WE USUALLY DO. >> IS THE INVERT -- IT IS THE INVERSE OF THAT. WE'RE IN A NATIONAL EMERGENCY, AND THIS...
|
| 00:28:53 |
Unidentified Speaker, -
IMMIGRANTS OR NON- CITIZENS SHOULD HAVE LOWER PRIORITY. UNTIL CONGRESS SPEAKS CLEARLY ON THAT, WHY SHOULD WE ASSUME THAT IS WHAT THEY INTENDED? >>
|
| 00:29:05 |
Unidentified Speaker, -
ISN'T THAT MORE DANGEROUS, TO PUT A SEAL OF APPROVAL ON AND ACKNOWLEDGE IT AS A SLOPPY STATUTE? >> NO. THE STATUTE IS A STATUTE THAT IS GIVING THE KIND...
|
| 00:29:26 |
Unidentified Speaker, -
INCONSISTENT WITH THE PACKAGE. >>
|
| 00:29:33 |
Unidentified Speaker, -
IT IS DISTINGUISHABLE FROM GRANBY-RICHARDSON.
|
| 00:29:41 |
Unidentified Speaker, -
WE'RE TALKING ABOUT THE LIVES OF CITIZENS, AND CONGRESS, SUPPORT
|
| 00:29:48 |
Unidentified Speaker, -
FROM EXPERTISE ON MATTERS OF PUBLIC HEALTH AND IMMIGRATION HAS DETERMINED THAT WE DO NOT WANT TO HAVE PEOPLE COMING OVER
|
| 00:29:57 |
Unidentified Speaker, -
THE BORDER AND TAKING UP THE VACCINE. MANY PEOPLE COMING OVER THE BORDER MAY ALREADY BE INFECTED. RATIONAL BASIS IS IN A CORPORATE STANDARD CARE. --...
|
| 00:30:42 |
Unidentified Speaker, -
|
| 00:30:46 |
Unidentified Speaker, -
WHAT WE'RE TRYING TO DETERMINE IS THE EXTENT TO WHICH CONGRESS HAD SPOKEN CLEARLY ON THIS ISSUE AND THEREFORE THE EXTENT TO WHICH THE STATE CAN BE ACCORDED...
|
| 00:31:09 |
Unidentified Speaker, -
OF THE STATUTE STRIKES ME ON ONE LEVEL AS EXTRAORDINARY, WHICH IS TO SAY BY INTERPRETING THE TERMS OF ADDITIONAL CRITERIA, IT WOULD SEEM THE STATE OF...
|
| 00:31:50 |
Unidentified Speaker, -
NO, WE ARE GOING TO FLIP THOSE, THAT WOULD BE A CONTRADICTION OF THE STATE -- >>
|
| 00:31:55 |
Unidentified Speaker, -
HAVEN'T THEY SAID THAT IF SOMEBODY IS IN THE BOTTOM CAN
|
| 00:32:02 |
Unidentified Speaker, -
TEGORY -- IS AND THAT'S PUTTING CRITERIA? >> I THINK IT WOULD BE CONSISTENT WITH THE STATUTE TO SAY SOMEONE WHO WAS ALREADY ILL OR PLANNING TO SPEND...
|
| 00:32:15 |
Unidentified Speaker, -
ADDITIONAL CRITERIA CONSISTENT WITH THAT THAT WOULD BE FARMING OUT SPECIAL CASES, AND I JUST WANT TO SAY THAT IT MAKES A LOT OF
|
| 00:32:24 |
Unidentified Speaker, -
SENSE -- I AM SORRY, MY TIME HAS EXPIRED. >> COULD YOU FINISH, PLEASE? >> THANK YOU, MADAM CHIEF JUSTICE. I WAS JUST GOING TO SAY IT MAKES A LOT OF SENSE....
|
| 00:32:50 |
Unidentified Speaker, -
WITH LEGAL RESIDENT STATUS?
|
| 00:32:52 |
Unidentified Speaker, -
PRESUMABLY YES, RIGHT? AND THAT RAISES CONCERNS OF PEOPLE PROTECTION, INVOLVING LEGAL PERMANENT RESIDENTS OF
|
| 00:33:04 |
Unidentified Speaker, -
THE UNITED STATES. YOUR POSITION WOULD OVERTURN RICHARDSON. >> WITH THE AFFECTED DISTINGUISHABLE, BUT TO THE EXTENT YOU THINK IT IS INDISTINGUISHABLE,...
|
| 00:33:29 |
Unidentified Speaker, -
TO THE LANGUAGE IN RICHARDSON, BECAUSE IT SETS FORTH THE CONSTITUTIONAL
|
| 00:33:42 |
Unidentified Speaker, -
STANDARD, THE STATUTE ARIZONA PASSED. TAKING THE ELEMENTS TOGETHER, THE COURT WILL RIGHTLY CONCLUDE THIS MANIFESTLY AND CONSTITUTIONAL STANDARD IS ALMOST...
|
| 00:34:31 |
Unidentified Speaker, -
THE FUNDAMENTAL SOVEREIGN ATTRIBUTES BY POLITICAL DEPARTMENTS AND USE JUDICIAL CONTROL. IF THAT IS REALLY THE SCHEME, THEY PUNTED ON THE ISSUE OF WHAT...
|
| 00:35:15 |
Unidentified Speaker, -
WATCHED -- IT HAS BEEN LAUNCHED. IN SOVEREIGN AUTHORITY HERE, WE CAN DECIDE IF THERE ARE SOME THINGS IN RESPECT TO IMMIGRATION. ARE YOU SAYING THE CONSTITUTION...
|
| 00:36:22 |
Unidentified Speaker, -
DELEGATING -- IT DOES NOT SPEAK ALL WITH RESPECT TO IMMIGRATION -- >> CONGRESS CAN DELEGATE TO IMMIGRATION TO THE STATE. >> I AM SUGGESTING TO YOUR HONOR...
|
| 00:36:51 |
Unidentified Speaker, -
COURT SHOULD HOLD THAT TO THE AND IT
|
| 00:36:58 |
Unidentified Speaker, -
CAN DELEGATE, AND THEREBY CREATE A NETWORK THAT THIS FOUNDING GENERATION
|
| 00:37:04 |
Unidentified Speaker, -
NEVER
|
| 00:37:05 |
Unidentified Speaker, -
CONTEMPLATED, THIS COURT IS ANTI FEDERALIST AND SAYS -- >> IN DEALING WITH THE DISTRICT
|
| 00:37:13 |
Unidentified Speaker, -
OF COLUMBIA, CONGRESS SPECIFICALLY PUT IMMIGRANTS IN. IF WE READ THE STATUTE AS NOT DOING THAT, CONGRESS HAS CRITICAL LACK OF
|
| 00:37:32 |
Unidentified Speaker, -
UNIFORMITY WITH WHAT THEY DID IN THE DISTRICT OF COLUMBIA AND WHAT IS HAPPENING IN THE STATES. THAT IS A PROBLEM, BECAUSE THEY WILL HAVE DONE IT. UNIFORMITY...
|
| 00:38:28 |
Unidentified Speaker, -
MAINLY ALIENAGE IS A SUSPECT -- >> WE CAN ALLOW BENEFITS TO A NARROW STANDARD OF REVIEW, AND IT IS REASONABLE TO MAKE AN ELIGIBILITY DEPEND ON THE CHARACTER...
|
| 00:39:10 |
Unidentified Speaker, -
GRAHAM. >> JUSTICE SLOVITER, IF WE GO BACK TO WHAT CONGRESS HAS DONE IN THESE VARIOUS AREAS, WE SEE THAT IN MATTHEWS, THEY SPOKE WITH CRYSTALLINE CLARITY....
|
| 00:39:38 |
Unidentified Speaker, -
THEY ARE LAWFULLY HERE, AND THESE PARTICULAR INDIVIDUALS ARE REFUGEES. SHE HAS SATISFIED ARIZONA'S REQUIREMENT. HEARST SPECIAL CASE CRIES OUT FOR PARTICIPATION...
|
| 00:40:17 |
Unidentified Speaker, -
DRAWS A LINE THAT SENDS INDIVIDUALS OUTSIDE THE CITY GATES ON GROUNDS
|
| 00:40:24 |
Unidentified Speaker, -
OF ALIENAGE BECAUSE OF A COMPONENT OF THE DUE PROCESS CLAUSE. IT IS AN AMERICAN CONSTITUTIONAL LAW THAT ALIENS IN PARTICULAR ARE A NOTE THE HON. --...
|
| 00:41:10 |
Unidentified Speaker, -
CRITERIA, FOR ANY ADDITIONAL CRITERIA FOR ESTABLISHING THE VACCINES AND DISTRIBUTING THEM, IT IS NECESSARY TO DO WHAT? TO FURTHER THE PUBLIC HEALTH. >>...
|
| 00:41:45 |
Unidentified Speaker, -
IF NOT A CRITERIA LINKED TO A GEOGRAPHICAL DISTINCTION, WHICH ARIZONA HOUSE? >> THAT IS THE CASE. THERE MAY BE CERTAIN NEIGHBORHOODS THAT ARE VULNERABLE,...
|
| 00:42:13 |
Unidentified Speaker, -
PREGNANT WOMEN. >> A SOMEWHAT DIFFERENT SITUATION PRESUPPOSE CONGRESS WAS PREPARED FOR THE STATUTE AND COOKED ALIENS IN THE SITUATION? THEY COULD ONLY...
|
| 00:42:40 |
Unidentified Speaker, -
BE DISTRICT OF COLUMBIA. BUT FOR THE STATE TO TREAT THE BALANCE DIFFERENTLY, WITH THE ABILITY TO LOOK AT PUBLIC HEALTH CONCERNS AND BE OPEN TO IMMIGRATION...
|
| 00:43:30 |
Unidentified Speaker, -
STATE'S, THE STATE TROOPERS PUBLIC -- >> THERE IS NO QUESTION, AS I SUGGESTED MINUTES AGO. THE CONGRESS DOES ENJOY UNDER COURT'S JURISPRUDENCE GREATER...
|
| 00:43:53 |
Unidentified Speaker, -
ABOUT THE LINE THE STATE OF ARIZONA HAS DRAWN, AND GOING BACK, THIS COURT IS WELL ADVISED
|
| 00:44:01 |
Unidentified Speaker, -
TO BE VERY WORRIED WHEN IT IS THE STATE DRAWING A DISCRIMINATORY LINE. >> [INAUDIBLE] >> PRESUMABLY, YES. >> MY ANSWER WAS PRESUMABLY YES, BUT PRESUMABLY...
|
| 00:44:24 |
Unidentified Speaker, -
VIRTUALLY ANYTHING IT WANTS TO DO, IT CAN COME UP AGAINST NATURALIZATION. I KEEP GOING TO NATURALIZATION. [LAUGHTER] >>
|
| 00:44:37 |
Unidentified Speaker, -
THAT RUNS HEADLONG INTO YOUR
|
| 00:44:41 |
Unidentified Speaker, -
RHETORIC WITH RESPECT TO A PROTECTION OF ALIENS. IT IS PROTECTION OF ALIENS, BECAUSE THEY ARE SO DEFENSIVE, BECAUSE THEY DO NOT HAVE THE BOAT, ALL THE...
|
| 00:45:00 |
Unidentified Speaker, -
TO THEM, BUT IT ALL DISAPPEARS LIKE THAT WITH NO CONGRESSIONAL SOVEREIGNTY MOTION. SO WE ARE IN A WAY -- DISCORD HAS BEEN TALKING OUT OF BOTH SIDES OF...
|
| 00:46:06 |
Unidentified Speaker, -
PUNTING ON THE ISSUE OF HOW THINGS ARE HANDLED, AND WHY IS THAT ACTUALLY NOT A WISE THING TO DO IN THIS NATIONAL EMERGENCY WHEN WE KNOW BORDER STATES...
|
| 00:46:25 |
Unidentified Speaker, -
BEST POSITION TO KNOW HOW THESE BORDERS OUGHT TO UNFOLD AND HOW THE TREATMENT OUGHT TO UNFOLD IN ACCORDING TO THE QUESTION OF WHETHER OR NOT THERE'S...
|
| 00:47:05 |
Unidentified Speaker, -
WHAT ABOUT THIS COMMITTEE REPORT, WHICH IS ALL WE HAVE OTHER THAN TO CONGRESSMEN REPRESENTING OPPOSING VIEWS? WHAT ABOUT THE COMMITTEE REPORT? DOES THAT...
|
| 00:47:19 |
Unidentified Speaker, -
REPORT SUGGESTS -- I AM GOING TO QUOTE FROM IT. EXPECTATIONS ARE TO REMAIN ALERT TOT HE INTERPLAY OF PUBLIC HEALTH AND
|
| 00:47:37 |
Unidentified Speaker, -
MAGNET RISKS. BE ON ALERT. PAINT IT ORANGE. GIVE IT COLOR. THIS IS NOT SAYING ENGAGE IN A REGIME OF DISCRIMINATION. >> CAN WE TAKE IN THE ACTUAL STATUTE...
|
| 00:48:14 |
Unidentified Speaker, -
TO NON-CITIZENS? ISN'T THAT SOMETHING WE SHOULD TAKE JUDICIAL COGNIZANCE OF? >> ABSOLUTELY. HOWEVER, THE CONSTITUTIONALITY OF A NUMBER OF STATUTES HAS...
|
| 00:48:40 |
Unidentified Speaker, -
JURISPRUDENCE IS ALIENS ARE VULNERABLE. IF CONGRESS WANTS TO -- >> ANY WAY IN WHICH WE CAN INTERPRET THE WORDS PUBLIC AND PERSONS TO EXCLUDE ON LAWFULLY...
|
| 00:49:06 |
Unidentified Speaker, -
THE PLAINTIFF IS HERE GRANTED ASYLUM. IF YOU SEND HER HOME, SHE FACES PERSECUTION UNDER THE 1980 REFUGEE ACT. WE HAVE THREE OBLIGATIONS TO PROTECT HER....
|
| 00:49:21 |
Unidentified Speaker, -
THIS COUNTRY LAWFULLY AND HAS BEEN IN ARIZONA TWO YEARS, AND GET UNDER THOSE CIRCUMSTANCES SHE HAS BEEN DENIED THIS -- >> IT PRECARIOUSNESS WITH WHICH...
|
| 00:49:53 |
Unidentified Speaker, -
LOOKING AT THE COMMITTEE REPORT TO WHICH HE HAS BEEN DIRECTED, I SEE THE WORDS IMMIGRATION IN SINGLE QUOTATION MARKS. DOES THAT MEAN SOMETHING ELSE?...
|
| 00:50:15 |
Unidentified Speaker, -
OPPORTUNITY FOR HEALTH CARE, NO QUESTION, YOUR HONOR. >> BUT WE KNOW EXACTLY WHAT IT SAYS IN THAT REPORT. >> CERTAINLY IN THE STEERING COMMITTEE REPORT...
|
| 00:50:26 |
Unidentified Speaker, -
BUT IT IS NOT
|
| 00:50:29 |
Unidentified Speaker, -
LAW, TO STATE THE OBVIOUS. SECOND, WHAT IS THE MANDATE? IT IS TO REMAIN ALERT TO THE INTERPLAY.
|
| 00:50:35 |
Unidentified Speaker, -
THAT IS A HIGH LEVEL OF
|
| 00:50:38 |
Unidentified Speaker, -
GENERALITY. >> THAT IS WHAT ARIZONA HAS DONE. >>
|
| 00:50:42 |
Unidentified Speaker, -
ARIZONA HAS GONE WITH AN ABSOLUTE VENGEANCE TO CROSS THE LINE. BUT THEY HAVE DONE SO IN A WAY THAT OFFENDS THE CONSTITUTION. THERE IS NOTHING HERE THAT...
|
| 00:51:01 |
Unidentified Speaker, -
OR ANY STATE, VIOLATE CONSTITUTIONAL NORMS ARTICULATED
|
| 00:51:04 |
Unidentified Speaker, -
BY THIS COURT TIME AND AGAIN. >> CAN YOU EXCLUDE ALIENS FROM THE INSURANCE REFORM BILL THAT IS CURRENTLY CONSIDERING? COULD IT SAY THAT ALIENS COULD...
|
| 00:51:30 |
Unidentified Speaker, -
CONGRESS MAKES, CONGRESS ALSO -- CONGRESS WELL KNOWS THAT IT IS PERILOUSLY CLOSE TO THE GROUND OF ON CONSTITUTIONALITY IN LIGHT OF THE VULNERABILITY...
|
| 00:51:45 |
Unidentified Speaker, -
SUSPECT CLASSIFICATION THEY ARE EMBRACING. THEREFORE, IT PUTS THE ONUS ON CONGRESS TO HAVE A VERY -- A VERY COMPELLING INTEREST IN TESTIFYING AT THOSE...
|
| 00:52:24 |
Unidentified Speaker, -
LIGHT, NATURAL TO SPEAK WITH CLARITY. THE CLEAR
|
| 00:52:28 |
Unidentified Speaker, -
AND UNAMBIGUOUS RULE SHOULD APPLY HERE, THAT ARIZONA COULD NOT
|
| 00:52:32 |
Unidentified Speaker, -
DISCRIMINATE AGAINST A TOURIST THAT WAS IN THE COUNTRY LEGALLY TO
|
| 00:52:36 |
Unidentified Speaker, -
VISIT DISNEYLAND, WHO WANTED TO CUT IN FRONT OF THE UNITED
|
| 00:52:40 |
Unidentified Speaker, -
STATES CITIZEN IN ORDER TO GET THE VACCINE BECAUSE THEY FIT WITHIN A PREFERRED CATEGORY ASIDE FROM CITIZENSHIP. A TOURIST COULD COME IN AND NOT BE DISCRIMINATED...
|
| 00:53:13 |
Unidentified Speaker, -
JUDGMENT AS TO WHO DOES
|
| 00:53:15 |
Unidentified Speaker, -
IN FACT DESERVE PROTECTION, AND THERE
|
| 00:53:18 |
Unidentified Speaker, -
IS A NUMBER OF CATEGORIES. THERE IS A LOT OF ROOM FOR THE STATE TO ROME, EXCEPT TO DISCRIMINATE AGAINST THE VACCINE. AS A MATTER OF DISCRIMINATION, NOT...
|
| 00:53:58 |
Unidentified Speaker, -
IT. IS THAT SOMETHING WE HAVE RIGHT TO DO, OR DOES CONGRESS HAVE A RIGHT TO SAY WHAT POLITICIANS? WE ARE ELECTED TO DUCK ISSUES AND PASS THEM ON TO THE...
|
| 00:54:40 |
Unidentified Speaker, -
CONGRESS NEED NOT SPEAK WITH CRYSTALLINE CLARITY AS MR. STARR WOULD REQUIRE. >> HOW ABOUT PLAIN OLD CLARITY? [LAUGHTER] >> EVEN CLARITY IS NOT REQUIRED...
|
| 00:55:05 |
Unidentified Speaker, -
THE LOWEST STANDARDS OF JUDICIAL REVIEW. >> WE'RE DELEGATING TRADITIONAL RESPONSIBILITY AND AUTHORITY TO OVERSEE IMMIGRATION LAW?
|
| 00:55:16 |
Unidentified Speaker, -
IN OTHER WORDS, TELLING A STATE TO DO WHAT
|
| 00:55:19 |
Unidentified Speaker, -
IS NORMALLY ITS FUNCTION? YOU DON'T THINK IT SHOULD SPEAK WITH CRYSTALLINE CLARITY OR JUST PLAIN CLARITY? >> IN THIS CASE, THERE IS GOOD
|
| 00:55:32 |
Unidentified Speaker, -
REASON FOR THE DELEGATION TO THE STATE. >> WHEN THEY GO TO THE EDGE, THEY MAY NOT DELEGATE UNLESS THEY SPEAK CLEARLY.
|
| 00:55:51 |
Unidentified Speaker, -
AT EVERY LEVEL, WHEN CONGRESS TRIES TO DO SOMETHING CVLOSE TO THE LINE, IT MUST MAKE CLEAR IT REALLY, REALLY
|
| 00:56:04 |
Unidentified Speaker, -
MEANS IT. . >> THERE IS GOOD REASON FOR DELEGATION TO THE STATES. BUT NEBRASKA OR WYOMING MIGHT DOOM WITH RESPECT TO ALIENS MIGHT BE DIFFERENT FROM...
|
| 00:57:01 |
Unidentified Speaker, -
IT BECAUSE OF THE PRECISE REASONS THAT MY COLLEAGUE POINTED OUT, TO AVOID THE ISSUE. NOT BECAUSE THEY WANTED THE STATES TO BE DESERVING OF THE DEBT,
|
| 00:57:13 |
Unidentified Speaker, -
BUT CONGRESS DID NOT WANT TO DECIDE. >> WITH RESPECT TO PART OF THE REASON FOR POLITICAL GRIDLOCK IS PRECISELY THAT THE CIRCUMSTANCES VARY GEOGRAPHICALLY....
|
| 00:57:38 |
Unidentified Speaker, -
THERE WAS AN AFFIRMATIVE JUDGMENT NOT TO MAKE A JUDGMENT. >> THAT IS PRECISELY THE AFFIRMATIVE JUDGMENT. THEY WOULD GIVE IT TO THE STATES AND THEY WOULD...
|
| 00:57:55 |
Unidentified Speaker, -
RECENT PRONOUNCEMENT IN MATTHEWS, CONGRESS REGULARLY MAKES RULES THAT WOULD BE UNACCEPTABLE ONE APPLY TO CITIZENS. --
|
| 00:58:04 |
Unidentified Speaker, -
WHEN APPLIED TO CITIZENS. NOT EVERYBODY CAN GET IT. >> IS IT YOUR POSITION THAT THE STATUTE IS AMBIGUOUS? >> THE STATUTE IS CLEAR IN DELEGATING THE AUTHORITY....
|
| 00:58:37 |
Unidentified Speaker, -
AN AMBIGUITY, I WOULD WANT YOU TO THE JOINT COMMITTEE REPORT
|
| 00:58:41 |
Unidentified Speaker, -
TO CLARIFY. BUT I WAS APPOINTED
|
| 00:58:46 |
Unidentified Speaker, -
TO THE JOINT COMMITTEE PURPORT TO CLARIFY. >> THAT CONCLUDES OUR ARGUMENT.
|
| 00:58:51 |
Unidentified Speaker, -
NEVER HAVE I BEEN MORE SYMPATHETIC WITH CHIEF JUSTICE ROBERTS THEN I WAS TODAY. TO HAVE A FANTASTIC COLLEAGUES, THAT WAS QUITE AN EXERCISE. >> WE KNOW...
|
| 00:59:10 |
Unidentified Speaker, -
SAY ANYTHING. [LAUGHTER] WE HAVE - 1 FOR THIS PURPOSE. >> I WOULD LIKE TO ASK A QUESTION. >> WHAT A GREAT
|
| 00:59:28 |
Unidentified Speaker, -
IDEA. THANK YOU COUNSEL. YOU WERE JUST WONDERFUL. [APPLAUSE] IT WOULD BE REALLY INTERESTING TO TAKE A VOTE OF
|
| 00:59:43 |
Unidentified Speaker, -
THE AUDIENCE AND ASK YOU HOW YOU THINK WE WOULD DECIDE THIS CASE.
|
| 00:59:48 |
Unidentified Speaker, -
I THINK WE WILL GO ONE BY ONE AND LISTEN TO OUR COLLEAGUES. WE WILL START WITH JUST AS CALABRESI WHO IS SEATED ALL THE WAY TO THE RIGHT IN ONLY 1 CENTS....
|
| 01:00:31 |
Unidentified Speaker, -
DOUBT. ONE IS WHETHER CONGRESS HAS THE POWER TO DELEGATE WITH RESPECT TO IMMIGRATION AT ALL. THAT IS A VERY DIFFICULT CONSTITUTIONAL QUESTION. ESPECIALLY...
|
| 01:01:34 |
Unidentified Speaker, -
IF IT IS CLEAR THAT IT MUST BE ANSWERED. WE SHOULD AVOID THEM IF IT IS AT ALL POSSIBLE BECAUSE, OTHERWISE, WE ARE DECIDING THINGS ON WHICH THE LEGISLATURE...
|
| 01:04:16 |
Unidentified Speaker, -
RELATIONS.
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| 01:04:21 |
Unidentified Speaker, -
THOSE THINGS THAT ARE IN A NON AT-ALIEN CONTEXT. >> WHAT ABOUT AND NATIONAL HEALTH EMERGENCY? >> -- WHAT ABOUT A NATIONAL HEALTH EMERGENCY? >> I DO NOT...
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| 01:04:49 |
Unidentified Speaker, -
AFFIRM? >> I WOULD BE HAPPY TO OUR FIRM ON A
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| 01:04:53 |
Unidentified Speaker, -
NARROW GROUND -- TO A FIRM ON A NARROW GROUND. --
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| 01:04:59 |
Unidentified Speaker, -
TO AFFIRM ON A NARROW GROUND. >> I THOUGHT IT WAS A TERRIFIC PROBLEM AND IT REALLY PUT THE JUDGES IN A HARD PLACE.
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| 01:05:09 |
Unidentified Speaker, -
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| 01:05:12 |
Unidentified Speaker, -
AS MY QUESTIONS TO THE COUNCIL SUGGESTED, I THINK IT IS RELEVANT WHAT THE IMMIGRATION STATUS OF THE PETITIONER IS. IF THE PETITIONER HAD BEEN
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| 01:05:24 |
Unidentified Speaker, -
A LONG TIME PERMANENT RESIDENT, I THINK THAT GRAMM VERSES RICHARDSON WOULD APPLY AND IT WOULD BE AN EASY CASE. CONVERSELY, IF THEY WERE A TOURIST GOING...
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| 01:07:39 |
Unidentified Speaker, -
I WOULD ADDRESS THIS TWO WAYS. AS A CONSTITUTIONAL MATTER, I WOULD AFFIRM THE COURT OF APPEALS. PRECISELY FOR THE SAME
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| 01:07:55 |
Unidentified Speaker, -
REASONS THAT JUDGE CALABRESI HAS SAID. THIS IS A PROBLEMATIC CASE WITH
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| 01:08:02 |
Unidentified Speaker, -
DISCRIMINATION AGAINST A MINORITY. IT MAY BE THE CONGRESSIONAL ACTION CAN SANITIZE THAT ACTION, BUT IF THEY ARE GOING TO DO IT, THEY NEED TO DO IT WITH...
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| 01:10:54 |
Unidentified Speaker, -
CASES AND CASES -- OF THE CASES GO BOTH
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| 01:10:59 |
Unidentified Speaker, -
WAYS. THERE HAS BEEN A SHIFT IN THE SUPREME COURT JURISPRUDENCE. WHEN YOU START WITH GRAMM, ALIENS ARE ENTITLED TO PROTECTION UNDER THE LAW. BUT, LITTLE...
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| 01:14:08 |
Unidentified Speaker, -
I WANT TO COMPLIMENT THE COUNCIL.
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| 01:14:11 |
Unidentified Speaker, -
YOU GOT A LOOK AT A SPECTACULAR SUPREME COURT COUNCIL. YOU REALLY DID A TREMENDOUS JOB. MY FIRST JOB OUT OF A
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| 01:14:26 |
Unidentified Speaker, -
CLERKSHIP WAS
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| 01:14:28 |
Unidentified Speaker, -
WORKING FOR THE SOLICITOR GENERAL STAR AND MY IMPRESSION THEN IS THE SAME AS IT IS NOW, THAT HE IS A SPECTACULAR ADVOCATE. ALSO, TO THE PROBLEM, THIS...
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| 01:17:15 |
Unidentified Speaker, -
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| 01:17:24 |
Unidentified Speaker, -
FIGHT WOULD VIEW THIS -- I WOULD VIEW
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| 01:17:31 |
Unidentified Speaker, -
THIS AS AN ISSUE
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| 01:17:34 |
Unidentified Speaker, -
THAT TAKES SECOND PLACE. THE PUBLIC HEALTH OF ADDITION AND THE FUNDING OF THAT IS ALWAYS SECOND PLACE. AT THE START AND AT THE END, I WOULD
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| 01:17:48 |
Unidentified Speaker, -
VIEW THIS IN A PUBLIC HEALTH CONTEXT. WE WOULD CONSIDER POPULATIONS OF PEOPLE, AND WE NEED TO CONSIDER THE ENTIRE POPULATION IT WOULD NOT HELP TO CONSIDER...
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| 01:19:35 |
Unidentified Speaker, -
LANGUAGE IS PLAIN AND IT SETS UP THE PRIORITY. EVEN IN THE ADDITIONAL CRITERIA, IT SAID TO FURTHER THE PUBLIC HEALTH. THAT HAS A VERY SPECIAL MEANING...
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| 01:19:48 |
Unidentified Speaker, -
AS A SIDELINE, PUBLIC HEALTH RUNS COUNTER TO OUR SYSTEM OF JURISPRUDENCE BECAUSE IT FOCUSES LESS ON INDIVIDUAL RIGHTS OF THE RIGHTS OF THE WHOLE POPULATION...
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| 01:20:29 |
Unidentified Speaker, -
IF CONGRESS COULD AND IF
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| 01:20:31 |
Unidentified Speaker, -
CONGRESS DID,
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| 01:20:35 |
Unidentified Speaker, -
I WOULD SAY THAT THIS STATUTE IS IRRATIONAL. IT DOES NOT FURTHER THE PUBLIC HEALTH. I THINK THERE IS A LOT OF PRACTICAL WAYS IN WHICH EVEN JUDGES...
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| 01:21:13 |
Unidentified Speaker, -
THAT UNDERLIE THE WHOLE ISSUE. THAT IS THE INADEQUACY OF OUR PUBLIC HEALTH SYSTEM. SECOND IS OUR POROUS IMMIGRATION POLICY. ARIZONA HAS FOUND A WAY OF...
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| 01:22:10 |
Unidentified Speaker, -
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| 01:22:11 |
Unidentified Speaker, -
TEANECK, LIKEWISE -- TINA, LIKEWISE. THAT WAS REALLY WONDERFUL EXERCISE. I WILL BE BRIEF BECAUSE EIGHT OTHER PEOPLE HAVE ALREADY SAID WHAT I WOULD OTHERWISE...
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| 01:23:48 |
Unidentified Speaker, -
PROVISION THAT ARIZONA ENACTED. THEN HE WOULD HAVE A CLEAR EQUAL PROTECTION ISSUE RIGHT IN FRONT OF YOU. IT IS ONE STEP REMOVED FROM THAT BECAUSE WHAT...
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| 01:25:57 |
Unidentified Speaker, -
I THINK THAT MY COLLEAGUES HAVE A VERY WELL REFLECTED THE GROUNDS FOR THE AFFIRMATION THAT I WOULD VOTE FOR. THE FIRST THING THAT I WOULD WANT TO ADD...
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| 01:27:42 |
Unidentified Speaker, -
HAS A STATE CONSTITUTION. THE HIGHEST COURT OF THE STATE IS THE LAST WORD UNDER THE STATE CONSTITUTION. THEY ALSO FIELD FEDERAL CONSTITUTIONAL ISSUES...
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| 01:28:38 |
Unidentified Speaker, -
IN ANY WAY. IF YOU DO NOT MIND, I WANT TO REPEAT THE WORDS OF PETER.
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| 01:28:56 |
Unidentified Speaker, -
I VISITED PETER THIS MORNING AND I SAW THAT THIS SO ENCAPSULATED THE PROBLEM. AMERICANS ARE UNIQUE IN THEIR VISION OF A DYNAMIC, IDEA DRIVEN IDENTITY....
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| 01:30:43 |
Unidentified Speaker, -
THE DECISION OF THE COURT. THE THING THAT I
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| 01:30:49 |
Unidentified Speaker, -
FOUND DISTURBING AS AN ADVOCATE WAS SOMETHING THAT SOME OF YOU ALLUDED TO WHICH
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| 01:30:54 |
Unidentified Speaker, -
WAS THE LEADERS OF OTHER ISSUES THAT WERE THERE. --
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| 01:30:58 |
Unidentified Speaker, -
THE LEADERS OF OTHER ISSUES THAT WERE THERE. -- OF THE LAYERS -- OF THE
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| 01:31:05 |
Unidentified Speaker, -
LAYERS THE LATE -- THE LAYERS OF OTHER ISSUES THAT WERE THERE. I WAS ALSO GRAPPLING WITH THIS AREA. I EAT DUE TO SEE THE TENSION IN THE DOCTRINE, WHICH...
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| 01:33:36 |
Unidentified Speaker, -
US SAY IT IS ON ONE SIDE OR ANOTHER, SO THAT WE'VE REALLY, AS A COURT, OPENED THE DISCUSSION -- SO THAT WE REALLY, AS A COURT, OPEN THE DISCUSSION. I...
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| 01:34:33 |
Unidentified Speaker, -
IT IS WONDERFUL FOR AN AUDIENCE THAT MAY NOT SEEK A COURT IN ACTION. --
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| 01:34:43 |
Unidentified Speaker, -
SEEK A COURT IN ACTION. --
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| 01:34:45 |
Unidentified Speaker, -
SEE A COURT IN ACTION. MY GENERAL POINT IS THE BACKDROP OF THE PROBLEM. THIS WAS ELEGANTLY PUT TOGETHER BY MR. PACE. WITH THE DEATH TOLL RISING, CONGRESS'S...
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| 01:36:17 |
Unidentified Speaker, -
I THINK THAT TODAY'S COURT, THE WAY THAT WE SEE RATIONING OF HEALTH CARE, LET'S SAY THAT IF A HUMAN BEING NEEDS HEALTH CARE, THE MIDDLE CLASS GETS...
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| 01:36:44 |
Unidentified Speaker, -
WAY OF SEEING WHAT RATIONING HEALTH CARE IS IS TO SEE THE NEEDS OF THE POOR PEOPLE. WE GIVE THEM CUSTOMIZED HEALTH CARE IN THE RICH PEOPLE HAVE DIFFERENT...
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| 01:37:42 |
Unidentified Speaker, -
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| 01:37:45 |
Unidentified Speaker, -
UNFOLDED, WE'VE USED THIS UP A LITTLE.
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| 01:37:46 |
Unidentified Speaker, -
WE HAVE THOUSANDS OF IMMIGRANTS. IS IT
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| 01:37:52 |
Unidentified Speaker, -
PLAUSIBLE THAT WE HAVE A LIMITED
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| 01:37:58 |
Unidentified Speaker, -
SUPPLY, SO WE REALLY HAVE AN EMERGENCY OF TRYING TO CONTROL
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| 01:38:05 |
Unidentified Speaker, -
THE SPREAD. FIRST OF ALL, WHAT WOULD CONGRESS' POWER BE TO PASS A DISCRIMINATORY LAW REGARDING CITIZENS'? AT WHAT POINT DOES CONGRESS DELEGATE THIS?...
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| 01:38:51 |
Unidentified Speaker, -
CLASS. HE WON A PROTECTED CLASS IS THERE, GOVERNMENT HAS TO HAVE A COMPELLING STATE INTEREST IN ORDER TO DIFFERENTIATE OR DISCRIMINATE. IT MIGHT BE THAT...
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| 01:40:04 |
Unidentified Speaker, -
LEFT. DOES THE COURT PROTECTION DOCTRINE PREVENT ARIZONA FROM SAYING THAT WE WANT TO USE THE CITIZENSHIP OF THE SECOND WOMAN TO GET HER THAT VACCINE?...
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| 01:41:03 |
Unidentified Speaker, -
CONGRESS AUTHORITY OVER MATTERS
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| 01:41:06 |
Unidentified Speaker, -
LIKE THIS. MY GUESS
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| 01:41:10 |
Unidentified Speaker, -
IS THAT THE SUPREME COURT WOULD
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| 01:41:14 |
Unidentified Speaker, -
UPHOLD LEGISLATION
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| 01:41:18 |
Unidentified Speaker, -
THAT DISADVANTAGED ALIENS. I DO NOT KNOW OF THE THE OTHER WAY TO SAY IT. >> THERE IS A BODY OF LAW THAT USES SCARCE RESOURCES AND THIS MAY BE ANALOGOUS...
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| 01:41:50 |
Unidentified Speaker, -
FIT INTO THAT CATEGORY. >> THERE HAS TO BE A REASON. THERE HAS TO BE A RATIONALE AS TO WHY WE WOULD SAY THAT WE PREFER THE CITIZEN. ARIZONA DID NOT SAY...
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| 01:42:12 |
Unidentified Speaker, -
HAVE THIS IN VS. ALIENS. IN ONE CASE, THERE WERE TALKING ABOUT EDUCATION. THE SUPREME COURT SAID THAT THEY DID NOT WANT TO DENY THE ALIENS THE RIGHT TO...
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| 01:43:38 |
Unidentified Speaker, -
BECAUSE I WANTED TO SAY THAT ALL THE AMERICAN GAVE TO ME MAYBE A PATRIOT AND A VERY DEEP SENSE. IF AMERICA HAD NOT TAKEN ME IN, THERE IS A VERY SUBSTANTIAL...
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| 01:46:37 |
Unidentified Speaker, -
THE ISSUE? IF THIS WOMAN WERE EIGHT MONTHS PREGNANT, WOULD THAT MAKE A DIFFERENCE? >> I WAS PARTICULARLY ANGRY AT A DECISION OF TWO JUDGES ON MY COURT...
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| 01:47:09 |
Unidentified Speaker, -
WAS THAT THE CHILD THAT WAS ABOUT TO BE GOING WOULD BE A CITIZEN, THEY WERE SO DETERMINED BECAUSE THEY WERE SO STRONGLY IN FAVOR OF ABORTION RIGHTS THAT...
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| 01:48:22 |
Unidentified Speaker, -
PRONOUNCEMENT IS THAT PETER JENNINGS WILL HAVE BEEN VERY PLEASED. THAT IS AN EXTREMELY HIGH STANDARD. THANK YOU ALL, SO MUCH. [LAUGHTER] [APPLAUSE] >>
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| 01:48:35 |
Unidentified Speaker, -
YOU CAN SEE THIS PROGRAM AGAIN OR ANY OTHER "AMERICA AND THE COURTS" PROGRAM AS C- SPAN.ORG. JOIN US NEXT WEEK FOR "AMERICA AND THE COURTS" HERE ON C-SPAN....
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| 01:49:14 |
Unidentified Speaker, -
THIS IS C-SPAN, PUBLIC AFFAIRS PROGRAMMING. UP NEXT, THE HEAD OF THE NATIONAL AND DORMANT -- THE NATIONAL ENDOWMENT FOR THE ARTS. AND THEN, SUPREME COURT...
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NOTE: The transcript for this program was compiled from uncorrected Closed Captioning.