| 00:00:22 |
Unidentified Speaker, -
COURT. WHEN THE COURT APPROVED THE LEGITIMIZATION REQUIREMENT ONLY UP ON FATHERS
|
| 00:00:27 |
Unidentified Speaker, -
OF NON-BEARABLE CHILDREN BORN ABROAD. THAT IS BASED ON BIOLOGICAL DIFFERENCES BETWEEN MEN AND WOMEN. IT PROVIDED PROOF OF PARENTAGE AND PROOF OF...
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| 00:01:18 |
Unidentified Speaker, -
NOT TRUE THAT IF THERE IS ILLEGITIMATE CHILD IT IS MUCH MORE LIKELY THAT THE WOMAN WILL END UP CARING FOR IT THEN THE FATHER WILL? THAT'S NOT TRUE....
|
| 00:01:41 |
Unidentified Speaker, -
AND ALL THE CASES IT IS TRUE IN GENERAL, BUT THERE ARE PEOPLE WHO DON'T FIT THE MOLD. SO
|
| 00:01:48 |
Unidentified Speaker, -
A STEREOTYPE IS MAYBE THE MAJORITY OF CASES. IT JUST MEANS THAT YOU SAY THIS IS THE WAY WOMEN ARE, THIS IS THE WAY MEN ARE. >> THIS IS JUST BEYOND AND...
|
| 00:02:07 |
Unidentified Speaker, -
THE WOMAN IS THE SOLE LEGAL PARENT OF THE CHILD. TOTALLY EXCLUDING THE MEN COME IN WHICH IT BASICALLY DATES BACK TO THE NO TRUE OF CULTURE WITH THE...
|
| 00:02:34 |
Unidentified Speaker, -
WHERE PATERNITY WAS NOT ESTABLISHED, THE CHILD WOULD BE REGARDED AS HAVING CITIZENSHIP UNDER THE LAW OF VIRTUALLY EVERY COUNTRY, IF NOT EVERY COUNTRY?...
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| 00:02:53 |
Unidentified Speaker, -
AND THE STATUTE, CONGRESS TO REDUCE TENSION BETWEEN ALL PARENTS, EXCUSE ME, ALL FATHERS OF NON-MARITAL CHILDREN AND THOSE WHO ARE ILLEGITIMATE THAT THE...
|
| 00:03:45 |
Unidentified Speaker, -
MOTHER. IN CHINA AND JAPAN IF THE FATHER WAS MERELY KNOWN IT WOULD NOT GO THROUGH THE MOTHER. THERE WERE THREE DOZEN COUNTRIES AT THIS TIME, INCLUDING...
|
| 00:05:07 |
Unidentified Speaker, -
THE UNMARRIED WOMAN IS BEING FAVORED? BECAUSE THE UNMARRIED FATHER IS BEING BRACKETED WITH THE MARRIED COUPLES. SO LIKE, WHAT IS IT, THAT THE WOMAN...
|
| 00:05:40 |
Unidentified Speaker, -
CASE, SIX LICENSURE VERSUS BALLOT. THERE WAS NO DISCRIMINATION AGAINST WOMEN UP UNTIL VERY SHORTLY BEFORE THE STATUTE WAS PASSED, IT WAS CLEAR UNDER...
|
| 00:06:09 |
Unidentified Speaker, -
TO THE GENERALIZED NON-GENDER-BASED REQUIREMENT. COUPLES, MALE OR PIANO, AND FATHERS, UNMARRIED FATHERS, ARE SUBJECT TO FIVE YEARS. OF ON THE MARRIED...
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| 00:06:46 |
Unidentified Speaker, -
STANDARD PRACTICE IN 1940 LITIGATION -- 1940 LITIGATION. IT WAS NO SIGNIFICANT RESIDENTS REQUIRE. HAD CONGRESS IMPOSE NEW REQUIREMENTS BECAUSE IT...
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| 00:07:20 |
Unidentified Speaker, -
THE FIVE YEAR RESIDENCY REQUIREMENT HONOR CONGRESS IS CONCERNED ABOUT THERE BEING A SUBSTANTIAL TIE TO STATE? >> ABSOLUTELY WOULD, BUT THAT CONCERN...
|
| 00:07:36 |
Unidentified Speaker, -
THE EXTENDED RESIDENCE REQUIREMENT DIDN'T APPLY. NONMARITAL MOTHERS WHO ASSUME TO BE THE ONES WHO WILL BE RAISING THE CHILDREN WITHOUT THE INFLUENCE...
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| 00:08:24 |
Unidentified Speaker, -
THAT DOESN'T APPLY HERE FOR A COUPLE OF REASONS. FIRST IS WE'RE NOT TALKING ABOUT THE ADMISSION OF ALIENS. SECOND IS THE COURT MADE CLEAR THAT WHEN...
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| 00:09:10 |
Unidentified Speaker, -
DIFFERENCE IN DETERMINING NATIONALITY THAN IT DOES WITH -- >> WHAT I'M SAYING IS THAT WE'RE TALKING ABOUT THE ABILITY OF THE UNITED STATES CITIZENS...
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| 00:09:21 |
Unidentified Speaker, -
TO TRANSFER CITIZENSHIP IF THAT IS THE TRADITIONAL, CITIZENSHIP IS IMPORTANT AND IT IS A TRADITION THAT CITIZENS HAVE DONE SO FOR YEARS. SO YES, CONSTITUTIONAL...
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| 00:09:44 |
Unidentified Speaker, -
WHO SHOULD BE THE NATIONAL OF THIS COUNTRY THAN WHEN IT DETERMINES IT WHICH THE LISTED AS AN ASP? THERE ISN'T ANY TRADITION LIVES BACK TO 1380. >> ARE...
|
| 00:10:04 |
Unidentified Speaker, -
PROCESS GUARANTEE OF EQUAL PROTECTION IS APPLICABLE IN THIS CONTEXT,
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| 00:10:07 |
Unidentified Speaker, -
BECAUSE THE CITIZENS -- >> IF I TAKE THAT AS A YES ANSWER, WHAT IS YOUR AUTHORITY FOR THE ANSWER? IT SEEMS TO ME IT OUGHT TO BE JUST THE OTHER WAY
|
| 00:10:18 |
Unidentified Speaker, -
AROUND. >> YOUR HONOR, MY AUTHORITY IS THE TRADITION THAT I'VE BEEN DISCUSSING. CONGRESS ITSELF IN 1940 CONSIDERED PEOPLE
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| 00:10:26 |
Unidentified Speaker, -
WHO GET -- ALIENS WHO NATURALIZED. IN FACT, THAT WAS UNIVERSALLY -- >> BUT IT WAS CONGRESS THAT MADE THE DISTINCTION. YOU'RE ASKING US TO SAY THAT CONGRESS...
|
| 00:10:42 |
Unidentified Speaker, -
ESSENTIAL ISSUE AS TO WHO SHOULD BE NATIONALS IN THE UNITED STATES. MAYBE THEY'RE SO AUTHORITY FOR THAT. DO YOU HAVE ANY AUTHORITY? IS THERE SOMETHING...
|
| 00:11:01 |
Unidentified Speaker, -
THE CONSTITUTIONAL LIMITATIONS. THIS IS THE FIRST ONE OF COURT CASES WHERE -- >> BUT THAT WASN'T AN INDIAN ADMISSION TICKET TO TALK ABOUT NATIONALITY....
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| 00:11:13 |
Unidentified Speaker, -
STATES CITIZEN. BUT WHAT WE'RE SAYING IS PETITIONERS FATHER AS
|
| 00:11:17 |
Unidentified Speaker, -
A UNITED STATES CITIZEN HAS EQUAL PROTECTION CAN'T EQUAL PROTECTION CLAUSE, PROTECTION AGAINST THE DISCRIMINATION HERE BECAUSE SIMILARLY SITUATED WOMAN...
|
| 00:11:38 |
Unidentified Speaker, -
RIGHT? THIS IS WHAT I DON'T UNDERSTAND. A CHILD IS BORN ABROAD. ONE PARENT IS AMERICAN. THE OTHER IS -- IF THE TWO ARE MARRIED, THAT CHILD IS AMERICAN,...
|
| 00:12:54 |
Unidentified Speaker, -
IMPOSING A LEVELING DOWN TIGHT REMEDY BECAUSE CITIZENSHIP CANNOT BE TAKEN AWAY ONCE IT IS GRANTED. SO THE COURT CAN'T REMEDY -- >> SOME PEOPLE WERE LUCKY...
|
| 00:13:08 |
Unidentified Speaker, -
THE NINE STATES FOR ONE YEAR. THOSE ALREADY OUR CITIZENS. NOBODY WILL TAKE THAT AWAY. WE ARE JUST LOOKING AT A STATUTE, THE FIRST PART OF THE STATUTE...
|
| 00:14:09 |
Unidentified Speaker, -
TO STRIKE A. SORRY, WE STRIKE C. AND YOU WANT
|
| 00:14:12 |
Unidentified Speaker, -
ME TO STRIKE 1409 A, AND 1401 G AND SHOVE PEOPLE WHO ARE IN THEIR INTO G WHICH IS A LITTLE TOUGH TO DO IN ENGLISH LANGUAGE. BUT I WANT TO KNOW HOW YOU...
|
| 00:14:34 |
Unidentified Speaker, -
YOUR TALKING ABOUT THE UNMARRIED FATHER TO THE
|
| 00:14:41 |
Unidentified Speaker, -
UNMARRIED MOTHER. IS THAT ANY NOTION OF HOW MANY PEOPLE WE ARE TALKING ABOUT? DO YOU NEED AN EXTENSION VERSUS IN VALIDATION AS THE COURT GENERALLY EXTENDS...
|
| 00:15:33 |
Unidentified Speaker, -
BREYER BREYER'S QUESTION. >> YES, JUSTICE BREYER. IT WAS THE REMEDY THAT WE
|
| 00:15:38 |
Unidentified Speaker, -
ARE REQUESTING IS EXTENSION. AND WESCOTT, THE
|
| 00:15:41 |
Unidentified Speaker, -
COURT LOOK AT LANGUAGE AND A SEVERABILITY CLAUSE, SUMMER TO THIS AND ALSO IN JUSTICE HARLAN'S CONCURRING OPINION IN WELSH, AND SAID THAT THAT TYPE...
|
| 00:16:05 |
Unidentified Speaker, -
IT MAY ALSO DISCRIMINATE AGAINST FATHERS. AND THAT'S BECAUSE C SAYS THAT THE WOMAN HAS TO HAVE BEEN PHYSICALLY PRESENT FOR A CONTINUOUS PERIOD OF ONE...
|
| 00:16:47 |
Unidentified Speaker, -
IS TRUE, THEN I WOULD THINK THAT THE FATHERS ARE REALLY WORSE OFF. I DO KNOW IF THAT HELPS
|
| 00:16:53 |
Unidentified Speaker, -
YOU. IMMEDIATE KUCHAR NOT THAT THAT IS REALLY A PROBLEM. IF IT IS REALLY A PROBLEM THAN THE FATHERS ARE WORSE OFF. DOES THAT HELP YOU WITH THE REMEDY?...
|
| 00:17:09 |
Unidentified Speaker, -
EVENT, THAT REQUIREMENT IS NOT CONSIDERED TO HAVE BEEN VIOLATED. I HAVE TO ADMIT I'M HAVING A HARD TIME FOLLOWING THE QUESTION. >> THE QUESTION I'M LOOKING...
|
| 00:17:28 |
Unidentified Speaker, -
I'M NOT SAYING I WOULD DO IT, BUT I JUST WANT TO KNOW WHAT THE BEST WAY IS A GETTING TO THAT RESULT, WHERE YOU SHOVE EVERYONE INTO C INSTEAD OF JUST...
|
| 00:17:46 |
Unidentified Speaker, -
AN EXTENSION OF REMEDY AND BASICALLY TREATED -- >> THAT WOULD HELP YOU. IS THERE A REASON FOR DOING THAT? >> THE REASON IS THAT LANGUAGE THAT
|
| 00:17:55 |
Unidentified Speaker, -
IS CONTAINED IN THE SEVERABILITY CLAUSE IS SIMILAR TO WHAT THE COURT HAS ALREADY SAID ALLOWS AN EXTENSION
|
| 00:18:00 |
Unidentified Speaker, -
REMEDY. AND THE OTHER PROBLEM IS THAT IF THE COURT DOESN'T GRANT AN EXTENSION REMEDY, IT LEADS PETITION OF BASICALLY WITHOUT A REMEDY. THAT THERE...
|
| 00:18:18 |
Unidentified Speaker, -
BY LOWERING PEOPLE ARE GIVEN THE BENEFIT OR BY INCREASING THE PEOPLE WHO AREN'T. SO HERE'S THE REMEDY. MY MOTHER AND FATHER ARE NOT BEING TREATED THE...
|
| 00:20:11 |
Unidentified Speaker, -
BECAUSE THE LEGISLATURE CAN'T BE CONVENED ON THE SPOT. AND THE COURT ACTUALLY DID GO THROUGH THAT EXERCISE, EXTENDING THOSE ALLEGATIONS, MOST CONSPICUOUSLY...
|
| 00:21:02 |
Unidentified Speaker, -
APPLY HERE. BUT -- >> MR. HUBACHEK, YOU'RE ASKING, I THINK, THAT THE COURT PRONOUNCED YOUR CLIENT
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| 00:21:11 |
Unidentified Speaker, -
TO BE A UNITED STATES CITIZEN. ISN'T THAT THE ONLY PRONOUNCEMENT FROM A COURT AND THAT IS GOING TO DO YOUR CLIENT ANY GOOD? >> WELL, -- >> UNLESS HE'S...
|
| 00:21:31 |
Unidentified Speaker, -
TO PRESENT -- >> EVERY VIRTUAL OF THE JUDGMENT ON
|
| 00:21:33 |
Unidentified Speaker, -
THE GROUNDS THAT YOUR CLIENT IS A UNITED STATES CITIZEN. RIGHT? >> THAT WOULD BE
|
| 00:21:38 |
Unidentified Speaker, -
IMPOSSIBLE FOR THEM ON THE SEX TO BECOME A UNITED STATES CITIZEN, YES. >> THAT HE IS A UNITED
|
| 00:21:44 |
Unidentified Speaker, -
STATES CITIZEN? >> THAT HE IS. DO YOU HAVE ANY OF THE CASE WHERE A
|
| 00:21:50 |
Unidentified Speaker, -
COURT HAS CONFERRED CITIZENSHIP ON
|
| 00:21:52 |
Unidentified Speaker, -
SOMEONE WHO, UNDER THE STATUTE AS WRITTEN, DOES NOT HAVE IT? >> THAT WAS ONE OF THE ISSUES THAT WAS DEBATED OF COURSE IN THE MEDICAID. THE COURT...
|
| 00:22:04 |
Unidentified Speaker, -
IN THIS -- >> NEVER DONE? >> THAT'S CORRECT. BUT IT CAN IN THIS CASE FOR A NUMBER OF REASONS. NUMBER ONE IS THE FACT THAT THE SEVERABILITY CLAUSE IS...
|
| 00:22:13 |
Unidentified Speaker, -
THIS CLAIM. CONGRESS PASSED A STATUTE 1421 IN THE SAME STATUTORY SCHEME THAT SAID WE WERE TALKING OF NATURALIZATION AND NATURALIZATION AT ALIEN, THEN...
|
| 00:23:04 |
Unidentified Speaker, -
GIVES A SHORTER PERIOD THAT THE MOTHER HAS. >> AGAIN SPEAK I'M SORRY, THE MOTHER GETS THE LONGER. THAT THE FATHER HAS. >> RIGHT. >> WE CAN'T
|
| 00:23:17 |
Unidentified Speaker, -
APPLY IT RETROACTIVELY, OKAY, WE DON'T APPLY THAT
|
| 00:23:23 |
Unidentified Speaker, -
RETROACTIVELY. FOR EVERYBODY ELSE IS THE CASE THAT EVEN, THIS STATUTE SAYS YOU HAVE CITIZENSHIP AS A BIRD THAT EVEN IF THE COURT WERE TO READ THAT...
|
| 00:23:52 |
Unidentified Speaker, -
A HIGHLY EXERCISE OF POWER. LET ME JUST ASK YOU THIS AS AN ANALYTIC MATTER RATHER THAN LOGICAL PRIORITIES. WE USUALLY TALK ABOUT SUBSTANCE FIRST, REMEDY...
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| 00:24:42 |
Unidentified Speaker, -
DO THAT. THAT'S WHAT WESCOTT SAID. ONE CAN GO ONE WAY, THEN THE OTHER WAY. THEY CAN'T GET ANY FINE TUNING BECAUSE IT IS THERE. IT ALL GOES BACK TO...
|
| 00:25:06 |
Unidentified Speaker, -
TO THEM ANYWAY, CONCERNED TO STATEMENTS ON THE ONE HAND AND CONNECTIONS TO THE UNITED STATES ON THE OTHER. IF CONGRESS HADN'T ASSUMED BASED ON GENDER...
|
| 00:25:50 |
Unidentified Speaker, -
THAT IT'S ONLY TWO YEARS. >> THE CURRENT SYSTEM IS FIVE YEARS. TWO YEARS AFTER THE AGE OF 16 SORRY, AFTER THE AGE OF
|
| 00:25:59 |
Unidentified Speaker, -
14. THAT AGE REQUIREMENT HERE COMPLETELY PRECLUDED MR. FLORES-VILLAR FATHER BEING ABLE TO TRANSFER OF CITIZENSHIP. THAT WOULD NEVER APPLY TO A WOMAN...
|
| 00:26:30 |
Unidentified Speaker, -
ABROAD SHOULD BE MADE CITIZENS OF THE UNITED STATES, HAS TO TAKE INTO ACCOUNT MANY FACTORS THAT MAY BEAR ON THAT QUESTION IN ITS JUDGMENT. THEY INCLUDE...
|
| 00:27:16 |
Unidentified Speaker, -
ME. >> UNLESS WE APPLY STRICT SCRUTINY, WHICH NO ONE IS ARGUING FOR. THE QUESTION IS, IS A RATIONAL BASIS DEFERENCE OR IS IT
|
| 00:27:24 |
Unidentified Speaker, -
SOME INTERMEDIATE SCRUTINY, KIRK? >> YES. AND WE BELIEVE THAT UNDER COURT DECISION,
|
| 00:27:34 |
Unidentified Speaker, -
PARTICULARLY THE CASES DISCUSSED, THAT IT SHOULD BE RATIONAL BASIS. >> WELL, YOU CAN'T REALLY MEAN THAT. WE COULD PUT A HYPOTHETICAL THAT IS VERY...
|
| 00:27:47 |
Unidentified Speaker, -
A U.S. CITIZEN SHOULDN'T BE BURDENED IN THIS WAY. AND A HYPOTHETICAL IS, LET'S ASSUME CONGRESS DETERMINES THAT THERE ARE TOO MANY FOREIGN-BORN CHILDREN...
|
| 00:28:43 |
Unidentified Speaker, -
ONE RELATION DRAWN FROM THE CASE THAT WAS ARTICULATED. THAT IS THE HAS TO BE A LEGITIMATE AND BONA FIDE REASON. I THINK -- >> THERE IS A -- >> I THINK...
|
| 00:29:02 |
Unidentified Speaker, -
HAVING NO BEARING -- >> WHAT OTHER -- WHICH ARBITRATE ABOUT A CONVINCING I WANT TO SPEND LESS MONEY ON
|
| 00:29:12 |
Unidentified Speaker, -
A NEW CITIZEN? >> THE ULTIMATE, THE ULTIMATE REASON MAY BE LEGITIMATE, BUT I THINK THE LEGITIMATE TEST ALSO ACCOMPLISHES MEANS, NOT
|
| 00:29:24 |
Unidentified Speaker, -
JUST IN. AND IF CONGRESS IS JUST ARBITRARILY CHOOSING BETWEEN MEN AND WOMEN ARE PEOPLE OF DIFFERENT RACE, I THINK IN THIS COURT TRADITION, IT COULD...
|
| 00:29:57 |
Unidentified Speaker, -
TO DISCONTINUE, SORT
|
| 00:29:59 |
Unidentified Speaker, -
OF TWEETING THE DEFINITIONS
|
| 00:30:03 |
Unidentified Speaker, -
AND CREATING MORE VARIATIONS ON OUR REVIEW STANDARDS? >> I THINK IT IS A TEST THAT THIS COURT HAS ARE TAKING A 10 OLIVE PRESSES BILL TO TO ADDRESS
|
| 00:30:15 |
Unidentified Speaker, -
THIS VERY SITUATION, THAT INCLUDING A SITUATION WHERE IT'S OUR CONSTITUTIONAL RIGHTS OF U.S. CITIZENS IN THIS COUNTRY ARE BEING CLAIMED. AND WE AGREE...
|
| 00:30:41 |
Unidentified Speaker, -
MOTHERS, ARE ACTUALLY U.S. CITIZENS WHO WANT TO BRING THEIR CHILDREN OVER AS U.S. CITIZENS. SO, IF THE FATHER WAS MAKING THE CLAIM HERE, YOU WOULD STILL...
|
| 00:31:10 |
Unidentified Speaker, -
IN A VERY PARALLEL SITUATION, CLAIMING THAT SPECIAL PRIVILEGES FOR ILLEGITIMATE CHILDREN TO REUNITE WITH THE FATHER WERE UNCONSTITUTIONAL DISCRIMINATION...
|
| 00:32:12 |
Unidentified Speaker, -
DISCRIMINATION? DOESN'T ALSO APPLY TO LESSER STANDARD OF RACIAL DISCRIMINATION? >> I THINK THE STANDARD WOULD RENDER A RELIANCE -- >> THIS IS SUBTLY...
|
| 00:32:24 |
Unidentified Speaker, -
A BIG HOLE IN THE 14th AMENDMENT. >> NO, I DON'T THINK SO BECAUSE I THINK THAT SAME PRINCIPLE WOULD BE GIVEN
|
| 00:32:31 |
Unidentified Speaker, -
EFFECT. >> FIRST, WE WERE DEALING
|
| 00:32:33 |
Unidentified Speaker, -
NOT WITH CITIZENS. THIS WAS SOMEONE, A RESIDENT, IT COULD BE RESIDENT
|
| 00:32:39 |
Unidentified Speaker, -
ALIEN WANTING TO BRING IN A PARENT OR A CHILD. BUT THAT GAVE LESSON ABOUT WHO IS THE CITIZEN AT BIRTH. >> IT WASN'T, BUT IN THE EYES OF THE CONSTITUTION,...
|
| 00:32:58 |
Unidentified Speaker, -
PASSED THE STATUTE MAKING THEM A CITIZEN. SO ANALYTICALLY, THE -- >> CONGRESS HAS PASSED MAKING CERTAIN PEOPLE CITIZENS, AND THE QUESTION IS, AS A DENTAL...
|
| 00:33:14 |
Unidentified Speaker, -
A WAY THAT IS COMPATIBLE WITH EQUAL PROTECTION. BUT REMIND ME, CHIEF JUSTICE, NOT IN FRONT OF MY HEAD, I THOUGHT THE CLASSIFICATION THAT WAS DEALT...
|
| 00:33:38 |
Unidentified Speaker, -
CLAIMS BASED ON BOTH. .COM IF I COULD MOVE ON TO THE WAY THAT THE STATUTE OPERATES, BECAUSE WE THINK IT SATISFIES EITHER STANDARD OR GET IN THIS CASE...
|
| 00:36:59 |
Unidentified Speaker, -
RELATIONSHIP. SO WE WILL GIVE THAT ADVANTAGE, ONE YEAR. FOR FATHERS THAT WILL PUT THE MOTHERS TOGETHER WITH THE MARRIED COUPLES. WOULD THAT BE COMPATIBLE...
|
| 00:37:25 |
Unidentified Speaker, -
HEAR WHAT -- >> I TOLD YOU WHAT THE RATIONALE WAS THAT THE RATIONALE WAS WE HAVE LOTS OF STATUTE AND NOWADAYS, LIKE FAMILY MEDICAL
|
| 00:37:33 |
Unidentified Speaker, -
AND LEAVE AT, THAT ATTEMPT TO ENCOURAGE FATHERS TO HAVE A RELATIONSHIP WITH THEIR CHILDREN, TO BE AN EQUAL PARENT. SO THAT'S THE RATIONALE OF THIS CLASSIFICATION....
|
| 00:38:15 |
Unidentified Speaker, -
BASED ON THE EXPECTED BEHAVIORS AND HOW IT'S MADE OF MEN AND WOMEN. WHAT'S DIFFERENT HERE IS THAT'S NOT THE BASIS FOR THIS CLASSIFICATION. >> IT WOULD...
|
| 00:38:32 |
Unidentified Speaker, -
PATTERN. >> RIGHT. AND IN THAT SITUATION, CONGRESS I THINK COULD EXPECT AND MAYBE SHOULD BE REQUIRED TO DO THAT
|
| 00:38:39 |
Unidentified Speaker, -
AS A GENERAL NEUTRAL BASIS BECAUSE IT IS PROMISING ON THE BEHAVIOR. >> SO THAT IS, EVEN THOUGH WE'RE STILL DEALING WITH DUAL CITIZENSHIP, YOU RECOGNIZE...
|
| 00:38:52 |
Unidentified Speaker, -
THAT WOULD RUN A FOUND OF THIS? >> THE CARS WILL BE WHETHER THAT IS A LEGITIMATE RATIONALE. AND I WOULD WANT TO KNOW, I THINK I WOULD WANT TO KNOW
|
| 00:39:03 |
Unidentified Speaker, -
MORE ABOUT WHAT THE RECORD FOR SUCH A JUSTIFICATION WOULD BE, ET CETERA. BUT I WOULD LIKE -- >> THE SAME IN THE FAMILY AND MEDICAL LEAVE ACT OF MAKING...
|
| 00:39:17 |
Unidentified Speaker, -
HISTORICALLY MATERNITY LEAVE? >> RIGHT THAT IN THE SITUATION I THINK IT IS EXPANDING ON A GENERAL NEUTRAL BASIS RATHER THAN SINGLY AT ONE PARENT OR
|
| 00:39:26 |
Unidentified Speaker, -
THE OTHER. BUT I WOULD LIKE TO FINISH THE DESCRIPTION THAT I HAVE, BECAUSE IT IS INCOMPLETE AND IS A CRITICAL PIECE LEFT OUT. AND THAT IS THE COUNSEL...
|
| 00:41:08 |
Unidentified Speaker, -
THOSE AND I WOULD LIKE TO COMMENT ON THOSE. BUT I WOULD WANT TO COMMENT, THIS MAY BE A VERY MINOR THING, BUT I DID NOTICE POTTED BY AN ARTICLE I HAVE...
|
| 00:42:17 |
Unidentified Speaker, -
SOMEONE LIVING IN MEXICO
|
| 00:42:19 |
Unidentified Speaker, -
AND COMMUTES TO THE UNITED STATES FIVE DAYS A WEEK, YOU CAN UNDER 1401 ADD UP EACH DAY AND GET TO A TOTAL OF FIVE OR TEN YEARS OF CONTINUOUS, OR EXCUSE...
|
| 00:42:39 |
Unidentified Speaker, -
THE RATIONAL FOR TREATING WOMEN IN THIS RESPECT WORSE THAN TREATING MEAN? >> CONGRESS, THE ONE YEAR -- >> I GRANT YOU THE TIME, ONE YEAR IS TREATING...
|
| 00:42:59 |
Unidentified Speaker, -
WORD CONTINUOUS, IT'S REALLY, IT'S TOUGH IS WHAT YOUR ANSWER LEADS ME TO BELIEVE, AND DO THEY REALLY MEAN IT? I MEAN, THEN THAT'S TRITING THEM -- TREATING...
|
| 00:43:25 |
Unidentified Speaker, -
SOME CONNECTION, CONGRESS WAS BALANCING THE DURATION OF THAT CONNECTION OR TAKING INTO CONSIDERATION THAT CONNECTION, AND CHOSE IT TO MAKE IT A LITTLE...
|
| 00:44:21 |
Unidentified Speaker, -
ALSO DETERMINED THIS IS NOT A CASE TO BE THE FIRST ONE IN HISTORY IN WHICH IT GRANTS NATURAL ZAGS, WHAT SHOULD THE COURT DO? >> I THINK THE COURT OUGHT...
|
| 00:44:40 |
Unidentified Speaker, -
SHOULD CONSTRUCT THE CLASS TO THOSE SPECIFICALLY GOVERNED BY 1401 ON THE GROUND THAT IT VIOLATES EQUAL PROTECTION BSH >> WHAT ABOUT YOUR FRIENDS POINT...
|
| 00:45:10 |
Unidentified Speaker, -
TO HACKLER VS. MATTHEWS IN TAKING A COUNTERALLIANCE -- >> OF COURSE, BUT HERE IN THE SCENARIO, THERE'S NOT A SITUATION WHERE CONGRESS ADDRESSED THE...
|
| 00:45:26 |
Unidentified Speaker, -
WE DO? IF SOMEBODY UNDER THE THEORY WE SAY THIS PERSON SHOULD NOT HAVE BEEN DENIED CITIZENSHIP BECAUSE OF THE UNEQUAL PROTECTION IN THE LAW, AND HE...
|
| 00:45:53 |
Unidentified Speaker, -
AND JUSTICE SCALIA MENTIONED, WE DON'T BELIEVE A COURT CAN GRANT CITIZENSHIP, AND THAT SHOULD INFORM THE REMEDY, BUT FOR THE PEOPLE WHO HAVE BEEN GRANTED...
|
| 00:46:18 |
Unidentified Speaker, -
REMEDY THAT DOESN'T REMEDY? I'M NOT IN THE HABIT OF A BILL THAT DOESN'T PROVIDE RELIEF. >> I SUPPOSE THE COURT COULD DECIDE THAT AT THE OUT-- >> IF...
|
| 00:46:34 |
Unidentified Speaker, -
DOESN'T GRANT THE RELIEF IS UNUSUAL IN THIS CASE. IT DOESN'T GRANT HIM RELEASE BECAUSE OF THE THIRD PARTY
|
| 00:46:40 |
Unidentified Speaker, -
STANDING. HE DOESN'T CARE IF THEY ARE TREATED EQUALLY OR NOT, HE JUST WANTS TO CLAIM THE BENEFIT OF CITIZENSHIP. THE PERSON WHO GETS BELIEF IS IF ...
|
| 00:47:10 |
Unidentified Speaker, -
CONSCIOUS IN ENTERING INTO THIS. >> MR. KNEEDLER, IN ANSWERING THE QUESTION THAT WAY, I KNOW YOU'RE FAMILIAR WITH THE
|
| 00:47:20 |
Unidentified Speaker, -
CASES, AND THIS WAS A FATHER WHO WAS DENIED BENEFITS TO TAKE CARE OF A CHILD WHOSE MOTHER DIED IN CHILDBIRTH, AND THE COURT CAME OUT WITH A UNANIMOUS...
|
| 00:48:32 |
Unidentified Speaker, -
ONE JUSTICE'S RATIONAL WAS THAT THE DISCRIME FLAGS IS -- DISCRIMINATION IS AGAINST THE CHILD, BUT THE FATHER CAN RAISE IT. >> IN SO FAR AS DISCRIMINATION...
|
| 00:48:51 |
Unidentified Speaker, -
A LEGITIMATE STANDARD AND IN JUSTICE O'CONNOR'S OPINION THEY ADDRESSED THE BASIS THERE. THIS IS NOT JUST BASED ON THE GENDER OF THE PARENT, BUT ON...
|
| 00:49:55 |
Unidentified Speaker, -
FATHER IS DOING SOMETHING THAT THE MOTHER REGARDS AS DISADD VENN TASHES, AND YOU SAID SOMETHING THIS HAS SOMETHING TO DO WITH STEREOTYPES AND THIS IS...
|
| 00:50:37 |
Unidentified Speaker, -
A DIFFERENCE IN THE MOMENT OF BIRTH AND THE POTENTIAL AND LIKELIHOOD OF A CONNECTION OF CHILD TO PARENT. AT THE MOMENT OF BIRTH, THAT JUSTIFIED THE...
|
| 00:51:48 |
Unidentified Speaker, -
WELL, YES, BUT IN THE CASE THE COURT DIDN'T LOOK AT THE CIRCUMSTANCES OF THE PARTICULAR CASE. IT LOOKED GENERALLY
|
| 00:51:56 |
Unidentified Speaker, -
TO WHAT WOULD HAVE JUSTIFY CONGRESS' ACTING CATEGORICALLY AS WE THINK CONGRESS HAS TO HAVE THE FLEXIBILITY TO DO, AND I THINK THE QUESTIONS IN THESE STATUTORY...
|
| 00:52:57 |
Unidentified Speaker, -
TO THE BURDEN ON THE MOTHER RATHER THAN RELIEVING THE FATHER OF IT, DO YOU HAVE AUTHORITY FOR THE PROPOSITION THAT WE CAN ADDRESS THAT ISSUE HYPE ...
|
| 00:53:33 |
Unidentified Speaker, -
OF CITIZENSHIP THAT THERE MIGHT BE A JUSTIFY CATION FOR THE -- JUSTIFICATION FOR THE COURTS DOING THAT. >> THAT WOULD BE IN EFFECT SAYING WE HAVE NO...
|
| 00:53:47 |
Unidentified Speaker, -
THAT THE COURT CAN MAKE. >> I SUPPOSE THAT WOULD BE ONE WAY OF LOOKING AT IT. I MEAN, THE COURT TRADITIONALLY HAVE LOOKED AT
|
| 00:53:55 |
Unidentified Speaker, -
QUESTIONS OF SEVERABILITY AS A QUESTION OF REMEDY AND NOT AT THE OUTSET, BUT THIS IS SURE TO BE A PEE COOL LAR SITUATION -- INTERESTING SITUATION. >>...
|
| 00:54:19 |
Unidentified Speaker, -
MAKE ANY CHOICE. ONE, WAS IT MATTHEW VS. HECKLER AND IT WAS A RARE CASE WHERE THE COURT EQUALIZED DOWN, BUT I DON'T KNOW ANY ONE OF THEM -- >> NO,...
|
| 00:54:42 |
Unidentified Speaker, -
A COMPLICATION WITH THE REMEDIAL APPROACH THAT CHIEF JUSTICE SUGGESTED. IF THE COURT DECLARED AN EXPANSION OF CITIZENSHIP, AND THAT WAS APPLIED TO...
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| 00:55:24 |
Unidentified Speaker, -
PASS HIS AMERICAN CITIZENSHIP ON TO HIS CHILDREN, AND WHEN WE TALK ABOUT -- WHEN WE TALK ABOUT CONGRESS' POWER OVER NATURALIZATION, IS THERE ANYTHING...
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| 00:56:00 |
Unidentified Speaker, -
THE COURT'S DECISION DISCUSSED THIS, BUT WE THINK IT'S CLEAR THAT THAT IS AN EQUALLY EXERCISE OF CONGRESS' NATURALIZATION'S POWER -- >> JUST LOOKING...
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| 00:56:26 |
Unidentified Speaker, -
INTO A LONG TALK ABOUT THE LAW INCLUDING CONSTITUTIONAL LAW, AND THEN SAYS AT THE END, WELL, YOU'RE NOT ENTITLED TO A REMEDY. >> THIS IS GOING BACK TO...
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| 00:56:49 |
Unidentified Speaker, -
JUSTICE. THE RATIONAL THAT THE SOLICITOR GENERAL OFFICE OVERS TODAY THAT
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| 00:56:56 |
Unidentified Speaker, -
FURTHER ASSUMPTIONS CAN BE MADE THAT EVEN AFTER MEN DO THE THINGS THAT THE COURT SAID WERE REQUIRED OF THEM THAT THEY HAVE AN OPPORTUNITY TO FORM A RELATIONSHIP...
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| 00:59:02 |
Unidentified Speaker, -
I AGREE THAT THE CONSTITUTION DOESN'T GUARANTEE THAT RIGHT. OUR POINT IS THAT IT'S A TRADITIONAL RIGHT, AND I THINK
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| 00:59:09 |
Unidentified Speaker, -
CONGRESS ALWAYS PROVIDED FOR IT IN 1802 AND 1805 WHERE THE STATUTE WAS DRAFTED AND DIDN'T PROVIDE IT, THIS COURT MADE CLEAR IN MONTANA VS. KENNEDY, ...
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| 01:00:24 |
Unidentified Speaker, -
AND POWERS, BOTH CASES WHERE THE CRIMINAL DEFENDANT ASSERTED -- ONE CASE IT'S A GRAND JURY AND
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| 01:00:31 |
Unidentified Speaker, -
THE OTHER IS A PETIT JUROR. THEY ALAWED THE CRIMINAL DEFENDANTS TO ASSERT THOSE CONSTITUTIONAL RIGHTS. SEVEN MEMBERS ALSO FOUND THERE WAS STANDING...
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| 01:01:09 |
Unidentified Speaker, -
O'CLOCK. >> I LIVE PICTURE OF THE U.S. CAPITOL HERE WHERE THE SENATE IS CURRENTLY IN A RECESS SUBJECT TO THE CALL OF THE CHAIR. EARLIER THIS
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| 01:01:19 |
Unidentified Speaker, -
WEEK LAWMAKERS APPROVED JACOB LOU TO HAVE THE
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NOTE: The transcript for this program was compiled from uncorrected Closed Captioning.