Trump administration's attempt to end birthright citizenship has once again been thwarted by a judge. Last month, the Supreme Court prevented federal judges from issuing nationwide injunctions. Those were used to limit executive power. [00:00:16] But the ACLU has found a way around the Supreme Court's ruling. And we'll explain all of the details in just a second. But what do you make of this new development, and how do you think it will end? Yeah, so it was kind of inevitable. [00:00:31] I'm very curious to see how Supreme Court is going to react to it. But there's a twist in this ruling that I'm a little bit worried about. It seems like a really good ruling. It's by a judge that was appointed by George W Bush. But hold for the twist. [00:00:47] Okay. Well, let's get into those details. Hours after the Supreme Court's ruling on nationwide injunctions, the ACLU filed a new lawsuit in an attempt to save birthright citizenship. The ACLU's lawsuit had proposed that all children born in the United States [00:01:05] after February 20th and their parents constituted a class. It warned that under the terms of Trump's order, people born to parents in the country unlawfully risked being rendered effectively stateless. [00:01:20] Federal Judge Joseph L LaPlante certified that as a class action lawsuit. However, LaPlante did limit the class to newborns specifically, not their parents, but all the same. The plot described the preliminary injunction as not a close call to the [00:01:40] court from the bench, noting that the deprivation of US citizenship and abrupt policy change pose irreparable harm. LaPlante has stayed his order for seven days, which leaves time for an appeal. [00:01:55] This seems somewhat clever. I think credit is in order for the ACLU. What do you make of this? Yeah. So ACLU, great work. And, it's obvious because it's Bruce says it right in the 14th amendment, if you're [00:02:10] born in America, you're a US citizen. So it's this is not really a case. And a lot of legal experts are saying the court could just rule on the face of this suit. It's absurd. So there is a way that they could just get rid of it entirely, but it's still [00:02:27] going to have to get appealed and and work through the court system, etc.. So, the one thing that the twist that I'm a little bit worried about, Jordan, is that a it might apply to the unborn children. It's a conservative judge. [00:02:43] And so I don't know if it will be taken as precedence to treat the unborn as if they're human and have constitutional rights. I hope it doesn't get interpreted in that way and is strictly about newborns, [00:03:00] but you'd really with the law, you really got to get into the nitty gritty and depending on how other judges take it in a different direction, etc., whether that that could be an issue. But I'm not positive about that in this ruling. But I am positive that it was absolutely necessary because remember, guys, [00:03:16] as we talked about last time, if, somebody gets if a baby is born here and you don't have birthright citizenship, then it's on the hospital to try to figure out the citizenship status of the parents. All right. Do you have a green card or a US citizen? How do I confirm your US citizen? [00:03:34] How do I know you're a legal resident? Do you have to bring in court proceedings saying that you got refugee status, just like, because there's a lot of different statuses. And so the doctors or the hospitals have to figure that out as tons of babies are getting born. And and then if you can't figure that out while it's going through the court system, [00:03:54] yes, all those children become effectively stateless, as the court said. And that's Absurd. I mean, what does it even mean to be stateless? Actually, it is a thing. The reason is the Palestinians are stateless, so they have no rights in any country they go to. [00:04:10] It's just it's the worst possible scenario. So you would have all of these kids that are born that are presumably American citizens, but we wouldn't know and they'd be treated like Palestinians. So God help them right by the world because they'd be stateless. [00:04:26] And then we'd have to go back and try to figure out through endless litigation, endless, endless litigation, whether they're citizens or not, citizens, what their parents status is, etc.. So in order to avoid a bureaucratic nightmare of epic proportions, [00:04:42] the judge had to rule this way. Yeah, I think it's a good point about putting the doctors or the nurses, the medical staff in that position to determine citizenship. That's not something that would lead to responsible or thorough row [00:05:01] or the best possible outcome for a kid. And as we've seen in other aspects, other areas of our society that have been a target for the right, for instance, you know, child care or gender affirming care, for, for trans people, it's not just that the right has gone after trans people, [00:05:20] they've also gone after the doctors administering that care. And as the fervor intensifies over this type of stuff, if if we do find ourselves in that scenario, God forbid, I wouldn't put it past the right to start zeroing in and singling [00:05:36] out doctors for misapplying nationality or place of origin of their parents. I just I think it's going to create a monster headache and potential consequences for these medical professionals who shouldn't be in that position to begin with. [00:05:52] And this is a problem the right has created. This is, like you say, explicitly laid out in the 14th amendment. We shouldn't be here. This shouldn't be a question. And while I again, I applaud the ACLU for this legal maneuvering [00:06:09] to try to protect birthright citizenship, it's ludicrous that they even need to reach to this to we have reached this extent that you need to file a class action lawsuit to preserve a constitutional right. I don't know what to make sense of it. [00:06:25] Jake, anything else before we go to our next story real quick? Last things here. There's a couple of things that are patently obvious from this. So why did this come up in the first place? Definitely a radical right idea. There's no dispute about it. It's not like the left is asking for it or the middle is asking for it. [00:06:41] No, it was a radical right idea that, hey, maybe if, if you're born in America, we should ignore the 14th amendment and not let you become an American citizen. Okay, so that's indisputable that it was their bad idea. So now the good news is a country united in a sense, because that's the ACLU largely on the left, although sometimes they actually agree [00:06:59] with the right in some bizarre ways. That drives me crazy, but anyways. But very much considered on the left and a and a conservative judge going yeah, the 14th amendment is not unclear. So great. That's the court's holding. And then the last thing that's clear from this is guys remember [00:07:16] even if you're in the radical right and you're like are American citizens. Absolutely. And if you're not an American citizen, I don't care if you have a green card. I don't care if you're a day from being naturalized as a citizen. You have no rights, I hate you, etc.. Okay, all good and fine. But when the hospital asks you okay. [00:07:31] Yes, but are you US citizens? Because we got to figure out what your kid is and you say yes. Then they say, well, how do I know? The last guy said yes to. And the guy before him said yes. Everybody said yes. So now I have to go and try to figure out if you're a US citizen or not. [00:07:46] And I got to investigate you. What is this? It's crazy. And it's definitely not America. So all of that is clear. Every time you ring the bell below, an angel gets his wings. Totally not true. But it does keep you updated on our live shows.