John Kennedy
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Podcast Appearances
And they could say, look, the government is violating circuit precedent on the hypothetical multiple circuits. That's the case we're going to take?
And they could say, look, the government is violating circuit precedent on the hypothetical multiple circuits. That's the case we're going to take?
Our general practice is to respect those precedents. But there are circumstances when it is not a categorical practice.
Our general practice is to respect those precedents. But there are circumstances when it is not a categorical practice.
Our general practice is to respect those precedents. But there are circumstances when it is not a categorical practice.
As I understand it, longstanding policy of the Department of Justice. Yes, that we generally, as it was phrased to me, generally respect circuit precedent, but not necessarily in every case. And some examples might be a situation where we're litigating to try and get that circuit precedent overruled and so forth.
As I understand it, longstanding policy of the Department of Justice. Yes, that we generally, as it was phrased to me, generally respect circuit precedent, but not necessarily in every case. And some examples might be a situation where we're litigating to try and get that circuit precedent overruled and so forth.
As I understand it, longstanding policy of the Department of Justice. Yes, that we generally, as it was phrased to me, generally respect circuit precedent, but not necessarily in every case. And some examples might be a situation where we're litigating to try and get that circuit precedent overruled and so forth.
And again, and I think in the vast majority of instances, our practice has been to respect the opinion as well. in the circuits as well. But my understanding is that has not been a categorical practice in the way respect for the precedents and the judgments of the Supreme Court has been.
And again, and I think in the vast majority of instances, our practice has been to respect the opinion as well. in the circuits as well. But my understanding is that has not been a categorical practice in the way respect for the precedents and the judgments of the Supreme Court has been.
And again, and I think in the vast majority of instances, our practice has been to respect the opinion as well. in the circuits as well. But my understanding is that has not been a categorical practice in the way respect for the precedents and the judgments of the Supreme Court has been.
That is correct. I believe the quotation from our application directly addresses that, and we stand by that completely.
That is correct. I believe the quotation from our application directly addresses that, and we stand by that completely.
That is correct. I believe the quotation from our application directly addresses that, and we stand by that completely.
I don't think they do anything different. What the executive order says in section two is that federal officials do not accept documents that have the wrong designation of citizenship from people who are subject to the executive order. How are they going to know that? The states can continue to, the federal officials will have to figure that out. How?
I don't think they do anything different. What the executive order says in section two is that federal officials do not accept documents that have the wrong designation of citizenship from people who are subject to the executive order. How are they going to know that? The states can continue to, the federal officials will have to figure that out. How?
I don't think they do anything different. What the executive order says in section two is that federal officials do not accept documents that have the wrong designation of citizenship from people who are subject to the executive order. How are they going to know that? The states can continue to, the federal officials will have to figure that out. How?
So you can imagine a number of ways that the federal officials could. Such as? Such as they could require a showing of documentation, showing legal presence in the country. For a temporary visitor, for example, they could see whether they're on a B-1 visa, which would exclude kind of the birthright citizenship and that kind of thing.
So you can imagine a number of ways that the federal officials could. Such as? Such as they could require a showing of documentation, showing legal presence in the country. For a temporary visitor, for example, they could see whether they're on a B-1 visa, which would exclude kind of the birthright citizenship and that kind of thing.
So you can imagine a number of ways that the federal officials could. Such as? Such as they could require a showing of documentation, showing legal presence in the country. For a temporary visitor, for example, they could see whether they're on a B-1 visa, which would exclude kind of the birthright citizenship and that kind of thing.