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Josh Hammer

๐Ÿ‘ค Speaker
See mentions of this person in podcasts
391 total appearances

Appearances Over Time

Podcast Appearances

The Charlie Kirk Show
This Is What "Flood the Zone" Means

But it does not reach beyond the ambit of the named defendant and the named plaintiff there. This is a modern thing. The There was no such thing as a nationwide injunction until the 1960s. That was the very first recorded instance of one in the late 1960s, I think during the Lyndon Johnson presidency, maybe even the Nixon presidency there.

The Charlie Kirk Show
This Is What "Flood the Zone" Means

But it didn't explode into being until the very, very latter years of the Obama presidency and then really in actuality during the Trump presidency. This became a thing due to partisan lawfare. It is just lawfare by any other means. They lost the law fair against Donald Trump the last couple of years with Jack Smith and Fannie Wills and Alvin Bragg.

The Charlie Kirk Show
This Is What "Flood the Zone" Means

But it didn't explode into being until the very, very latter years of the Obama presidency and then really in actuality during the Trump presidency. This became a thing due to partisan lawfare. It is just lawfare by any other means. They lost the law fair against Donald Trump the last couple of years with Jack Smith and Fannie Wills and Alvin Bragg.

The Charlie Kirk Show
This Is What "Flood the Zone" Means

And now they're basically just trying law fair by any other means. So SCOTUS has the ability here. They have every ability in the world to say the nationwide injunctions are not a thing. Additionally, I'll say this as well.

The Charlie Kirk Show
This Is What "Flood the Zone" Means

And now they're basically just trying law fair by any other means. So SCOTUS has the ability here. They have every ability in the world to say the nationwide injunctions are not a thing. Additionally, I'll say this as well.

The Charlie Kirk Show
This Is What "Flood the Zone" Means

Congress, Congress, which is currently governed by Republicans, last I checked, they have a ton of power, a ton of power to reign in the lower courts basically in any way possible there. These lower courts, Charlie, I clerked on one. I clerked on the Fifth Circuit based in New Orleans, Louisiana. All these lower courts actually don't even have to exist. They solely exist at Congress's discretion.

The Charlie Kirk Show
This Is What "Flood the Zone" Means

Congress, Congress, which is currently governed by Republicans, last I checked, they have a ton of power, a ton of power to reign in the lower courts basically in any way possible there. These lower courts, Charlie, I clerked on one. I clerked on the Fifth Circuit based in New Orleans, Louisiana. All these lower courts actually don't even have to exist. They solely exist at Congress's discretion.

The Charlie Kirk Show
This Is What "Flood the Zone" Means

The only court in America that has to exist is a Supreme Court there. They can also take very petty, retributive, punitive action, Congress, if they want to. So one kind of funny example that I like to use, if Congress wanted to say that you, Mr. Justice or Mr. Judge, are not allowed to use taxpayer dollars to dry clean your judicial robe just as a way to humiliate you or embarrass you,

The Charlie Kirk Show
This Is What "Flood the Zone" Means

The only court in America that has to exist is a Supreme Court there. They can also take very petty, retributive, punitive action, Congress, if they want to. So one kind of funny example that I like to use, if Congress wanted to say that you, Mr. Justice or Mr. Judge, are not allowed to use taxpayer dollars to dry clean your judicial robe just as a way to humiliate you or embarrass you,

The Charlie Kirk Show
This Is What "Flood the Zone" Means

They can do that. Congress has the ability to regulate the lower courts a lot. And frankly, I think it's about time that they do it. Judicial impeachment as well, I think, would be another very, very powerful tool. That day has probably come. We really should see those impeachment articles filed ASAP, I think, from Jim Jordan and House Judiciary.

The Charlie Kirk Show
This Is What "Flood the Zone" Means

They can do that. Congress has the ability to regulate the lower courts a lot. And frankly, I think it's about time that they do it. Judicial impeachment as well, I think, would be another very, very powerful tool. That day has probably come. We really should see those impeachment articles filed ASAP, I think, from Jim Jordan and House Judiciary.

The Charlie Kirk Show
This Is What "Flood the Zone" Means

Well, they would have to be convicted by the Senate. So that's, you know, therein lies the rub. Right. I mean, the votes may or may not be there in the Senate. I'm not going to confident confidently predict that the votes. would in fact be there. But at a bare minimum, I think it would be a serious black mark there. And, you know, look, judges are people that went to law school.

The Charlie Kirk Show
This Is What "Flood the Zone" Means

Well, they would have to be convicted by the Senate. So that's, you know, therein lies the rub. Right. I mean, the votes may or may not be there in the Senate. I'm not going to confident confidently predict that the votes. would in fact be there. But at a bare minimum, I think it would be a serious black mark there. And, you know, look, judges are people that went to law school.

The Charlie Kirk Show
This Is What "Flood the Zone" Means

They climbed through the ranks of the legal profession there. They do care about things like black marks. It is an actual kind of notch on the resume. Right.

The Charlie Kirk Show
This Is What "Flood the Zone" Means

They climbed through the ranks of the legal profession there. They do care about things like black marks. It is an actual kind of notch on the resume. Right.

The Charlie Kirk Show
This Is What "Flood the Zone" Means

So, I mean, even if it is purely symbolic, if it dies in the House, it is not even taken up by John Thune, although I think it probably would be taken up at least in the Senate there, you know, bring it to a vote at a bare minimum, get Democrats on the record.

The Charlie Kirk Show
This Is What "Flood the Zone" Means

So, I mean, even if it is purely symbolic, if it dies in the House, it is not even taken up by John Thune, although I think it probably would be taken up at least in the Senate there, you know, bring it to a vote at a bare minimum, get Democrats on the record.

The Charlie Kirk Show
This Is What "Flood the Zone" Means

At a bare minimum there, it would be at least a pretty sizable, symbolic shot across the bow against one of these activist left-wing lower court judges there. And it would be a nice civics lesson, frankly, for the American people as well.

The Charlie Kirk Show
This Is What "Flood the Zone" Means

At a bare minimum there, it would be at least a pretty sizable, symbolic shot across the bow against one of these activist left-wing lower court judges there. And it would be a nice civics lesson, frankly, for the American people as well.

The Charlie Kirk Show
This Is What "Flood the Zone" Means

So there's โ€“ I think it's in all three branches at once gang up on these rogue lower courts. So we can start with the United States Supreme Court itself, and then we'll kind of work our way backwards from Article 3 to Article 1, I suppose. So we'll start with Article 3 there.