Amanda Nelson Returns for Supreme Court Week
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What is the main topic discussed in this episode?
Hey, everybody. Welcome back to the Find Out podcast. So we now have Tim, Rich, Zach and Luke. And we have a very special guest who is part of the Find Out Media family and has been on the show once before. Maybe one of our first return guests ever. Hey, Amanda. You know her as Amanda's Mile Takes. How are you today?
Is she still considered a very special guest?
Oh, I don't know.
She's like a regular special guest.
Yeah, we don't really have to butter her up anymore. She's part of the family now, right? Oh, God, Amanda's here. All right.
What do you have to plug? That was the last time, right? That you were on, right? It was after, I think, the national injunction, the universal injunction case.
I believe you.
Oh, so it's been that long. OK, I have no memory.
It was like July.
Three million of these shows so far. I can't keep them all track. But Amanda, we wanted you on one because we obviously want to talk about all these Supreme Court cases, which some are very, very good and most are very bad. But and then also we want to talk about your show that you are launching on July 4th. But we're going to tease that. We're going to start off with the Supreme Court cases. So yesterday, I think, was the final day of the session for the Supreme Court. So they can't hurt us anymore now that it's over. Not until October. But I do want to talk about the big one first, which is the good one, which is... both a good and bad thing that the Supreme court ruled six to three, or as some people have been saying five and a half to three and a half, uh, in support of birthright citizenship, which if you don't, haven't read that section of the constitution, it is about the clearest thing that you can read in the constitution.
And the Supreme court, there were three dissenting. Uh, one of them, Thomas wrote a 91 page dissent. Oh, 91 page. Yeah, he's got the pro plan. So he just fired that up. And, you know, these people who are called themselves either constructionists or originalists or whatever, all of a sudden want to interpret what the founding fathers meant, which I found to be quite interesting because we have said that about guns and we have said that about other things. And they go, no, no, no. So, Amanda, I'm going to start with you as our guest. What did you think of that ruling yesterday?
Well, first of all, it's difficult to be originalist with an amendment because an amendment by definition is anti-originalist. It wasn't written by the fucking founding fathers. I didn't ask if I could curse on this, but I'm going to.
No, you can't. And the Second Amendment is also an amendment.
The chorus of approval here is very nice. uh yeah it's impossible to be originalist with an amendment the the 14th amendment was a reconstruction amendment written a hundred years after most of the fucking founders had died so whatever anyway uh it's i'm actually a little bit more pessimistic about the ruling than i think you are kavanaugh's half dissent half concurrence um was an open door for congress to try to overturn birthright citizenship or chip away at it with statute instead of a constitutional amendment so that's immediately what they're going to start to try to do um It's too close. 5-4 for something like this. The plain language of the text is very clear. They're going to run it back, and then God knows what's going to happen.
This is something I was looking at this morning, though, is five justices, a majority of justices concurred with the majority opinion authored by the chief justice that did rule on constitutional grounds. They didn't just strike this down on statute and say, well, no, the EO is illegal or they need to word it differently. They went from the bottoms up and they said, no, the 14th Amendment says what we think it says. And it's in line with the INA where Kavanaugh ruled. He ruled based on the INA, which is a narrower approach, but that's also something that's common with the Supreme Court is they usually opt for the narrower approach versus the big sweeping approach. In this case, they didn't.
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Chapters
5 chapters
1
What is the main topic discussed in this episode?
0:08–5:55
2
What did the Supreme Court rule about birthright citizenship and why does the text matter?
5:55–10:55
3
How could Kavanaugh’s concurrence create a pathway for Congress to chip away at birthright citizenship?
10:55–27:11
4
How did right‑wing influencers like Matt Walsh and Stephen Miller react to the birthright citizenship decision?
27:11–42:37
5
Could the birthright citizenship fight split Republican donors and activists ahead of the midterms?
42:37–51:51