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BREAKING: 5th Circuit Says Planned Parenthood Can Be Defunded

Jay Sekulow LIVE! / Jay Sekulow
The Truth Network Radio
November 24, 2020 12:00 pm

BREAKING: 5th Circuit Says Planned Parenthood Can Be Defunded

Jay Sekulow LIVE! / Jay Sekulow

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November 24, 2020 12:00 pm

BREAKING: 5th Circuit Says Planned Parenthood Can Be Defunded. We discuss this and more on today's show.

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Breaking news today on Jay Sekulow circuit court of appeals is Planned Parenthood being funded by the states talk about that and where it goes next day on Jay Sekulow live live from Washington DC on your questions right now. Major victory following another project yesterday that was six circuit appeals. This is in the fifth circuit Court of Appeals, en banc, this is this is huge froze because this is been the case that's been fought since the Obama administration states taking the pro-life battle to the federal courts and now with the changes on the federal courts walk-throughs there in a minute. You've got a significant victory in the Fifth Circuit Court of Appeals that through Medicaid funding states do not have to use Medicaid funding they can cut off Planned Parenthood through Medicaid funding.

This would affect Texas, Louisiana and Mississippi is date back.

These challenges date back to 2015 there's been a significant change seat.

When it was a three-judge panel on the Fifth Circuit Court of Appeals Texas and Louisiana lost.

They said you can't cut off that funding to Planned Parenthood but that didn't went on en banc and let me explain why it's so different it's a credit to present trump the credit to Senate Judiciary chair Lindsay Graham getting these nominees confirmed the courts personnel has changed a lot since these cases were first brought in 2015. Now six nominees of Republican Pres. Donald Trump sit on the court for the participated in Monday's case in all four joined Judge Priscilla Owen's opinion for an 11 member majority. It was 11 I think 11 to 5 in that decision. This is a huge pro-life victory. It sets the stage for how states can defund Planned Parenthood through a Medicaid which is a plywood which is a program that the federal government and the states administer together through a mixture of funds and I want to write a thin bit Washington DC then this is a testament to what present.

Trump is been able to do with judicial nominees. Working with Sen. Lindsey Graham, the chairman of the Judiciary Committee. Of course, Mitch McConnell, Senate majority leader, and there's more work to be done. Tell people about the numbers that have been confirmed and the numbers that will likely be confirmed.

Even if I don't. Like to hear it.

But even if this is the end of the present even if the President does not get a second term. Tell people the numbers it will still get confirmed to the courts yet. This is Artie been a generational impacting legacy for resident front door. There's just no way about no other way to describe their been 227 federal judges confirmed under the Trump administration through the United States Senate. Three of them to the Supreme Court of the United States 53 Jordan at the US Circuit Court level, which is the level that were talking about today hundred and 68 District Court judges and then three judges to the international trade court and Jordan your item in this impact.

It's not done yet because the Senate is still in session, the President's term, his first term is not over until January 20. There are six District Court judges there awaiting confirmation votes in the floor of the Senate there queued up leader. McConnell has been ready to go. And then there are 23 judges still in committee that are being processed as we speak. Getting prepared to send to the Senate floor and Jordan I would just note to have them particular we talked about how Pres. Trump has left no vacancy out on the Circuit Court level a tremendous accomplishment. There are now two fresh vacancies. One is for Amy Connie Barrett seat on the Seventh Circuit and the other one is on the First Circuit where a judge passed away so Jordan those two nominations have been made there. Moving forward, and if confirmed Jordan that would make 55 Circuit Ct. judges nominated by present trump and confirmed by the United States and we get into how it impacted this case are talking about today but I'll just say this for this case and many others. Jordan, this is one of the legacies that we at the ACLJR to be standing on and working with for generations to come.

Right folks, we are going to be take your phone calls 100-684-3110 at 2000 684-3110 Frank Manion and Jeff Sir Teasley joining us a seal chasing your councils about these major pro-life victories back to back in the Sixth Circuit in the Fifth Circuit. What this means going forward to the US Supreme Court.

And of course the ACLJ's work as a matching challenge month and the month of November. Whatever you're able to donate to the ACLJ we got a group of donors and say whatever comes in the month of November. We will match those donations donate today. Double your impacted ACLJ.org the American Center for Law and were engaged in critical issues at home and abroad. Whether it's defending religious freedom detecting those persecuted uncovering corruption in the Washington bureaucracy fighting to protect life courts and in Congress ACLJ would not be able to do any of this without your support for that. We are grateful. Now there's an opportunity for you to help me way limited time you can participate in the ACLJ's matching challenge every dollar you donate $10 gift dollar gift becomes 100.

This is a critical time for the ACLJ the work we simply would not occur without your generous support in our matching challenge make a difference in protecting the constitutional and religious freedoms gift today online ACLJ only one. A society can agree that the most vulnerable invoice is, is there any hope for that culture to survive.

And that's exactly what you are saying when you stand with the American Center for Law and Justice, defendant the right to life, we've created a free powerful publication offering a panoramic view of the ACLJ's battle for the unborn is called mission life will show you how you are personally publication includes a look at all major ACLJ were fighting for the rights of pro-life activist ramifications 40 years later, and parenthood's role in the Obama care means to serve the many ways your membership is empowering the right question for mission life today online ACL/Jay Sekulow life is secular.

We are take your phone calls at 161 to this is breaking as if you're just joining us another. This is not a repeat of yesterday's broadcast that was out of the Sixth Circuit Court of Appeals. Another major pro-life victory out of the Fifth Circuit Court of Appeals, en banc panel and this en banc panel 11 member majority Judge Priscilla when writing the opinion of for that en banc panel four of the dominant by the way for the judges, the participated that en banc panel truck nominees nominate six to this court wanted to be recuse one join the court too late, but it just shows you have the courts arch have been changed and are still in the process of that change. We dug out, they admitted there still more nominees that will be confirmed regardless of who becomes President in Inchon in January that there will be more Trump nominees confirmed to the federal bench.

Frank Manion is joining us again senior counsel with the ACLJ because Frank I want to take people through again what happened yesterday in the Sixth Circuit and then what happened today in the Fifth Circuit.

These are battles that we have been fighting Frank for a number this one this this case, the Fifth Circuit dates back to the Obama years of 2015. You're making know that pro-life victories don't come overnight that we were getting very many pro-life victories free cases because it's the right thing to do. We make the arguments we going to court would get shot down. But with this latest batch of appointments that were saying to the federal courts of appeal. It's a whole new day.

Whatever end up happening at 1600 Pennsylvania Ave. like litigators.

It is morning in America and it looked like it going to be that way for a long time to remember federal judges have lifetime appointments for office every four years or every eight years there. There they want them.

There is a whole new date two days in a row were talking about Court of Appeals pro-life victories. This unprecedented suit.

Yesterday's retreat explained that this need say that was at the Sixth Circuit Court of Appeals.

We were asked by the dictates of the Tennessee we were asked by the Tennessee Atty. Gen. directly from the ACLJ to get involved.

Write a brief amicus brief in that case, tell explained just quickly that victory in the will move on to the new victory today right and that the court ruled in favor of the state of C with regard to its ban on abortions for our race, gender and Down syndrome diagnosis again or Court of Appeal decision about their to go the other way, but this is a new day and and this is a huge victory for the cause of life and today we get news out of Texas out of the Fifth Circuit that the state of Texas and Louisiana are allowed to disqualify Planned Parenthood is a Medicaid provider. There are Courts of Appeals around the country like majority of them go the other way. The Fifth Circuit now joins the Eighth Circuit, which of course accepted the classic circuit split which is the kind of case the Supreme Court take these. This is important happening four years ago two or three years ago before some of these recent appointments actually got on the bench but we are seeing a whole turnaround in federal courts are going to do with the issue of life and the other thing to remember is these cases built on factual records that the ACLJ litigation over the years, sometimes even losing litigation has established the case of Louisiana are based on the CMP videos medical progress. We represented a board member of the center of medical progress. There were cases filed in Texas against Planned Parenthood for billing practices that we were involved in years ago. All of these are part of the case that we saw today out of Texas and Louisiana. And that's kind of the nature what we do happen overnight but were now seeing the fruits of our labors. Finally, the Sixth Circuit now to the Fifth Circuit. This is en banc panel to cases in Texas and Louisiana but also affects Mississippi now there there there opinion and tell people about this and we we briefly told people that this is a way that states can actively defund Planned Parenthood tell people about this victory because it took going to the en banc panel of the Fifth Circuit argued the state lost 77 en banc made all of the particular circuit normally Court of Appeals make decisions based on three-judge panel when there's an issue of exceptional importance that more members of the court think that they need to weigh in on they convene the entire court will be en banc court in this case it was. I believe 16 judges will a few years ago for the recent appointments. The case law*side lost 77 and and now we have an 11 the five victory shows the importance of judicial appointments to become stand. We look at this present trumps nominated and confirmed six new judges to the Fifth Circuit for them are participating yesterday. I one had recuse one join too late, but there are more coming as well to the federal bench. I mean this is again it's breathing new life into the battle for life that the ACLJ is been engaged in since our founding helicopter country door 91st of all, there are three circuit courts that have flipped majority is out right. The second the third and the 11th. There's another court, like the ninth which notoriously is been the most circuit of the most difficult Circuit Court for us to litigate in that the 10 of those 29 judges have now been nominated by Pres. from Jordan we seen good rulings come out of there because they know the closer that spread is the more likely it is that you're going to get a good draw on it and then you have cases like the Fifth Circuit that Frank just talked about where it's not necessarily been a flip but it was a draw in the last time the same case was heard and now it's an overwhelming 11 to 5 when in Jordan that was without one of the truck nominees even getting to hear the case because of joining it too late and another being recuse adjust dramatic improvement and again you want to talk about continuing to work through the end of the deadline here because the Senate is still in session there going to be in session through Christmas mostly and they have a number of these hearings that still have to be moved out of committee and then onto the floor. So there's a lot of other things that were looking at Jordan and this is something that you and I discussed yesterday, there's the ongoing election litigation. There's the potential transition that's moving forward of the Jordan as Frank mentioned, these are judges that would have lifetime appointments on the federal bench. They been nominated by present trumps. They are currently sitting in the United States Senate in the United States Senate has full constitutional authority to consider them and confirm them and no matter how those other things shake out. Jordan. They would sit on the federal bench for the rest of their lives or until they retired. That is absolutely something that is worth fighting for any yields Jordan, the results that you talked about yesterday and were talking about again today I would say that you these cases, Frank.

To me it just underscores how you can continue to fight for life and see victories regardless of who's in the White House in January that the states began this battle under the Obama administration a hostile administration to life. We may have another hostile administration to life.

We don't know yet we might in the buying administration. If we do so, these are these are battles that are waged in court and the courts have been fundamentally changed because of what present. Trump is done and and were able to take a much more kind of aggressive approach to these cases across the country because other states will now look at this. States that have paperlike majorities in their state legislatures, their governors and say you know what these are, just to be case is weak legislation that we pass because we feel like it's the right thing to do their work in a petrified out-of-court and probably likely lose. Now it's it's hey we can fight this out important and likely went what you have any meetings or phone call to Lebanon over the years with your dad, and others of the ACLJ were we talked about where we could bring the case but will lose. Let's save our ammunition for another court tomorrow.

It's a whole new day, a chance in basically every single Federal Circuit. Now that we didn't have before excited about what you just said there is so important to get every Federal Circuit. It's not like the Ninth Circuit is not the Ninth Circuit of 2012 was for that way.

Frank exactly but the idea of bringing it case on behalf of life and the Ninth Circuit in past years was just sort of tilting at windmills when there's nothing wrong with tilting at windmills when once in a while I think we finally have a chance to do that is a good chance when he states can defund Planned Parenthood and by the way there defund Planned Parenthood because it utilizes videos they saw how Planned Parenthood was miss you using funds in carrying out abortions the wrong way so they could sell the body parts, things like that of aborted babies. That's what the states base their defunding on why are they defunding this way I through Medicaid and then got en banc panel saying you can do that now and you can do that now in Texas and Louisiana and Mississippi. I think it will encourage other states to to pass similar laws will be challenged by Planned Parenthood. But they know they've got a much more friendly. It's not 100%, but a more friendly federal court system. And of course retired by the next segment all the way to the top at the Supreme Court to so Frank just quickly I think this this just it kinda shifts how, in that when were working all these cases, but it shifts how will be approaching even regardless of who the President is how will be approaching these cases in working with state legislatures and governors that are pro-life to get things done really think about that thing free for joining us again today Jeff Sir Teasley join us next segment talk about how this may end up at the US Supreme Court understand that folks. It's a new day and a new battle.

Let's be ready for the battle was berated file was be ready to assist those states and those governors support the work of ACLJ pro-life cause. One of our top causes building today ACLJ.org only one. A society can agree that the most vulnerable invoice.

Is there any hope for that culture to survive. And that's exactly what you are saying the American Center for Law and Justice right, we've created a free powerful publication offering a panoramic view of the ACLJ's battle for the unborn Gold like it will show you how you personally. Publication includes all major ACLJ were fighting for the rights pro-life activist ramifications 40 years later, when Obama care me in many ways your membership is powering the right mission in life today online/the American Center for Law and engaged in critical issues at home and abroad.

Whether it's defending religious freedom. Protecting those covering corruption in Washington fighting to protect life in the courts and in Congress. ACLJ would not be able to do any of this. For that we are grateful to others and help way you can participate in the ACLJ's matching challenge every dollar you donate $10 gift $50 gift becomes 100. This is a critical time for the ACLJ. The work we simply would not occur without your generous matching challenge make protecting the constitutional and religious freedoms.

Today online okay Jay Sekulow your phone calls your life a 164 3110.

I want to remind people that they swung to get that information out about the back to back pro-life victories in the Sixth Circuit in the fifth circuit court of appeals heard from Frank made me this is this is kind of a new day for the pro-life movement when it comes to battling in court supporting good state legislation. We work with states all the time on this legislation to make it the best possible because we know will be challenged in court, so getting it ready in the case of the Sixth Circuit. Of course we worked with at the Tennessee Atty. Gen. directly assess to come and be involved.

This case, the Fifth Circuit expected 2015 and the states kept going back kept fighting and that the judiciary significantly shifted within the Fifth Circuit to a point where when it went en banc was at the three judgment went en banc 111 to 5 to be able to to stop funding to build a defund Planned Parenthood through Medicaid.

Jeff Sir tees. Also, senior counsel with us. The ACLJ works a lot of pro-life issues away.

This is also joining us right now if you want to talk to us very got questions about this. 164 3110 because Jeff what I want to focus on with you is after he discusses with Frank is that ultimately these cases that involve the abortion issue make their way almost all the time to the US Supreme Court. Do you see this that that the case retirement today that I Fifth Circuit and likely the one on the sixth Sixth Circuit to ultimately being before the Supreme Court from Court of Appeals regarding Planned Parenthood funding. We now have what we call a split in the circuits regarding that issue. Whether or not Planned Parenthood can sue under federal law to question a states determination that they are no longer a qualified provider under the Medicaid law circuits where you got the Fourth Circuit six the seventh in mind that all, saying that Planned Parenthood does in fact have that right now with the Fifth Circuit's decision, you got the Fifth Circuit Court of Appeals. You got the Eighth Circuit Court of Appeals, saying that no Planned Parenthood have that right now because were dealing with the interpretation of federal law. And because we have a clear split in the circuits with the majority of the circuit courts of appeals having ruled on this very issue. The Supreme Court is much as it wants to shorter avoid controversy at times is not taking an activist approach to these things. It's not going to be able to ignore this issue much longer and I imagine that if Planned Parenthood, Planned Parenthood does go ahead and follow certain Sir petition with the Supreme Court that the Supreme Court is not going to turn away that Sir petition, but that's a strategy position.

The plan, but it has to make were now looking at with Justices Dorsett Cavanaugh Barrett now on the court that got me wondering whether or not they have a chance before the United States Supreme Court to prevail on the on that issue and if they take that case up to the Supreme Court and they lose that directly undermine the victories that they have scored and all those other circuit courts of appeals that I've mentioned going back to what you were talking about earlier with the legacy of Pres. Trump and hopefully this legacy will then you has been enormous.

Now that we have one third of the United States Supreme Court, having been appointed by Pres. Trump Circuit Court judge it's been appointed by Pres. Trump to major shift in an template you just made and we are taking people's phone calls a limited run on Facebook Jesus in Sacramento.

Thank you ACLJ for the work you do to protect the pre-born. We appreciate that, Linda. We appreciate you listening in your support, but but I will go back to his now Planned Parenthood us to make a decision that is not be so difficult for them which is Jeff they take it to the Supreme Court and Supreme Court Ct. rules against them and says yes. States can do all the states can do what Texas and Louisiana did. Then there's about 26 states I can point you right now because the Republican state legislatures and governors who would probably knowing that is not can face the kind of that they got Supreme Court precedent backing them. If Planned Parenthood loses that this could be where more than half the states in the country are able to defund Planned Parenthood through Medicaid or if it's this the sex selective abortion out of that, the Sixth Circuit or down syndrome focused abortion on the six circuit they have a different calculation to make different calculation Planned Parenthood runs to the court here used to be the knee-jerk reaction with these types of issues. The Supreme Court ruled against parenthood and no note of the Supreme Court going to do, but if you're to read the tea leaves. I think at least the state of Texas. You have a very good chance indeed. Then Planned Parenthood stands to lose a lot of the victories that it is one in these other circuit courts of appeals, Planned Parenthood will have an uphill battle in other states are Republican run states that want to go forward with defunding Planned Parenthood so they have a huge strategy decision to make here, given the fact that one third of the Supreme Court is not our now prompt appointee, and you know that further emphasizes the issue going back to the Court of Appeals judges themselves as you were discussing with Frank earlier on the show used to be that well and circuit Ninth Circuit at one time the Sixth Circuit Fifth Circuit at one time just really didn't have a very good shot. If you are engaging in pro-life litigation and now it's a new day no circuit courts of appeals so Planned Parenthood is a big old decision to make here and this is why going back to what you been talking about with on the radio and previous episodes. This is why… Special luck special elections in Georgia matter so much that the Democrats control of the Senate with assuming Biden does become President.

Of course we don't know that that for certain yet than those judges and their judges through is well court packing question which again would take action by Congress, and we know this to me through YouTube? Can Joe Biden packed the court well. A lot of that. I mean, just you just mentioned a minute then this is a lot of that will be based on whether where the Senate goes and these are Georgia runoffs because it's not going to happen if it's Mitch McConnell and control the US Senate Republican majority, and it might. I don't know if he could happen with a just a one or two seat majority. But we do know Stan that Joe Biden has pledged to put together a committee to look at increasing the numbers of this reports he's looking at both of these issues are absolutely on the ballot in Georgia. Jeff is absolutely right. If Democrats pick up both of those seeds and any Biden administration would take the White House, Jordan, there is no doubt that a legislative filibuster and then a court packing scheme would be on the agenda. Now we know from previous efforts on this exact issue that it can be hard with the narrow majority, you know, Sen. John McCain infamously denied the defunding of Planned Parenthood. Through his vote in the reconciliation process majority. That process would be open to Democrats in that scenario and just you know started to tie these issues together. This this is exactly why I have always believed that this state-based effort to defund Planned Parenthood through the Medicaid process was always the most likely to succeed Jordan because it's the one other doesn't have to go to the United States Senate. It doesn't have to get a narrow majority which is which can always be difficult, and Jordan. It still represents the vast majority of federal funding that eventually flows the Planned Parenthood to look outside of that court packing and this defunding of Planned Parenthood both on the ballot in Georgia come January limitation. There's a reason why folks and I go to Jeffrey we had 10 seconds for Jeff, but there's a reason why we should fill that seat before the election with Judge Barrett now just despaired on the Supreme Court, and that was a blessing and Amy now on. That's why we work so hard to fill that seat pre-election second half hour coming up Jay Sekulow I think Jeff searching for joy is fragmented for joining us I'm taking your phone calls of 164 3110 Harry Hutchinson will be joining a civil record now as well in some of these lockdowns Maceo JW impact matching challenge month ACLJ.org today the American Center for Law and critical issues at home and abroad for limited time you can participate in the ACLJ challenge for every dollar you donate $10 gift becomes 20 oh $50 gift becomes 100 make a difference in protecting the constitutional and religious freedoms to you and your family today. Online okay live from Washington DC and Jay Sekulow like this Jordan. Second, we are to your phone calls they wanted hundred 6031 two was great going by Frank Manion again today and Jeff's 30s.

Another huge pro-life victory. If you just joining us this one out of the Fifth Circuit.

We talked about one of the Sixth Circuit yesterday. This is out of Fifth Circuit. This is new folks that you can pro-life victories and en banc panels with new circuit courts of play in the Fifth Circuit saying states can defund Planned Parenthood through Medicaid. They don't have to fund through Medicaid. In the end, this affects Texas, Louisiana and Mississippi and en banc panel so it will likely head to the Supreme Court, but as Jeff's 30s or senior counsel mentioned in Jeff and Frank focus so much on the pro-life issues that if this playpen is to make a different calculation now that Pres. Trump has put Gore since Cavanaugh and Barrett. Let me underscore that Barrett on the bench of the Supreme Court because if they lose Planned Parenthood at the Supreme Court. States have the President to go away and not have to worry about the legal challenges so much to do exactly what Texas and Louisiana have been fighting to do since we been out with that fight. Since 2015.

So, since the Obama administration and it underscores to you what how you can move forward in these battles regardless of if you got a friendly administration like the Trump administration or a hostile administration like the IA Biden administration because these battles underscore that in and stand this to me. I think it just breeds new life into the pro-life effort takes down to the state level in the federal courts and of course it is very important to see that those albums Georgia Senate races explained that the people to his work on a forward-looking year to January 5 how those Georgia Senate races impact this directly to the where government is set up Jordan. As you know, I mean some of these issues, see someone in administration changes some carryover like the legacy of the federal judiciary all these judges will continue so they will continue to hear cases.

Cases like the ones were talking about today and then on something.

Jordan there's an overlap and that's where the kid the races in Georgia come in if Democrats were to pick up both seats in the state of Georgia that would make a 50-50 split in the United States Senate and, if present, VP Biden prevails and there is a Biden administration that would give the Democrat party control of the White House, the Senate and the United States house on the issues that it takes legislative action, which by the way the issue were talking about today has a legislative component they could go in and try to eliminate the state's ability to defund Planned Parenthood through Medicaid through legislation. Jordan.

They could say they could change the legislation that authorizes Medicaid and say that playpen Planned Parenthood and others that are situated like it must receive those dollars. There is a lot of discretion to states right now and that's why we were able to litigate in that space or Jordan while were in this posture. If we don't know exactly what next year will look like. It's why it's so important that we focus on both the Senate also the federal judiciary.

While we wait to see what takes place and in the in the election in Georgia substantively lose make this comment on this case. There are limited Medicaid dollars available to the states. So of course they should be evaluating whether or not they want to spend those limited dollars on a life ending procedure when they have an obligation to spend them on life saving procedures. This there's a lot of substance here.

Other people think. I don't think about Geordie is the next segment to any give or take your phone calls at 164 3110. If you have questions about this or other issues, 100-684-3110 Harry Hutchinson from our pot legal policy team will be joining us.

The ACLJ is putting together this forward-looking plan for 2021 and beyond. Harry's kind of leaving that charge, easy to explain that you about how the ACLJ is comparing for the future and then in the for in the final say. The broadcast record now are a special advisor for national security and foreign policy, but he's going to be joining us on the lockdowns. He is in California and he's experiencing it directly, but some of these lockdowns that are affecting Thanksgiving and travel. And you know seem very much not American.

Let's put it that way.

You have police knocking on your door to you and we family numbers you have in your house that kind of thing legislation. The Dow Jones industrial is 30,000 for your 401(k)'s doing pretty good right now. The stock market up was 500 points today will be back on Jay Sekulow live the American Center for Law and solutions at home and abroad. Whether it's defending religious freedom. Protecting those covering corruption in Washington fighting to protect life and commerce.

ACLJ would not be able to do any of this or that. We are grateful to help me way limited time you can participate in the ACLJ challenge every dollar you donate $10 gift becomes 100. This is a critical time for the ACLJ simply would not occur without a court or matching challenge make protecting the constitutional and religious freedoms online.

Okay only when a society can agree that the most vulnerable invoice. Is there any hope for that culture to survive. And that's exactly what you are saying the American Center for Law and Justice, defendant the right to life, we've created a free publication offering a panoramic view of the ACLJ's battle for the unborn will show you how publication includes all major ACLJ fighting for the rights pro-life activist ramifications 40 years later, when Obama care me in many ways your membership is powering the right mission in life today online/Jay Sekulow your phone calls 100-684-3110. I know many of you some many of you will still be traveling fact that these the busiest travel time since Cove it in the nation's airports right now so people are kinda sick and tired of the lockdowns. They understand the risk and cost-benefit analysis.

They need to make and I know to like it was if you got a flu and you have the time you covert testing you're going to potentially see for members who are elderly or who are dealing with any had a diseases think twice about that right now or try to get a covert test before you know that that's important to do at the same time these lockdowns, which were to talk about with Rick are now in the next segment broadcaster Rick will be joining us because he lives in one of the states is the most lockdown right now many a curfew from 10 o'clock at night to 6 AM. I mean, that's really early and it effects a lot of people, especially during the holiday but he retirement that would recruit now, but Harry Hutchinson joining us in the studio right now kind of looking at the victories that that we have seen this year at that the ACLJ and the work that we have done it also had a forward-looking as well into 20, 21 because were preparing for that as well. Harry just to start with some of those victories and we are talking much of some of them and that the life issue, but it's it said been more than that absolutely. So the ACLJ has been very very active within the educational arena. We have gone to bat for parents who have children who have been if you will, placed in a difficult bombing by the coronavirus shutdown so many schools have been shut down. In addition, some parents have lacked sufficient resources with respect to virtual learning we've gone to bat for over 1900 families who have been adversely affected by this shutdown. We've issued numerous letters in California, Michigan, Georgia, Nevada and Nebraska.

We've also launched a school choice initiative and as part of that school choice initiative.

We've participated through an amicus brief in an important case before the United States Supreme Court. Espinoza versus Montana. Basically, the state of Montana had what it might be called a blame amendment which prevent prevents a parochial schools from receiving state aid that decision by the United States Supreme Court opens the door to school vouchers in the state of Montana and hopefully throughout the United States. We've also participated in two other Supreme Court cases before the United States Supreme Court involving education. Our Lady of Guadalupe Bay and St. James school versus real in both both cases the essential issue was whether or not the state had two different I'm sorry the litigant had to defer to the school's decision-making under the so-called ministerial exemption. Again, we prevailed in that particular case, we wrote a brief suggesting that second-guessing the school's assessment about whether the teachers were ministers was wrong because it violated the religious autonomy principle, so we had a vindication in that particular area. As you've already indicated Jordan had a number of pro-life victories we've helped initiate and write pro-life legislation and a number of states. We've also worked heavily with the proper administration to appoint and confirm numerous federal judges, and so our victories go on and on in terms of religious liberty also in terms of the abortion issue and also in terms of supporting the independence of the nation of Israel. Yeah it's it's in situ. As we look forward looking at some of the battles ahead.

Harry good friend of ours that had grows a road in the 47 Clinton and Obama circuit court judges may go senior status another 12 will be eligible for next four years.

That would open up a 59 Circuit Court seats to Schaefer Biden, which again underscores why it is so important. Not that every judicial nominee, even if Republicans are in control of the U.S. Senate, but it underscores his Georgia Senate races till all be denied that the most extreme will not make it through the confirmation process.

If the Georgia runoffs are successful for Republicans. I think that's very very important. I think it's very very important for the voters in Georgia to look forward to the future and that future could or may include a Biden administration and Biden will be pulled by the left wing of his party in support of socialist agendas. The green new deal in a variety of other left-wing projects. But in order to sustain those projects. It will be absolutely essential for the Biden administration to appoint judges or sympathetic to the course of action that the left wing of the Democratic Party supports. So it's very very important for the voters in Georgia to take that into account when they vote in January of this is a very very important election for the future of the country. It is clear beyond question that Joe Biden is prepared. He's already announced that John Kerry will become his so-called claimant's are what does John Kerry want to do. He wants to ban fracking. He wants to ban carbon that will have an adverse effect in terms of American jobs, but also in terms of American manufacturing, but it will also mean that we will become very dependent on foreign nations for energy.

So, I mean that I wanted to talk to Stan about this as well because Stan unites roof as were looking towards the future battles whether or not it's the kind of this seats that may be some of the older judges try to open up for the Biden administration mean we don't want to see a shift back if the buyer if it is a Biden administration to the games remain out that those numbers still would not equate to what Pres. Trump is been able to do, but it would certainly know it would certainly change kind of the direction of where the courts have been moving but the most radical nominees won't get through a Republican control U.S. Senate and right now that hangs in the balance you know question. I mean there's two factors here there one is quantity. The other is quality amine and the reason that the both the quantity and the quality of judges under Pres. Trump was so outstanding was twofold. Jordan it's because both of the components that are found in article 2, section 2, both of the authorities that are given a piece of this.

The President of the United States and also the United States Senate were led by individuals who were committed to this I mean leader McConnell Chairman Grassley and then Chairman Graham along with Pres. Trump made this a top priority. And that's why there was such a high number 227 federal judges, and that's why so many of them were of such excellent calibrating someone like just as Amy call me Connie Barrett that might've been a hard lift in a different scenario Jordan but look the outcome. The air that you're talking about where you had a President, Biden, and then a leader Schumer in the United States Senate that would again be the American people giving both entities that have a share of this authority to the same branch in the numbers that were talking about. Jordan could come very close to what you see now. It would take them making it a priority just like a leader. McConnell and Pres. Trump has been.

I don't know if they would do that or not Jordan but they certainly could make great strides. But if you're right. If the United States Senate stays in the control of leader Michael McConnell and the Republicans they will have one of the two levers of power when it comes to the federal judiciary and the President Biden would get some nominations through Jordan, but both on quantity and on quality, the quantity would be lower and the quality would be higher. Both of those things would be very welcome news in a new administration. Let me ask you, Harry. Looking forward into it and then you're working on how this plan for the ACLJ this forward-looking plan, talk to people about that that that this kind of kind of forward thinking future planning.

If you will. Will one of the things that the ACLJ will be working out should Biden become President is making sure that we put guardrails and the ability for instance, of John Kerry through executive action to commit the United States to bad deals. I think it is clear beyond question. If you look at John Kerry's record, both in terms of the Paris climate accord and also with respect to the Iran nuclear deal that John Kerry does not put United States interests.

First, he puts global interest first and one of the dangers associated with a Biden administration is that elites who who basically just staying much of America.

They will now be in charge and they would much prefer to deal with people in Paris and London and people who live in Tennessee Kansas or Oklahoma. We got Rick Grenell joining us in XML broadcaster you're learning about what were planning in the future. The victories we've had this year. What the ACLJ is doing this a critical time to support the work ACLJ with a matching challenge right now and ACLJ.org whatever you're able to donate will be mass a group of donors get together before November.

And since it will match all donations that come through in the month of November to double the impact of your donation if you donate today.

If you're financially able. I only want to do that you're financially able to LinkedIn ACLJ.org Rick Grenell joining us next Jay Sekulow life. Only when a society can agree that the most vulnerable. Is there any hope for that culture to survive.

And that's exactly what you are saying the American Center for Law and Justice right to life. We've created a free powerful publication offering a panoramic view of the ACLJ's battle for the unborn will show you how publication includes all major ACLJ were fighting for the rights of pro-life activist ramifications 40 years later, when Obama care means many ways your membership is powering the right question mission life today online/the American Center for Law and were engaged in critical issues at home and abroad.

Whether it's defending religious freedom. Protecting those covering corruption in Washington fighting to protect life courts and in Congress. ACLJ would not be able to do any of this.

For that we are grateful. Now there's an opportunity for you to help me limited time you can participate in the ACLJ's matching challenge every dollar you donate $10 gift gift becomes 100. This is a critical time for the ACLJ. The work we simply would not occur without your generous matching challenge make a difference in protecting the constitutional and religious freedoms online. Okay Jay Sekulow like this Jordan secularly here for the holidays. I depending on where you are in the country can be very different. Preparation and also the threats that are being made by some government leaders at the state level, local level. He got police said in sheriff saying when I can enforce these rules and so to be a little complicated are also getting reports.

It's one of the busiest travel time since coded in the airports so that since covert started when the airport travel really went the airplane trouble really went down this is like the busiest time right now. So a lot of Americans are saying you know enough of the shutdowns enough of the lockdowns.

I put on my mastic and many go see my family try to do it safely as possible.

Rick Grenell, who is a Californian and there's a lot of benefits to that the in the indoor outdoor living that that that the climate the ocean. Of course I specialized ACLJ former Trump cabinet member is joining us now because he is an estate in California which is got some most serious lockdowns that if that event occurred and threats. Rick, thanks for joining us and and a happy Thanksgiving to you and your family. Let me first ask about this with with that. The way Gavin Newsom and the California government has approached this is like threatening people with with with arrest if they get together with her family to celebrate Thanksgiving to you Jordan and your help and happy Thanksgiving. What a great week to really be thankful for so much that we had to be really I think cognizant of the fact that living in America gives us incredible freedoms, but some of our freedoms are under attack and I think this is a leak that we have to really focus on what is important for individual freedom and what do we need to do to push that coming ACLJ right is exist to to find for individuals, freedoms when governments, local, state, federal government begins to take away some of those freedoms and this is exactly what were talking about this. We with our governor in California, Gavin Newsom.

What I don't understand is the hypocrisy. All of these decisions that are being made to give you one example Los Angeles international Airport at San Francisco International Airport, San Diego airport.

All of the airports are open and you tell me that 2200 people on the airplane 200 people that you don't know is safer than having 15 and your family members come to your house that you do know for Thanksgiving. This is the inconsistency decisions of governors like this and you know we all know and laughing about it, but it's actually quite serious that Gavin Newsom is been caught a number of times lying about what he's doing well.

He's finger waving at the California public to not go to restaurants not be around people without facemasks and yet he's been caught in fancy restaurants inside indoors with the lobbyist and this is there's multiple layers to this story is not just that he broke the coping rules that he's telling everybody else to follow. He literally said it was a friend's birthday party and now are finding out that it was a lot of guest who actually did the dinner, did any order and ask who paid the lobbyist pay for this big fancy French laundry, dinner. There's just so proceeded to think people are left with wanting to see their family wanting to be smarter about these coded restrictions. No one is going to put their family at risk if they think that someone or you got the flu and I think everybody is smart enough and were where adults and to understand that you gotta be smart on these restrictions but I haven't got there just you know allow everyone to go to Target and Walmart, but not the church and to say their airlines get to be open and you can jam packed hundreds of people you don't know what an airplane that you can't have 15 people for Thanksgiving this this all started with me. I think Rick to we will resolve the start see the hypocrisy and you talk to Nancy Pelosi going into the hair salon on mastering at any time and had to get my haircut I would one of the more open states in the country.

Deep red state which is not had a lot of the most severe closure mandates since early on and yet still having my hair cut.

That's like it's I go to the doctor's office in your masses on your you do not. It is a very serious process to go through and an entirely to keep those businesses open and yet Nancy Pelosi was flouting these rules since the very beginning. It's always been like a list of the rules for the common people, but for the elected folks on the Democrat side. They don't need to follow the rules for the common man. You know, there's one more outrage that people forget which is that after she got hot. She literally looked at the salon owner, and she snapped at the person and said you owe me an apology.

Think about that business insider in Washington DC, is telling a small business owner you only an apology and to the next level of the reason why the speaker of the house. The powerful person in Washington DC is demanding that a small business owner given apology because the small business owner called her out for me to have embarrassed her and that is supposed to do the Washington politicians are never supposed to embarrass them because they create the rules and you're supposed to follow the rules. So I really believe that were getting to this system and it's a good time to focus on the problems of coded lockdowns during Thanksgiving week, when, where, gathering with their families and were thinking about how thankful we are to live in this country to also remember that we have a personal responsibility to fight back when government makes decisions that really take away our personal freedoms we have to fight back and I'm so thankful for DLJ and other organizations that help us like that we can all be smart like you said Rick if if you feeling sick if you feel like you got the flu but maybe don't have time to get a covert test.

We've all been through this down for long enough period of time it would be reckless to go to your grandma's know or or to someone it's house it may have a disease at their fighting and maybe if they're battling cancer. Okay, so you're not, you shouldn't go there but I think it people been educated enough by that the trump administration by that all the briefings that we had to be able to make those decisions on their own in a in a country where we have this kind of individual liberty.

We make those kind of choices about the risk that were willing to take or not take and I think for the most part I am glad to see Rick that there's a lot of sheriffs out there in California.

This is not just happening California.

By the way that Rick is living in California. Bilotta Sheriff's Department to set your monitor these these these curfews of 10 PM to 6 AM and working at work to stop people say are you should you be out right now is because you're going to work or not Rocky to do that so that's good. But there is this fear because were seeing in Europe where there's gotta be like people going through in their planning to do it during Christmas knocking on doors checking out and you know how many people you have in your house and follow the science and it certainly silly thing. Science suggests that after 10 o'clock somehow gets more more contagious.

This is a power grab from Democratic politicians, governors like Gavin Newsom I would be remiss if I didn't say Jordan that we do have a recall Gavin Newsom after recall Gavin 2020.com. If you live in California got a lot of California listeners private their biggest state, with most stations, so I again I check that website out Rick, thanks for joining us. Have a happy Thanksgiving supporter matching challenge@aclj.org the American Center for Law and Justice were engaged in critical issues at home and abroad time you can participate in the ACLJ matching challenge every dollar you donate $10 gift becomes 20 oh $50 gift becomes 100 make a difference in protecting the constitutional and religious freedoms to you and your family.

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