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October 28, 2020 1:00 pm
Jay Sekulow live last week from election day in the Supreme Court in on how votes are counted. Talk about that more today Jay Sekulow live live from Washington DC Jay Sekulow Joe Biden is off the campaign trail today with the election his running mate, Sen., Harris will head to Arizona as Democrats look to flip a reliable red states and blue phone lines are open for your questions right now. Call 1-800-684-3110 drug will also be stopping there holding two rallies later today and now your home.
Jordan secular Jay Sekulow live. We are take your phone 160 31 two that's what hundred 63, 1106 days out from election, they were less of what we got a question for those you were most of the broadcast.
Right now 164 30. What did have you already cast your vote did you vote by mail.
Did you vote in person. Did you take part in early voting. A lot of states I get early voting is coming to a close. Other state early voting continues up up up was through Friday or Saturday that it's election day Tuesday but you need to know your states. We can't go through this broadcast all 50 states what you gotta do. Of course if you have questions about your individual state. We can get that information for you on the broadcast today, so if you got those questions are: what hundred 64, 31 to what's important to know is it we know that close to 80 million people. The last count was over 72 billion $0.73 probably close to 80 at this point with early voting still occurring in states across the country long lives 80 million people. The last election was 180 million votes cast. So I began talking about half almost half, we might be at half if by the time we actually get to election day at sea legs back on track for that, at least in a less early voting really starts to slow down to what we do know has started to slow that it takes us right into the case of the Supreme Court of Wisconsin is voting by mail because you got Democrat secretaries of State say.
First, we told you to vote by mail that were saying if even if you have it by mail, you better drop it off because this is not log it off even if you think you put it in your the post office. It is good to pick it up and hate your board of elections only if you half a bottle away so much mail could be could be in the mail. There were those few days there say really don't vote by Bailey board yet and I think we have clarity now from the Supreme Court. At least the beginning of clarity, I would say as to how this is going to look at as there's challenges, there's two cases that are really percolating right now one out of a series out of North Carolina and coursers out of Pennsylvania but there was also decision by the Supreme Court out of Wisconsin and it's very important understand the breakdown of how that case went because you understand what happened there again.
It was this, are we going to asked let the courts extend the date upon which ballots can be cast in other words, that the ballot coming three days after the election day or seven days. Even if the state legislature Fresno gotta be in by election night. Here's what five justices of the Supreme Court said, but differently you have one, just as Joseph Robertson said federal courts cannot extend these dates.
That's not the job of the federal court when he said state courts can Justice Cavanaugh writing a concurring opinion in the same case on Wisconsin said no, neither a federal court. Many put it up footnote in and said state courts also are bound by the same constitutional process. They can't willy-nilly change the dates either. He makes a statement there has to be certainty in election dates and election timing so I found that this really is. I think during the roadmap of how it's going to go I think so. So what you have now is a clear statement from four members, the Supreme Court, and you could wonder now if with Judge Barrett I is just a spirit that will be five that that's the big question because then it won't matter if instead the court case emanates from a state court or a federal court. It's the same philosophy is going to look at the same result same philosophy is not willy-nilly decide you're headed out. Change we ballot it we will ever have it into our election and it goes back to Bush versus Gore and Chief Justice Rehnquist say have to have some certainty in our election process. There has to be in date if you will.
We say were to stop counting votes really stop over that case, it was stop recounting have to say there is a winner and a loser. We have to let our country move on 164, 31 to the challenges facing America is freedom sort constitutional rights are under attack more important than ever with the American Center for Law and Justice on the frontlines protecting your freedoms defending your rights in courts in Congress and exceptional track record of success. But here's the bottom line we could not do her work without your support, we remain committed to protecting your religious and constitutional freedoms that remains our top priority, especially now during these challenging times. The American Center for Law and Justice is on your side, you're already a member. Well, this is the perfect time to stand with us ACLJ God where you can learn more about her life changing, member today ACLJ 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 defend the rights of life, we've created a free publication offering a panoramic view of the ACLJ's battle for the unborn will show you how you personally. Publication includes all major ACLJ fighting for the rights of pro-life activists ramifications. 40 years later Planned Parenthood's role in the Obama care me in many ways your membership is powering the right question for mission life today online/Jay Sekulow second summer take your phone calls. What hundred 60 route yesterday was loaded to cure to the show we wanted to focus your attention on a couple things. What is the Supreme Court case at Wisconsin this interesting case because it came from a federal court, not a state court. So far the Supreme Court because of Chief Justice Roberts has wood siding with state courts, or whatever, that they really decided about winter Where they could accept ballots mail-in ballot. So if it was postmarked on election day at the certain time or if it was six days of those three days was nine days they were deferring to state courts to determine this one case came out of the federal courts of Chief Justice Roberts. He came up with a course one of his kind of ways of getting config sentiments civil to the affordable care act will because it was a federal court, not a state court to federal court. I guess kid that you know what they should be getting involved in this, even though were talking about US constitutional issues. That's why it's before the Supreme Court in the first place I has constitutional consequences, but it justice Cavanaugh's opinion with it. Since this would Avenue justice of the court, so this could be a sign of how we see places like Instagram that say vote probably.
We probably won't have results on and that's that's what we think is going to be. That's normal that's that's good be the process and that there putting that out to everybody. It will be these kind of decisions by the court that will deter because when we stop counting votes.
That's what Bush versus Gore's about we stop the recounts we do we stop counting ballots would we stop looking for more we stop throwing more out. It would we say this is the end of the election exactly so.
Justice Cavanaugh in the Democratic National Committee versus Wisconsin state legislature case and there. The legislature had rules and laws and regulations.
Justice Cavanaugh noted that possibly 30 states including Wisconsin, require that absentee ballots be received by election day in order to be counted. That's 30 states have that. So it's a majority of the states have this issue came because a Federal District Ct. in Wisconsin unilaterally changed the states deadline for receipt of absentee ballots. He said well it's because the pandemic so I'm going to go to set a November 3 of that I go to November 9 up five justices of the Supreme Court including justice Chief Justice John Roberts. I will say for the record, and I told it, he might get one right yet one right. Although the reasoning is still a little different to say the least. He said when it's a federal court trying to intervene. The federal courts can't do it, but the state courts can that's undergone. Chief Justice Roberts, Justice Cavanaugh Justice Thomas. Justice Alito justice corsets took a different view. They said of course the federal courts can't do it, but the difference between the state and federal courts are not of constitutional consequence as relates to moving the dates for ballot so I think Andy we've got a framework and then course, we got the unknown question which will be Look we got these cases up there noninvolvement in Wisconsin. She's Wisconsin or decide we got a Pennsylvania North Carolina up there and there may be a couple of others to coming over Justice Barrett to be on this, but I think we have the framework yes we do. I think definitely the framework is been put in place by the reasoning the justice Cavanaugh put forward in in doing exactly what you said. I was impressed by justice Cavanaugh's opinion very much because what he said is exactly what he was put on the bench to do and that's engaged in judicial restraint. He said that it is not. It is not the province of the federal District Court to usurp the proper role of the state legislature in rewriting election laws in it. Close to the election.
A federal district court has no business. As he says, swooping in and altering carefully considered and democratically enacted estate election rules when an election is imminent so so that I think this shows the judicial philosophy of the person the present trouble going to the court a state legislature's decision to make changes should be as he says not subject to second guessing and this is what I love, particularly by an unelected federal judiciary, which lacks the background competence and expertise to assess the public's health and is not accountable to the people. So the design of electoral procedure. He says, is a legislative task and not one that federal judges should be insinuating themselves into. I am very much impressed with the reasoning the clarity of the reasoning and the fact that he's basically told federal judges.
That's not where we belong to be sticking our nose into the difference you have areas. This kind of state court federal court distinction now. Justice Cavanaugh in a footnote, and it's a lengthy footnote on page 9 of the opinion. He says you know there are differences between state courts and federal courts. Now comes out of those courts, but constitutionally speaking, constitutionally speaking, he writes that in a Presidential elections estate court significant departure from ledges probable legislative scheme or appointing Presidential electors presents a federal constitutional question, so he disagrees with Justice Roberts report votes it would say it's a state court moving these dates, they can't do it absolutely, and I think it's a very, very important decision by justice Cavanaugh clearly and unmistakably he has set forth a clear rule that neither district courts nor state courts have a unlimited right to change the rules just before an election, and it doesn't matter whether it's a federal district court or a state court. So this is a very powerful there very influential decision and I certainly hope Justice Barrett follows the roadmap outlined by justice Cavanaugh.
Basically we live in a Republic article 2 of the United States Constitution gives state legislatures the right to control the rules rules have been set forth many judges. They are drawn to the claim that the coronavirus basically abrogates constitutional standards and statutory standards that is nonsensical simply because the American people have had weeks if not months to vote with proper social distancing. Again we were taken from closet 100 684 31 thoracic people about how they voted their questions, their concerns at least six days until election day, and so it is here lots of stories we got even out of Joe Biden's campaign you if you if you see what's coming from his campaign's victory fund saying over behind the pulse. It shows him behind one point in Michigan to Donald Trump, a four points behind Arizona and to point out in Florida. I think the Biden campaign and in the end, of course, that's with the DNC that's with the victory fund is a joint joint man, they realize at what MSNBC and CNN are doing by having these analysts continue to come on to talk about blowouts is not good for turnout. Because yes, there's a lot of early voting yes it looks like that's favoring Democrats, but there still to be more votes on election day, and if if people show up. They that the block to go the other way and and so they are trying to do their own pushback.
I think these are made up. I don't think these are I think they just put some red numbers together.
That is just to show that there somehow behind because they try to say hey we need to actually get people to we have to have some a group of people actually show up to vote on election day.
Okay, so let me know the makeup women make a point here and I think this is I think you're right. I mean, I like it was buried all over the place and it probably Meaningless but I think it's clear I want to get fancy on this, Washington view is the sense than a little bit that the media hype on Biden is so strong that they are afraid that on election day, which is to be a big day for Donald Trump. I don't think anybody's going to deny that that election day will be a big day. I think the present media saying that they're trying to scare people into not scare me to, but exhibit has accomplished my view obligation about, but certainly a constitutional right to vote. What's going on with this. Do you think yeah I think in Washington. Actually, there's been some trepidation on the Democrat side of the aisle for a while now that the Biden Harris approach to this was taking a win for granted by luck I don't I wouldn't put all of the blame for that. If I were at Democrats onto the media. I mean look at where the Biden Harris campaign or their ticket is campaigning today there in Texas and George. I mean look. Maybe they believe the Texas and Georgia are in play and maybe they will be in the end J. To me it harkens back to the 2016 strategy were Hillary Clinton focused on states that were not in her roadmap to 270 and I see this this ticket doing the same exact thing. So look I agree with your new you know that this the sad that Joe Biden put out focusing on Michigan Arizona and Florida that that's the right play. I mean that those are states that clearly are in his path to 270 so I just can't understand why he would be putting that ad out while campaigning in Texas and Georgia. To me, that doesn't make political sense for this is the probably typically rated to the last center was date they knew on paper thicker analyst like that so they know what's important but yet they they go to these these outlier states, hoping that somehow there to flip the Texas and Georgia were they don't even have to do with the election they got much closer race is going on in places like Michigan Arizona and Florida, and Wisconsin go there focus their fury to crap why you try to without lives. You will now. I guess that why are they trying their best with that part… With outliers and I think that's what happened with these candidates they seek, you will lose if you with this day that keep going there problem is that we day Georgia given that chance all the hearings they are very very low very low they keep getting worse and worse by each day. That's what by the polls show that it's lower and lower by the day. So why keep going back there when it doesn't need to be part of your past will take your calls Jay Sekulow live only one. 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 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 gold mission will show you how you are personally Tatian includes a look at all major ACLJ cases were fighting for the rights of pro-life activists ramifications. 40 years later, planned parenthood's role in the Obama care means many ways your membership is empowering the right question free copy of mission life today online/challenges facing Americans is freedom sort constitutional rights are under attack more important than ever to stay with the American Center for Law and Justice on the frontlines protecting your freedoms defending your rights in court in Congress and in the public arena and exceptional track record of success. But here's the bottom line we could not do our work without your support, we remain committed to protecting your religious and constitutional freedoms that remains our top priority, especially now during these challenging times. The American Center for Law and Justice is on your side, you're already a member. Thank you, are not well this is the perfect time to stand with us ACLJ God where you can learn more about her life changing work, member today ACLJ6 days out, thereby do this if you have voted yet your state.
So whether or not you do with the states. We got got mail about if you take that to go vote in person figure that out now. Do not wait until election day to figure out what the rules are figure out what where you need to go get what time you need to be there what time it closes you need childcare. If you need so what you were because this that that's it's a tougher time.
A lot of times it's fun to take your kids to go vote this time. You can do that but is a little bit more cumbersome because the weather plays a big role on election. Let me tell you this election specifically whether is going to play a big role on same-day voting on election day voting, because you gotta keep people distance.
That means a lot of people outside even when it's not that many people severe places very cold. If you're a place where it's pouring rain and you could early vote today and it's not think about that. Think about those things. That's why would tell everybody… Broadcast regardless of who you gonna vote for is this is like one of those days your lesson a week out. Figure out your voting plan is people like to call it. Now what do you need to do is early voting done in your state does it continue. Does it continue over the weekend as it stopped tomorrow what time baby if you get this done. You have to take a valid ballot with you if you did say that it to go and show that you consented to vote person understand the rules. That's what tell everybody write out a way to go to the phone calls to Jackie Washington state online. Three. Hey Jackie, welcome to Jay Sekulow live my call. I heard about a month ago on the radio and I've been trying to get the radio they said the Christian radio station and the man said that on the Democrats for predicting that trumpet ticket Thailand client on the fourth.
However, a week later Joe Biden would take it by now and when I listened to you yesterday and you were like what you doing and you guys can figure out like what like it was so unnerving to me to hear that. Okay so this is what is been joints of the Sterling 62 million votes are close to 76, 70,000,077 number which leads to physical yesterday almost, almost halfway there to what the voting populace is to be in this country so you're almost at the 50% line so here's what I think happens election day. I think the Trump voter turnout in record numbers were already seeing that your statements are merely voting your seat record numbers. If the President is leading on election night and we will be broadcasting live from the studios. The issue will be where is he leaving and by how much because if let's say Pennsylvania is Trump +15,000 known networks in a call it with absentee boats coming in and mail-in ballots because in that 15,000 you could switch election very difficult, numerically speaking Harry if you get to that site 50,000+ if it's Trump +70,000 in Pennsylvania to move 70,000 votes mathematically is very difficult. I think that is correct. I think every one who is intent on voting should follow Jordan's advice and not leave the election to chance. And so if you support of the President of the United States. You should get out and vote immediately if not sooner. In order to make fair voting for real in order to make sure that your vote counts, and not be in a position where you regret not voting the week after the elect. The other thing here is, I didn't think was within the first couple segments I think we have the legal framework and on how this is gonna play out mean if there's challenges in the state that when you say from personal note, I managed actually present Trump echo that message last night was roused was because cold out there and by number three about getting out now this is going to be bigger than four years ago by the vote, raising the way you have read it but I do think this is what people are wondering because it happened in 2016. The President has also tended to be straighter this with the book is about the right way to create a way so we election CSO we got a look at the election night and were to be doing an ounce of the week and we've got a framework now absent. Obviously, Justice Barrett so that we don't know is just disparate going to rule with Cavanaugh Boorse at Toledo and Thomas that the state courts can't monkey around with these dates. Either that the legislature sets him. That's the real you can't start changing the law of the state by judicial fiat, think Justice Barrett will do just that. She is an originalist. She is a textual list and when I say textual list that is read the Constitution. I mean if you look under the look of the United States Constitution. As Justice Cavanaugh said in his opinion the state courts do not have a blank check to rewrite state election laws for federal elections and what is the sign for that proposition. Article 2 of the Constitution which expressly provides that the rules for Presidential elections are established by the states and what in such manner as the Legislature thereof may direct, that's article 2 section one clause to another words the state legislature makes that decision, but it is a raises a federal constitutional question. So a state courts significant departure from the legislative scheme for appointing Presidential electors does present a federal constitutional question and therefore I think Judge Baird is Justice Barrett I should say is going to weigh in in favor of the position taken by Justice Cavanaugh and is there any sense in Washington among the Sen. house staffers and weather will have a game day, with we have a decision election day. I think there's a lot of thought that maybe we won't just how many states are close but actually I think that's the relevant question – because just practically JI mean you Inc. increase the odds of an outcome on election night or very soon after with with decisions like the one that we just came out. I think a lot of people's default responses will that's a good thing for certainty, purposes, and I agree with that other, that's not the most important reason. The most important reason Jane.
We've seen this over several elections is when there are efforts to either engage in fraud or any other kind of electoral shenanigans. There are two efforts that take place when you try to create lots and lots of exceptions and then you try to make the longest timeframe possible with which to enact those there's concessions just maximizes the opportunity for games to be played so by narrowing that down and giving people a defined scope in a defined opportunity to take a vote you minimize fraud in NJ. I think that's the most important reason why decisions like the one we just got out of Wisconsin are a good thing. Let Mrs. of Jordan election night that night. If Trump is ahead you think they would call. I still think they won't is aware he's ahead by how much.
So it so you if you would Florida, North Carolina and he's got a leader Pennsylvania which could be like less than 1%, but there's not 100,000+ or 80,000 90,000 and you look at the outstanding votes that need to be counted. Mail-in absentee whatever admission is not enough. There then they're gonna have to start I think it is very late in the night because you can get past as the East Coast now tell you if you see those states going present Trump's way.
That's a very good site for present Trump some of those are bus with Florida.
Obviously Pennsylvania is not a must win for Republicans, but it certainly a good way to start the night and it basically indication of what election I think that's right. I think if I do have that might not wait surveys from their fellow is very close to every sporting it with your home state. You lose the election by working be broadcasting live at night to start around 9 o'clock time to give you analysis as income that would be back with more linear called them. What workdays okay ACLJ is been on the frontline protecting your freedom is defending your rights in court in Congress and in the public arena.
The American Center for Law and Justice is on your side. If you're already a member. If you're not well this is the perfect time to stand with us, ACLJ.org, where you can learn more about our life-changing work, member today ACLJ live from Washington DC Jay Sekulow and Jay Sekulow livelier take your phone calls 164, 31, two, that's what hundred 6843 what would you want to go to some of those calls right off the bat. The second half hour of the broadcast. Let's go to married Illinois outline what he very welcome to Jay Sekulow live like regarding the state of Illinois in their ballot procedures. No mail-in ballots through November 17. As long as they're postmarked by November 3. Just wondering any any legal issues with that kind understand why were not hearing about the legislature now that I don't know that they're normal you can to a certain amount of to insert date to actually certify the election results right so we call the elections on election night based off numbers that have been certified yet. So would you go to bed and if you go to bed two or three of the boarding that day and you think the next day you think you know the President's that's based off uncertified results. But there's nothing there that you say this is who is one of the certification comes weeks later a month and a month later before support for the new year, obviously, is we get the certifications done so I wonder if you're talking about certified versus still counting votes new votes in the sense of new ballots like word even tabulated yet in the system. That's the difference you're supposed at least say these the votes we have. We know we got up now if you go through the been certified yes I don't envision like to get Ambien and Aries view on this. I don't envision a Bush versus Gore case of the hanging you know of the malfunction kind of make it happen. Those be handling joints additionally handled locally with lawyers that are already on the ground that are going deal with those issues.
I think the more likely scenario is what were already sitting which is least. Judges coming in, although now there's been some pampering on that and print out. Although, until you get Justice Barrett's view on how that plays out for the state courts do not know the answer but at least I think the frameworks there. I ice I see it at least a framework in place. Oh yeah, definitely. I think she's going to follow along the reason she's an original and she's a textualism is in the look of the Constitution and it says the text is, as Justice Cavanaugh said the text of the Constitution. The text requires federal courts to ensure that state courts do not rewrite state election laws. I think she signs under that proposition. I think that is correct and I would also add that states such as Illinois are less crucial in deciding the overall outcome of the election more likely than not Illinois will go for Joe Biden, but if you had a similar scenario in a state. Let's call it the purple state. Obviously, the rules become much more important. But I agree with Andy as I always do that more likely than not. Justice Barrett will agree with the justice I wanted do you see any super not doing it it, we can use any surprise states here with the Georgia thing. I know that uploading out there sent fan is either not sketching your eye that say this is interesting that's even disclosing this particular site. Sure their state and planned look at Minnesota, New Hampshire states that you know Donald Trump didn't win last time doesn't need to get to 270 and yet his campaign in the polling numbers seem to suggest that is within striking range there selective if Georgia and Texas are on the map for Joe Biden. I would say New Hampshire and Minnesota are on the map of the President you look at the states mentioned number one by Joe Biden this to get out the vote push they put the singing of their behind it is mission again Michigan.
I think play this critical role also can play critical role the US is John James needs Donald Trump to do well there, and vice versa.
It also. They both think you can help each other a lot. There present. Yeah everything John James went. I think the principals at Michigan yes because you yeah I did have a total change in the U.S. Senate, which were advised nervous about doing you have pickups, 54, 55 pickups versus versus barely hanging on the law clearly elemental. I think Alabama done I the heirs of Martha Rick Sally at night. Had a big comeback in that race and Mark Kelly, who's look less and less like a very good candidate get weaker and weaker because of his work with Trident business was always trying at issue challenges facing Americans for substantial time and are now free to start constitutional rights are under attack more important than ever to the American Center for Law and Justice on the frontline protecting your freedoms defending your rights in courts in Congress and in the public arena and we have an exceptional track record of success. But here's the bottom line we could not do her work without your support, we remain committed to protecting your religious and constitutional freedoms that remains our top priority, especially now during these challenging times. The American Center for Law and Justice is on your side, you're already a member. Thank you for not well this is the perfect time to stand with us ACLJ.where you can learn more about her life changing, member today ACLJ 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 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 Gold edition like it will show you how you are personally publication includes all major ACLJ fighting for the rights of pro-life activist ramifications 40 years later, when Obama care means many ways your membership is empowering the right question free copy mission life today online/Jay Sekulow light it will be easier. These CEOs inserted testified today about whether or not now playing a role. These Twitter Facebook is where they should be treated like news outlets, and thus you know they start editorializing choosing what content and what concert they don't use whether not they should be viewed get these these specific communities because they're not really just aggregators anymore now that the taking positions. If you look at Instagram today and you open that up. It it what it will tell you is that you go to election today's cubby we might not have the results on on election night. That's normal. That's what we expect this. I see that we expect is very that's pretty unique election. Dobby night not being like before midnight where you are but usually by the boarding the next morning you know who the President the next President.
I states will be. It is a rarity to have that Bush versus Gore scenario and I will tell you 2020 with the country got through that pretty pretty easily. Looking back on it.
This would be pretty wild. If you if you put the country through that while I again out with with the work rights or see continuing right now and the rights we saw throughout the summer. Even with covert lighting to be explosive. Yeah, I think the country. No, I think a definitive if it's possible to call the election on the day of the election for the night.
Like you said in the morning ever goes into two or three in the morning. I think that's best for everybody if it can be done where I think it becomes interesting as we have a framework now at least we know if it's a state court that Roberts would think no state courts can fix they can move dates.
Federal courts can't on when the balance after being four justices have the opposite view that working to find out what Justice Barrett has because North Carolina and Pennsylvania are up there on the merits, which means working on decisions people he understands we have Supreme Court decisions coming pretty regularly now lover done without oral argument done on the brakes so that's kind of what what's happening right now, but again the number to be consequential in this when I go back to be consequential. Take Pennsylvania for instance, if Joe Biden is up. This is the where part of the Job line is up 30,000 I think the mainstream media will even though there's 50,000 or 80,000 votes outstanding hiding mainstream media. Perry will call the Virgil but I think they will.
They are predisposed to support Joe Biden may have consistently supported Joe Biden. There was a recent survey that looked at national news reporting in June and July for every negative story on Joe Biden.
There were 153 negative stories on Pres. Trump.
So clearly we live in an unbalanced media environment and it's only gotten worse since the summer because both Twitter and Facebook have gone in full support Joe Biden.
The interesting thing what Jordan said and in following up on this is this unrest that could happen but could you imagine if the court as its as the law stands right now it's a state court that change the date the ballot has to be an that's okay if it's a federal court. That's not okay in court and we have to figure out what Justice Barrett did dust, but just bear with a will with the with Roberts on that it's in company could happen. I think his opinion was completely wrong. I'm am glad he said with the federal court can't do it, but so other to do is bring these actions in state court. Well they could, but I think Justice Barrett is going to do all along that because you never know know you never know, but I mean being an originalist being a textual is that she is being a student of the Constitution as she is in the again based upon what we have heard and that's all we can go by in her testimony, and in the opinions that she is written on the Seventh Circuit. I think she is going to follow the lead that has been shown by Justice Cavanaugh in his concurring opinion and that that federal courts can ensure that state courts, state courts do not write, rewrite state election. The Democrats they love the polls right. Think about this. These are states right now where in the real clear politics average present Trump is doing better than he was doing 2016 at this date six days about doing better in Michigan, Wisconsin, Pennsylvania, Arizona, North Carolina, Florida and Ohio. Georgia is tighter.
Iowa is within one point Texas is a Margie's from Fort point to use it for plus Formosa pose as a +3+2.7 and then Nevada where he said he was down. I guess he was down the to this Dow is down five but as other states he still got is still up in Texas so up in Georgia so the only ones were target what he's doing worse than 2016 are two states he did with anyways or did would one of the Nevada and Iowa get very close and not when you look at his electoral victory.
You don't have to have those right.
So while Biden is everyone of states Biden's leading the way.
He's in a worse place than Hillary Clinton was, don't you think they handicap the Biden campaign recently sent out that email we referencing earlier they know that they are reading the polls and their site that you were the same positional works, and that's a great thing yet all the relevant data points here are comparing it to the 2016 numbers for Hillary Clinton. And then, oh by the way, what actually happened in 2016.
So I think the Biden campaign looks at that and has a little bit of trepidation and in your night. I know you said you thought they made the numbers up in the ad and maybe they did die at you know since you been in this position action where the questions I wanted to ask you when I saw that the first thing I thought I was that sure looks like a retire the debt at just in case I lose make sure I have a lot more money coming in. I don't know if you look suspicious to me. Yes it is very suspicious because what, why, why would you tell people in those three states, Michigan, Arizona, Florida, and yes you are traveling to some of them but not spending your time like why would Joe Biden be literally living in Michigan and living in Pennsylvania lit you living in Arizona but you have saved but spending so much time there because they that the President doesn't have the duties and responsibilities so you tell people that, yes, it looks a little bit like we got it. We spent all this money would take most money and this is normal and campaign politics at what he said about the fundraiser today that that is about that and get campaigns do that but but I will tell you if his campaign is putting out even that there down. Which is it like the best choice. What is should share your scores. This is the scare tactic which is we are going to lose if you don't vote and donate. Give us money with eight years with the email said it says we've been saying recently that our internal polls are showing a much, much closer race than the media would have you think the media that there their friends. Right now we are seeing a few public polls also say that this is going to come down to the wire. Michigan, 47, 46, Trump Arizona, 48, 44, from Florida, 48, 46 from now. What they're not saying is that's what their internal polls with their stiff you read this carefully that they are saying our internal blows. Much, much closer. There are some other polls are out there public polls that are saying this really close and I cannot tell you their internal polling and I listened.
I think that the Internet will ignite faith, no favors Dimock the Democrats and most exposed like I said in all the states about to read that present Trump stood better than he was a 2016 bind still has a lead in the polls so if if you could actually trust polls you could you computer you would think with you what a good spot if you're the Biden campaign right now but but you can't trust polls. We know that from from 2016. We know that even going back further likes especially, 2016. Don't rely on polls. Never rely on polls don't think estate is out of reach for any candidate +8 doesn't mean much anymore yeah +7 that's different is like saying to 3:03 you can say okay could go either way. Now plus ABG could go either way. So it Michigan, Wisconsin, Pennsylvania, Arizona, North Carolina, Florida and Ohio right now Joe Biden is in a worse spot than Hillary Clinton was, that is pretty scary for the Biden campaign have a candidate who can get more than 20 people out to an event. The other thing that I find interesting about all this. We talked about how the other judges are to come down the 90s. He was the things that Justice Barrett will more likely go with the Cavanaugh approach is what she said when she became after her confirmation number 33 faith elections. We still work for you is your Constitution establishes the rule of law and independence that is so central to let finally taking tonight mean score and I will do my job without any fear or favor to sell me both the political branches and have my own preferences, which means any that she does respect. We know she does separation of powers which, in this sense is impacting this. Yes it is. It is impacting it, but I am so pleased with that statement that she made. It is your Constitution that establishes the rule of law and judicial independence. Central to it and I think that when it comes down to it she follows the lead in the concept of constitutional contextualism and regionalism that justice Cavanaugh enunciated in his concurring opinion in the Wisconsin case Close. I really continue to conform because David Josh Ron over to get you right away and even hold on one 800 684 31 to if you got questions about your state of voting your question what's happening Ashley be able to see Engebretson for the software team or a radio, TV or is it that real clear politics poll of polls includes outlier polls like by the Washington Post. I was up 17% is one polls like that in there, which should actually read 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 when the American Center for Law and Justice right to life.
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I think because we are limited time now. Yet rights going on Pennsylvania.
How does that impact the media shows a nationwide because like let's figure were we arts as it was a once-in-a-lifetime. So if it if it if that showing up. That's where they took you so tight about Bob's grandmother's who might not always love the style of the present, but they see that people like Biden kind of promote these, they kind of are okay with this writing, or that the rhetoric that they use is kind of anti-police and pro-chaos and they don't like that and suddenly they start saying you know what I document I don't trust us got it to be. So I see little bit more.
I think it's a very tight election in the early the early voting. I like to see Where that kind of finishes quickly. How do you think that this writing on the streets in the looting. Yes, anything that plays into the election will I think it hasn't an adverse effect on Joe Biden clearly in park, not simply because you have rioting so close to the election day, but because Joe Biden has never taken a strong stand against you. Rioting person etc. that is hip Portland, Oregon, Minneapolis and other cities. Kenosha, Wisconsin, and where is Joe Biden.
Joe Biden is still hung out in his bunker for safety. Let's go to the phones 164 3110 David Tennessee.
I lied to a David Walker Jay Sekulow life question the court by going to play it like Georgia Tech that you're trying to clean up the damage. He caught the down ballot candidates botching the energy question in the debate last week. So my question about the reported Justice Roberts trying to thread the needle and split between the state courts and the federal court that square with his long history of lending credence to be the champion of story defiance. We've Artie had a seven to opinion in Bush V Gore not always fight for the remedy but it was second to that square with resources going. That's what that's what justice Cavanaugh said there is a distinction between state courts and federal courts, but neither of which are elected by the people to legislate and the Constitution, and he is is you correctly pointed out, and as justice, relied on has specific parameter set forth in what the states are to do and if there's a violation of the Constitution, a federal court or by a state court. Of course the Supreme Court like the same standard or else is not equal protection is not equal justice. Jan I think that I think that's exactly correct what I think the idea that you have your outcome determinative election by whether the litigant decided to federal court or state court, on the same issue anything about that John Roberts opinion honestly would. No disrespect to the Chief Justice.
It's absurd that would be terrible to think that you conform to choose to get the result that you want to go now. Take the exact same question in the exact same issue will go to the Federal Ct., Republican, or go to the state court if I'm a Democrat.
That shouldn't be the case that results should come out constitutionally sick significantly similar and and not different depending on whether you go to the Superior Court of Appling County or the US District Court for the Southern District of Georgia fans and discuss things or any discussions on any of this up and wash during our people realizing the guys kinda C were just bear comes out of the, I think mostly the latter, but I think to the extent there is discussions mostly the message the Jordan gave which is a message directly to voters like whether you agree or disagree with the decision you got six days to vote so you can figure this out.
I mean, like most places. If you are voting by mail and you would plan to mail it, and you have a dropbox that you can drop it off if you can't figure that out in six days and there's probably something wrong. So I think appear in DC elected officials.J their messages mostly to the voters.
Okay like the decision, hate the decision you got six days. Make a plan and go vote. I trust that his luster calls.
I was go to. I was first go to Ronald South Carolina on line 6 Rhonda Walker Jay Sekulow live hey thanks for taking my call. I voted early, and the thing about our state and election committee in our state is that they treat the mail-in ballots as absentees. So you got a request and no matter what.
So have a valid address to send them out to and on.
My question is based on what I've heard about the Supreme Court's decision that think that the Democrats have painted themselves into a corner because now they have to rush and try and get the word out safe.
Take your ballot past past the post often go straight to wherever the election center and collection center is and drop it off there and don't take any chance of it being postmarks after the George you said that they said that they now think it's the talking secretaries of states and blue states essay basically like it. Instances of the larger states big urban population is so you can see the mail having delay problems is that even if you can still under the rules put your ballot in the mail by now. He is postmarked by election days like with get through the postal system by election day so it don't count that if you put it in today. You're even going to be one of those ballots were talked about in court that actually has received by the post office by that date.
So you actually go to either deliver it in person or in states where you can either decide to deliver it in person or give it to them because you didn't use it. They dispose of it and you can actually go.
You can vote at that moment I would tell people this if you're in a position healthwise to go in at a cast of actual ballot in early voting or election day do that nephew not if you're not, make sure you understand the mail-in rules or the absentee rules in your state you get it in the mail by the time you need to probably round out if not, if not earlier, but if you can go vote in person. Go vote in person covert is not worth risking who the present United States is for the next four years and determining the that the way the whole world is lead.
I will think about that yet to let covert decide who the press United States is you should decide I would like to know from Martin what states that are the battleground states for tomorrow on radio are counting the ballot. The mail ballots are ready when they allow you Artie count them yet allowed to count them or that they have to be counted by the end of the election day right and some states or knives they can opener the caves are open until election.
I knows let's get that broken out only for the battleground states. Let's go get Josh and main inmate is in situ because you got right choice. You got three God districts, and I know this import would look at main congressional district to what can be a very telling place that who wins that congressional district on the East Coast can be very important to Josh Walker Jay Sekulow life and that's where I live and reintroduce us in 2018 and now we have Jerry Golden because of it. So there's been a lot of talk with everybody that I know that this is unconstitutionally were never asked. We never got all on this or vote on it and there's a lot of people wondering what the repercussions would be if we were to overturn and will it be overturned but we all have to go back to the ballot box vote over happiness election Presidential sites yet four years so I write why would it be changed now that I get. I think the Constitution leaves it open the states to be.
They can't unique and and made a certain lease you need to slip you three. I mean, but that's what you could say that congressional district to it is one actually watch to see if present from carries that is that's inside present from you so we can get more toward getting to the weasel because you need understand what's coming in the next we are five days and about 12 hours from election day lesson at 55 days in six hours.
Election day starting. So folks, it's good to be to be here before we know it, and working to make sure you understand the law and the Constitution of the broadcast ACLJ is been on the frontline protecting your freedom is defending your rights in court in Congress and in the public arena. The American Center for Law and Justice is on your side, you're already a member thinking. If you're not well this is the perfect time to stand with us, ACLJ.org, where you can learn more about our life-changing work, member today ACLJ