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What Ruth Bader Ginsburg’s death means for immigration and the Supreme Court

2020-09-18 | 🔗
Dan Stein of Fed for American Immigration Reform discusses how immigration will be handled in the Supreme Court following the death of Justice Ruth Bader Ginsburg.
This is an unofficial transcript meant for reference. Accuracy is not guaranteed.
Thank you so much. I appreciate that we want to take a moment to consider some of the issues that ultimately are decided by this Countrys highest court. Immigration is one of them its a key issue for the Trump administration as well. Dan Stein is the President for american immigration reform. We are happy to have them on tonight. To what extent is our immigration policy crafted at the Supreme Court level, major issues that define our constitutional norms, our separation of powers, which are in important definitely the side Supreme Court Justice Ginsburg was part of the faction that sought to erode the traditional deference the courts have traditionally given to the president in matters dealing with border security, border control and procedural process for aliens at the border.
This is kind of a philosophical dividing issue where you see the liberal justices, which Ginsberg has been a part of eroding certain doctrinal principles that prevented Americans from suing on behalf of aliens outside the country which dramatically increase the volume in the amount of litigation that was used, for example, in challenging many of the things that President Trump try to do during his administration. Its a significant thing if Donald Trump is able to make this appointment, go quickly, come on what would chuck and Nancy doing the same situation right Mcconnell has got to put somebody up there quickly. So does the president, because this is his stance to put his mark on the court and restore this idea. Congress makes the immigration laws and the president and forces them under this broad delegation of authority, otherwise the system spins out of control thats a very smart point.
The presumption, as he has all of the members behind him, Republicans arent, quite as good at discipline as Democrats are. Do you think, is someone who watches Congress a lot? Do you think he can corral his senators into supporting the nominee? Assuming there is one? A lot of it will depend on how much he consults with LISA Murkowski and Susan Collins before hand gets their buy in on a female candidate. Hes got a pretty good list, hes put together right now, and it depends how well hes able to sell the idea. This is politically in their interest. What Mitt Romney does is an open question. Nobody is expecting hes going to take the side of not wanting to politicize the process. This is an opportunity for Trump to raise the immigration issue within the context of a Supreme Court nomination. If he were to sit on his hands the president through the
election and lose it might be the last opportunity. The Republicans have to put somebody who is really good on the immigration issue on the Supreme Court for twenty years, it seems like the president. The White House is going to come under some pressure to move ahead, thats. What im inferring from what you said. The question is really. Politics is about seizing the opportunity, the idea that we are supposed to be afraid of potentially normalizing violence. Whatever that means our institutions have to be able to function efficiently in our country, the Supreme Court as a part of the efficiencies in those institutions. It represents the bulwark and protection of our democratic liberties. If we cant nominate a Supreme Court justice efficiently and smoothly and get that person appointed quickly, the institutions themselves are in jeopardy, maybe thats what the agenda of the far left is. But an awful lot of people are hoping. The president understands that
theres a lot more at stake right now, theres, no such thing as a Supreme Court justice seat, that is liberal or conservative. There are just good justices who interpret the law of the way Congress intended, and we need a justice on the Supreme Court to interpret the law properly consistent with what a judge is supposed to do not reengineer the constitution, rewrite it or give us a different constitution from what we all supported. Originally, you make a very wise point. If the institution cant function under stress its a function under stress its a.
Transcript generated on 2020-09-19.