Morning Wire XX
[0] One of the most monumental Supreme Court terms has just ended, and Americans' First and Second Amendment rights were on the line.
[1] How will these rulings affect interpretation of the Constitution, state and federal law, and most importantly, American citizens?
[2] I'm Daily Wire editor -in -chief John Bickley with Georgia Howe.
[3] It's Monday, July 4th.
[4] Happy Independence Day, this is Morning Wire.
[5] On this July 4th holiday, we asked our many Morning Wire contributors and other prominent voices, to reflect on what America means to them.
[6] The response was incredible.
[7] To me, America means equality.
[8] Entrepreneurship.
[9] Liberty.
[10] Hope.
[11] Freedom.
[12] Happy 4th of July.
[13] Thanks for waking up with Morning Wire.
[14] Stay tuned.
[15] We have the news you need to know.
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[30] Over the last few weeks, the Supreme Court has released a series of significant rulings on a variety of issues, including First and Second Amendment rights, as well as abortion in the landmark Dobbs decision.
[31] Many are describing this as the most significant Supreme Court term in decades.
[32] Joining us to discuss the key rulings is Sarah Partial Perry, senior legal fellow at the Heritage Foundation.
[33] Now, Sarah, obviously the most seismic of all of the rulings is Dobbs, which overturned Roe v. Wade.
[34] There's been a lot of talk about what might happen on the federal level, what the federal government can actually implement, whether through Congress or the executive branch.
[35] What can or can't be done here on a federal level?
[36] Well, so it's interesting because Congress has only the powers that are enumerated and reserved to it by the Constitution itself.
[37] For example, it has authority under the Property Clause.
[38] And of course, there are certain federal lands in which Congress is appropriately within its right to regulate, expand.
[39] or restrict abortion access.
[40] And in fact, Secretary of Health and Human Services has said explicitly that just a few days ago, saying that they are looking at federal lands as the opportunity for an abortion federal enclave.
[41] Another issue is the issue of chemical abortions and whether or not those can be restricted by the federal government, whether their use and regulation can be expanded.
[42] And within Congress's authority itself, it of course has the tax and spend power associated with the Commerce Clause.
[43] That means that it can regulate interstate commerce.
[44] So, for example, we've seen the Hyde Amendment's passage and continued reactivation year over year because it goes specifically to the issue of taxpayer funding of abortion and naturally concerns the interstate commerce element.
[45] So there are a few avenues that the federal government has, both with FDA regulation of abortifacients, federal lands, and also interstate commerce.
[46] we're likely to see quite a bit of debate, legislation, and possibly litigation following.
[47] All right, let's move on to gun rights.
[48] We had a major Second Amendment case with the New York State Rifle and Pistol Association v. Bruin.
[49] What did the court determine and how does it impact concealed carry laws more broadly?
[50] Tremendous case.
[51] And many people have believed that Dobbs and New York Rifle are opposed to one another.
[52] one, of course, reaffirming the Second Amendment constitutional right to keep and bear arms, and the other, admitting and rectifying the issue that, of course, there is no constitutional right to abortion.
[53] They are actually very much in keeping with one another, and they both presented an originalist, textualist interpretation of the Constitution.
[54] The difference, of course, is that in the New York Rifle case, we were concerned with an enumerated Second Amendment right.
[55] And here, New York's law requiring a restriction that essentially led to increased proof that one was in special need of concealed carry permit was an impermissible burden on an individual's Second Amendment right.
[56] Once again, in the New York Rifle case, the court looked to history and tradition on gun regulation to determine whether or not New York had stepped outside the boundaries of that practice and outside what we've known to be the Second Amendment constitutional right.
[57] They determined that that was indeed the case, that it was too restrictive.
[58] And we're going to see sort of trickle -down effects.
[59] And in fact, many states, including my home state of Maryland, have already begun to issue public statements and introduce bills that are proposing to roll back concealed carry permit requirements.
[60] Justice Thomas, writing for the majority, determined ultimately that it was impermissible.
[61] It was constitutionally prohibited to require extra proof of need to exercise a constitutional right.
[62] Now, there were a few cases that related to religious liberty.
[63] The most high profile is Kennedy v. Bremerton School District.
[64] This addresses multiple clauses in the First Amendment and school choice.
[65] What are the takeaways from this ruling?
[66] This is a case a long time in the making, not as long as Roe being overturned, but Joe Kennedy, coach Joe Kennedy, worked for the Bremerton School District out in Washington State and seven years ago lost his job for taking a private quiet knee at the midfield line at the conclusion of the football games he coached.
[67] He didn't ask anyone to join him.
[68] He never coerced anyone to join him.
[69] He just wanted to give thanks after a successful game and for the safety of his players.
[70] Well, that was an unchallenged way of doing his coaching for many years until the school district received notice that individuals were complaining about potential establishment clause violations.
[71] In other words, that his prayer was somehow school sanctioned and violated the establishment clause of the First Amendment.
[72] While he advanced both a First Amendment free speech claim and a First Amendment free exercise claim, and what the justice is determined was that the clauses in the First Amendment worked together in a complementary fashion, and that the perceived fear about running a foul of the Establishment Clause on the part of the school district wasn't sufficient to overrule or to justify restriction on Coach Kennedy's actual First Amendment right to free speech and free exercise.
[73] Reliance on history, structure, tradition is consistent through the entire jurisprudence of this Supreme Court term and ultimately indicates to us that this court is going in the right direction on taking not an expansive view of the Constitution as malleable or somehow a living organism, but rather that it is held to fundamental principles that do not change and that we have a solemn duty to interpret it in the best way possible.
[74] Now, the establishment clause was also cited in Carson v. Macon.
[75] What did the court decide in that case and what's the significance of that ruling?
[76] Carson v. Macon, the court ruled in an opinion author by Chief Justice Roberts, that the state of Maine could not prevent two families and others similarly situated from using otherwise generally available tuition assistance benefits at a religious school, simply because those schools provided religious instruction.
[77] So it put to bed the sort of status versus use distinction.
[78] In a case called Montana versus Esfinoza, it was a religious status question.
[79] In other words, we cannot send state dollars to religious institutions because of their religious status.
[80] Here, Maine, the state of Maine, tried to skirt that requirement by drafting a law in such a way that they were making a distinction on use.
[81] In other words, yes, it's fine if the school has a religious name, but if it provides religious instruction, it's being put to religious use, then it's an establishment clause violation.
[82] And I think appropriately so, Justice Roberts and the other conservatives said explicitly that is a distinction without a difference.
[83] How many times, in so many words, do we have to tell you that you cannot cut out religious families or religious institutions strictly from an available public benefit because of the religious nature of that activity or those organizations?
[84] Great outcome for school choice, for parents' rights, and for free exercise.
[85] question.
[86] Big picture looking at all these rulings in totality.
[87] What direction is this particular court taking the Supreme Court for the near future?
[88] I think we're headed in a good direction.
[89] These justices, the conservative majority, and there are five of them, Justice Roberts, of course, Chief Justice is sort of the swing vote here, but we do have a conservative block of five that take very seriously their duty to interpret and apply the Constitution in a way as it's consistent with history and tradition in this country, as well as the text and structure of the Constitution as a fixed star in our sky that guides us toward an understanding and appreciation of our own laws, of our ability to pass laws, interpret laws, and to make laws for the governance of the country that not only pass constitutional muster, but ensure our success and our providence going forward for years to come.
[90] Well, constitutional rights are on everyone's mind this 4th of July, so Sarah, thank you so much for providing us those insights to these very significant rulings.
[91] That was Sarah Partial Perry, senior legal fellow at the Heritage Foundation.
[92] To celebrate Independence Day, we asked our regular contributors and other prominent voices to share what America means to them.
[93] I'm Cabot Phillips with the Daily Wire.
[94] America to me is freedom.
[95] It's the ability to work.
[96] worship God without persecution and to pursue whatever dreams you have, living in the freest, greatest country that's ever existed.
[97] Tennessee, Governor Bill Lee here, America, she is an exceptional place, a beacon of hope and opportunity.
[98] Tennesseans know that.
[99] Here, not only do we recognize the exceptionalism of America, we are America at its best.
[100] Hi, I'm culture reporter Megan Basham.
[101] When I think about what America means to me, it means.
[102] of free people having an ongoing conversation about what it looks like to pursue justice in the laboratory of liberty.
[103] I'm Dr. Humanhamatti, as a refugee from the Iranian Revolution who was welcome to this country with no money without speaking any English, without even a home, to me, America means the American dream.
[104] If my family and I could come here with nothing and achieve such happiness and prosperity in our new home, it is proof that our nation is diverse, and full of unlimited opportunity for all.
[105] Hey, I'm Daily Wire reporter Tim Pierce.
[106] Every year around the 4th of July, we visit my grandparents in Texas for the west of the Pacas rodeo.
[107] So to me, the 4th of July is a cold beer on a warm night and the best contest of man versus beast that America has to offer.
[108] It's thousands of people standing under stadium lights with their hands over their hearts, honoring the greatest country ever founded.
[109] I'm Dr. Madanah.
[110] To me, America is the greatest country in the world.
[111] Our greatness is defined not solely by our liberties and freedoms, on paralleled opportunity afforded to those who are fortunate enough to call it home.
[112] I'm Kenny Polkari founder of Case Capital Advisors, and what does America mean to me?
[113] It means we get to live who we are.
[114] It means we get to love who we want.
[115] It means we get to create what we want.
[116] It means freedom and hope and faith.
[117] And in the end, it means opportunity.
[118] I'm David Marcus.
[119] I see the meaning of America every day in my Brooklyn neighborhood.
[120] people from all over the world, all races and religions, here for a better life.
[121] And we are all very proud to live in the greatest country that the world has ever known.
[122] I'm Maria Lorty here at Morning Wire.
[123] To me, America means freedom.
[124] The same freedom my grandparents dreamed of when they came from Ireland to New York 70 years ago.
[125] The freedom to take care of my family and practice my Catholic faith.
[126] Here's to making sure those freedoms never disappear.
[127] Hi, this is Virginia State Senator Jen Kiggins.
[128] as a Navy helicopter pilot deploying to numerous regions, countries, and conflicts.
[129] I've seen firsthand the ways in which our American freedoms and traditions are truly exceptional.
[130] This is why I've dedicated my life to service to ensure those freedoms are protected for generations to come.
[131] I'm asked short.
[132] When I think America, I think freedom.
[133] The freedom to not have the government breathing down our necks all the time.
[134] The freedom to live without fear of persecution or tyranny.
[135] We don't always live up to those standards, but we have the best system in place to make improvements.
[136] I'm Katie Tub from the Heritage Foundation.
[137] We see on every quarter, Iploribus Unum, out of many, one.
[138] A beautiful aspect of America is our genius system of diversity within unity, diverse states, land, and people, all united under the Constitution's framework of unity.
[139] Hi, I'm Congressman Ronnie Jackson from Texas.
[140] To me, America has always been the land of the free because we are the home.
[141] of the brave.
[142] We are the greatest country on earth because of the sacrifices American heroes have made for generations to protect our freedoms.
[143] God bless America.
[144] Hearing those heartfelt responses was inspiring and it really makes me want to celebrate the birth of our nation, which reminds me, John, what are we doing at work today?
[145] You're right.
[146] Let's get out of here.
[147] Happy Fourth, everyone.
[148] We'll be back tomorrow with the news you need to know.