FEELS GOOD TO KNOW THE FIRST
AMENDMENT IS ALIVE AND WELL.
KENNEDY: THE JUSTICES HAVE FOUR
REMAINING CASES TO DECIDE BEFORE
THEY AND THEIR TERMS SO HOW HAVE
THEIR DECISIONS RANKED ON THE
LIBERTY SCALE?
SENIOR VICE PRESIDENT OF
CRIMINAL JUSTICE, PARK NEELY IS
BACK.
WELCOME BACK.
LET’S DISCUSS, WHERE DID THE
COURT GET IT RIGHT AND WHERE DID
THEY GO LONG?
FIRST, NUMERICALLY, HOW WOULD
YOU RANK BEST CASES, DECISIONS
WE’VE SEEN?
>> I THINK THE GUN CASE YOU
MENTIONED IS A HUGE WIN FOR THE
ROTARIANS, SECOND AMENDMENT THE
14th AMENDMENT, PROTECT THE RIGHTS NOT ONLY TO KEEP A GUN AT
RIGHTS NOT ONLY TO KEEP A GUN AT
HOME WHICH WE FOUND OUT IN 2008
I HELPED LITIGATE BUT PROTECTS
THE RIGHTS TO CARRY GUNS OUTSIDE
THE HOME AND STATES LIKE NEW
YORK AND CALIFORNIA AND
MASSACHUSETTS PEOPLE SHOW A
SPECIAL NEED TO CARRY GUNS, IT’S
GONE AND NOW LICENSED TO CARRY
GUNS, THE SAME WITH LYSIS TO
DRIVE A CAR.
KENNEDY: THAT YOU HAVE ASSESSED
THEY WOULD FURTHER THAN PEOPLE
THOUGHT THEY WOULD, WHERE ELSE
DID THEY GET RIGHT?
LET’S TALK ABOUT THAT MAIN
SCHOOL CHOICE CASE.
>> ANOTHER HUGE WIN, WE
DISCOVERED IN THE LAST COUPLE OF
YEARS PUBLIC SCHOOLS ARE NOT FOR
EVERYBODY AND THERE ARE MANY
WAYS TO PROVIDE FOR PUBLIC
EDUCATION, INCLUDING OUTSIDE
TRADITIONAL PUBLIC SCHOOL
SYSTEMS, THAT’S WHAT IT DOES IN
RURAL AREAS IN MAINE THAT DON’T HAVE THE ONLY PUBLIC SCHOOL
HAVE THE ONLY PUBLIC SCHOOL
SYSTEM FOR MORE THAN 100 YEARS,
STATE PROVIDE PARENTS WITH FUNDS
TO CHOOSE THE PRIVATE OR PUBLIC
SCHOOL ASSUMES THEIR CHILDREN’S
NEEDS BUT SINCE 1981, MAINE
DECIDED TO EXCLUDE FROM THE
PROGRAM RELIGIOUS SCHOOLS BUT
JUST BECAUSE THEY ARE RELIGIOUS. WE KNOW THE CONSTITUTION DOESN’T
WE KNOW THE CONSTITUTION DOESN’T
REQUIRE THAT SO ARE THEY ALLOWED
TO?
NO, IT’S JUST TERMINATION SAYING
NO SCHOOLS CAN PARTICIPATE IN
THE PROGRAM RUN BY WOMEN JUST
BECAUSE THEY ARE WOMEN.
YOU CAN’T DISCRIMINATE AGAINST
PEOPLE WITHOUT GOOD REASON, NO
GOOD REASON HERE SO THEY HAVE TO
INCLUDE RELIGIOUS OPTIONS.
ANOTHER BIG WIN FOR LIBERTY.
KENNEDY: WHEN JUSTICE THOMAS
WRITES GAY MARRIAGE AND
CONTRACEPTION WERE DECIDED ON
THE SAME PRINCIPLES AS ROE V.
WADE, IT’S UNNERVING TO PEOPLE
PARTICULARLY IN SAME-SEX MARRIAGES WHO DON’T WANT THEIR
MARRIAGES WHO DON’T WANT THEIR
UNIONS ANNULLED.
DO YOU THINK HE WAS FREE STYLING
HERE OR IS THAT THE DIRECTION OF
THE COURT?
>> OF BIGGEST THE DIRECTION OF
THE COURT, JUSTICE THOMAS IS
EXPRESSING HIS SINCERE FEEL FOR
THE MOST IMPORTANT THING TO
UNDERSTAND IS THE CONSTITUTION
PROTECTS RIGHT NOT SPECIFICALLY
LISTED IN THE TEXT AND SOME OF
THESE ARE UNCONTROVERSIAL LIKE
THE ABILITY TO TRAVEL AROUND THE
COUNTRY NOT LISTED IN THE
CONSTITUTION.
THE ABILITY TO PUT FOOD ON YOUR
FAMILY’S TABLE TO HONEST WORK,
NOT LISTED IN THE CONSTITUTION,
THE LIST GOES ON AND ON.
THE PROBLEM IS THE SUPREME COURT
HAS BEEN COMPLETELY UNSERIOUS
TRYING TO IDENTIFY THOSE RIGHTS
NOT LISTED IN THE TEXT OF THE
CONSTITUTION BUT NEVERTHELESS
ARE PROTECTED THEY HAVE BEEN
DOING IT IN A STOP -- PROFESSION
UNPERSUASIVE TO MOST INCLUDING
JUSTICE THOMAS BUT THERE ARE
VERY CLEAR PROVISIONS IN THE
CONSTITUTION THAT MAKE IT CLEAR
THAT OUR RIGHTS PROTECTED EVEN IF THEY’RE NOT LISTED IN THE
IF THEY’RE NOT LISTED IN THE
TEXT AND THE COURT HAS TO MAKE A
MORE SERIOUS EFFORT TO PROTECT
THOSE RIGHTS.
KENNEDY: IS ABORTION ONE OF
THOSE PROTECTED RIGHTS?
>> REGIONAL LIBERTARIANS CAN AND
DO DISAGREE, IT’S A MORAL ISSUE
AND POTENTIALLY CONSTITUTIONAL
ISSUE.
SUPREME COURT REVERSED ROE AND
CASEY IN THE DECISION,
REASONABLE PEOPLE CAN DISAGREE
WHETHER THAT WAS RIGHT OR WRONG
AND I AM CERTAIN NOBODY’S
FEELING STRONGLY ONE WAY OR
ANOTHER WOULD BE CHANGED BY
THAT.
NEWLY CONTENTIOUS INCLUDING
AMONG LIBERTARIANS WHO CAN AND
DO DISAGREE ON THIS CHALLENGING
ISSUE.
KENNEDY: BUT YOU KNOW WHAT’S
INTERESTING?
THEY TEND TO HAVE RATIONAL
CONVERSATIONS ABOUT IT AND CAN
TO COME UP WITH ARGUMENTS BASED
IN REASON AND NOT JUST EMOTION
AND IF THAT IS THE FUTURE OF THE
DEBATE WE HAVE, IT IS A BRIGHTER