The scent of a Sharks are reuniting with Patrick Marleau the team says its all time leading scorer. We will check the road with starting along the peninsula. Country. Made the choice to make their. Different neighborhoods. Feel. With everything from. The water. Avenue where a tow trucks on scene to pull a wrecked car away north want to learn is having. From Cesar Chavez to the Bay Bridge Great out home and life insurance coverage is just the beginning of all the benefits that come with AAA visit aaa dot com to learn more about insurance and membership and our weather forecast a red flag warning us starts tomorrow and will last at through the day on a Thursday with high gusty winds and dry conditions temperatures tomorrow sixty's to the upper seventy's. Has a hard life if you think about it it's walked on spilled on and have you ever seen your dog. Who it's time to clean your carpet. Will keep your carpet cleaner longer because we don't leave behind the chemical residue that continues to attract dirt and whatever else it is that your dog is trying to rub on it. 20 percent all cleaning services and get a 20 foot carpet of hallway cleaned for restrictions apply. With a market. National average. A.t.p. Isn't just in the payroll business where in the people business helping companies find them. And empower them by clearing the way for them to do their best work because when your people. With. Time. And your company can achieve what you are working. He has investments through principal. Finally had the opportunity to buy his dream car and retire. That might change when his 16 year old granddaughter moved in. With the help of his advisor Miguel reworked his financial plan and now that dream car looks a little different just wanted to be safe for her to drive we can help you plan for that principle investments retirement insurance start today at principle dot com But people like the personal life insurance companies possible global investors possible security. Companies are possible. This is the Chip Franklin. Streaming online and. Join the conversation $888.00 now Franklin. Think. You should bring be able to talk about that been for him with this a new Commodore and I don't know. Kaner you've heard that word before I have heard tell me what you can areas in areas when you're kind of up to some shenanigans. I don't want to yeah yeah. No and I use that word and I'm like got to use that word it's not going to like a corrupt slant on yeah I guess you can have jolly she would be alive on the shenanigans but but she came he is always kind of a little too close to talk how people talk and never in the history have ever has anyone said. Including every sentence you can reason actually. Is a pretty common word to. You that you see it around in circles that I don't hang in the nerd table. So that was just. Ok I'll take my spot of the bird table that's our job it is with the California law group and. Is obviously going to hear a lot of different cases coming up and it's an important court. Everybody that it's funny because Judge Roberts It's hard to make that guy seem like a centrist but compared in some ways of course Richard and Thomas he does seem more to the center Yeah like on things like voting rights he doesn't seem like he's really. He's not willing to. Well German or in case probably was a good good example well look you know John Roberts is the most centrist in some ways of the conservative bloc but he is no one certain terms of conservative. You know with with Justice Kennedy who really was a kind of centrist he didn't really know which way he'd necessarily go on on different issues in the court and Justice Kennedy was certainly the centrist John Roberts was certainly a conservative now you know just as Roberts is I think concerned with in an age in which many of our political institutions are under in some ways unprecedented attack from within and without I think Justice Roberts Chief Justice Roberts is very concerned and focused on ensuring that the court as an institution does not suffer that same fate to the best he's able and that's even more you said in you know a minute ago that this is an important court is even more important court with Congress being so paralyzed and the presidency wrapped up in scandal after scandal after scandal because Congress isn't legislating at all really or very little nothing's coming out of the presidency that's doing anything other than kind of causing more and more scandals and so we're left with the court to essentially make these decisions that for example you know we were talking a Before the break about the you know whether gays and lesbians and trans and gender individuals are covered under the Federal Civil Rights Act 1964 in terms of their employment and you know if Congress were functional in the presidency were functional you know in some ways the pressure wouldn't necessarily even be on the court because look if Congress didn't intend to pass a law protecting people of alternate sexualities in 1904 they could certainly do so today right a functional an operative Congress could certainly Israelis more likely to address an issue that may have wide popular. Support guys who question if there were more gay people than there were straight people in our society would they still need protection is just simply a matter of numbers that protected classes are given this is more protection for lack of it or well yes and no I mean in part it depends on numbers the question is really you know who has the relative power in society when courts are looking at these issues for example women there are nearly as many women as men or more women perhaps and the numbers are about the same in United States and yet their civil rights acts still generally protect women they also protect men against discrimination goes both ways but for the most part they're still used to protect white male it pretty hard to discriminate against me well there are some people who are just trying to that you know and in fact one might say that a good deal of the support for the president and his positions especially among white men especially among non-college educated white men has to do with a sense that they are kind of losing out there not being just another word for them it's call her a bitch. It is I did something that they have a sense of stepping away and looking at the big picture and I mean I think there has to be evidence of a white man literally losing his power not just the fact that there is more diverse a diversity doesn't mean that you've lost any sort of power or that you've lost a place in the workplace it just means you have more competition and you need to step up you can and can't write out in some ways you know the in some ways there isn't even a limited number of people who can be out there in the workforce the workforce keeps expanding jobs keep expanding right there are always more positions in other settings for example in college settings there are a lot of lawsuits that are out there that have so far not succeeded where folks take the position that hey there are a limited number of seats and if you give some of the seats to guarantee them to members of a certain Yeah of any certain group then you're necessarily impacting on limiting the ability members of other groups computer seats or so much. To talk about such little time here I appreciate you coming in let me ask you and I know there's a couple there's a call I want to get to just like Mike so hang on because we're talking about just again Gay Lesbian and. Q.a. Issues I want to ask you something before I forget. If the Supreme Court if it should get to the Supreme Court before the election that that whether or not Congress should be able to subpoena these people and they should have to appear and trying to tell them not to appear it looks destined to head to the Supreme Court say the Supreme Court says the White House those people have to appear and Trump says pound sand. If 20 Republican senators don't move to remove him we're still might write Yeah I mean that you know the you know just Yeah right yeah I mean yes right I mean that when when President Nixon was faced with that same that same orders from court said you have to turn over the secret White House tapes he complied rather than set up the kind of. Really a constitutional stalemate I want to say constitutional fair ISIS put up a Nixon in the same boat unfair to Nixon Yeah probably but the you know I you know I hate to say crisis because you know many of these problems are resolved under the Constitution the president doesn't want to comply with turning over subpoenas Congress can impeach him and you know that the courts have ruled you know Congress will be in a good position to impeach him and if they don't want to write the framers in some ways thought look if the people really know that a president is corrupt or not following the law or doing whatever he or she is doing at what he has what they're thinking but here she's doing and the people still want that person in charge ultimately we have a democracy and if enough people still want to that person there they're allowed to have the right so it's not in the Constitution to allow him to delay the election might declare an absolutely not Ok I could and in fact the you know the election date is set by Congress by statute and carried out largely by the states just by one percent and wants a recount how does that start and you know he would ask for it again and state by state right so so and that's one of the things that makes it difficult for someone like the president any president to take control of a really interfere with the election process the states generally control their own elections there's a federal commission that kind of oversees it but the states run the election and the states have their own laws guiding and controlling the elections right and ultimately the states choose what electors go to the Electoral College and whatever those Aleck. There's an Electoral College decide is that person to become faster but I got I got I thought I got to urinate on there from the real world here like a dog does and say that Citizens United changed all that dark money can go to the states and the threat of pulling the dark money from the Republicans in those states could cause them to do exactly what the White House wanted them to do the Koch brothers say jump they're going to jump well you know 1st of all citizens united didn't change all that the dark money was there long before Citizens United and had been there really since you mean you remember 5 to 7 groups remember here in the Clinton era those are the in many ways the same thing all should and protected it allowed to come from corporate entities but it was coming from other entities before that right I mean so so it's not that you know I don't want to lay all the blame on Citizens United for that I think says United certainly had a significant I'm Recto right couldn't the president after I mean look everything everything we said could never happen has happened that's I don't really disagree that Ok I mean there are a lot of things we said couldn't couldn't happen that that happened how about i president that has violated I mean I you want to go down the list of things that this guy's done that are illegal and or of violate his oath and what has happened we don't have an impeachment why because we know we won't get a conviction why because we have Republican senators or me nothing like they were in $73.00 you know I think you know we do have an impeachment inquiry that is ramping up you know there were there was a special counsel and this president has been under which who came out of pretty ambiguous result and as a counsel come out with a much more damning result I think you would have had you know earlier congressional action I mean the idea that nothing is happening that people are kind of sitting by and kind of saying oh wow look at this presidency I don't think that's really accurate I mean I think that that the machinery is working with what it has and it takes time and at this point you know. Is the president you know is the president going to be acquitted in a trial in the Senate simply because of partisanship. Maybe but the founders that's part of the constitutional design if enough people and enough kind of groups want this guy to stay he can stay even if he's doing things that he shouldn't and you know the it'll go back to the voters right and the voters can say hey you know the Republicans have acquitted this we're Ok with that kind of corruption we want something different but that the attorney general is a puppet. Again I'm not I'm not sure that that really means the attorney general is appointed by the president the Berne general is always an. Back to the Senate but is the attorney general supposed to just protect the president or is the determined General supposed to enforce the laws of the land the true generals oppose and force the laws of Lebanon if you turn a generalised bill and who's going to hold the president responsible if the attorney general won't stand up and I know that Congress is the answer to that question. Well that may be the reality of it but but the but again you have to remember for the president for better or worse is a 42 percent approval rating there are a lot of people in this country that like what he's doing as baffling as it may be to others and what was Nixon's operating at this time 2727 percent right to me there was a much lower there was a lot of political pressure. In 1973 I mean did does Fox News lead to people having certain views or people see having certain views and wanting them reinforce lead to far said to them optimistic you drive me crazy like George Will like it's going to work out for the framers knew what they were doing well maybe I will say well there are certainly things that could you know happen you know that would be really problematic but the. You know the reality is that so far the constitutional structure is holding the courts are reviewing these things and there is a political panel I'm putting my faith in you have been here I guess I'm from a guy do I really believe that we are in danger and I hope you're right again from the California law group or take this phone call this might be hanging on again talking about the l.g.b. T.q. Issue in front of the Supreme Court when we hear the result of that you think how long will that take about you know the Supreme Court they announce these decisions we've just heard today they can announce at any time in theory up until the term ends at the end of the end of June of next year they don't necessarily do it right when they finished it right no absolutely not the get it out within the term by the end of the term butt. The you know this controversial might be the kind of case that actually takes to the end of the term Now which of the sun was so high so it's a I love the way that our law as it is. It has bans a little bit right to gross I mean strict constructionist don't want to but it does nonetheless change as you mention before the you know Civil Rights Act could no way have seen trans trans people there's no way short of all that but also you know Civil Rights Act where they weren't think about sexual harassment which the courts have said let's go to Mike you've been hanging on while Mike give an important question go our comment go ahead. Yeah so I want to set the tone. And I would like 95 percent agreement of just about everything in what I want to comment on my wife and I are fairly progressive we're pretty liberal 'd. And to highlight one answer or story like tell you when I was in the military I had a homosexual or soldier that was in my unit and my position was you know there are a protected class they have a vested interest in our. In the continuance of this thing that we've set up for but just say for instance Iran came in control of our country this person's freedom would be in jeopardy if they wanted to pick up around the proverbial rifle stick and stand up a post to help protect that right so be it and I was opposed by a lot of people the ex would be the point the other day my wife bought a book from John Oliver show last week 1000 is called Something about more than from Joe It's about a homosexual rabbit and my little daughter who's 5 years old posed the question to my my wife when I wasn't there Is it Ok for me to marry another girl and my wife was a formal she didn't know how to answer it and she pursed me that night and said you know how do we what do we do what do we do Michael killingly definition years at least right. So that was what I told him right there the very definition of a hypocrite is we can't maintain this position of liberalism and we have homosexual friends to come over for dinner parties and we just never took the time to explain it but you can't maintain this this attitude of of liberalism and it's Ok but then when it's in your backyard or you're faced with it then all of a sense a couple different position because it's not something you're comfortable with doing what you like how do we deal with this I'm like well you deal with it by saying it is Ok for a female to marry another female but you're a little young and we're not sure that your feelings are developed all want to concentrate on being a kid and we'll deal with those things later my point being is that's important but it's a different that's a perfect and all that's always what I was trying to get out Mike. The point was. You've got to understand you can't maintain these positions of it's Ok to do it but when it's when you're actually faced with it and you have skin in the game it sort of changes the conversation it's a new thing is when it's in your backyard literally everybody has a different approach I know Mike I totally agree I mean but I you know I used to joke saying if I had daughters I'd pray there are no men like I know men I'd prefer they be lesbians right but the idea that I have 2 sons and if one of them came to me and said I'm gay I mean I would not only would I not be disappointed on them I would be I try to be as supportive as I would be as if they said I'm about to get married or you know I again only want to get to the point where it's not a big thing like if my kid came home and said I like so and so that it's not a big deal like if it was the same gender as my son or my daughter just be like So tell me all about him or her or whatever that's where we need to get as a society and that's why when I'm talking about you know the funeral home feeling like the people that are bereaved are going to be offended by being comforted by someone at the funeral home that transgender that is under estimating people that is making an assumption that people can't get over it and I don't think that we should rule ourselves that way that's tricky I have coming up next. Why does a jury have to be unanimous in a criminal trial the Supreme Court's going to consider that that's a huge one and I've been forced with us again from the California law appellate group to talk about that in your phone calls if you have a question 8810 chip that's Nicky to get you to priceless k g o 810 this is a public safety alert from Pacific Gas and Electric company due to forecasted weather conditions and a potential fire risk may have to temporarily turn off power for public safety and we are urging all of our customers to prepare please update your contact information at p.t.e. Dot com slash p s p s so we can keep you informed about any potential power outages . We encourage you to make an emergency plan and build or restock your supply kit with flashlights fresh batteries food and water if you rely on power for medical needs please consult p.t. Eat out com slash p s p s to learn how to prepare for power outages because your community might depend on a power line in a high fire threat area outages could affect you even if your community is not experiencing a wildfire threat please visit p.g. Eat out com slash p s p s to learn more about how to prepare for power outages and attorney Darren Kavinoky from morning 100 no cuffs for years I've been advising you to just shut up but some of you are still getting arrested so here's some 1800 no cuffs just showed up tips if you're ever asked had anything to drink tonight or am I going to find anything illegal in here or even is that what I think it is please Cish the time to speak up is when it's time to call your lawyer at 1800 no cuffs since no one looks good in handcuffs Les you're into that sort of thing 1800 no cuffs I used to pay exterminators to spray my house with toxic chemicals every month call 1807. Inch America's leader in orange oil termite treatment also offers revolutionary methods of press control called 1874 now planet Orange will customize a pest control program for your family using botanical solutions to common past problems call 1874 or go to private orange dot com to schedule free passed inspection today planet Orange Orange you glad you call I never get sick never taken a sick day I'm not going to let a little thing like a 100 degree fever stop my business you know really makes me sick downtime you know the curative downtime Granger with same day Pick Up next day delivery options and time saving inventory solutions Granger keeps our facility running and fit as a fiddle some people go to the doctor I go to America's trusted source for industrial supplies because Granger's got my back call. Put Granger dot com or stop by to see for yourself Granger for the ones who get it done you're in charge of hiring and indeed has solutions like online skills tests which lead a candidate show that they are the right hire will also have a dolphin chatter excitedly in front of the perfect candidate. No Ok there's no dolphin but skills tests that's for sure see why independent research by Socorro chose indeed delivers 3 times more hires than any other job site visit indeed dot com slash promo today and get a free sponsor job upgrade on your 1st posting terms conditions and exclusions apply on a Westwood one podcast network 23rd 2017 this is where the day started Stefano had been trying to get sober for a while now even struggling with his addiction. Around 2009 he started on prescription drug killers he was working for a pharmaceutical company which is. For those of us left behind you're constantly trying to find out what could have done differently this is lasting subscribe today wherever you get your podcast no more of Chip Franklin on Ciccio a. Guy that you Franklin Doro and then forget from California law tell a girl you gotta leave right a 530 hang for a little longer if you need I'm going to be here till 730 tonight yom Kapoor so John's out here and she's not in for John so I'm here for a look at my my cohorts out the door at 6 she's got a now you go you gotta go all the same as I mess with you this is an important thing Ben that this story I guess is it can't you know the case dear that's Ramos versus Louisiana sure they're the heart of this is whether a criminal convictions require unanimous jury so yeah is that in the constitution that they have to be unanimous Hussars don't say anything about the number of jurors who are needed to kind of reach result. Or convict on civil cases or you know they're not unanimous most of time you know so his are often not you know and so the this case sort of. Makes the take the position that it takes a couple of positions one is that and historically the kind of English law that was eventually incorporated into American law at the outset at the founding understood the concept of a criminal jury trials to require a unanimous result and then it further says that kind of principles of fairness under the 8th Amendment to the u.s. Constitution also require a unanimous jury for a conviction there are only 2 states where the fairness is cruel and unusual punishment Yeah that is that it is cruel or unusual to you know punish somebody and find them guilty when they may on a day the minute there's also a due process you know for the moment $1414.00 Roces So there are several arguments that are being made there and it's a pretty strong argument and there are only $448.00 states wrong why are unanimous Yeah and then I think it's very likely that the court is going to say you need a unanimous jury verdict for a criminal conviction there are 48 states 48 states require this already really by state law it's Louisiana and Oklahoma and the reason I try so you can have like you know 10 to 2 and convicted person Yeah yeah and. It just changes law last year to require unanimous verdict for felony convictions but it still worried about its previous convictions with less than a unanimous for cause if they go to way would people that have been convicted in the past have a case there's a possibility that's exactly right there's a possibility of that so they would be able to then file his corpus petition on the basis of potentially debate on how the extreme court rules when in the case when it's politics versus justice these days. In general let's talk about just a the concept of like you know the after the black lives matter thing you know 19 year old kids getting pulled over and with no p.c. And a cop from a can end up where they get shot reaching for their wallet you know we're not really it doesn't seem to me that that were really there's a way to address that that's not political you know well I mean California just passed a law requiring significant new training for police officers on deescalation skills and other ways of employing non-lethal force. To the surface I think. It's a law right in the laws laws. But they've been over the you know the state was looking around and it wasn't the most stringent rule that was passed also changed the standard by which police are permitted to use lethal lethal force. Ben for your get I'm sorry I was interrupt you right thing and I get my point right California he says Welcome to my world we're turning a bit of foreigners with us here he's been nice enough to stay a little bit longer I want to ask you when we come back. How much damage could try to to like Doc and these other programs that protect people who came here and number that stuff about being able to deport u.s. Citizens can you explain part of that we'll get to that he's making a face I'm a man I maybe I've heard that somewhere else we'll get to that all coming up next on. 8. 34 counties in its service area in an effort to prevent wildfires. Get in stages after midnight beginning with customers in the northern portions of Kern Trinity and counties have been added to the potential scope of the shutdown the company says nearly 800000 customers could be affected by the shutdown which could last through midday Thursday. Facilities for professional baseball soccer and cricket could be coming to the Santa Clara County Fairgrounds county leaders voted. To move forward with an effort to preserve the site as a public park while building hotels and sports facilities supervisor Jessamy and says maybe it's time cricket players have their own fields cricket as I recall takes up a fair amount of space but I think it's a it's a use that is the least intriguing to me in terms of the changing work regional demands were Carmen's of the community these and as a Giants and as a earthquakes and USA cricket want to build on the side leaders say revenue from the development would help fund the annual fair and youth activities such as Future Farmers of America in Washington a former Republican Congressman Trey Gowdy has been tapped to serve as outside counsel to President Trump as the how to piece of an impeachment inquiry expands Gaddy is a former South Carolina congressman who did not seek re-election last year to the seat he had held for 8 years Federal Reserve chairman Jerome Powell may be opening the door to another interest rate cut tells the Denver audience that u.s. Job growth this year has not been as robust as previously thought is that could take some of the spark out of inflation and encourage or a cad to keep economic momentum going where we have seen a booming job market we now see a more moderate growth. The benchmark revision will not directly affect data for job gains since March but experience with past provisions suggests that some part of the benchmark what they will carry forward. On Wall Street today. Between the u.s. And China just before the 2 sides to discuss trade. And we will take a look at the roadways starting in the north. And what to do with. Now where there is that semi just before say or just after San Antonio still blocking the right lanes out of San Francisco north one is packed from Cesar Chavez to the Bay Bridge matters firm for a limited time take home a free adjustable base with the purchase of $699.00 plus get up to $400.00 in savings and enjoy 0 percent a.p.r. For 6 years 0 down and 0 do at signing shop to save big sale online or in-store and our weather forecast a red flag warning starts tomorrow because of the high winds and dry conditions temperatures tomorrow in the mid sixty's Tupper seventy's even warmer for Thursday . Think you can get a DUI after just 2 drinks happens all the time I'm attorney Darren Kavinoky from 1800 s. If you get pulled over I'm reminding you to just shut up it doesn't make you look guilty it makes you look smart call 1800 that's 1800 right now we're hearing a lot of just how sound efficient in Armstrong window. Outside noise the best. 1000000000 Can you believe it for free estimate call toll free 87771234 that's strong Windows 85537. License 24529 Get ready for an exciting 29000 Fleet Week coming to San Francisco. See the Rangers airshow Torah Navy ships welcome our sailors and marines. To the schedule of events. And. That's what the 3 Stooges this. Is what the White House did back in 74 I would call these guys. But this is from the California or he is the chairman and way too smart to be on the air with us but we appreciate it anyway. There are there are a lot of things the Supreme Court let me ask you a question I was asked recently when the Supreme Court says are going to hear a case. So you know there's a case that goes to a pellet goes to a 3 judge appellate court Right right and then here it's the 9th Circuit Court of Appeals which the earlier circuit court as many people call it a yeah yeah yeah so if they decide against or for someone the other group and appeal the Supreme Court right they can make a case a Supreme Court they decide whether or not they'll hear it based on its merits and a lot of different things right most cases go that way either come out of the federal courts or they come out of a state court of last resort a state supreme court or a few types of cases which the Supreme Court has original jurisdiction especially for example suits between 2 states go to the St courts of the for the 1st time or this battle between Congress and Executive Branch right they could actually hear as to here that if Congress appeals to the Supreme Court. For assistance in getting people to testify to these subpoenas they answer subpoenas right you can try to skip the appellate court in pretty much any case very usual be unlikely that the Supreme Court there's a time line for this is an election in the end that 14 months right that's true the court though the Supreme Court often very much likes the input of the lower federal court and you know the way that that court will set up the case kind of for Supreme Court court review in an easy way my point is if Trump won't turn over documents and won't allow people to testify and the courts keep telling him he has to write his tax returns right sure. Supreme Court has to hear that and they have to hear it in a manner like they did in Bush v Gore right they've heard that one right away right yeah I mean it's very likely if there's a reason to and they you know 4 justices kind of agree that. Somehow or 5 justices are all the justices agree that something needs to happen more quickly things will happen more quickly than you said and you know a rapid briefing schedule and they can issue a decision within days within hours of the know what they're going to do so you know all these cases are for the Supreme Court when you real smart guys get together and talk about this which are the ones the. The most and why well you know there are a lot this term that's one thing I'll say is that you know last term the Supreme Court really tragic by the way slowly nowadays can I say smart as a pejorative right. Right yeah yeah elite and you know that's a bad thing yeah yeah bad you I'm sorry so you so there's a lot of yeah you're hearing a lot today yeah I mean this well this term I mean the you know last term the court really tried to kind of keep it slow there had been a very controversial appointment process with Justice Kavanagh and that remains somewhat controversial the current court is still kind of smarting from the cabin always Garlin seat right there radically of course as you know or those those . Gorsuch but there's a change in rules about whether you can filibuster Supreme Court justices you know there are a lot of controversy over really both share the whole you know the whole Yeah the so-called stolen Gorsuch seat that was still on the right that's just the way we're politics that's how it works that's politics that's the constitutional structure here that I won still and yeah I mean I just said the it's and its politics but it's Norm kind of removing norm destroying politics right I mean politics sort of works our political system political systems in general work in part based on the written rules and in part based on kind of the customs of say Trump was president it was a Democratic Senate and he was going to appoint somebody that you know whoever be head of the Senate at that particular time right Democrat they might think I could have seen them doing the same thing could you imagine that scenario where they just would not hear the case it's hard to say really ever happened before I mean they you know it's never happened before where President you know nominated somebody and . The person just didn't get a hearing for over a year with no real explanation why other than the fact that well we've got an election that we're hoping to win you know year year and a half from now you know halfway through the term I mean I think about. It's really might have happened I mean that you know recognize that Justice Scalia kind of he was his leaving the court was very unexpected he died the court had been split you know 54 for a very long time and if President Obama was able to appoint a more liberal justice that would lead to a pretty substantial shift in the makeup of the court although some really want and I think that was a you know girl was probably pretty centrist on some issues he was as left of he was a quote you know. What you might call it a judge with legal views probably similar to President Obama's who was in many ways a relatively centrist legal kind of thinker and all of this everything we're talking about is the undercurrent abortion Row v Wade states' rights women's rights it seems to me that that's the heart of this all these federal judges the reason McConnell The reason people put up evangelicals are putting up a Trump is all about abortion I think abortion is important to other people but there are a lot of other issues that are also really really important to a lot of people from immigration to gun rights to free speech to. You know many of the things that we've been talking about criminal rights you know these changing core I mean the differences in opinion between sort of the most right wing justices and the most left wing justices are extremely subsea I think and are there any gun issues coming up before the court there is the court is actually going to hear the 1st gun case since it heard Heller and McDonald cases and John it was the case that said Heller this was in d.c. Right it was d.c. That Heller was a case that said you have a 2nd Amendment right to have a handgun in your home for self-defense was a relatively narrow ruling handgun in your home for self-defense as d.c. Did not allow those d.c. That allowed and then and make McDonald applied that to kind of state laws but but so the court has otherwise in the last decade that was set in 2010 the court has not taken on a gun case and there have been a lot of opportunities and. Ray has been very actively litigating every gun. You have here Chris trucks He says if you really want to get good gun control every black person go out and get a gun right a law. All of a sudden know the you know there's you know. The so the but the so this term the court is going to hear a case called New York State Rifle and Pistol against New York City New York City has a law that says Ok even if the 2nd Amendment gives you a right to have a handgun in your home you cannot transport that handgun anywhere even if it's in a locked case unloaded and even if you're going to your home or to a shooting range so this kind of has to stay in your home it has to be in your home to somehow magically appear how to get there I mean I heard you you grew it made it right this is kind of one of the problems with this law in all likelihood So yeah I mean I think you hear your reaction as probably gives an indication of the Big Gulp cups are going to move that you've got to take an example I mean maybe that's right exactly right so you know I think that the this is a case for the Supreme Court is you know the law is so strict that it may even be kind of infringing on this now identified constitutional right to have a handgun in your home and a very basic self-defense they have to strike down the entire law in take it apart piece by piece what how do they deal with something like that where the law is Ok except for this one part it depends on the law and what the court wants to do some laws in fact include a specific provision when they're written that says If any part of this law is later deemed kind of a lot lawful or on situational that the rate remainder of the law kind of is intended to remain that we want the rest of the law to remain without this expect one to work but that that issue in fact that issue just identified is at the heart of a case that may go up this term to the supreme court depending on what the 5th Circuit does on Obamacare there's a lawsuit brought in Texas last year where the claim was and now that Congress has removed the penalty for not buying. Health insurance for the individual the whole Obamacare health insurance scheme which hinged on that one issue of where the money came from needs to collapse Yeah I mean that was the theory at least the reality actually is that not having that mandate hasn't on its own apparently caused a major effect on the amount of income that insurers are getting and it's kind of like telling an insurance company that people can apply for they don't have to pay their premiums they just when they get sick they start paying their premiums and they get it then I mean the mandate was going to be for young people pan into it who aren't going to probably use it to their 40 right and that that was going to be the buffer is the yeah that was the theory that the reality has been however that there's enough I guess healthy people who are buying health insurance off of the kind of newly available Obamacare exchanges who are the insurance companies directly under Obamacare that there hasn't been a reported significant decrease in the insurance companies and it may just be that people are smart enough to realize you know you need health insurance even if it's low and for your hearing right now from the California law group I want to get some calls in 808811 last question about if I know. You know I love to talk to people like you because it's all day I'm talking to Nick you're carrying on and we're tired of it thank you Ben for coming in if in fact if in fact trump Israel acted and he gets to appoint 2 maybe 3 people to the Supreme Court and McConnell stays in the Senate. That could do I say the word damage if you're conservative you're excited you're running around naked in your living room but. Did the framers anticipate that kind of swing and that kind of partisan. Ok well then there are obvious a lot of assumptions there from Bill get reelected a Republican will get reelected and then Democrats will be the people who are lead by the way I want although that's likely I mean the older members of the court are the left wing bloc you know Justice Breyer Justice Ginsburg get my hero Yeah I don't think she's leaving anyway but sideways I think she's going to do everything she can to try to remain in office until a Democrat is going to be the one I love her for that and I mean I think that's to mate you know she really believes in it you know and she's she was on the bench today after Goes going through pretty serious chemo for cancer and he can come to work when she's got a sniffle and Justice Scalia Justice Thomas was actually Justice Thomas was absolute yesterday for being sick while Justice Ginsburg was there you know and he doesn't have a phone call in here with you but well I was going to answer your question which we don't I don't have to do is there with you if you wanted to ask your question there are you know with the framers thinking about this kind of switch you know over time well certainly you know there are a couple aspects to that one is you know the framers were not I think at the time that was written thinking that the Supreme Court would be as involved in issues that were so kind of politically charged in a way that affected people's lives very personally the Supreme Court has you know developed a doctrine of law that for example applies to things like abortion this concept of certainly no political parties when they created Supreme Court really right I mean there was no there were there were political parties there hoping that they wouldn't really take hold of those were political parties and as this is always really had 2 primary political parties even if it's going to change the same issues but the but you know there was no idea at the time that Supreme Court would one day be protecting an individual right to privacy for example or protecting a. Person's right to an abortion under subsidy you know under this idea of substantive due process and so you know where the frame. Just thinking of these kinds of switches Well certainly over the course of a presidency I think the framers assumed that a number of Supreme Court justices would leave particularly a multi term presidency remember there was not a there's not even a 2 year to 2 term limit at the time because we didn't really need the Bill of Rights for most of those things kind of. I mean the Bill of Rights was it was pretty important for a lot of folks I think to get them to sign on because they see the left I mean there are at the time the people that wanted to make sure that the 1st Amendment being the one the most important obviously if I was the 1st about being able to speak up against your government after King George and all that right I mean yeah I mean I think at the time you know you wouldn't really have the same kind of left right stiction as you think of it today but there was this idea that they were worried there would be an oppressive federal government that would interfere with people's rights to have at least the states that they wanted that mostly directed their lives right I mean that for example the 1st Amendment 1st to the Congress you know it will make no law that a bridge is freedom of speech or the press and say anything about the Congress or the States and the founders certainly knew about that but over time the courts have said no no no that certainly applies to state governments as well and particularly after the Civil War when your state was no longer the body that protected you against the federal government but instead the federal government had a role protecting you against oppressive states they have pornography laws back then. These certainly had laws that applied to certain kind of licentious wrong yeah yeah remember sexuality human sexual behavior was unlawful there were also grounds you know sodomy was a grounds for divorce you had to have a reason to get divorced legally at the time so there were certainly laws that prevented behavior that was considered too licentious to be permitted p.c. Ality for example but you didn't really have the kind of mass printing of pornography in the way you you do to. No I was who. Invented the printing press right and there were monks who drew pornography in the sides of the scripts in their monasteries and I've said it alleges but but you didn't have the No one was kind of drawing it up and sending it around you weren't kind of worried about their children's. Great new advance and technology has always started with pornography I mean people lived on farms you know they would marrying your cousin or something was not really necessarily a problem at the time you learned about things like sexuality from the outermost pretty early on this was an agrarian country at the founding wasn't really the same and it is. Interesting thank you for hanging around and your stereo a bit longer happened to you rock thank you and right yeah I love listening it's great Unfortunately I have to talk in between and I know there's a part of the you going to come to our debate and invite him you know have to invite you to tell you about all the deals that I stopped by the way if you just checked in John Ross and of course the poor and he is not going to be here tonight and I will be here until 7300 my god that's next thank you Franklin. Mark Thompson relating to your familiar with white cloth. White clause is being supplanted by this. 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D. E. L. Or Moscow it's. Hey this is Ben Shapiro I'm going to do something I thought I'd never do I'm going to endorse Michael not as a person is Michael Knowles of course but he is also original and I guess I'll say it is funny more bizarre details emerge about Jeffrey Epstein the obvious murderer at the hands of Hillary climbing so inside he's doing his part to keep our daily wired tumblers filled to the brim with sweet sweet we were in the you lose Carlos my love. His book reasons to vote for Democrats which is completely blank to the number one spot on Amazon that was indorsed by President Trump the president of the United States culture is so sick that you're actually not doing any of the things that politics is supposed to text back if you 64600 and all send you a link to Michael's show to listen on your phone for free Ok the fact that Michael moles has a really great podcast doesn't actually care about my feelings I do want you to listen to Michael Moore Yes I know I can't believe I'm saying that it happens to be true at Tech spent 264-6000 listen and subscribe to the data rates may apply now more of a shift frankly on a tad. I need to know our she's halfway out the door and I have mentioned before Ben is nice enough to hang with us for a little bit while a bit longer and we're going to. Again I've been for years from the California power law group where he is the chairman Chairman I want to be a chairman for can be chairman of show right now Ok I was going to Bob in Union City Bob you have a comment go ahead. This is a question and that's not going to be quick this afternoon the White House sent a letter to Congress saying that they will not cooperate in the impeachment probe. Given what you know Ok this is what they said they said given your inquiry lacks any legitimate constitutional foundation any pretense of fairness or even the most elementary due process protections the executive branch cannot be expected to participate in that 2 questions Is this legal and assuming that it's not how would your guest recommends that sings proceed. Loudly. Thanks for the call and you know what let's break and we'll come back we'll talk about that again so the White House has actions today saying we're not going to be party your party game we're not to your impeachment game we're not going to play then that's actually what they did yeah a government lawyer I think very yesterday said expressly that oh well we can't provide grand jury testimony because that's how they got Nixon something along those lines on his quote unquote but that's you know that I think the question was you know would under our and I think this isn't like our door our theory of the Watergate information would be the good news is Ben will be back the bad news is Nicky won't and I will too anyway so stay right there on Nicky and I will be back tomorrow doing this and Ben will be if and when answer that question and any of your other questions if you have 8810 months off tonight and I'm doing the line share. San Francisco. Download to tune in and see you can take sound with you wherever you go going to have a new president should be outraged and infuriated by news of a widespread power shut off to prevent deadly wildfires but he says he had to make the decision to cut off electricity as forecasts call for hot dry winds that could spark wildfires we have an antiquated system. That needs to be upgraded we have been very vocal about that as you know we aggressively legislated. To try to get beach. So they can upgrade their system and have more modernized ability to turn on and. Shut off to about $800000.00 customers will begin after midnight tonight in Oakland they're taking the red flag fire warning seriously.