Sport is sponsored by Progressive Insurance. Progressive makes bundling easy and affordable. Get a multi policy discount by combining your motorcycle, RV, boat, ATV and more all your protection in one place. Bundle and save at Progressive dot com. That's Progressive dot com.
H here's a quick weather today. We're gonna have partly cloudy skies around noontime. We have an opportunity for some isolated stores and they say to expect downpours. Today's high eighty five Ray moves out of a night. It's gotta be a little bit muggy sixty seven for a low eighty six with dry conditions tomorrow and partly cloudy skies be clouds of night sixty seven and partly cloudy Friday with the high of eighty eight. Right now seventy degrees. Time for a traffic up day. Chuck Ingram from.
The UCUT Traffics Center. Nearly sixty percent of Americans waiting on an organ transplant are from multicultural communities. Give the Gift of life, become an organ donor. All rights floor a living donation at uc health dot com. Slayers transplant crews continue to work with an accident at northbound seventy I have and Sharon they're on the right shoulder. Minimal delays to get by northbound seventy one. There's an accident above Montgomery Road in Keemwood on the right hand side.
Also cleaning up on four at the eastbound two seventy five ramp.
All clear on eastbound.
Two seventy five at forty two in Sharonville from an earlier accident. It is International clown Week, so maybe you can celebrate by dressing up like Saint Boso or your favorite Midwestern town mayor maybe even your favorite congressman like Chuck Schumer. Or how about an MLB manager like Yankees manager Aaron Boone. Well, no, wait, that's not really fair because they haven't had their judge. We've got ours, and he's coming up next. Chuck Ingram on fifty five krs the talk station.
Hey thirty see this, he gave that a lot of thought. Judge ed of Paul.
Clever, very very clever. If you follow what he's talking about. Mentioning me in the same breath as Aaron Judge is exhilarating for me.
Ah pro props to you know. Sometimes yeah, chech Czechsota half does it. You know, it's National pretzel Day. So here's Judge of Pulatano. Whatever. That was a good one, though I'm gonna have to I'm gonna have to go over and commend him if I can get him out of his his his studio parked in the back in the corner there, Judge Ennen of Palitano. It's always a real pleasure to have you on the program. And the
subject matter of your column the runaway Texas Democrats. I'm sorry every time I read an article about the Democrats, uh, denying the quorum and running away to Illinois or wherever they run. I think amNY Python and the Holy Grail with the scene with with well a couple of scenes where they run away, run away. Not sure if you're familiar with the movie, but I can't deny myself the opportunity to laugh at that. But your column points out, at least legally they're allowed to run away.
They are, they are in the Congress, and the state legislature of Texas can't stop them because the right of every person listening to us now, they're right of every person anywhere to cross interstate lines unimpeded. And I'm not talking about obeying traffic laws. Are paying a toll on
the George Washington Bridge is a natural, fundamental right. And you know, I can't get into the politics of what's going on in Texas except that it's going to start a firestorm because California is going to do the same thing for the Democrats and so on New Jersey. However, these people have the right to leave the state, and the Governor of Texas, frustrated though he is, cannot have them arrested.
Now, you see, I mean it's complicated issue for me. I guess there was one component that would sort of criminalize their behavior if they got paid to leave, which is a different element than just them walking out to deprive the quorum.
But there may be Texas laws against that kind of compensation. And the governor has intimated that if someone is paying your expenses to leave, or if you've raised funds for that purpose under Citizens United, a Supreme Court opinion that basically says raising money for politics is the equivalent of free speech.
I think they can do it.
Can Texas ex post facto declare their behavior to be criminal? No, the constitution prohibits that. So what started out as a bit of a stunt. Let's find a way to get five more Republicans out of Texas, and then morphed into deep and profound frustration. Sixty Democrats are leaving their jobs, their family, and their responsibility by leaving the state. Now becomes a very serious constitutiontional issue.
And that's why I wrote about this.
The right to travel is a fundamental liberty. It is up there with speech, assembly, religion, self defense, just as if it were articulated in the Bill of Rights. That's not me, that's the Supreme Court of the United States in nineteen sixty nine in this case Shapiro versus Thompson.
Well, in your column, and I'm glad you did this because something that's rarely ever mentioned. Of course, you point out that it's rarely, if ever addressed in any case law, the Ninth Amendment. And you point out or I recognize that Madison couldn't like codify all natural rights that we enjoy, because you know, sitting down and sort of you try to think of of all the fundamental human rights we have would be a difficult chore, and you might leave
one out and inadvertently not included. Ergo, that wouldn't be a fundamental right. But the Ninth Amendment protects all of those, and yet it's rarely ever mentioned. Much in the same way the Tenth Amendment. I mean, you know, all rights not expressly reserved of the federal government reside in the states.
I think that seems to be a very powerful tool for states to fight back against federal government control and entering to areas of the law that they have no authority of the Constitution to enter into.
Correct Justice Clarence Thomas.
Is the excuse me, the current champion of the Tenth Amendment on the Supreme Court, and every once in a while he has four of his colleagues agree with him, and then these things stop the Feds in their tracks. So I don't know how this is going to end. The last two or three times they did this, they got sick and tired of being away from their families and away from their jobs. They came home, they fulfilled the choir, and the Republicans got what they wanted. The
same thing may happen again. The big picture is this will cause an equal and opposite reaction, and if you do the math, the Democrats are likely to benefit more from this than the Republicans. Because there are more Republican seats in democratic states that could easily be turned into Democratic seats by moving the margins.
Is this moral? Is this fair? Is it constitutional? Well?
The Supreme Court says it's constitutional unless it's based on race. If it's not based on race, it's constitutional.
The gerrymandering that's going on, you're referring to.
Correct correct, correct, And because you use the word jerrymandering brings us back to Elbridge Jerry and Massachusetts legislator who was first had this blamed on him in the era of Thomas Jefferson. So this has been going on for two hundred and twenty years.
Well, quite often jerymandering is done specifically in order to create race based jurisdictions, you know, protect the communities, or you know, incorporate all like for example, black people incorporating them all into one general district so that insures.
They know they'll have a repent senative in Congress, right, right, That too can be unconstitutional if it impermissively disfranchises whites. So there's really no end to this. The Supreme Court hates these cases, most of these race based cases. The court is all over the place and hasn't given any clear guidance. The best guidance I can articulate is what I said a few minutes ago. The legislatures can draw the line anyway they want.
As long as it's not race based.
There is whether a case involving North Carolina somebody versus Charlotte Mecklenberg. I forget the full name of the case, where the congressional district was the width of a highway because they wanted to connect A to B and they have to be contiguous. Yeah, so the contiguity the connection was literally a highway on which of course no one lived it. Splame court said you can't do that. That is not a valid apportion.
Well, I guess I'm sort of curious to know whether this is something that could be addressed so they're allowed to redistrict. There's no doubt this is a battle of attrition that ultimately the Republicans of Texas will win because the Democrats will eventually go home. There will eventually be a quorum, as you pointed out. But the crisis that's created by this and this whole idea of redistricting and gerrymandering, is this something that's worthy of or can be addressed
by Congress. He said almost, yes.
Yes, Congress. Well, Congress could prohibit redistricting other than right after a census census. In fact, a two conservative Republican members of the House their names now escaping. We have introduced legislation to prohibit these midterm changes. But in terms of how the districts are crafted, Madison left that to
the states, intentionally left that to the states. This very little Congress can do without confronting, as you pointed out a few minutes ago, Brian, the tenth Amendment, because this issue of who you send to Congress and how you send them is expressly reserved, expressly reserved to the states.
Now for those who are struggling to read through their Constitution to find the right to the freedom to travel as a fundamental right, it doesn't specifically say that, though, does it. That's the ninth Amendment?
Correct?
Correct, The ninth Amendment, which is the catch all which those of us who believe in the natural law argue, was Madison's articulation of natural rights. Rarely has you know I wrote a treatise about this called Freedom's Anchor, An Introduction to Natural Law in American Constitutional History, and my researchers, and I looked at every Supreme Court opinion that expressly accepts or actually rejects the principle of natural rights. There's
very few of them, Brian right, very very few. There aren't more than a handful, and most of them are pre Civil War. So the concept of natural rights, though these rights are natural to every human being, is something that the Supreme Court really doesn't.
Want to touch.
When they do touch it, they don't call it natural rights. And I said to Justice Scalia once, well why are you calling this a pre political right rather than a natural right?
Because without natural law stuff, it's too Catholic. It's too Catholic. Too Catholic, you go to mass epartunity. How the others won't go for it.
I can't believe a man of his intellectual level could even turn to that as being too Catholic. Natural rights, those exist for people of all political stripes, even for atheists and agnostic folks.
Right. You know, I was.
Teaching when I was teaching at Brooklyn Law School, tour to of course in jurisprudence, and a young man came up to me. He said, Judge, I went to Catholic grammar school.
I went to a Catholic college.
I heard about natural wall till I'm blue in the face. Now I'm out of law school that's primarily Jewish, and I have to hear about it again.
Only in America, Only in America. Oh, we are blessed every week here in the greatest Cincinnti area, well actually nation wide, since I got people from all different states tuning into the program every morning. But we're blessed to have you on regardless of where you're listening from Judge and Neapolitano every Wednesday at eight thirty here in the fifty five carsing Morning Show. Get his column comes out
tonight at midnight. The runaway Texas Democrats who you got me talking to today on judging Thooday.
I have Scott Ridder at one o'clock today, who's about to argue that some of the president's foreign policy moves there deeply dangerous, like sending nuclear submarines closer to Russia. Max Bloomenthal, who will make the case about the starvation.
In God and Phil Giraldi?
What is the intelligence community up to next? Why was an mi I six British intel agent arrested by the Russians in Ukraine. So this is the stuff we're talking about this afternoon.
Great material and subject matter. We'll be listening to Judging Freedom, and of course next Tuesday or next Wednesday with another edition here on the fifty five Carsing Morning Show. God bless you, your honor, have a great run, and all.
The best to you and your family, your listeners, and to Streker who really puts this show together all the time.
I see him down there at the bottom of the.
Screen without Joe the show don't go oh catchphrase we got going on here, and I appreciate you recognize him because he is a critical element to the fifty five care Sing Morning Show. Love you brother.
We'll talk next week. Have a great forty two.
Right now, fifty five car see the talk stations stagraund We've got more to talk about. Joe's got the phone lines open. You feel free to chime in if you care too. I'll be right backed fifty five KRC