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--:-- John Bickley: This episode is brought to you by LifeLock. Between two-factor authentication, strong passwords, and a VPN, you try to be in control of how your info is protected. But many other places also have it, and they might not be as careful. That's why LifeLock monitors hundreds of millions of data points a second for threats. If your identity is stolen, they'll fix it. Guaranteed or your money back. Save up to 40% your first year. Visit LifeLock.com slash podcast for 40% off. Terms apply.
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--:-- John Bickley: One of the most monumental Supreme Court terms has just ended, and Americans' First and Second Amendment rights were on the line. How will these rulings affect interpretation of the Constitution, state and federal law, and most importantly, American citizens? I'm Daily Wire editor-in-chief John Bickley with Georgia Howe. It's Monday, July 4th. Happy Independence Day. This is Morning Wire.
--:-- Georgia Howe: On this July 4th holiday, we asked our many Morning Wire contributors and other prominent voices to reflect on what America means to them. The response was incredible.
--:-- John Bickley: To me, America means equality. Entrepreneurship. Liberty. Hope. Freedom.
--:-- Georgia Howe: Happy 4th of July. Thanks for waking up with Morning Wire. Stay tuned. We have the news you need to know.
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--:-- John Bickley: Just go to Indeed.com slash wire, Indeed.com slash wire. Terms and conditions apply. Need to hire. You need Indeed.
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--:-- Georgia Howe: 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. Many are describing this as the most significant Supreme Court term in decades. Joining us to discuss the key rulings is Sarah Parshall Perry, senior legal fellow at the Heritage Foundation.
--:-- Sarah Parshall Perry: Now, Sarah, obviously the most seismic of all of the rulings is Dobbs, which overturned Roe v. Wade. 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. What can or can't be done here on a federal level?
--:-- Georgia Howe: Well, so it's interesting because Congress has only the powers that are enumerated and reserved to it by the Constitution itself. For example, it has authority under the Property Clause. And of course, there are certain federal lands in which Congress is appropriately within its right to regulate, expand or restrict abortion access. 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.
--:-- Sarah Parshall Perry: 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. And within Congress's authority itself, it of course has the tax and spend powers associated with the Commerce Clause. That means that it can regulate interstate commerce. 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
--:-- Georgia Howe: So there are a few avenues that the federal government has, both with FDA regulation of abortifacients, federal lands, and also interstate commerce. We're likely to see quite a bit of debate, legislation, and possibly litigation following.
--:-- Sarah Parshall Perry: All right, let's move on to gun rights. We had a major Second Amendment case with the New York State Rifle and Pistol Association versus Bruin. What did the court determine and how does it impact concealed carry laws more broadly?
--:-- Georgia Howe: Tremendous case. And many people have believed that Dobbs and New York Rifle are opposed to one another. 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. They are actually very much in keeping with one another, and they both presented an originalist, textualist interpretation of the Constitution.
--:-- Sarah Parshall Perry: The difference, of course, is that in the New York Rifle case, we were concerned with an enumerated Second Amendment right. 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.
--:-- Georgia Howe: 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. They determined that that was indeed the case, that it was too restrictive.
--:-- Sarah Parshall Perry: And we're going to see sort of trickle-down effects. 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.
--:-- Georgia Howe: Justice Thomas, writing for the majority, determined ultimately that it was impermissible, It was constitutionally prohibited to require extra proof of need to exercise a constitutional right.
--:-- Sarah Parshall Perry: Now, there were a few cases that related to religious liberty. The most high-profile is Kennedy v. Bremerton School District. This addresses multiple clauses in the First Amendment and school choice. What are the takeaways from this ruling?
--:-- Georgia Howe: 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. He didn't ask anyone to join him. He never coerced anyone to join him. He just wanted to give thanks after a successful game and for the safety of his players.
--:-- Sarah Parshall Perry: 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. In other words, that his prayer was somehow school sanctioned and violated the establishment clause of the First Amendment.
--:-- Georgia Howe: Well, he advanced both a First Amendment free speech claim and a First Amendment free exercise claim. And what the justices determined was that the clauses in the First Amendment work together in a complementary fashion and that the perceived fear about running afoul of the establishment clause on the part of the school district wasn't sufficient to overrule or to justify restriction on coach kennedy actual first amendment right to free speech and free exercise
--:-- Sarah Parshall Perry: 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.
--:-- Georgia Howe: Now, the establishment clause was also cited in Carson v. Macon. What did the court decide in that case, and what's the significance of that ruling?
--:-- Sarah Parshall Perry: Carson v. Macon, the court ruled in an opinion authored 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. So it put to bed the sort of status versus use distinction.
--:-- Georgia Howe: In a case called Montana versus Espinosa, it was a religious status question. In other words, we cannot send state dollars to religious institutions because of their religious status. 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. 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.
--:-- Sarah Parshall Perry: And I think appropriately so, Justice Roberts and the other conservatives said explicitly that is a distinction without a difference. 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?
--:-- Georgia Howe: Great outcome for school choice, for parents' rights, and for free exercise.
--:-- Sarah Parshall Perry: Last question. Big picture, looking at all these rulings in totality, what direction is this particular court taking the Supreme Court for the near future?
--:-- Georgia Howe: I think we're headed in a good direction. 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 past constitutional muster, but ensure our success and our providence going forward for years to come.
--:-- Sarah Parshall Perry: 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.
--:-- Georgia Howe: That was Sarah Parshall Perry, Senior Legal Fellow at the Heritage Foundation.
--:-- John Bickley: To celebrate Independence Day, we asked our regular contributors and other prominent voices to share what America means to them. I'm Cabin Phillips with The Daily Wire.
--:-- Cabin Phillips: America to me is freedom. It's the ability to worship God without persecution and to pursue whatever dreams you have living in the freest greatest country that ever existed Tennessee Governor Bill Lee here America she is an exceptional place a beacon of hope and opportunity Tennesseans know that.
--:-- Georgia Howe: Here, not only do we recognize the exceptionalism of America, we are America at its best.
--:-- Cabin Phillips: Hi, I'm culture reporter Megan Basham. When I think about what America means to me, It means a free people having an ongoing conversation about what it looks like to pursue justice in the laboratory of liberty.
--:-- Georgia Howe: I'm Dr. Human Himadi. As a refugee from the Iranian revolution who was welcomed to this country with no money, without speaking any English, without even a home, to me, America means the American dream. 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, free, and full of unlimited opportunity for all.
--:-- Cabin Phillips: Hey, I'm Daily Wire reporter Tim Pierce. Every year around the 4th of July, we visit my grandparents in Texas for the west of the Pecos Rodeo. 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. It's thousands of people standing under stadium lights with their hands over their hearts, honoring the greatest country ever founded.
--:-- Georgia Howe: I'm Dr. Mehmed Oz. To me, America is the greatest country in the world. Our greatness is defined not solely by our liberties and freedoms, but by the unparalleled opportunity afforded to those who are fortunate enough to call it home.
--:-- Cabin Phillips: I'm Kenny Polkari, founder of Case Capital Advisors. And what does America mean to me? It means we get to live who we are. It means we get to love who we want. It means we get to create what we want. It means freedom and hope and faith. And in the end, it means opportunity.
--:-- Georgia Howe: I'm David Barkas. I see the meaning of America every day in my Brooklyn neighborhood. People from all over the world, all races and religions, here for a better life. And we are all very proud to live in the greatest country that the world has ever known.
--:-- Cabin Phillips: I'm Maria DeLorty here at Morning Wire. To me, America means freedom. the same freedom my grandparents dreamed of when they came from Ireland to New York 70 years ago, the freedom to take care of my family and practice my Catholic faith. Here's to making sure those freedoms never disappear.
--:-- Georgia Howe: Hi, this is Virginia State Senator Jen Kiggins. Having served as a Navy helicopter pilot deploying to numerous regions, countries, and conflicts, I've seen firsthand the ways in which our American freedoms and traditions are truly exceptional. This is why I've dedicated my life to service, to ensure those freedoms are protected for generations to come.
--:-- Cabin Phillips: I'm Ash Short. When I think America, I think freedom. The freedom to not have the government breathing down our necks all the time. The freedom to live without fear of persecution or tyranny. We don't always live up to those standards, but we have the best system in place to make improvements.
--:-- Georgia Howe: I'm Katie Tupp from the Heritage Foundation. We see on every quarter E Pluribus Unum, Out of many, one. 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.
--:-- Cabin Phillips: Hi, I'm Congressman Ronnie Jackson from Texas. To me, America has always been the land of the free because we are the home of the brave. We are the greatest country on earth because of the sacrifices American heroes have made for generations to protect our freedoms. God bless America.
--:-- Georgia Howe: 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?
--:-- John Bickley: You're right. Let's get out of here. Happy Fourth, everyone. We'll be back tomorrow with the news you need to know.
