Court Rules on Transgender Sports

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We have to be even more aware of who's coming into our country to make sure that they're not benefiting from this atrocious Supreme Court ruling. But it also means that we have to keep fighting Laura because we actually have an opportunity to reverse this decision just as we reversed so many bad decisions throughout the generations That is Vice President JadD Vance on Fox News last night reacting to the Supreme Court's decision to uphold birthright citizenship. Well much more from that ruling in just a moment plus Another big win for a Democratic socialist candidate this time in Colorado defefeating a fifteen term incumbent in the Denver area. We'll tell you how she did it and what she believes. Also ahead, we'll dig in a new reporting on the massive into the billions amount of money President Trump has made from cryptocurrency just since returning to the White House this year. The numbers are staggering. Good morning, welcome to morning, Joe. It is Wednesday, july first. Yes, we've made it to July with us MS now contributor, Mike Barnacle and MS now, senior legal reporter, Lisa Rubin. Good morning to theote. Get to the Supreme Court in a minute, but just quickly, Mike The amount of money, this new reporting that we're getting from the filing of Donald Trump, the president of the United States has made just since he came back to office in January of last year up into two billion dollars plus. The staggering amount of money that he has made personally and that story was followed earlier this week By the story about his sons and the Secretary of Cmerce's sons, Howard Lutniick's sons, making money off of deals that the United States government is involved with in foreign countries. It's incredible what is going on. The level of corruption that is going on in Washington. Remember the outcry when Hunter Biden was on the board of Barismo while his dad was vice president of the United States peeanuts compared to what we're seeing. We're going to get into the details of that in just a moment, but we will start with the Supreme Court ending its term yesterday By upholding birthright citizenship, that ruling comes in response to President Trump's executive order seeking to end automatic citizenship for babies born in the United States to people who are in the country either temporarily or illegally. The ruling was six three with Chief Justice John Roberts writing for the majority reaffirming the long settled understanding of the fourteenth Amendment that anyone born in the United States is a citizen with very limited exceptions. Roberts wrote, citizenship then and now was the right to have rights, to freely participate in our political community. The framers of the fourourteenth Amendment extended that promise to every freeborn person in this land Robertss concluding, quote We keep that promise today. Justices Samuel Alito, Neil Gorsuch, and Clarence Thomas dissented arguing President Trump's order was constitutional. In his own dissent, Alito called the case one of the most important decisions in the history of the court and that the court, quote has made a serious mistake. Alito, adding, The fourourteenth Amendment confers citizenship on only those children who at birth Owe allegiance solely to this country Justice Brett Kavanaugh agreed the order is illegal, but only under federal law, not the Constitution. The Trump appointee wrote Congress could enact new legislation to establish exceptions to birthright citizenship for children born to foreign citizens unlawfully or temporarily in the country. So Lisa, this is the big one we talked about yesterday when you previewed the final day that we'd be watching for any surprises in either the decision or the vote here I think there are a bunch of surprises here. I mean there are one hundred and ninety four pages worth of some surprises here, Willie. Let's start with Justice Kavanaugh, who stakes out a ground here that I think was not well anticipated by the oral argument. He's essentially siding with majority, as you just noted, but not on constitutional grounds. I was explaining last night, Justice Kavanaugh's reasoning to some of our colleagues in the elevator bunch twenty of s who work in the newsroom. And they looked at me so quizically and I said, That is the plainest I can explain it. And if it doesn't make sense to you right now, it doesn't make sense to me either. So let me try to explain to our viewers. Justice Kavanaugh saying the equal prrotection, I'm sorry, the citizenship clause of the equal prrotection Clause doesn't foreclose Trump's executive order for bidding birthright citizenship to certain people but a statute that uses almost identical wording does And you might be wondering, how is that possible? He says that's because the statute was enacted after the Supreme Court's last case on birth rightright citizenship which carved out a number of sort of exceptions and admitted of no others. And he says, because of that, we should interpret Congress to say, there are only a few instances in which people born in this country aren't citizens. And if Congress wants to change it, that's up to Congress. How he can take though, almost identical wording in the Constitution and a federal statute and interpret them differently might leave a lot of people scratching their heads, particularly when he all but invites Congress to change the law if they feel differently. The other big th surprise here is Justice Alito, who does dissent from the decision, but also says birthright citizenship in the Constitution is a floor. It's not a ceiling And we have humanitarian issues in this country presented by those people who are not yet citizens. So according to Justice Alito If you want to change the composition of who counts as a citizen in this country, that too is up to Congress. So on one hand, you've got Justice Kavanaugh saying, if you don't like who's a citizen, you can limit it. And on the other hand, you have Justice Alito, who also disagrees with the majority's ruling on the Constitution, saying, if Congress wants to confer citizenship on more people in this country It has the latitude to do so, and maybe it should do so. And so in both respects, big surprises here. other big surprise There a big debate between Justices Thomas and Jackson about who is meant to benefit from the citizenship clause of the fourteenth Amendment. Justice Thomas believes that it was really intended always just to help the citizens of slaves, but says it was never meant to confer citizenship on people who are temporarily here or unlawfully here. Jice Jackson reallyaking big issue with that and says the fact that we have consensus about what the central motivation of the fourteenth Amendment was doesn't justify and I'm going to read here her words. Justice Thomas's myopic treatment of it, that the whole point of the fourteenth Amendment was an anti caste, anti subordination reset, not a mere spot treatment for the dark sl In other words, don't you dare use the experiences of Back Americans to drive a wedge between us and other people in this country who want to be here and should be here by virtue of the Constitution. This obviously has been an obsession perhaps of President Trump for some time now, getting rid of birthright citizenship. Now it becomes, I think, a political question, as the justice has said, if you want to change this Congress, Speaker Johnson said condemn the decision. You heard JD Vance, condemning the decision. Even some of the justices talking about birth tourism. that this just encourages people now to come here, have a baby, and move along. Again, those are political questions but I guess one of the big questions a lot of people have is this has been in the fourteenth Amendment for all these generations Why now this sudden almost revelation by some people that oh my God, this is a terrible thing? Well, I think part of it is what they see on the ground, right? This documentation, at least according to the Conservative legal movement of birth tourism, which came up at oral argument. And there was an exchange between John Suer, the solicitor General and Chief Justice Roberts, where John Suer basically said, there are eight billion people in this country who are a plane ride away from being birth tourists and therefore giving citizenship to their country. And John Roberts's retort to that was, well, it's the same old constitution, mister Suer But I think the other thing and this is sort of like zooming out and looking at the Trump administration Writ large, This is an administration where what used to be fringy theories about how to interpret the Constitution suddenly fall into the mainstream. So we think about the unitary executive theory, which used to be something that nobody really talked about, has definitely been pushed to the forefront of their legal agenda. Similarly, some of the ideas that motivated january sixth and some of the legal strategies underpinning it things that people like Ken Chesborro and John Eastman were propounding. Those were things nobody talked about until they started talking about them. and now all of a sudden, they have major currency within the Republican Party and certain facets of the consonservative legal project. What is the interior executive theory? The The Unitary executive theory is essentially an all powerful executive that gets to consolidate all sorts of powers in the executive that we might have thought about and other times as more equally balanced between the three barances. It's interesting that the lives of so many people peopleople not yet born, people who are here now came into conflict in the court this week. You get temporary protected status rulings. You have the fourteenth Amendment that we're talking about. It's just interesting all of these people, most of these people, I would assume living right on a very thin line. I think that's absolutely true. And I think it also speaks to sort of the multifaceted approach of this administration to solving what they perceive as policy problems. So right if you're thinking about the policy problem being undocumented immigration to this country, they have attacked it in all sorts of ways through a birthright citizenship executive order that's now been found to be unonstitutional but also by cutting off temporary protected status to people from all sorts of countries, by starting these waves of crackdown on undocumented people in cities all throughout the country. It's not just that they choose one door to open. It's literally, as our colleague Chris Hayes once said to me in a similar context, it's like they go down the hallway of a hotel and they kick down open every single door that they can at a problem that they believe exists and should be eradicated. The presresident is saying, yesterday in a post, the decision is too bad for the country, but that it will be quote easily fixed it won't be so easy, but he certainly will try. Meanwhile, the Spreme Court also struck down longtime rules that place limits on just how much national political party committees can spend in coordination with candidates. There was a six to three decision there. The court ruled the Federal Election Campaign Act enacted in nineteen seventy four, violates the First Amendment rights of political parties. Republicans, including Vice President Vance and the National Republican Senatorial Committee brought the challenge to court. Justice Brett Kavanaugh wrote the majority opinion, which read in part, in short, constitutional text, history, and precedent, established that the political party coordinated expenditure limits violate the First Amendment. This decision is expected to give Republicans a financial edge in the upcoming midterms because the party's committees have much more cash on hand than Democrats do and can deploy that money without being hindered by previous caps and limits. So twenty four hours ago, when you sat with us, Lisa, you were looking ahead to this and saying if this goes the way it looks like it might go, and it did This will fundamentally change money in politics, and here we are. Absolutely. And it will be the death, I think of the Independent Super PC and the rise again of party apparatuses. And if you're a major donor in this country or somebody who bundles and you're thinking about where to give your money, in excess of sort of the individual contribution limits right now, all of a sudden the major parties became a much more attractive place to spend it. I will also say it's a huge advantage for the RNC. while the Senate committees and the House committees of the Republican Party have a cash edge over the equivalent on the Democratic side, the amount of cash on hand for the RNC overall compared to the DNC is staggering. The DNC is in debt The Republican National Committee carrying over one hundred million dollars right now in cash on hand. So going into this next midterms election cycle with this decision in hand This is not a good place for the Democratic Party and its subordinate committees to be. So how does it affect the flow of money the flow of contributions? Well, I think one of the concerns that the dissenters have, Mike is that what it will do is basically allow people to circumvent individual limits by giving well in excess of what you could give to a candidate, by giving it to a party committee Right now, individuals can give over one hundred thousand dollars to a party committee. It may be that because that party committee can now coordinate with a candidate, if you really want to donate, donate, donate to Mike Barnacle, you may have incentives to do so through his party rather than through super pCs. I've heard people in the political sphere say that this maybe doesn't affect overall sum of money in the political system, but rather where people are giving it and who has control of it. Right now, the chair of the Republican National Committee, I understand, a man named Joe Grouders, and I apologize to him and our viewers, if I've mispronounced his last name, he's probably the happiest person in all of Washington right now. Yeah, and you can compare this with the twenty ten Citizens United decision as well, just one more step in the dismantling of campaign finance laws in the country. one more The Supreme Court also decided to uphold two state laws barring the participation of transgender female athletes from girls and women's sports teams. In another six three decision, the justices ruled against two transgender students who challenged restrictive laws in West Virginia and Idaho. In his opinion, Justice Kavanaugh argued the laws do not violate either the fourourteenth Amendment or Title Iine did express sympathy for transgender girls and women who want to play sports, writing their desire to compete warrants respect, adding they should not be ostracized or vilified. Although the ruling directly concerns only West Virginia and Idaho, it is likely to affect twenty five other states withilar bs And isn't that one of the points here, Lisa, that this now will be used interpreted across the country as effective ban on transgender girls in sports? Absolutely. and that's particularly true, Willie, because one of the challenges or one of the questions that the two plainiffs presented here was not just that the bans were unconstitutional wr at large, but they said they're unconstitutional as applied to us because we could meet exceptions. are reasons Because we'veiced we didn't experience puberty associated with our biological sex, we took puberty blockers, that biologically, we didn't go through the sorts of advantages that you traditionally might think of as associated with being born biologically female. In fact, it's not clear that we have any competitive advantage whatsoever. These states should be forced to look at us as individuals. and the court denied that as well This is also a case where I think some cases you look at and you say, the justices don't have any personal experience with this, right? They're not bringing their full selves to bear on a court. This is one where it's unmistakable that Brett Kavanagh, who wrote for the majority, is speaking of something that's deeply personal to him. He's the father of two daughters, both of whom are now college age, both of whom played high school athletics. And he talks about what the impact would be on women and girls in this country who play high school sports if the ruling had gone the other way. And he has this whole thing at the end about women and girls who play sports caring deeply about competition and making sure that every opportunity that they win is one that they get fairly. But he says every competitor who wins a race or competition deprives another athlete of that victory or medal or prize. Every team that wins because of an added player means that another team has lost because of that added player. So from his perspective, the impact on not only safety of the athletes but on competitive fairness is a huge one. And the last thing I'll say, Willie, is that When Brt Kavanaugh is expressing that the court and other people reading this should have respect Everybody who was involved in this litigation, that doesn't come out of nowhere. That is a direct response to Justice Thomas, who in dissent says some things that are not rooted in case law, They're not rooted in the text of the Constitution or its history. They seem to be rooted in a deep antipathy towards transgender people. And that is why you see the six Justice majority saying here that no student athlete, and again, I'm reading from the majority decision, on either side of the issue, whether a biological female or transgender deserves to be ostracized or vilified. They go out of their way to say that I think specifically because of Justice Thomas. Fascinating dynamics internally there And with that, Lisa Ruben, your court term ends. Thank you for walking us through an incredibly consequential couple of days. Thank you so much. We always appreciate it 'm next. We'll get into the politics of the birthright citizenship decision. Also ahead, we are digging into those newly released financial disclosure forms showing just how much money President Trump has earned in just this first year in his second term of office. The numbers are staggering. And as we go to break a look at the Traveler forecast this morning from Acy Weeathers, Bernie Rino Bernie hass a looking out there Willy dangerous seat and humidity today from the midwest toward the Northeast. Notice mostly nineties, Au weather realfld temperatures over one hundred degrees, spotty thunderstorm in Portland, Boston, perhaps New York City, from Texas toward the Carolinas, It's hot and humid here. There will be some thunderstorms across the Florida Peninsula and that can cause some minor delays in theew Au weather travel forecast in Miami and Orlando other than that You should be A okay To help you make the best decisions and be more in the know, download the Au Weather app today. Discovered top rated stays loved by guests rated highest by real guests through authentic reviews Verbo Book a Vacation Rntal loved by guests More people more devices More AI The way we live today takes a lot of energy Wind and solar are powerful but not always available That's where natural gas comes in with reliable energy whenever it's needed Companies like Eergy Transfer work behind the scenes, safely transporting these resources to facilities across the country through a network of underground pipelines. Learn more at ittakesennergy d. comot The most technologically complex FIFA World Cup ever? justust another day for Verizon business from private five G networks in every stadium A to eighty thousand miles of fiber, and end to end security, Verizon Business is powering every broadcast, every replay, every go If we can do this for the FIFA World Cup, imagine what we can do for you Horizon Business But clearly references an excerpt from the meant to really value an citizenship and now it's being used to de value citizenship. I think it's a good way to summarize it I'm a Fare Thomas. He's with the presresident. As we know, House Speaker Mike Johnson yesterday criticizing the Supreme Court's decision on birthright citizenship. Let's bring in senior writer at the Dispatch, columnist at Bloomberg opinion, David Drucker and publisher of the newsletter, The In onun Substack on and geared artist. Guys, good morning to you both on it. I'll start with you in reaction to the Supreme Court upholding birthright citizenship posted a personal essay he wrote for the Inc, in which you write this,Qote, For all of the dangerous things President Trump has proposed at his first days, the assault on birthright citizenship strikes me as so fundamental becausecause it's an attack not just on a policy question of how and when passports are given out. It's an attack on the idea that anyone can be part of this, that this is a nation of becoming So fundamental is this culture of becoming that even Trump cannot escape. I'll let you flesh that out a little more on it and just get your broader reaction to what we saw in the court yesterday It was an important ruling and a good day in this country, which is not something we can say all the time these days. I am a birthright citizen I will say first of all, I am a citizen. My parents were immigrants. They were legal immigrants at the time, but they were immigrants and My citizenship came from being born on American soil, specifically the soil of Cleveland and And the reason this ruling is so important. is birthright citizenship is not just this legal principle, right? It is deeply connected what It is a sort of cultural idea that this is a nation of becoming, that people can become of this. And it's worth noting that there's a lot of other countries that have immigrants, France, Germany, many places in the world that don't have this principle And what it changes is there's no notion that what the country is Americanness, the way we accept that Americanness is altered, right? that people can become American and that Americanness can be altered by the blood of people who come here. You go to France, that's not The idea, The idea is Frenchness is this fixed thing. It's these cheeses. It's this blood, It's your grandparents having had to be here. can you can sit over here. And I know this because after my parents moved to America in the nineteen seventies, at the end of the eighties, They had an idea of doing it again They were well established in Cleveland And they said with my sister and I let's let's let's immigrate again. Let's move to France And I remember watching them when I was seven years old, watching them arrive in France navigate France and watching it dawn on them that they weren't going to be able to do it again. They weren't allowed to live there But they would never be able to become of this And so this idea of the capacity in this country that we allow people to become American. It shapes the notion that we are a country of becoming, that we are a country of creation, that we are a country that welcomes new ideas. We're a country that is not so scared of Our culture, you know, evolving that we need to lock people out. And I will say, you know, Donald Trump, the part you quoted Donald Trump made claim that he wants to sort of seal us off from the world, but two thirds of his own wives Our imports twowo thirds of his own wives. And I just want to say to the president, even though I was born in this country and Melania Trump was not she is every bit As American as I am, and I will never question that You watching morning Joff, we'll be right back A N editorial in the New York Post slams the first family for using the White House to cut billion dollar business deals. That's next, on morning Joe A big story this morning, newly released financial disclosure forms show President Trump made more than one point four billion dollars in cryptocurrency related income last year as president. According to the nine hundred twenty seven page disclosure, President Trump earned six hundred thirty five million dollars from his meme coin. He also pulled in more than five hundred million dollars from token sales and sixty five million dollars from selling equity stak related to World Financial Liberty, a crypto company he co founded with his sons Trump also continued to make money from his real estate holdings, including one hundred twenty one million dollars from Trump National Dorral, seventy seven million dollars from Mar a Lago, and thirty nine million dollars from Trump Tower, Chicago forms show another eighty million dollars coming in from various legal settlements with companies including Meta, ABC, CBS, and YouTube. When asked for a statement, the White House responded that Trump quote, proudly made the United States the crypto capital of the world, adding the president never engaged in any conflicts of interest. Forgive me for chuckling through that onand. This is staggering these numbers and it's just out in the open. There used to be concerns you can go back to George W. Bush, when his dad was president, people were concerned that he sat on the board of an oil company, that there might be influence there. We mentioned Hunter Biden in Berezma. there was concern. hisis father was vice president of the United States. In this case though, you have Donald Trump, who's obviously has his hand on the scale, his thumb on the scale of cryptocurrency policy profiting to the tune of one point four billion dollars, and we put it all together just in this year and a half of his second term More than two billion dollars coming into him It's staggering, it's corrupt And Willy, like the skilled and seasoned newsman you are, you segued from the birthright citizenship story too this story But I would argue it's the same story. and here's why This was the story about this corruption and self dealing. is what is really going on in the United States, the fleecing of the United States by this president and his cronies and his oligarch friends And what people do when they want to fleece a country in the way that he is. is distract most people and try to get them to not look up. at the very powerful people who are through our institutions and instead to look sideways at the guy next to them Look at that immigrant over there Look at that black person over there. lookook at that homeless person over there. The project A Dald Trump is to fleece this country and make money for himself through crypto, through sneakers, through whatever else and to trick all of us into thinking that someone who came here from Mexico trying to work on a farm in the hope of giving their children a better life is our problem It's really, really important to not be distracted and to look up at stories of like that corruption and not sideways David Drucker, the New York Post editorial booard this week before these filings even came out, published a piece with the headline, Hunter Biden style sleeze is just as slimy when the Trump boys do it, talking about the president's sons. It reads in part, insider deals, finders fees and backdoor introductions to family members are business as usual in third worldld banana Republics But these slimy practices have now been normalized in the White House to the shame of the nation. Trump's sons are part owners or investors in companies neck deep in a key defense contract in Central Asia. It stinks to high heaven. Democrats in Congress are pressing for an investigation into Trump's sweetheart deals. If they take the House in the midterms, these hearings are surely coming. It would behoove the Trump administration, writes the New York Post, and the nation as a whole, if the president gets ahead of the growing scandal, acts transparently and cleans up the whole mess Ford swams his final two years in office and defines his legacy, Mike Bronnacle. So that's a bit about the Trump sons. You could bring Jared Kushner into this as well, the deals he's negotiated over the years while he's negotiating ostensively for peace in Iran and other places. Along with Witcoff's with Steve Witoff and his kids too But again, the numbers that we're talking about this morning in this new disclosure, particularly on cryptocurrency, which this administration has pumped up, has offered pardons to Chinese crypto executives are well over a billion dollars in a year and a half. Yeah, the numbers are staggering. The act itself, the way they're getting this money is Almost beyond belief. David Drucker I don't Have you ever sensed or thought you would be covering a story of this magnitude All out in the open, all in public, whatever you want to call it, unarmed robbery, fleecing, whatever. It's incredible Yeah, I think what's what's Very incredible about this, mike is that the Trump administration's defense, the president's defense is that they are being transparent about this. They're not trying to hide this