All language subtitles for The.Fight.2020.WEBRip.x264-ION10-English

Chief Justice Roberts:
I, Donald John Trump,

do solemnly swear...

Donald Trump: I, Donald John
Trump, do solemnly swear...

Roberts: That I will
faithfully execute...

Trump: That I will
faithfully execute...

Roberts:
The office of president

of the United States...

Trump: The office of president
of the United States...

Roberts: And will,
to the best of my ability...

Trump: And will,
to the best of my ability...

Roberts: Preserve, protect,
and defend...

Trump: Preserve, protect,
and defend...

Roberts: The Constitution
of the United States.

Trump: The Constitution
of the United States.

Crowd: (chanting) Immigrants in!
Donald Trump out!

Immigrants in!
Donald Trump out!

(chanting continues)

Always the most
difficult decision of the case,

which tie to wear.

And yet they're both almost
exactly the same.

News Anchor 1: Breaking right
now, President Donald Trump's

executive order
to ban immigration

appears to have
taken effect already.

New Anchor 2: Homeland security
officials started holding

immigrants this morning
who were arriving

from these seven Muslim
countries in the Middle East.

The president's order bans
nearly a hundred...

Trump: I'm establishing
new vetting measures

to keep radical
Islamic terrorists

out of the United States
of America.

We don't want 'em here.

News Anchor: All day,
demonstrations have been

growing outside at JFK airport.

The crowds there chanting...

Crowd: (chanting) Let them out!

Lee Gelernt: I was at home.
I'm slowly seeing

the news coverage
at the airport.

News Anchor 1: More than
100 people detained

or denied entry
into the United States

at airports
across the country.

Michael George: We've seen
volunteer lawyers,

and they're literally
in the terminal,

sitting on the ground on laptops
trying to write arguments,

write briefs to try and get
these individuals released.

News Anchor 2:
The Trump administration

holding firm that the president
not only has the authority

to pursue the order,
but a duty.

Gelernt:
I said to my wife and kids,

"I'm going out to court,"
still not really grasping

the magnitude
of what was happening.

Crowd: (chanting) A-C-L-U,
we are here we stand with you!

A-C-L-U,
we are here we stand with you!

News Anchor: The ACLU have gone
to a federal courthouse

in Brooklyn to try to implement
a stay for the Executive Order.

Gelernt: And the judge came in
and said to the lawyers

for the government,
"Can you tell me right now

that letting these people
come into the country

will threaten
our national security?"

The government said, "Well,
the president believes so."

Someone from the audience
came rushing up to me.

And he handed me a piece
of paper and said,

"My client is about to be put
on a plane in 20 minutes

back to the Middle East.

And she will be
in serious danger."

News Anchor: We're going
to take you straight

to the federal courthouse there
in Brooklyn, New York.

Correspondent: We have not
received any word,

they're not letting anyone
else in, but the crowd here

is sort of anxiously
awaiting word from inside

as they all sort of press
their noses up to the glass

and look inside to see
when the lawyers come back out.

Woman:
Just leaving the courthouse...

The stay was granted!

The stay was granted!
The judge was amazing,

giving love to the ACLU!
Thank you to the ACLU lawyers!

Crowd: (cheering)

Correspondent: The immigration
lawyers are raising their fists

in the air!
They're pumping their fists!

Crowd: (cheering)

Anthony Romero:
This is Lee Gelernt,

deputy director of
the Immigrants' Rights Project,

who argued
in the federal court just now.

Lee, why don't you tell us
what the judge granted

and what you asked for?

The judge, in a nutshell,
saw through what the government

was doing and gave us
what we wanted,

which was to block
the Trump order.

Everyone now who came is safe.

The president
could not override the courts.

(cheers and applause)

Crowd: (chanting) Thank you!
Thank you! Thank you!

Thank you!

(dramatic music playing)

(crowd cheering)

(crowd continues cheering)

Man: Thank you all!

(singer humming)

(upbeat music playing)

News Anchor 1: The Supreme Court
today ruled that states

may not forbid the teaching
of evolution in public schools.

News Anchor 2: The Lovings were
convicted under Virginia law,

which forbids any white person

and colored person
marrying each other.

News Anchor 3: The Supreme Court
today legalized abortion.

News Anchor 4: The ACLU urged
that the government stop trying

to regulate pornography.

News Anchor 5: The American
Civil Liberties Union

is maintaining the Nazis
are being denied free speech.

The American Civil
Liberties Union planning

to make same-sex marriage
legal nationwide.

So help me God.

Roberts: Congratulations,
Mr. President.

Donald J. Trump is calling
for a total and complete

shutdown of Muslims
entering the United States.

We've never seen
anything like this

in our 96-year history.

Trump: I would absolutely
bring back waterboarding

and if it's gonna be tougher
than waterboarding,

I would bring that back.

Do you believe in punishment
for abortion.

There has to be
some form of punishment.

Chris Matthews: For the woman?

Yeah. There has to be some form.

I want surveillance
of certain mosques, okay?

I will build a great,
great wall.

(upbeat music playing)

(crickets chirping)

Jane Doe: (speaking Spanish)

Brigitte Amiri:
Somewhere in this pile

is the anonymous letter
that was sent to me.

This is it.

Uh, my name is handwritten
in pencil, uh, misspelled.

So I can read parts
of the letter but I can't read

all of it, because it has
identifying information.

It says "Today is 12/17.

There is a girl at blank shelter
in blank state.

She wants an abortion,
but O.R.R. will not allow it."

(dramatic music playing)

Amiri: The government
can't ban people

from accessing abortion.

I called the Department
of Justice when I found out

this was happening,
and I said,

"You can't be serious.
You cannot be physically

obstructing someone
from accessing

their constitutional right
to an abortion."

And they said, "So sorry,
that's our client's position."

And I said, "Well,
then you will not be surprised

when I challenge it in court."

I wanna know, like, how
he was appointed,

who contacted him,
how he came to work for O.R.R.

-Things like that.
-Yeah.

Amiri: And then it's like,
who has he talked to

about abortion?
VP? President?

Why can't I ask that?
I can ask that, right?

You can ask that. Yeah.

Videographer:
Will the court reporter

please swear in the witness?

Court Reporter: Do you swear
to tell the truth,

the whole truth,
and nothing but the truth

-so help you God?
-I do.

Amiri: This minor
had been raped, correct?

Uh, well she claimed to
have been raped, yes.

Amiri: Do you have any reason
to disbelieve her?

No.

This minor had thoughts
of self-harm?

She expressed something
along those lines, yes.

Amiri: You also believe
that abortion is a sin.

What does that have to do
with anything?

Amiri: It has to do with a lot.
I get to ask the questions.

-Sure.
-Amiri: Mr. Tomlinson

can object.
So my question is,

do you believe abortion
is a sin?

-Yes
-Tomlinson: I can object.

He's testified in the past
that he does not let religion

guide his job.

Amiri: I'm trying to understand
what the policy really is here

with respect
to abortion requests.

Okay, then let's talk
about the policy.

Amiri: Okay.
I'm trying to understand

whether there is any
abortion request

that you are ever going
to approve.

And the answer
is which I've answered

is, "I don't know."

Trump: Now for the first time
since Roe v. Wade,

America has
a pro-life president,

a pro-life vice president,

a pro-life
House of Representatives,

and 25 pro-life Republican
state capitals.

That is pretty good.

That is pretty good.

Wow!

(dramatic music playing)

(helicopter rotor whirring)

(keypad clacking)

Brock Stone: The first thing
I knew about the tweet was

I'd had a friend that texted me
that morning, and she was like,

"Well whatever you do,
don't look at Twitter

and don't look at the news."
And I was like,

"That's a weird thing
to tell me."

And what am I gonna do?

The first thing I'm gonna do
is look at the news.

News Anchor 1: The latest
presidential tweetstorm

seemed to blindside
his own Pentagon,

which promptly referred
all inquiries

back to the White House.

News Anchor 2: The Pentagon
estimates there are roughly

2,500 transgender
service members on active duty.

Stone: It was kind of shocking.
It was kind of just, like,

a disconnect. Like, it didn't
feel real at first.

News Anchor:
Look, transgenderism

is not an actual thing.

It's a mental dysfunction. We
have two genders right now...

Stone: I think I just kept
rolling over in my head,

you know, "What can I do?
What am I going to do?"

(dramatic music playing)

One sec. Ab-so-lut...

How do you spell "absolutely?"

Ah!

Absolutely give him my number.

Because-- Well, I'm trying to--

I'm trying to sign up
this one person for our lawsuit,

but they need-- Someone asked
if we could give him my number,

and I said "Yes, absolutely,
give him my number."

You can go over there.
And then, cause I'm about to get

on my call and part of the key
is that you entertain yourself

for a very short while.

-Okay
-Okay.

Hey, this is Chase
from the ACLU.

Hey Taylor, this is Chase
from the ACLU.

Is this Lynneth?

Hey, is now still a good time
to chat?

Man: I was actually sitting here
waiting for the phone to ring.

Oh, perfect!
We're in the process

of trying to, to add people
to our lawsuits.

If you're open to it,
it would be helpful

if I could ask you
a bunch of questions--

Simran, you're literally
pulling my computer

off the desk. Sorry.

Yes, yes we are working
the weekends.

We've been actually working up
a challenge

to the military policy.
We really want to include

lots of different people
who are harmed...

-Did you break a hanger?
-Oops.

We are trying to move quickly
and get a lot of information

to challenge
every aspect of this.

This is like my best suit.

And we wanna make sure

that nobody is being blocked
from enlisting.

-Wee, Uno!
-Sim...

-Ah!
-Alright talk to you soon.

Okay. All right. Bye.

(Simran laughing)

Josh Block: This is
the president's declaration

-of open season on trans people.
-Man: (over phone) Yeah.

Block: We need the court to act
and enjoin the government

from doing anything
to enforce this directive.

I really just wanted
a very simple thing.

(laughs)

Double-check her, 'cause...

-Yeah, yeah. Mm-hmm.
-Block: This one?

-Nine-and-a-half years.
-Block: Yeah!

-Chase Strangio: Staff sergeant.
-Block: Yeah.

So that's, like, straight army.

-Okay, so this person.
-That is awesome.

Strangio: He's an active duty.
Lots of commendations.

-Yeah.
-Strangio: Obviously, someone

the military has invested
a lot of resources in.

There's a risk that
they'll be retaliated against

in the military.

I just don't want people
getting involved without

fully understanding
what that would look like

in the scope of their lives.

ACLU, good morning.

Is he in prison?

Okay, so you're calling for help
for your friend who's in prison.

(indistinct chatter)

No. But people are cross-trained
to do our work...

Strangio: Ever since Trump
got elected,

we basically slowly started
taking over the building.

We have a lot of lawyers.
I would say...

like a hundred,
but I'm making that up.

You can also sort of gauge
the hierarchy

based on the niceness
of the offices.

So here's the legal
director's office.

There'll be a very distinct
contrast with my office.

This is the famous
Brigitte Amiri's office.

You can see how hard she works
by the stacks of papers.

Human Rights is right here.

The Brooklyn Bridge
Conference Room,

which has the best view.

Lee is not here.

He's probably in court.

This is-- I am not the best
ACLU tour guide.

Copy machines,
which I don't know how to work.

Very artistic.

This says, "the Womb Room".

I don't really know
what goes on here.

There's Jason.

One of the few people I can talk
about sports with here.

Strangio: And now we've reached
the LGBT Project.

-Hey look!
-Block: Hey!

I'm giving a tour.

-Block: Yeah?
-Strangio: Yeah!

Wow

This is Dale's. He has
a very, like, oaky feeling.

It's very Elk Moose Lodge.

There are probably
more tattoos and piercings here

at the ACLU than there
are at DOJ.

The legal department is divided
into different projects.

So, Women's Rights,
which was started

by Ruth Bader Ginsberg.

And then Speech Privacy
and Technology

in that corner over there.

I think they're the ones
who organize

the Whisky Wednesdays,
which I'm too old for now.

This is the intern den.

Very intense and ambitious.
Very scary to walk in here.

(laughter)

Block: Chase is right here.

I usually like, I always go
to see what's happening.

He's definitely on the phone.

Strangio: This is an empty
window office.

Like, maybe I should get to work
in this office.

I will say, it is pretty amazing
to come to work every day

and be like,
"Wow, like, my colleagues

are really, like, doing it!"

They're such badasses.

(distant siren wailing)

You'll hear testimony
from four of the plaintiffs

in this case.

All of them
are United States citizens.

All of them are qualified
to vote in the state of Kansas.

This law is like using...

Enforcing this law is like
using a bazooka to kill a fly.

Thousands of Kansas voters
have been the collateral damage.

Election-related litigation
tends to go a little bit faster,

because we're usually trying
to get a court ruling

before the next election.

I like that.
I like stuff that's fast-paced.

(upbeat music playing)

Dale Ho: This case is all about
protecting the right to vote

and disproving the lie
that there are hoards

of non-citizens infiltrating
American elections.

I've been doing this
particular job for four years.

We're gonna be fighting
state-to-state,

county-to-county against these
voter suppression measures.

Michael Cloud: Mr. Ho, do
you think that illegal aliens

should be allowed to vote?

Ho: No. And I'm not aware
of any state that does so.

It's been pretty
time-consuming.

I spend a decent amount of time
on the road.

Hey, sweetheart. Sorry that
I'm not gonna be home tonight.

(grunts)

Kids! Goodnight!
I love you both.

Yeah. Yeah.

Boy: Daddy!

Daddy!
Will you juggle, juggle, juggle?

I want you to juggle!
Juggle, juggle!

Juggle!

Juggling balls.

Hey! That's not
how you juggle.

Girl: Three balls.
You need three balls to juggle.

Yeah. Juggling...

Ho: Before the election,
I mean, I was thinking,

"We'll get through the election
and maybe see--

Just poke around out there
and see if there may be

things that will allow me

to spend a little more time
with my family."

But...

the results of this election
made that idea just,

I just tossed that idea
out the window.

I mean, if I'm not gonna be

a civil rights lawyer right now,
in this moment...

when, right?

So...

Trump: They spend billions
of dollars on the census

and you're not allowed to ask?

You go knock on doors of houses.

Check houses.

You go through all this detail,
and you're not allowed to ask

whether or not somebody
is a citizen?

(dramatic music playing)

News Anchor 1: The U.S.
Department of Commerce

announced Monday
that it plans to add

a question
on citizenship status

to the 2020 Census.

News Anchor 2:
A seemingly simple question,

"Are you a U.S. Citizen?"

Ho:
This is one of the few things

that's written
in our Constitution

that the federal government
has to do.

It's not just
in the Constitution,

it's the sixth fucking sentence!

The census
is supposed to count

every single person
in this country.

Not just citizens.
Every person.

Ho: How many seats a
state gets in

the House of Representatives.

How many votes it gets
in the electoral college.

It's all based on the census.

News Anchor: Challengers say
the question could lead

to millions of people
not responding to the census

and that could affect
how federal money is allocated

and how many representatives
each state gets in Congress.

-Sarah: This is Sarah.
-Hey Sarah.

You've got all of New York here.

-Sarah: Okay.
-Ho: We anticipate

they're gonna file something
in the Supreme Court

and we're gonna have
to oppose that.

And I like the idea
of doing a response here,

obviously
for the substantive reasons,

but also to jam them up
a little bit.

The more we hit them
with right now,

the harder it is for them
to respond and stay on course.

Sarah: If we can get a brief...

Ho: The government's own
estimate is that

six-and-a-half million
won't respond to the census

if you add this question.

Six states would be at risk
of losing a seat in Congress.

It's kind of difficult
to imagine higher stakes.

Today, we're here
to send a message to the world

that we are not going to let
the country be overwhelmed.

People are not going to caravan

or otherwise stampede
our border.

If you cross the border
unlawfully

then we will prosecute you.

If you are smuggling a child,
then we will prosecute you,

and that child
may be separated from you.

These actions are necessary

and they are made
even more necessary

by this massive increase
in illegal crossings...

(dramatic music playing)

Gelernt: I just drove down
to the San Diego/Mexico border

to meet with this mother
who the government

has separated her from her child
who's seven-and-a-half.

She escaped her country
where she was gonna be killed,

and now is seeking asylum here.

The government took her child
and sent her to Chicago.

The child is, of course,
scared out of her mind, crying.

The little girl knows no one

and she's just sitting there
by herself.

I've come to talk to this woman
about whether

she would like us
to bring a suit.

Ms. L:
(speaking foreign language)

Gelernt: That was
a really rough meeting.

The mother
would like us to do...

what we can to get
her daughter back to her.

So...

She's...

She's distraught, you know?

I don't know.

Reporter: You'd mentioned
that there might be some

pending legal action coming?

I just wanted to see

if there's anything
you can talk about.

Yeah, let's talk--
Off the record?

Reporter: Yeah.

So we are confidentially filing
a national class action

in the next few hours.

We think there's hundreds
of people all over the country

who this is happening to.

Mike? It's Lee Gelernt.

Hey, Heidi, it's Lee.
Spencer, it's Lee.

We gotta get going
on this stuff.

You saw we got
another plaintiff, right?

-(phone ringing)
-We're gonna do our reply

-in three hours.
-(phone ringing)

Can I send you the complaint
and you start playing with that?

(phone ringing)

You gotta make it clear
to the court what's happening.

There is a habeas
position, but the motion

to dismiss is almost
fully briefed,

and now all of a sudden
they're telling us

they may remove the person
while the stay motion

is pending,
which is another 48 hours.

(phone ringing)

Yeah, sure.

(phone continues ringing)

Hold on one second, okay?

(cellphone ringing)

(other phone continues ringing)

My charger doesn't work.
Do you have an extra charger?

-Can you-- You do?
-Yeah.

-Can I borrow it?
-Yeah, but you have to plug it

into your computer.
I don't have the wall...

Can you show--
How do I do that?

It's just, you plug it
into a USB outlet

in your tower,
your computer tower...

But...

You plug in that side
to the USB part

-and you plug in...
-Down below?

-Yeah.
-Yes.

Um...

Um...

(phone ringing)

Producer: So, how many
of these separation cases

do you think are out there?

People on the ground
in the detention centers

are saying hundreds.

Hundreds of parents
have just lost their kids

to being separated.

Reporter: Why is the government
doing this?

Sarah Sanders: Because it's
the law,

and that's what the law states.

-And the law...
-There is no law that requires

families to be separated
at the border.

This was the administration's
choice to move

from civil matters
on immigration onto criminal

and therefore
to separate families.

Brian: Don't you have
any empathy

for what these people
are going through?

-Jill...
-Brian: They have less

-than you do!
-Brian! Guys! Settle down.

-Sarah, seriously.
-Sanders: I'm trying to be

serious, but I'm not gonna
have you yell out of turn.

-Jill, please go on.
-You're telling us it's a law,

and you throw children in cages.
You're a parent.

You're a parent
of young children!

Don't you have any empathy
for what they go through?

Jill, go ahead.

Jill: Two questions for you.

Firstly, does the president
really believe...

(TV theme music playing)

Amiri: So this is a Christian
television station.

We begin tonight
with an exclusive interview

with the Trump official
who tried to stop

a detained immigrant
from getting an abortion.

I know you personally
have written about

your pro-life views and are
a Catholic father of six.

Yeah.

Amiri: You are robbing
young women of their ability

to make decisions
about their pregnancies

and forcing them
to carry their pregnancies

to term against their will
because you think

you know what's best for them.

There isn't anything more scary
or more patriarchal.

We need to do everything
that we can to protect

the dignity of life
of human life

from conception
to natural death.

(dramatic music playing)

Amiri: If the court
doesn't intervene quickly,

she will be forced to carry
her pregnancy

to term against her will.

Time is a big factor.
We're racing against the clock.

(dramatic music playing)

Alright this sentence
doesn't sound right to me.

"Although the government has
asserted that on... (mumbles)

Start all over again.

"That it believed."

-Amiri: That it believed.
-Yeah.

Yep. Okay. Now I'm too tired.

It really feels like a canary
in the coalmine moment.

If we lose this case,
I don't know

what Roe vs. Wade means.

(dramatic music playing)

Brett Kavanaugh:
The government has argued

we want to favor life
over abortion.

What is your response
to their suggestion

that they don't have to be
complicit in the abortion?

Amiri: Your Honor,
I would say that

they have admitted
in the context of ICE detention

that they will and do
facilitate abortion.

Kavanaugh: Suppose she had been
detained at the border,

but not in the United States.

She would have been sent back,
presumably, to her home country

and the government's theory
of this is that

that's the same position
she would be in now.

Amiri: But that's not
the position she's in now.

Your Honor,
deportation proceedings

have not begun against her.

Due process clause
of the Fifth Amendment applies

to all persons
in the United States.

There is no reason why
her immigration status

should diminish
her constitutional right

to access abortion.

The government may not ban
abortion for anyone.

(dramatic music playing)

(indistinct chatter)

(phone ringing)

(chuckles)

It's good, it's good.
All good stuff.

Thanks, everybody!

Yep, you guys are amazing.
Thank you. Bye.

I'm not sure that there's much
I can say on the train.

But, um, things
are gonna work out.

She will be able to get the care
she needs tomorrow.

Look at that headline.

And how happy
does that make you?

Ah! So happy.

I have to edit it,
but this is the headline. Right?

Meagan Burrows: Good headline.

Amiri: (laughing)

-Guess what I'm getting?
-Burrows: Wine!

Amiri: Train wine!
Who wants some train wine?

Oh, yeah.

Cheers! Woohoo!

Train wine.

Jane Doe: (speaking Spanish)

Amiri: We know there are other
young women out there.

We know the policy
is still in place.

We're asking to proceed
as a class action

so we don't have to go
running into court

for each young woman
once we find them.

(dramatic music playing)

Strangio: I actually started,
um, cross-stitching.

Block: Yeah, no I...

Like, you know,
"home sweet home"

-on a pillow.
-Block: Right.

It's "CrossFit",
is what people are saying.

Wait, did you get,
like, confused?

-(laughs) I wish I was doing--
-Cause it doesn't, like,

-keep you in shape.
-Yeah, no I'm not--

I wish I was doing CrossFit,

but instead,
I'm doing needlepoint.

(chuckles)

Strangio: Hi, I'm Chase.

Stone:
Nice to meet you in person.

-Good to meet you.
-Block: I'm Josh.

great to meet you
in person too.

Stone: I joined May 23rd, 2006.

So it'll be over 12 years now.

That was a flag that

when I was in Afghanistan,
I flew.

Yeah, the one below,
it's like my farewell plaque

from when I was in Korea.

These three are my dad.

That I think was just his basic
training photo.

He was a Morse code operator.

Block: How would you express
your feelings

about your interaction
with other service members

and whether there's ever been
any problem or discomfort?

I have not had one person
be anything but supportive.

Like, if there's anybody here
that has an issue

with me being trans,
I'm not aware of it.

The military is very much
a family for me.

That's kind of being taken away
from me.

You know, I have people
tell me all the time,

"Military service
is a privilege.

It's not a right."

I would argue that by virtue
of my performance,

by virtue of my ability,
and by virtue of the fact

that I am qualified
to be in the military

and have been for 11 years,
that I should stay.

(train chugging)

(dramatic music playing)

Block: The people that have
been pushing for this ban

object to the existence
of trans people.

They wanna kick them out
of jobs and out of schools.

Basically, they wanna erase
trans people from public life.

Strangio: If your whole body
and identity

is sort of the contested site
of the conversation,

it's really hard to then
put it out there.

It's easier for me
to, like, watch Josh

do an argument
and do a great job

because Josh knows how to do it.

And if we get a good ruling,
like, then...

I will have been brilliant.

And if, like,
we get a bad ruling...

Strangio: The fate of the trans
community is all your fault.

Yeah.

Producer:
And it's just gonna be you?

Block: Uh, we're not
sure yet. Um...

Probably.

I guess we'll see.

It is complicated,
as a cis person,

to be, like, doing the argument.

Like, there's so much
responsibility you have

to the people whose stories
you're telling.

You're the only trans person
on the team

except for our clients, um...

and that's complicated.

What do you feel about
doing the argument yourself?

Strangio:
Well I mean, I just...

I'm not the right person
to do this argument, you know?

I think it's tricky,
cause you have to build up--

Like, this is a huge case.

Like, I don't have
enough experience.

I mean, when I became a lawyer,
there weren't that many

trans lawyers, and so,
then I had to be doing

a lot of different types
of things, and it didn't include

just honing my litigation skills
on random shit.

'Cause there was just
no time for that.

It was like, "Go do
this legislative advocacy,"

"Go learn how to be on TV,"
"Go do this," "Go do that."

"Go...

train the ACLU on what
it means to be trans."

(upbeat music playing)

Amiri: "We all know
what birth control means

to the ACLU.

It is the bashing of the heads
of the innocent

and the spilling of their brains
on the sidewalk."

"A liberal immigrant
dumbass like you

can't understand that voting
in the U.S.

is done only by U.S. citizens."

"Illegal immigrants
do not have rights, jackass."

He could probably do
without eight exclamation marks.

Probably five
would have been sufficient.

Strangio: "Hey, faggot.
You're a disgusting,

subhuman dickhead."

"Your hanging out
with a lesbian crowd

has obliterate all shards
of decency in your own life."

"Go home, immigrant pig."

Man: Hey, Lee, "A"
stands for "American".

Americans come first.
We don't appreciate your work.

Woman: (over phone)

"You murdering ass."
"You lesbo-loving..."

Poop emoji.

Man 1: (over phone)

Man 2: I mean, obviously,
you're a little gay faggot.

I can see that by
your photograph and your voice.

You're a fucking piece of shit.

Yeah. If you don't look
at the negative stuff,

then you're just sort
of in your own bubble.

Ho: You know,
I don't wanna run from this.

"Are you a citizen of
the United States of America?"

"Oh, gee!

I'm sorry, I just can't answer
that question."

We must have a reliable count
of how many citizens,

noncitizens, and illegal aliens
are in our country.

Reporter: Commerce Secretary
Wilbur Ross testified

on the 2020 Census
at a House hearing today.

Committee members questioned
him about the decision

to add a citizenship question
to the form.

Elijah Cummings:
Secretary Ross...

in fall of 2017,

your staff hand-delivered
a secret memo

about the citizenship question
to the Department of Justice.

Did the secret memo describe
the real reason you wanted

to add the citizenship question?

I don't believe
there's anything in evidence

that my staff delivered
a message of that sort.

DOJ sought census citizenship
data for use

in Voting Rights Act
enforcement.

We intend to count
as many people as possible...

(upbeat music playing)

How you doin'?

When the secretary says,
"I want accurate

citizenship information,"
and they already have it...

but he's ignoring
that accurate information

and instead putting a question
on the census,

well, it begs the question,

why are you doing it?

If you really want accurate
citizenship information,

you'd go to the social
security administration.

The fact that you're not
doing that

suggests that it's a pretext.

That you're not out
to get the most accurate

citizenship information,

that you have some
other goal in mind.

Now, we think we know
what that goal is.

It's to scare
immigrant communities,

reduce the participation
of noncitizens

and people who have noncitizens
in their families

from participating
in the census,

and then ultimately
use that information

to cut those people out of
the political process entirely.

"Equal Justice Under Law."

William Clay: Mr. Secretary,
you lied to Congress,

you mislead the American people,
and you are complicit

in the Trump administration's
intent to suppress

the growing political power
of the nonwhite population.

You have already done
great harm to Census 2020

and you should,
in my opinion, resign.

Is there a question
in that, sir?

I still don't see
what it is that the...

people need to be afraid of.

You're being asked
"Are you a citizen?

Are you not a citizen?"

Seems like a reasonable thing
for the government to ask.

(indistinct police
radio chatter)

Commentator 1: For Latinos now

who are in mixed-status
families

there is a real fear that
if they respond in any way,

the government might come back
and use this information

against them.

There are at least two
instances

in history where they did

Commentator 2:
During World War II,

the federal government
used census data

to identify
Japanese-American families...

to send them to internment.

(dramatic music playing)

Ho: There is a little bit
of reluctance sometimes

for...

civil rights advocates to
argue to conservatives that...

the person we're suing
had a discriminatory game plan

in mind.
Had a discriminatory intent.

Conservative judges are
generally a little reluctant

to say that someone intended
to discriminate.

So the advice we're getting
is, "Don't bother trying

to prove the real reason.

Don't bother trying to win
the pretext argument

on the merits.
It's important for the case,

for the framing of the case.
But you don't need it to win.

All you need to win is,
there's more accurate

citizenship data
somewhere else.

The secretary ignored that
advice from the Census Bureau,

and that was unlawful."

Crowd: (cheering)

Trump: ICE is throwing them out
of our country by the thousands.

"I am afraid for my life!

I am afraid to go back
to my country!

I want to be an American!"

We don't want them
in our country,

and they're not getting
into our country.

And when they have in the past,
a lot of them have come in,

we're throwing them
the hell out. They're out.

-We're getting them out.
-(applause)

Rachel Maddow: The AP has just
broken some new news.

This has just come out
from the Associated Press.

This is incredible.

Trump Administration officials
have been sending babies

and other young children.

Oh, hold on...

to at least three...

(breathing shakily) Can we
put up the graphic of this?

Three tender-age shelters
in south Texas.

(dramatic music playing)

-Woman: Families!
-Crowd: United!

-Woman: Families!
-Crowd: United!

-Woman: Families!
-Crowd: United!

(crowd chanting)

Crowd: Free our children now!

Crowd: Free our children now!

(indistinct chatter)

(crowd chanting)

News Anchor: Nearly 2,000
children have been separated

from their families
between April and May.

Immigrants,
Latinos and all of us,

are targets.

Gelernt: The people
who are being separated

from their kids
pass the government's

own asylum-screening
interviews.

They're bonafide
asylum seekers.

They're still having
their children ripped away.

Like it or not,
these aren't our kids.

It's not like he's doing this
to the people of Idaho

or, uh, Texas.

These are people
from another country.

News Anchor:
(speaking Spanish)

Gelernt: The medical evidence
is overwhelming

that we may be doing
permanent trauma to these kids.

(dramatic music playing)

Gelernt: In your hometown,
in Guatemala

were there other families
that had their children

taken away?

Raul: (speaking Spanish)

(dramatic music playing)

Raul: (speaking Spanish)

Gelernt: The government
has a fair amount

of technical arguments.

My job is gonna be
to make sure the horror

of what's going on really stays
front and center.

For me, you know,
just thinking about my own kids,

it's just...
It's inconceivable...

that this could be happening,

and that I don't-- You know,
I'd be going out of my mind.

(dramatic music playing)

David Cole: There's a kind
of cyclical nature to the work

of a civil liberties
organization.

It's always one step forward,

two steps back.

You're not gonna win
every fight.

Romero: Our first
same-sex marriage case,

two guys walked into
a local office in Minnesota

and said "We wanna get married.

For 44 years,
we stayed on that.

We defend
civil liberties for all.

And not everybody
at the ACLU agrees.

Not everybody
in the United States agrees.

The promise of a right
is that anyone can,

uh, exercise the right.

It's not a right for the people
you agree with,

it's a right for everybody.

(indistinct chatter)

Man: You're gonna get
your spacing once

when you get up there.

Get your torches lit
and get in your columns.

Uh, white nationalists
are getting ready to march

in Charlottesville, Virginia

Crowd: Jews!
Will not! Replace us!

Jews! Will not! Replace us!

-Jews! Will not! Replace us!
-Man: Get in the oven!

Crowd: Jews! Will not!
Replace us!

Jews! Will not! Replace us!

If the ACLU
was not successful today

and the Charlottesville City
Government was allowed

to deny us our constitutional
First Amendment rights,

we might be in a different
situation than we are today.

Journalist: It's a melding
of white nationalists, Klan,

fascists all mixing together
and uniting.

Uh-oh. It looks like
a small group

of counter-demonstrators
has surrounded

the Robert E. Lee Memorial.

Crowd: No Nazis! No KKK!
No fascist USA!

Man: Move, bitch!

Crowd: White lives matter!

White lives matter!

White lives matter!
White lives matter!

Man: Hail Trump!

Duke: We are determined
to take our country back.

We're gonna fulfill the promises
of Donald Trump

(indistinct yelling)

Man: Oh, my God!
Oh, my God.

Oh my God. Holy...

Go, go, go.

Woman: Holy shit!

Holy shit! Holy...

I think there were all kinds
of discussions,

both formal and informal
that went on

within the organization
after this happened.

There were people
that were badly, badly hurt,

and there was somebody
who was killed.

And our name was attached
to the event.

The ACLU was not responsible
for Heather Heyer's death.

But we were not
a random organization

just out there watching
what happened.

We have a policy
of defending those

who, with whom we disagree,
including white supremacists,

including the alt-right,
and we will continue to do so.

(dramatic music playing)

Jeffery Robinson: The calculus
isn't just as simple as,

"Oh this is
a First Amendment issue."

This ain't Skokie, Illinois.

This isn't a handful
of neo-Nazis

who don't have weapons...

and who don't have a president

in the White House
spewing openly racist stuff.

Trump: You had people, very
fine people, on both sides.

You had a lot of people
in that group

that were there
to innocently protest

and very legally protest--

because,
I don't know if you know,

they had a permit.

The other group
didn't have a permit.

Well I would say, you know,

the fact that President Trump
is in office

and that we have someone
who is a racist in power

only underscores
why you would not want to give

government officials the power
to silence those whose views

they disagree with.

President Trump
is not gonna silence

the white supremacists.

Who's he gonna silence
if you give him that power?

I disagree with the decision.

That doesn't mean
I don't respect the decision.

I just disagree with it.

News Anchor: A horrific scene
in Charlottesville, Virginia.

A white nationalist rally
that descended into deadly

violence and chaos.

The images just coming in.

A car plowing into a crowd
of demonstrators protesting

against those
white nationalists.

A 32-year-old woman killed.
A number of severe injuries,

many life-threatening.

A driver has been taken
into custody.

On the streets
of Charlottesville today,

the hate boiling over.

White supremacists
and counter-protestors

fighting with fists and clubs.

Confederate flags on...

(dramatic music playing)

Amiri: People say "Why don't you
go work at a law firm

and don't have this
level of stress riding

on your shoulders?"

It takes its toll
on your personal relationships

and on your family.

(laughs)

Did you wear your cape all day?

News Anchor: We begin with
a decision that will impact

the nation for decades.

Justice Anthony Kennedy
announced Wednesday

he will retire
after three decades

on the Supreme Court.

The 81 year old...

Amiri: I got a New York Times
alert on my phone.

And my daughter heard me gasp.

And said "Mommy!
What's wrong? What's wrong?"

And I said, "Justice Kennedy
announced his retirement."

And she said,
"Well, what does that mean?"

And I said, "Mommy's job
just got a lot harder."

His decision to retire
from the court is game-changing

on critical cases
involving civil liberties,

LGBT rights, the death penalty,
affirmative action.

Man: Do you think that
Kennedy's retirement

puts Roe v. Wade in question?

It absolutely calls
it into question.

You have four justices
on the Court

who are very hostile
to abortion rights.

Any of the debate
around the nominee

has everything to do with
whom is nominated.

And Judge Kavanaugh
is on the shortlist for

Trump's appointments.

I argued in front of him
on the emergency appeal

for Jane Doe.

He punted and said,
"I'll allow the government

more time with the case."

Richard Blumenthal:
Under Texas law,

she was eligible
for an abortion.

The pregnancy was four weeks
further when you upheld...

the Trump administration
in blocking her efforts

to terminate her pregnancy.

The decision of that panel
was overruled.

Sullivan: Has Kavanaugh
never ruled

-on any other abortion?
-Only Jane Doe.

Sullivan: Only Jane Doe,
that was the only one ever?

Only abortion case.
He said something like,

"Roe v. Wade is precedent

and I would be bound
by precedent."

Doesn't apply
when he's in the Supreme Court.

Once he gets to the high court--

Then he can create
new precedent.

Amiri: Exactly!
He gets to make the precedent.

I wanna talk about a list.

Uh, it's the list
that Donald Trump circulated

of his potential
Supreme Court nominees.

His litmus test for that list...

was that a justice
that he'd nominate

would have to automatically
overturn Roe v. Wade, correct?

(clears throat)
I'm not gonna comment

on what he said.
Whatever he had said publicly--

-Well he said it
-Yeah.

(dramatic music playing)

Amiri: Earlier this week,
we got multiple anonymous tips

that there were two more
Jane Does.

-Wow.
-Woman: It just-- It never ends.

No. It doesn't.

It's shocking
that the federal government

continues to do this
despite the fact

that we had a clear victory
for Jane Doe.

All right, so you have the Word
version and the PDF version.

-Yeah.
-Amiri: Do you wanna open it

and we'll scroll through it.

Late last night, we filed
our motion to proceed

as a class action
on behalf of anyone

who is pregnant
in O.R.R. custody.

We are scrambling
as quickly as we can.

I've always believed
that the Trump administration

would try to do to everyone
what they did to Jane Doe.

Noah Strangio: Were those actual
screen grabs of tweets?

Yeah we're putting
the screen grabs--

This is the new way to litigate.

So do you fix the typos
or just leave them as-is?

No-- Yeah, we just
leave the typos.

You're dialed-in right now.

No, I'm not. I'm just--

I just have to send one thing.
Um...

Because the court has to assign
it to a division in the morning

-and...
-I also feel like me perusing...

-Yeah.
-...what you're working on

and acting like I understand it.

And also,
you shouldn't look at it.

-Okay.
-Even though Dad

already tried to.

I actually had a moment
where I was like,

"Is dad gonna try
to take these and do something?

-Like, send them to Brietbart?"
-Noah: ACLU strikes again!

(laughter)

When I served,
my units were super diverse.

We had people
who were not American citizens

who specifically joined
to be a part of the country.

-Do you want water?
-Noah: Yeah, I'll take it.

It does represent what I believe
much of what's best of America.

Chase and I don't always
agree politically,

and all of that aside,
a broad-brush ban

on a certain segment
of the population

not being allowed
to serve their country,

which to me is so antithetical
to everything the military

is supposed to represent.

(indistinct chatter)

Open Word.

Open Word!

Start listening.

President Trump has issued
a formal memorandum

with three binding directives
that explicitly overturn

pre-existing military policy.
Period.

In all three cases,
the president didn't wait

for some further study
to be completed.

He changed the policy first
and then ordered

additional study after the fact.
Period.

New paragraph.

No.

Stop listening.

(indistinct chatter)

Producer:
Can you explain what a moot is?

Ho: A moot is a practice
oral argument session.

Colleagues and sometimes friends
from outside the organization,

co-counsel, play the role
of judges, and just pepper

that person with questions.

Man:
There's no moot pump-up music?

No, not for moots.

For the actual argument itself,
I think.

Although I have been playing it
on repeat in my head, um,

Tom Petty's "I Won't Back Down".

Shall we?

(upbeat music playing)

Amiri: Kendall was supposed
to find a podium.

We put the brief
in three days ago,

so, just... (chuckles) Uh...

I'll do my best.

Woman: Okay, counselor,
what relief

are you asking for?

Your Honor,
we are asking that the children

who have been separated already
be reunited with their parents.

Ho: The courts have held
that an agency must fully

and accurately set forth
the methods

by which it has chosen to act.

The president said
we need to ban this

because of the tremendous cost.

The amount of money
the military pays

to treat erectile dysfunction
dwarfs the amount of money

it pays to treat
gender dysphoria.

The government has taken
the position that

only sponsorship
or voluntary departure

are the mechanisms
for accessing abortion.

But those, uh, mechanisms
are completely outside

of the minors' control.

One thing I think that bears,

uh, mentioning, that's not in,
um, our, uh...

co-plaintiff's brief...

That's not how I wanna put this.
Um, wha...

I'm having some issues today.

Man: The government says
that all

of its detention choices
are discretionary

and that therefore,
I can't review it.

Right, Your Honor,
but that's wrong, Your Honor.

Due process
always constrains discretion.

Ho: Six states face
a substantial risk of losing

a seat in Congress.
California, New York, Texas,

Florida, Arizona, and Illinois.

Woman: We've got somebody
who identifies as male

and has female genitalia.

Why does the military
have to deal with all that?

Gelernt: We have to make him
feel like he cannot sign off

on these little kids
sitting all by themselves.

He has to have a mental picture
of these kids.

Man: Do you think
that you have a way

to making a pretext argument
that's about discrimination?

(upbeat music playing)

The United States Supreme Court
has made a decision

that they will hear
President Trump's

-travel ban case.
-News Anchor 1: Tonight,

the President's original travel
ban's long and legal limbo

is catching a break
because of the new version

just unveiled.

News Anchor 2:
The Trump administration

is replacing its controversial
travel ban with, quote,

"tailored travel restrictions".

News Anchor 3: The latest
version removes Sudan

and adds Chad,
Venezuela, and North Korea.

Remember this,
I wasn't thrilled.

But the lawyers all said,
"Oh, let's tailor it."

This is a watered-down version
of the first one.

This is a watered-down version.

And let me tell you something,
I think we ought to go back

to the first one
and go all the way,

which is what I wanted to do
in the first place.

Crowd: (cheering)

(dramatic music playing)

Gelernt: Just one thing
after another.

I mean, right tomorrow,
we have a big hearing

on family separation.

We have two briefs due...
(sniffs) Monday at 3:00 pm

in the Supreme Court
in the Muslim ban litigation.

The government has asked
the Supreme Court

to let it go
into effect immediately.

It's another Saturday here
at the ACLU.

Producer: It's your son's
birthday too, right?

Gelernt:
It is my son's birthday.

(dramatic music playing)

Gelernt:
Just looking at the city...

through sort of blurry eyes,
late at night.

I just-- I never
get tired of it.

We could hear literally any time
from, I think, tomorrow night

to the end of June
of whether the Supreme Court

is gonna allow the ban
to go into effect.

Producer: Anything goin' down?

No decision.

Woman: Here you are.

Technician: If you could
talk to us through the mic.

We'll cue you
through this earpiece...

and you'll be able
to hear the show.

So Lee, you can go ahead
and have a seat. Um...

Gelernt: Am I on?

No, we're waiting
for the travel ban.

Producer:
You're gonna be standing by.

-Gelernt: This one?
-Producer: Yeah. This one.

Could my chair be closer?

Tell me when.

Good. Thanks.

This fell out also.

-You don't hear anything?
-Nope.

Producer: Do you hear it now?

Reporter:
The Attorney General saying...

Gelernt: Yeah, now.

Producer:
Is it a good level or...?

-I need it a little louder.
-Yeah, sure.

Reporter:
The bottom line, you still have

more than 2,000 kids
who haven't been reunited

-with their families...
-Technician: Lee,

you're on in five minutes.

...top of the show,
which is our first look,

now, inside one of these

detention facilities
holding unaccompanied kids.

-This one is in New York.
-(clears throat)

News Anchor: Apparently a worker
inside one of these facilities

in New York handed over
some of this video...

Technician: Four minutes, Lee.

We have breaking news now.

The Supreme Court
has now come down

on its ruling today
regarding one of the most

anticipated cases of the term.

We're talking about
Trump v. Hawaii,

also known as the president's
travel ban case.

What happened, Maya?
It came down.

Maya: It did?

The decision
says that President Trump wins.

The Supreme Court has upheld
the president's travel ban.

This is the third version
of the attempt to restrict

travel from mostly
Muslim countries

after the first two
were struck down.

Technician: Three minutes.

I can't go on right away.
I need to look at the opinion.

Can you give me
five more minutes?

Hey, I need Omar really quickly.

What's his cell phone number?
What's his cell phone number?

Pen!

I'm about to go on live
on MSNBC

'cause I was here
for family separation.

It's basically
just a straight-out loss, right?

(dramatic music playing)

Reporter: ...justice prior
announced his dissent

in that case, too.
So, he is dissenting...

Though the government remains...

Technician: Sixty seconds.

Hey, Omar, I gotta go on
in like two minutes.

I'm just gonna denounce it,
but I just wanna say

we're gonna evaluate the opinion
to see...

Woman: Lee,
we're ready for you now.

I'll be 30 seconds.
Okay, cool.

Thanks, Omar. Ready now.

I wanna bring in,
I believe we have Lee Gelernt

with the ACLU.
Lee, if you're with us,

what is your reaction?

It's obviously very bad.
We're very disappointed.

We believe that it
was no question

that this was a Muslim ban,
and so we really regret

that this came out this way.
(clears throat)

News Anchor:
I wanna let you know

we are hearing now
for the first time

from President Trump
and, yes, it is coming

from his Twitter account
in all-caps, writing,

"Supreme Court upholds
Trump travel ban. Wow!"

Exclamation point.
The president obviously

very pleased
with the ruling now coming in.

(dramatic music playing)

(applause)

Mr. President...

thank you for the great honor
of appointing me

to serve as a justice
of the Supreme Court.

I've seen, first-hand,
your deep appreciation

for the vital role
of the American judiciary.

Mr. President,
thank you for everything.

(applause)

(exhales)

Hopefully, I don't fuck up
my first sentence.

Mr. Chief Justice,
and may it please the court,

the secretary's decision
rested on a single assertion

that it was-- Fuck. (laughs)

Mr. Chief Justice,
and may it please the court,

the secretary's decision
rested on a single assertion,

that-- Fuck! (laughs)

Don't do this tomorrow.
(sighs)

Mr. Chief Justice,
and may it please the court...

Mr. Chief Justice,
and may it please the court...

Mr. Chief Justice,
and may it please the court,

the secretary's decision
rested on a single assertion,

that it would provide
more accurate citizenship data

to the Department of Justice.

But the administrative record
revealed precisely the opposite,

that it would result
in less accurate data

for the Department of Justice.

And the secretary's explanation

for his decision
ran counter to the evidence,

and was thus arbitrary
and capricious...

...arbitrary and capricious...

...arbitrary and capricious
in three respects.

I'm gonna try to work my way
through my points

and periodically
interrupt myself

with a random question.

I'm gonna try to give my answer
and then pivot back

to my main points.

It'll be worse
for Voting Rights Act

enforcement purposes.

No, that's not the case.

Yes, that's right,
but imputation

would be more accurate.

Well the standard
is the ordinary arbitrary

and capricious standard
under, um, Section 706.

Producer: Have you
argued in front

-of the Supreme Court before?
-No.

Woman: Did you expect
to be doing it?

No.

Producer: Do you think
you're gonna win?

I don't know.

All right. (sighs)

It's gotta be muscle memory now.

I'm gonna do one more.

(dramatic music playing)

I actually went swimming
this morning.

I figured I might as well
try and relax.

Producer: Did it work?

Um...

Not really. (laughs)

I haven't been this nervous
in a while for a case.

I just feel like I--
One of those--

these cases I just cannot lose.

I-- I mean, I could lose it,
I'm just saying I...

I really feel a lot
of pressure to win.

I just-- It's so horrendous,
what's happening.

Just reading these stories
over again this morning

and last night.

These little kids
are just being terrorized.

Block: Here today
because President Trump

has issued a formal memo,

three directives explicitly
overturning

current military policy...

which...

Is it "which" or "that"?

Current military policy,
which allows...

(chuckles)

(dramatic music playing)

Woman: Okay again.

Protesters:
(chanting indistinctly)

(dramatic music playing)

Ho: Mr. Chief Justice,
and may it please the court,

the secretary's decision rested
primarily on one assertion,

that it would improve the
accuracy of citizenship data

provided
to the Department of Justice.

But the administration
record revealed

precisely the opposite.

The secretary's explanation
for his decision

misstated the evidence
in the record

in three critical respects.

Amiri: This is a blanket ban
on abortion for anyone

while they're in
government custody.

The class must protect the
ability of all pregnant minors

to make their own decisions
free from government

obstruction and interference.

Block: If there's a transgender
person whose gender dysphoria

is actually limiting
their ability to serve,

they can be kicked out
just like any other person

whose medical condition
is limiting their ability.

What the president has done
is just irrational

under any standard.

Gelernt: They tell the parents

"We're just taking your child
for a bath."

Then the parent
never sees the child again.

And I realize that I am almost
pleading, Your Honor,

but at this point, we believe
that it is necessary for you

to issue an injunction
as early as tonight.

Neil Gorsuch:
There could be multiple reasons

why individuals don't complete
the form.

Roberts: Do you own your house?
Do you own a radio?

I mean, the questions
go quite beyond

how many people there are.

Samuel Alito:
If the secretary is told,

"Trust us,
it's gonna be better,"

is it arbitrary and capricious?

Ho: Justice Alito, respectfully,
I think the Census Bureau said

a little bit more
than, "Trust us."

What the Census Bureau said
was, "We can develop a highly

accurate model for this
that's going to be better

than getting
the question wrong

one third of the time."

Kavanaugh:
The question is,

it's more important to get
accurate citizenship

information even at the
expense,

potentially, of a slight

decrease in response rates.

(dramatic music playing)

(indistinct radio chatter)

(train door dings)

Gelernt: We're gonna have
to wait till my phone charges

for ten minutes
and then go somewhere else.

Producer: Yeah.

(indistinct chatter)

Gelernt: Do you have outlets
in here?

I can't believe I'm going 20
minutes without having a phone.

I can't even hear. Is it...?

Is it still not charging?
It should be charging!

How do I do this?

-Stacy?
-Man: Guys would you help me,

85 cents? I'm homeless.

Gelernt: My phone has run out.
You've gotta give Inga

this alternative number, okay?
Tell her to call me

at 347...

'Cause now
I can't even make calls.

The judge just issued
a major ruling in the...

family separation case,
but it came very late

and now everyone's scrambling
to read it. I had to read it

really quickly.
And it looks great.

All the hard parts.
He rejected the government's

main position
that these families have no

constitutional right,
and he did it

in the strongest possible
language,

calling the family separation
policy "brutal".

I just-- Now, I just need
my phone to work.

I've just re-read it,
and it is really

an enormous ruling,
because the big issue

between the parties
was, "Do these families

have a constitutional right
to remain together?"

And what he said is, "They do,"
and this is the first

federal judge now to look at it
and say, "It's brutal

and clearly violates
the Constitution."

(dramatic music playing)

(crying, speaking Spanish)

(crying)

(crying)

(indistinct chatter)

(emotional music playing)

(indistinct chatter)

Amiri: We just got a decision
in the Jane Doe case.

Class certification is granted.

Preliminary injunction
as to the class.

The decision is amazing.
The court says that while O.R.R.

and Scott Lloyd may prefer
that the minors

in federal custody
carry their pregnancies to term,

they may not impose that belief
on minors and strip them

of their right
to their reproductive decisions.

Man: Congratulations!
Congratulations!

Woman: (cheering)

(indistinct chatter)

(dramatic music playing)

Block: We saw, with the Muslim
ban, that Trump does something

shocking, and then they go back
and try it again to make it

a little less shocking,
and then again to make it

a little less shocking.

And then they go up
to the Supreme Court,

where they have a more
sympathetic audience.

Strangio: So, we could
a denial this morning,

which would be great,
or the Supreme Court could stay

the injunctions,
which would be, like, terrible.

-Block: It's 9:30.
-Strangio: Alright. So...

-Block: God damn it!
-Strangio: What? They stayed it?

Block: They stayed it.

Strangio: Oh, fuck!
There it is right there,

-it's the first thing.
-Block: Yeah. Yeah.

Fuck! So this essentially means
the ban is in effect.

Block: Yep.

(dramatic music playing)

Stone: Everybody was saying,
"Oh, you know, you're safe,

you're safe." But, um,
I guess the main thing

was I felt pretty disappointed
that, you know,

all the people that were kind of
in line to enlist

were gonna get screwed.

It's hard to go to work
and focus on your job

and do a good job
when you know that maybe

you're still gonna get
kicked out.

Maybe the guy sitting
next to you thinks

that you should be kicked out,
you know?

(dramatic music playing)

Ho: When I think about...

what we expect,
um, today, you know,

in, like,
an adverse decision, um...

and I think about, like,

"Okay, well, next week
I'm on vacation. It's, like,

finally my time to relax..."

Hey kiddo.

Bye.

-Thanks.
-Mm-hmm.

-All right.
-Good luck.

Thanks.

You know, it's gonna suck
if we lose, but...

I mean, it's awful for us.
It's awful for all of us.

It's awful for our democracy.

I never really thought
I'd get an argument

in the Supreme Court.

And I sort of thought
that if I did,

it would be a pretty minor case.
Not something that's like...

the big bombshell of the day.

(sighs)

Got the decision.

Yeah.

Yeah, we lost.

(exhales)

Wait a minute, what?

Did I?

Did I read that too fast?

What the f... I can't
understand what's happening.

Wait, wait, wait, wait,
wait, wait.

We...

won on...

on establishing
that it was pretextual.

(telephone rings)

-Inga: Hey.
-Hey, hey, hey. So, um...

-Inga: What's up?
-Uh, uh, uh... It's confusing.

They're agreeing with us
that the agency

wasn't truthful about why they
added the citizenship question.

-Inga: Okay.
-Ho: The pretext point.

They can't print the forms
on Monday

with the question on it.

Inga: Okay. So...

-I mean, is it a...
-It's a...

-Inga: ...voting rights victory?
-It's like a win!

Inga: Do you want me to send
the win version?

-Lawyer: Hey!
-We're still winning right now.

-We're winning right now.
-Ho: Yeah.

I gotta get the opinion.

And I saw, like, a dissent
from the four liberals, and I--

I just assumed that meant
it's over, and the--

Every first part
of the opinion was...

"It's not substantively
invalid."

I just feel like
an idiot right now.

I forgot to send it
to the printer.

Inga: To who?

Oh, Inga! Hey sorry,
you're there.

I forgot to send the opinion
to the printer. I have to-- I--

I actually have to read
the damn thing.

Holy shit!

-Holy shit!
-Lawyer: We won!

(laughing)

Look, it's not over!
I mean, they're gonna come back

-and try again.
-Pretext!

Yeah, you're right!
You're right!

-Yes!
-Ho: You're right!

Lawyer: Congress has
to have hearings.

Like, everything in sight

to make sure this question
does not get on.

-Uh...
-Lawyer: You won!

-(phone ringing)
-Hello?

Cole: Hey Dale. Congratulations!

-We won!
-Cole: Can you believe this?

I mean, I was reading the thing.
I thought we lost.

I know! I did the same thing!
I was reading the syllabus

-and I was like...
-Cole: Exactly!

We won on pretext!

But that's unbelievable,

-so unbelievable.
-Holy shit!

Oh my God!

-(laughs) Oh my God!
-Cole: Oh my God.

At first I was like, "Oh shit,
this is just temporary."

But the more I think about it,
the more I think

that they can't do it.

We have a ruling from the Court
that we can rely on discovery.

I mean, forget it.

We will fuck them up
if they try to do this.

We will go back into court.
We will depose

-all of these m------------.
-Cole: (laughing)

Congrats! Maybe you should
go on the other side

Okay, I've never done
that before. Oh, God.

Crowd: (cheering)

Hey!

-Romero: Hey! (laughs)
-(cheers and applause)

(telephone beeps)

(telephone ringing)

-Caroline: Hello?
-We won.

Caroline: I know, I'm crying!
I'm, like, shaking and crying.

That's so amazing! (sobs)

Oh, my God, it's so amazing!

We won.

Caroline: (chuckles) I'm so--

I'm so incredibly proud

and happy.
That's so great. It's so great.

(dramatic music playing)

Amiri: All I've ever known
how to do is fight,

and so we just keep fighting.
And even though we're tired

and even though it's exhausting
and it's maddening,

it's what we do.

In Section One--
Is it Section One?

There's a significant risk
of the courts coming up

with some constitutional right
to discriminate

against LGBT people.

To not only, um,
you know, stop protecting

them under the Constitution,
but striking down laws

designed to protect them.

We don't know what the full
fallout will be.

Strangio: There is a fight
going on and we don't exist

on the terms
of government definitions.

We exist because we are here
right now.

(crowd cheering)

(indistinct chanting)

Ho: A lot of people
have been running up to us

saying things like, you know,
"You're our hope

against the forces
that have put Trump in power,"

and, "You're gonna be
what's gonna stop this thing."

And I think that's wrong.

Like, we're not gonna be able
to stop this thing ourselves.

I mean, we're, like,
two-and-a-half floors

of a building
in New York, right?

I mean we're not,

against the power
of the federal government

and this massive
political movement.

We're not gonna solve it.

I think if anyone expects us
to, they need to take a look

in the mirror and ask
themselves

what are they gonna do.

It's not gonna be lawyers
in courts.

It's gonna be people
who, um, turn the ship around.

(dramatic music playing)

Woman: She's here.

Oh my goodness.

-Hello!
-Hi.

-Hello, Hello! Welcome!
-Hi.

(woman laughs)

(Ms. L crying)

(sobbing)

(dramatic music playing)

(dramatic music playing)