Part 9/11:
The conversation touches on a broader constitutional concern: some judges seem to believe the Supreme Court can or should legislate from the bench, a notion the speaker sharply criticizes. The importance of respecting the separation of powers is emphasized, especially regarding immigration and executive authority.
For example, immigration policy is primarily under the discretion of the President. Immigration judges, often part of the executive branch, handle administrative hearings and do not belong to the judicial branch in the traditional sense. The speaker points out that conflating immigration decisions and due process rights for unauthorized migrants with those of American citizens misrepresents the constitutional framework and can lead to a constitutional crisis.