Transcripts for MSNBC Jose Diaz-Balart Reports 20211101 14:2

MSNBC Jose Diaz-Balart Reports November 1, 2021 14:27:00

it doesn't matter whether the clerks agree with the law or want to defense the law. >> a clerk performs a ministerial function. someone shows up with a complaint, wants to file a complaint, and assuming the formal requirements are met, the clerk files the complaint. the complaint doesn't have authority to say, you can't file this complaint because it's a bad complaint. what if the presiding judge in a particular jurisdiction said, okay, fine, you don't want the clerks filing these things. if anybody shows up with an sb-8 complaint, call me and i'll docket it myself. then what? >> well, your honor, that's why we've asked for declaretory relief against the judges -- >> this business against the clerks -- >> i do think that relief against the clerks would alleviate most of the harm and thaw the chill and allow abortion providers to understand -- and in fact, the ministerial nature of there's

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