• With: Megyn Kelly

    This is a RUSH transcript from "The O'Reilly Factor," June 2, 2013. This copy may not be in its final form and may be updated.

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    O'REILLY: Here now with the "Kelly File" here once again Miss Megyn and on March 26th you accurately predicted what the Supreme Court would do about the vote against gay marriage in California.


    KELLY: Really? I think they are going to -- they're going to dodge it on procedural grounds. They have a couple of ways to get out of deciding it on the merits by saying A, you didn't have standing. You people who are challenging the lower court ruling in favor of gay marriage you don't have standing to bring this case. Or B, you know, we never should have taken this case.

    O'REILLY: They are going to dodge. That's going to cause a lot of problems.

    KELLY: I think they are going to dodge.


    O'REILLY: So incredibly you were right. Amazingly you really hit it?

    KELLY: Even the broken clock.

    O'REILLY: That's a loophole they found though. I mean it's not really -- they invalidated a vote that was legally taken.

    KELLY: Yes.

    O'REILLY: The absurdity, you don't have a right to challenge who's going to challenge if the state of California wouldn't uphold the vote.

    KELLY: That's -- that is an absurdity.

    O'REILLY: That's absurd.

    KELLY: You're absolutely right because it leads --

    O'REILLY: Wait I want to hear that again.

    KELLY: You're absolutely and you know --


    O'REILLY: You heard it everyone?

    KELLY: Since you gave me a shout out on my correctness. But no it's true because it leaves in the hands of the state executive the ultimate decision to decide whether a law stands --


    O'REILLY: To enforce a law or not.

    KELLY: There is no dice.

    O'REILLY: Right so anybody who voted for traditional marriage doesn't have any right to petition that their vote be upheld.

    KELLY: Right you better vote for traditional marriage or whatever you favor and then you also better make sure you get the right governor.


    O'REILLY: Yes if Jerry Brown doesn't like it.

    KELLY: And the right attorney general because they have a veto right.

    O'REILLY: You know it pains me to say this because I love this country but the Supreme Court is a political organization no longer looking out for the folks of the Constitution, in my humble opinion.

    All right. Let's go to -- there they are. Good. Let's go to Nebraska. Fremont, Nebraska, a little town.

    KELLY: Right, right.

    O'REILLY: And they vote -- the folks at Fremont and say look we don't want illegal aliens having the right to rent rooms. You have to produce evidence that you're an American citizen to live in Fremont. That has been upheld by a federal court.

    KELLY: That's right by the Eighth Circuit Court of Appeals which is you know above the federal trials court level. It's basically one level down from the U.S. Supreme Court. So it's a major ruling. And what the court said was, look, this is not an interference with the Feds' ability to regulate immigration which is what the ACLU was arguing. They were saying, "You can't have these local ordinances saying you can't rent apartments if you are illegal alien. Or you can't get the jobs."

    O'REILLY: Yes because only the Feds can adjudicate illegal aliens.

    KELLY: Because that's going to discourage illegal aliens from being in Fremont. And it's effectively going to lead to them leaving Fremont. And that is a decision that's up to the Feds not to Fremont.

    O'REILLY: It's so absurd.

    KELLY: And this -- this three judge panel which is split said the ACLU is wrong.

    O'REILLY: Two to one they ruled that Fremont voters have a right to have a law that says you have to prove you're an American citizen before --