WEBVTT

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I was in France to pronounce it
like that. France, ask not what

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your country can do for you,
ask what you can do for your country.

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Mister Gerbatcheff, tear down this wall, read my lips. It's the

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Ricochet Podcast with Rob Long. He's
back and Peter Robinson, Lame James Lilacs.

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And given the whole Scotus bonanza we've
had this week, there's only one

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possible guest we need, and that
is John Hugh. So let's sabrasels a

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podcast. Well, it's a very
sad day. In the majority of opinion,

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they basically whitewash, whitewash the Constitution
in a way that basically says that

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we were right all alone. America's
a nation that can be defined in a

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single word. I excu welcome everybody. It's the Ricochet Podcast, number six

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hundred and forty eight, two more
to six fifty, which is probably a

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meaningless number of six forty eight.
But here we are. I'm James Llax,

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and here is Minneapolis. Rob Long's
back in New York and he's been

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in falls. Peter Robinson will be
trembling along in just a minute here.

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But while we're waiting for Peter and
waiting for our guests John you who will

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tell us everything we need to know
about Scotus World. Welcome back, nob

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and how was thank you? The
last we say we see we see it's

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in flames. You know, it's
just entirely inflamed. So you got singed

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on the way out. There's Peter
gol Ah. You know, it's funny

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when that stuff like that happens in
a foreign cut. Often when things happen

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at farign country, especially France,
which is sort of bewildering in a little

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bit different and kind of has their
own weird thing going on. If you're

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in the United States, you think, what does it even mean? Like,

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what does it even mean that these
guys are marching around in yellow vests

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and talking about a you know,
twenty three hour work week. But we

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know what this means. This is
just a this police stop that went wrong

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and they light they shot a kid
and they and they light about it.

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And so but the the demographics are
different, are they not than the than

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the yellow bests? Yeah? Oh
yeah, obviously yes. But what I

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guess what I should mean is if
this just feels like okay, there that

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we've had this and What I think
is interesting about it is that we we

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I mean, I hate when people
do that, so I then here I

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am doing it. But when I
think about the sort of the George Floyd

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that the umbrella term, I'm using
George Floyd's umbrella term for all that stuff.

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Um, I think of it is
like quick, essentially typically uniquely American,

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that this is something that happens in
the melting pot of the nation with

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a history that we have, and
um turns out it's not. So that's

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my only takeaway from from the Paris
riots. I mean, what I was

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there, I got a lot of
questions, and I think I did an

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interview or two with some journalists because
they were obsessed with the writer's strike,

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because it seemed to them that Americans
have innovated a new thing to strike about

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and a new group to go on
strike. And I think the French had

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a hard time accepting that the Americans
have invented and discovered a new thing that

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they haven't. So there's a lot
of curiosity about how what does that mean

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to go on strike? What do
you do? Like they were like they

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really want to know the details of
the writers strike. So I spec here

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it'll be like, you mean that
are moments when writers do work well,

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No, I think they're familiar with
that. How can you tell they're striking?

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The job of a writer is to
sit around and not write and look

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constipated. Exactly right. Interesting,
Peter, Welcome and you are in California.

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You are in California. You have
not been a hit by the haze

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and the smoke that is covering the
country here for once, for once,

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we are so used to having the
wildfire, haze and smoke in the middle

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of the summer that I have to
say the principal reaction of US forty million

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Californians is to look at the rest
of the country and chortle a little bit.

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Thank you for chartling yeah week,
because we always point to you and

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say hat which we don't know where
we we we s good Christian people in

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the middle of the country. There
science, but our weather. In the

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paper said of the fire, of
the smoke and the rest of it,

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this is what climate change looks like
and smells like climate change. That's why

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not poor strange management of their forests
and Canada their tendency to just let things

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burn, not the fact that they've
had Arson, and no, it's it's

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climate change, because what isn't But
no, you've got to so what is

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the news in California. We're just
talking about Rob in France, where I

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assume he had delightful gustatory experiences because
why also pretty much the news in California.

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Actually the news in California. My
I have a friend who's a member

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of the Director's Guild, and he
explains the strikes to me as followers.

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The Director's Guild are the grown ups. He's a member of the negotiating team

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actually, and they go in and
they sit down with the studios and they

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come up with a plan, and
they don't yeah, they just get it

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done. And indeed they signed their
deal I think it was the middle of

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last week or so, and then
SAG the Screen Actors Guild and above all

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the Writers Guild, wine and more
open stage protests and get a lot of

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publicity, and then they finally come
in some weeks later and sign a deal

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based on the deal that the Director's
Guild signed. And this has happened over

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and over again. I'm told this
year is different, and this year is

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different, at least in part because
this is all the form of a question

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to you, Rob, because of
artificial intelligence AI, and the studios have

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decided that AI is already useful.
They will still need writers, but they

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might not need such big writers rooms. They might not need junior writers.

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And here's why. So my friend
gave me an example. He's one of

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the things you might assigned to junior
writers. You've got a premise for a

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sitcom, and then you signed the
kids in the room to come up with

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three or four different endings. Just
see how might the plot go? How

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might you end it? And AI
and do that already. I mentioned this

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to Sun number two and he called
up chat GBT and assigned it to write

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a scene in which Donald Trump and
Joe Biden play Ping pong, And forty

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seconds later there was five hundred words
on his screen which I have now seen.

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It was not ready for SNL.
Lauren Michaels would have would not have

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bought it, but you know what, it had a sense of pacing,

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It tried some humor and you could
just sort of see the way this could

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go, and it really could be
bad for junior writers. Question Mark,

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Rob, Well, I'm I have
a theory that if you're a writer and

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you are worried about AI. Just
how bad are you? Like that scenario

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I guess could work. It's just
never going to be as good as a

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bunch of funny writers in a room
coming up with stuff. The AI I

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just don't don't like jokes and so
so far. Um and the idea of

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like separating it all into scenarios and
you ask chet GPT to come on,

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maybe it would work. I don't
know that that just seems like actually more

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work than sitting in a room with
your team and the fun of it and

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coming up with stories. And you
know, you can write half a story

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in the in the room if you're
if you're good, right, and so

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part of the problem is that's what
I mean, is like if you're not

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good, I think I think AI
means as you do this, if you

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if you're, if you're, if
you're a good writer, it's going to

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make you slightly better because you're going
to use it and the studios aren't going

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to use it for you. You're
going to use it. The studios don't

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want to develop, they don't want
to do any of it, so I

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think they're out of that business.
Um, if you're a great writer,

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it's going to give you superpowers,
because you're really going to be able to

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run a bunch of different versions at
once and see how they all play out,

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and it'll be an interesting writing prompt. But I even I use now

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if, um, how how do
you use? Give us a couple of

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examples of how you use I haven't
used it in dialogue, but I've used

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it in pros when I don't want
to do any research and I don't really

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want to know any of the information. I just want to kind of get

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what happened, and I'll just write
the first three sentences and to say,

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finish it for me, and it'll
finish it for you. I've never used

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that. I don't really use the
sentences of the language, but I definitely

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use the way it lays out events
and sequences in a way that's very,

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very logical and easy to understand,
and so it kind of gets out of

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you, so it gets out of
your own worn So we're already in the

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third We're already in the third verse
of in the year twenty five twenty five

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by Zager and Evans or a rob
Long is just in a chair hooked up

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to a bunch of tubes, dictating
some ideas to machines which write it off

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for you. Well maybe I just
I just think that when you when you

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reduce all that stuff to just the
output, you know you're what you're going

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to get is something boring. And
when people don't do this thing at the

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point, I mean, there's only
one rule of show business, right,

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don't be boring. And I've never
seen anything the AI has done has been

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morning And maybe they'll come up with
one. I don't know, but I

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have to I am in the director's
skill as well, so I would I

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differ with your director friend this way. The directors have are traditionally the grown

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ups in the room. They are
traditionally the ones to do the research.

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There's been a traditionally a huge overlap
between the director's interest and the writer's interests.

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It's not quite the same thing now, especially as especially in terms of

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working conditions. This is very boring
to people who are not in shows.

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But I'll do it anyway. The
director the Director's Guild categories of employment are

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really really strict and well defined.
The first ad first sistant director on any

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set movie or TV does the thing. The second assistant director on any movie

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or TV set does another thing.
The director does a thing. People the

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upm who's also in the director's guild
does a thing. These are really specific

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categories. Writers are like, well
are you. They have different names that

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are traditional names, like story editor
and co producer and supervising producer. But

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the story editor doesn't edit any stories, and the supervising producer doesn't produce any

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doesn't supervise any production. There's just
titles for levels of writer. The problem

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is that that what you need to
know now you want to be a useful

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member of the Writer's Guild, or
or you want to be successful umbers the

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Writer's Guild, or you want to
understand what's going on, is you need

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to know math. And writers just
don't know maths. And so there's a

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huge amount of stuff I read down
from the Writers Guild that I'm just baffled

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as to how they got to two
plus two equals, you know, f

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like the completely wrong categories that they're
blending. The word residualism doesn't mean residual

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anymore, all that stuff. So
they are they are intractable and and way

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way behind on understanding how the business
is going to change. And I think

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the actor screen actors guid will probably
make a deal, probably a week,

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because traditionally actors do what the directors
told them to do. John Pothoortz gives

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you a call and says, Rob, Rob, Rob, you promised me

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your copy for the next issue five
days ago, and say oh, oh

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right, yes, yes, of
course, of course you hang up.

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You'd write three sentences and then say
chat, GPT finish my commentary column.

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Really is that sort of the way
it works, and then you go out.

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It's it's usually if I have a
paragraph for two and you're writing pros,

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I write idiosyncratic essays that have very
little to do with truth or reality

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or journalism. I am not a
journalist. I am not interested in facts.

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I don't like I think facts to
boring. I like what I think

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about facts. So I want to
help you with that stuff. It doesn't

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every now and then you have a
paragraph where you have to lay out what

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happened and when oh I see and
you trying to like and like and you

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and you can start it and it
will sort of finish it in all sort

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of And I always do it on
a separate you know, you do it

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on a separate document, and then
you can kind of see, oh,

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this is the way, this is
how a computer brain logically laid out a

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sequence of historical or you know,
financial events. And then that's a good

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way to do it, because I
understand it's really for clarity more than anything

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else for me. Because I write, my senses are two paragraphs long.

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I use semicolons and dashes constantly.
I'm incredibly, incredibly bad in that,

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and it's something's hard for people to
understand because you're taking dictation from your head.

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And I get that, and that's
how I write too. But the

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thing that I'm loath to do is
to do that thing that you just described,

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because I find that going in and
taking a look and finding my own

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way to say something that I may
not understand it seems a little boring,

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makes me a better writer. It
makes me work as opposed to just falling

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back on my ticks and ingredient skills. Well, you see, you like

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work, and Rob has a different
approach work. He says, I've known

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you both for a long time now, and I see where we disagree here

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at the two of you. I'm
out. Yeah. When it comes to

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work, the Nations leftist commentators are
working overtime over the last couple of days,

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because there have been three decisions that
have just rocked them all back on

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their heels, and we need to
pack the court. It's a rowe court,

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it's illegitimate, it's been taking money
from special interests, all these things.

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Biden should absolutely ignore everything that they're
doing. The States should ignore,

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the Court should be canceled all of
that stuff, et cetera. If only

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Ruth Bader Ginsberg had In other words, we got some good news from the

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Supreme Court this way, and you
know, we could talk about it here,

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we could plug it into our own
little chat GPT things. But why

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when we have a walking, talking
embodiment of an intelligence the likes of which

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machinery could never hope to emulate,
and that would be John. You it

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does pain me to say that this
time we actually need John. Do you

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know how painful it's spin. I've
been listening to you guys, and I

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couldn't say anything because you muted me. Yeah, how did you get how

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did you get chat GPT to mute
me automatically? Because it's it's it's sentient

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now and is making wise decisions for
the rest of humanity. You know those

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computers that Kirk always argues with until
they smoke and then they shut down.

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Well, this is like that,
except we're going to let you roll because

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you are, you know, the
Berkeley Guy American Enterprise Institute. You know,

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you've got your credentials up the yazoo, as they might say in some

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other places. You know, he's
on power Line, he's got that other

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law talk podcast. What really matters
though, when he comes here and talks

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to us, because he loves us
more than anybody else. All right,

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what do we got Let's start with
Should we start with the freshest one,

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the last one out the door,
the last grenade they kind of rolled before

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they headed out for the summer,
or which one do you want to address?

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Is the most consequential Scotus decision of
our times? Well, the most

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consequential one of this year was yesterday
with the affirmative action case. Right,

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I think for the Roberts Court this
is the second most important opinion other than

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the Dob's case from last year.
If you think about what conservative lawyers and

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judges have wanted for the last fifty
years, it was to overrule Row versus

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Wade, and it was to end
affirmative action it's almost as if the conservative

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legal movement has finally achieved most of
its agenda. It only took a half

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century. But John, does that
mean you're more or less done now?

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Well, there's always new things to
talk to Richard Epstein about. So seriously,

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you can see today, actually you
saw the other cases where the Conservative

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Court is still pushing forward. One
is religious rights, and that's the very

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controversial Conservatives actually are very divided about
how much to protect religious rights. But

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today the court said that a religious
internet wedding planner did not have to do

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same sex weddings if out of her
legitimate and good faith religious belief. And

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then the other case today was the
cutting back stopping actually not cutting back completely

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blocking the four hundred billion dollars Biden
student loan cancelation. And that's the other

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area where this Court's going to still
keep going, which is trying to figure

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out a way to rein in the
bureaucracy. Ap characterized the website designer decision

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as another blow for gay rights,
which I think is an interesting way of

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framing the issue as opposed to I
mean, if somebody had declined to make

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a website for Nazis, I don't
think that the ape would be saying in

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a blow to racist rights, Wow, they would be hailing it as something

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else. This is a matter of
compelled speech, right. This is a

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matter of the state's view on things
being mandatory in freedom of expression. So

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the phrasing on this is always going
to be suspect and perhaps not surprising.

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And guess what, I have no
question there, so I'll shut up and

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Peter, you can go on and
ask a good question. James actually made

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an excellent point there, which is
one thing that the religious groups successfully did,

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and they started doing this about twenty
thirty years ago, but you're really

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seeing the culmination in the last five
years. You say, kind and I'm

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not sure very religious people would agree
with this. They kind of converted themselves

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from a religious group to a free
speech group. So now instead of saying

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they still say, you're restricting our
right to have freedom of religion under the

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First Amendment, but then they also
say, and we have a point of

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view as like a free speech rights. That's different, and they've been winning

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a lot more lately because they're able
to say we also are just saying what

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we believe. As if you know, any group in society has a right

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to say what they belief, regardless
of whether it's religious or not. And

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they've been getting I think they begin
more sympathy from people and from judges because

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they've made that sweat. I know
we're talking about we're talking about the website

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case, but I also want to
go back to the coffrimitive action. But

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the website case for it's just just
clarifying. I always get this wrong.

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If I run a liquor store and
I say I don't sell to gay people,

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that's a violation of something, right? Is that that you can't do

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that? I bake cakes or decorate
cakes, or make websites or do a

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kind of a service and say,
listen, I don't, I don't.

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I mean the people doing that aren't
saying they don't sell or serve those people.

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They're saying they will not create a
public product for those people, right,

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they will not be their ghostwriter in
a sense, either on the web

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or on the top of a cake. Is that that fair? Yeah?

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And that's where a lot of people
are all right conflicted because you could say,

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if you're a store and you open
yourself up to the public or your

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hotel, you open yourself up to
the public. Then the law says you

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have to basically not discriminate against anybody
who comes in. So you can't say,

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I run the rob long Democrats only
love motel. Although that sounds be

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a great business right, you got
to let in Republicans and Democrats. You

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have an obligation when you open a
business to open up to everybody. Now

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that distinction the court made, and
you may not be persuaded by this.

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There's you know, there's a lot
of people dissent from this on the court

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and then scholarship, but they would
say. The court then says, okay,

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so if you go into the baker's
place and you buy the kick,

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he has to sell you the cake. You can't force him, though,

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to write what you want on the
cake. He said, that's my artistic

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right. And the court kind of
draws the line around there between your right

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to open access, but then the
right of the business owner not to right

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not to have to say what he
doesn't want to say, not to be

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your ghostwriter, which I I kind
of agree, I don't quite understand.

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I don't guess I don't understand the
argument against it because because it hurts the

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wrong group of people. The same
people who are saying that the baker should

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be forced to write something on the
cake that is contrary to their own personal

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beliefs are the same people who will
try to get you drummed out of your

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job or academia if you miss gender
or use the wrong pronouns, or you

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have a hateful idea which is descent. I mean, this is the disconnect

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that I don't get is, on
one hand, they want the state to

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compel people to say certain kinds of
speeching on the other hand, they are

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absolutely incensive. They're incensed if people
say something that they find upbraids their own

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delicate sensibilities. And here's an interesting
thing that both James and robs our questions

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race is after this case. Before
this case, I would not have thought

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this was a serious claim. But
now I could see someone saying, well,

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in the workplace, you can't make
me use your preferred pronouns anymore because

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I don't believe in three, four
or five different genders, right, So

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I, for religious, good faith, religious reasons, I refuse to use

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the vocabulary that my employers trying to
impose on me. That might be the

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next set of cass or it should
be because I'm saying artistic somehow gives a

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carve out that I don't think should
be. There doesn't matter. I mean

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if the artistry or whether or not
it's aesthetic is irrelevant. What matters is

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compelled to speech. And that's what
the Left has been trying to do for

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a long time. It is to
frame and just and contort the words so

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that if you do not utter these
proper phonemes, that you are guilty of

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a whole wrath of harmful violence,
et cetera. Thingshobe Um, all right,

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so I guess, I guess I
understand it is. But that feels

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to me as the way it has
been limbed by James lilacs Um to use

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the you know, legal term.
But I know you, like John you

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um, that seems to me as
you describe never believable red meat an almost

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a hometown buffet times twenty a banquet
of mc ribbs for future. Now you're

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making me graces. Yeah, this
feels to me like that this area is

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gonna be. This is like,
this is the overture to the world's longest

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concerto for courts in twenty years,
thirty years in the future, trying to

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figure this part out right. Yes, and this is to extend the method.

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This is the overture before the opera
starts, because there's so many But

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part of it's because of what you
guys are talking about. If the other

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side let people alone, right,
they didn't try to say the reason this

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happened was because Colorado passed a law
trying to force Baker's wedding planners to accept

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everyone who comes in and to have
to do these websites or put on the

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frosting on the cake with the messages
for people they disagreed with and for causes

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they disagreed with. So I think
if the other side would step back a

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little bit, they won't start generating
all these permanent Supreme Court precedents which they're

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going to be very upset with.
And the chances that the other side will

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step back a little bit are counselor
may we go to affirmative action? Yes?

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Please, I'll just I'm just going
to give you a stack of questions

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and let you deal with them as
you may so rather than kind of let

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you talk and then come in with
it. All right, But can we

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do them one at a time?
Because I can barely remember what Peter said.

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You must says you might, thank
you very much, you might.

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You can take Yeah, I was
clicking around last night and you were.

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You appeared on every single outlet that
I clicked on. John, you must

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not have slept last night. You
were on cable television so much. Okay,

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it was I was calling. I
was telling my friends. I hate

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to say this, but I was
getting critiqued by some friends, so I

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said, that's just what you for
the first time in history. That's what

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you call the Asian victory. Lap
Okay, I'm trouble for that. Three

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00:23:59.720 --> 00:24:03.079
questions. Question number one, Can
we agree that this was the Chief Justice

336
00:24:03.240 --> 00:24:08.920
at his best, no attempt to
play politics, Beautifully written, passionate,

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00:24:10.279 --> 00:24:15.160
forceful, logically unanswerable as best I
can tell too. I'm going to give

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them all to you, John right
now. There does did it leave too

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much of a loophole? Of course, colleges and universities may continue to consider

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essays and personal experiences and your alma
mater. Harvard instantly released a press release

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saying that if students, if applicants
discuss the effects on their lives of race,

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we will of course take that into
account. That's a loophole. I

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think maybe not, while you'll tell
me three the military was specifically excluded.

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Now, I can't quite figure out
the grounds for saying that this is unconstant,

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that taking race into account in hiring
or application admission decisions is unconstitutional,

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but the military gets to do it. John, So first, I think

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00:25:00.119 --> 00:25:04.960
this is Roberts's greatest opinion. It
was, as you said, it was

348
00:25:06.079 --> 00:25:10.720
very forceful and strong. He's almost
if you read the descent, the tone

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00:25:10.759 --> 00:25:15.759
of it is he's exasperated. One
theme that runs through is not just that

350
00:25:15.480 --> 00:25:22.079
the government should never use race ever
for anything again, because it was such

351
00:25:22.079 --> 00:25:29.160
a mistake, but he has overwhelming
disdain for university professors like me, the

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00:25:29.279 --> 00:25:33.599
university administrators, deans, particularly college
a ministry. He almost calls them all

353
00:25:33.680 --> 00:25:38.599
liars. He says, basically,
you told us this stuff almost over twenty

354
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years ago, that you needed diversity
to have better teaching, research and so

355
00:25:45.279 --> 00:25:48.240
on. And he says there has
been in the last two decades absolutely no

356
00:25:48.400 --> 00:25:52.440
proof that that is true. And
this is almost the exact words. He

357
00:25:52.440 --> 00:25:56.319
says, we're no longer going to
take your word for it, as you

358
00:25:56.400 --> 00:26:00.799
know that's not legal. Ease that's
pissed off, right, So that's one

359
00:26:00.839 --> 00:26:04.200
day. Is just how forceful.
He was almost angry that he felt the

360
00:26:04.240 --> 00:26:11.720
Court has been manipulated by university universities. So I thought it was It was

361
00:26:11.720 --> 00:26:15.400
a great and also he's very direct
and responsive to the descent. He could

362
00:26:15.400 --> 00:26:22.359
have ignored Justice Jackson and her sixteen
nineteen Project Descent. I recommend you read

363
00:26:22.400 --> 00:26:26.799
it because now we have a critical
race theorist on the Supreme Court. Justice

364
00:26:26.960 --> 00:26:33.079
Oh oh. It's in fact that
she basically prompts Justice Thomas into saying that

365
00:26:33.119 --> 00:26:38.079
she herself holds racist beliefs. It
is really an extraordinary exchange, Unlike I

366
00:26:38.079 --> 00:26:41.880
think I haven't seen anything like it
in you know, fifty years of Supreme

367
00:26:41.960 --> 00:26:47.960
Court opinions. But what Roberts's main
achievement is to say, let me show

368
00:26:47.960 --> 00:26:51.799
you how the Constitution is color blind. Let me show you every time the

369
00:26:51.839 --> 00:26:56.319
Supreme Court has thought it was doing
good by deviating from that, like dred

370
00:26:56.400 --> 00:27:03.359
Scott, which appeld Slay, like
Plusy versus Ferguson, which upheld segregation.

371
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Every time we did it, it
was a disaster for the country. And

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so we've done it a third time
for emissions and we're gonna stop. We're

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gonna close that loophole off. And
now we're just returning to a single,

374
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easy to understand principle. We have
a color blind constitution. So I thought

375
00:27:18.680 --> 00:27:21.759
it was I thought it was.
I don't think Roberts is ever going to

376
00:27:21.920 --> 00:27:25.240
do better than this. It's all
downhill for him now or you John,

377
00:27:25.279 --> 00:27:26.839
the two of you need to hang
up. But we'll come to that in

378
00:27:26.880 --> 00:27:30.279
a moment. We'll come to that. I'm still young enough to get on

379
00:27:30.319 --> 00:27:33.160
the court. See, this is
what we gotta You're gonna really scare the

380
00:27:33.319 --> 00:27:34.920
left. Just say, look,
you can still put John you on the

381
00:27:34.960 --> 00:27:38.960
court. This is not over.
Um. The second the loophole, Yeah,

382
00:27:38.960 --> 00:27:42.039
that's not going to really think.
Why do you think you wrote that

383
00:27:42.119 --> 00:27:48.839
book about Donald Trump called Defender of
the Constitution? Yeah, three January sixth

384
00:27:49.200 --> 00:27:55.839
Um, anyway, the loop on
the loopholepole question, Yes, the loophole.

385
00:27:55.839 --> 00:27:59.000
Actually, Um, this is again
something he did because of the descent.

386
00:27:59.480 --> 00:28:03.319
So that sent the actually tried to
say, okay, here the ten

387
00:28:03.440 --> 00:28:07.319
ways college emissions officers can still cheat. They're really remarkable. They were exploited.

388
00:28:07.359 --> 00:28:11.559
They tried to find loopholes in the
decision that's what the end did,

389
00:28:11.759 --> 00:28:15.359
right, and tell the end one
of them and lay them out for college

390
00:28:15.400 --> 00:28:18.680
emissions officers. Right. So this
really ticked Roberts off. So he basically

391
00:28:18.759 --> 00:28:25.359
said, actually says the last place
you should look for legal counsel is the

392
00:28:25.519 --> 00:28:30.319
losing descent and a Supreme Court opinion. It's really harsh. I thought it

393
00:28:30.359 --> 00:28:33.000
was a great line. But then
that's why this provoked what people are calling

394
00:28:33.039 --> 00:28:37.240
the loophole, which is not which
is where he says, Look, obviously,

395
00:28:37.759 --> 00:28:41.359
college students are going to put in
their essays. Oh, I overcame

396
00:28:41.559 --> 00:28:48.319
some barrier because of my race,
or my race inspired me to write about

397
00:28:48.359 --> 00:28:52.359
the works of Martin Luther King.
It's not possible for the court to police

398
00:28:52.400 --> 00:28:56.079
any of that. But what the
court instead said is, but if you

399
00:28:56.440 --> 00:29:00.400
use that race as a proxy for
he's automatically in or she's automatically and that's

400
00:29:00.440 --> 00:29:03.480
unconstitutional. If you look at their
race just like you might look at their

401
00:29:03.880 --> 00:29:08.680
income or their lack of education opportunities, that's different. Then you're still treating

402
00:29:08.720 --> 00:29:12.240
them as an individual, not a
member of a group. That might still

403
00:29:12.279 --> 00:29:15.599
be okay, But then they say, but we're going to be vigilant we're

404
00:29:15.640 --> 00:29:18.079
gonna be watching you to make sure
you're not cheating. Okay. On the

405
00:29:18.119 --> 00:29:22.640
third one about the military, this
has been totally i think exaggerated by the

406
00:29:22.759 --> 00:29:27.680
left because they can't find anything in
this opinion, you know, for anything

407
00:29:27.759 --> 00:29:32.160
that looks like sunlight. So there's
a footnote in the beginning of the opinion

408
00:29:32.240 --> 00:29:36.799
that says, this opinion doesn't address
military academies because no one sued them,

409
00:29:37.680 --> 00:29:41.880
so we're reserving that for tomorrow.
So I already had a friend of mine

410
00:29:41.920 --> 00:29:45.720
in the conservative legal movement who said, oh, we're going to sue the

411
00:29:45.759 --> 00:29:49.319
military academies next year now, so
I think this exception is not going to

412
00:29:49.480 --> 00:29:52.880
last very long. And if you
were the dean, you know, West

413
00:29:52.960 --> 00:29:57.160
Point or Annapolis, you should change
your missions. Gets sued to the Supreme

414
00:29:57.200 --> 00:30:00.759
Court, right, And I said, look, this is why the court

415
00:30:00.839 --> 00:30:03.640
would do this, because can you
imagine the Supreme Court saying, oh,

416
00:30:03.720 --> 00:30:08.400
it would be okay to have racial
quotas for promotions in the military to major

417
00:30:08.519 --> 00:30:11.720
or colonel. Court would strike that
down right away. So why do you

418
00:30:11.759 --> 00:30:15.960
think they would allow those a military
can of say we're going to have quotas

419
00:30:17.079 --> 00:30:19.960
for black and Hispanic officers. And
lower ones for Asian and white officers.

420
00:30:21.079 --> 00:30:25.279
So I can't think this court would
would agree with that. Okay, so

421
00:30:25.559 --> 00:30:27.839
um, I am jet lagged.
So I got up early today and I

422
00:30:29.000 --> 00:30:37.759
read the newspaper and I read the
decisions in the affirmative action case and they

423
00:30:37.799 --> 00:30:40.920
are like really good, They're like
riveting. That's like a lot of drama

424
00:30:41.000 --> 00:30:44.039
in there. But the one thing
I was struck, and I just this

425
00:30:44.160 --> 00:30:45.440
is now cultural, not legal,
So I'm asked to ask you a larger

426
00:30:45.519 --> 00:30:52.119
question. I was struck by the
difference of opinion between Katangi Brown Jackson and

427
00:30:52.240 --> 00:30:56.200
Clarence Thomas, that the two black
members of the court have a very different

428
00:30:56.279 --> 00:31:02.119
view. And so I did a
little Wikipedia and I and I mean no

429
00:31:02.359 --> 00:31:06.279
disrespect to Katangie Brown Jackson. I'm
what I'm about to say I could be

430
00:31:06.319 --> 00:31:11.279
said about me in spades, but
she in the word they kept using in

431
00:31:11.400 --> 00:31:15.519
the in the decisions, adversity that
adversity can count. Adversity is something that

432
00:31:15.680 --> 00:31:22.519
all colleges can look at. Two
parent family. Katangie Brown Jackson raised in

433
00:31:22.640 --> 00:31:27.960
Florida, born in DC. Father
was a prominent lawyer was then in the

434
00:31:29.519 --> 00:31:33.519
Chief Council for the Miami Dade school
board. Mother was a school principal,

435
00:31:33.359 --> 00:31:40.599
she went to Harvard. Well,
I'm sure, I'm sure she had adversity

436
00:31:41.240 --> 00:31:44.920
in her life. We all do. But when you can compare that to

437
00:31:44.960 --> 00:31:48.279
say that Clarence Thomas story, single
parent family, raised by a grandparent in

438
00:31:48.680 --> 00:31:55.680
poor, rural Georgia, a lot
of adversity there. If you are the

439
00:31:55.799 --> 00:32:01.519
admissions officer for a Harvard law school, Yale law school, one of those

440
00:32:01.599 --> 00:32:07.640
candidates applicants has adversity in you know, truckloads, and the other doesn't.

441
00:32:07.200 --> 00:32:15.039
Why should both of them get preferential
treatment over you know, goody two shoes

442
00:32:15.440 --> 00:32:21.319
a student, John you, because
that's really what is at a heart right

443
00:32:21.440 --> 00:32:25.920
of this case. I don't understand
why my shoes are goody two, but

444
00:32:28.279 --> 00:32:30.960
I don't even know what that means. So, you know, Rob,

445
00:32:31.039 --> 00:32:36.119
actually it's your student, you know
you were, Yeah, what do you

446
00:32:36.160 --> 00:32:44.599
get other than as a their grades
below A that's another mom a Asian victory

447
00:32:44.680 --> 00:32:49.960
lap, but you went to Actually, Asian victory lap is kind of funny

448
00:32:49.960 --> 00:32:52.240
because we're supposed to be humble,
So an Asian victory lap is just I

449
00:32:52.279 --> 00:32:54.920
don't know what an Asian victory lap
would be just book. I'll tell you

450
00:32:55.039 --> 00:32:59.519
this much, whatever the victory lap
is, it doesn't clock in at much

451
00:32:59.519 --> 00:33:05.359
of a speed. So this is
this point that rob is making is actually

452
00:33:05.480 --> 00:33:07.839
not just cultural, it's legal,
and it's actually infused. In the opinion,

453
00:33:07.960 --> 00:33:14.440
the Chief Justice Roberts says, the
evidence shows that the primary beneficiaries of

454
00:33:14.559 --> 00:33:21.519
racial preferences are middle and upper middle
class minority families. And he says,

455
00:33:21.599 --> 00:33:27.240
why should write an upper middle class
kid and a black kid in the suburbs

456
00:33:27.519 --> 00:33:30.960
get a benefit of racial preference over
a poor white kid in inner city or

457
00:33:31.000 --> 00:33:37.200
a recent immigruct from Asia. I
think that's unanswerable. And so I think

458
00:33:37.240 --> 00:33:43.960
there's, as you see, this
cleavage or fight between people who think race

459
00:33:44.079 --> 00:33:47.839
explains everything, which I think is
That's why I'm quite seriously I say Justice

460
00:33:47.880 --> 00:33:53.160
Jackson's descent is a sixteen nineteen project
descent. She says this is justified because

461
00:33:53.240 --> 00:34:00.480
all of American society is fundamentally racist
and produces these long term, permanent he

462
00:34:00.599 --> 00:34:06.480
says, permanent oppression of blacks,
and Justice Thomas or I think the six

463
00:34:06.559 --> 00:34:12.039
other Justices and the majority who say
there's nothing wrong with having preferences based on

464
00:34:12.199 --> 00:34:15.480
socioeconomic class. That's the other thing. People don't realize. This opinion only

465
00:34:15.519 --> 00:34:19.719
says you can't use race. If
you still wanted to have a better society

466
00:34:20.159 --> 00:34:24.039
and do social engineering, you can
do it based on geography or poverty,

467
00:34:25.039 --> 00:34:28.880
right, whether your kids went you
know, where your parents went to college,

468
00:34:29.039 --> 00:34:30.440
that's all still allowed. In fact, I think this court would uphold

469
00:34:30.480 --> 00:34:35.199
those in a second. So you
really so, Rob swyn Is. It

470
00:34:35.320 --> 00:34:39.639
shows that there's this difference between people
who believe that government can do things based

471
00:34:39.719 --> 00:34:44.159
on class, but people in the
dissent, And I think a lot of

472
00:34:44.199 --> 00:34:47.000
my colleagues and a lot of university
professors and teachers in K through twelve who

473
00:34:47.039 --> 00:34:51.840
think race explains everything. Right,
But if you were, I mean,

474
00:34:52.639 --> 00:34:54.239
I'm going back to those two people
and I'll shut up because it seems to

475
00:34:54.280 --> 00:34:59.440
be That's the crux of the argument
is that Clarence Thomas was born in nineteen

476
00:34:59.519 --> 00:35:04.920
forty eight and Catangie Brown Jackson was
born in nineteen seventy and when Clarence Thomas

477
00:35:05.000 --> 00:35:07.039
was born, he didn't have indoor
plumbing and didn't have a father. He

478
00:35:07.079 --> 00:35:09.920
had a father, father left early. He didn't have any of the things

479
00:35:10.000 --> 00:35:15.239
that you need to get to Yale, except probably a grandmother who's on him

480
00:35:15.280 --> 00:35:22.039
all the time and his own native
brilliance. KTAGI Brown Jackson is a little

481
00:35:22.039 --> 00:35:23.719
bit more like you know, Frankly
the Rob long story, like she kind

482
00:35:23.760 --> 00:35:28.480
of like you know, she born
Okay, she did Okay. She's a

483
00:35:28.679 --> 00:35:34.400
child of the post civil rights era
by any definition. So it seems like

484
00:35:34.559 --> 00:35:38.840
one side is clinging to the privilege
and the other side is saying no,

485
00:35:39.000 --> 00:35:45.480
no, done over. And I
don't see where this ends. I don't

486
00:35:45.519 --> 00:35:50.000
see where if you have the oldest
guy saying you don't need these set asides,

487
00:35:50.039 --> 00:35:52.400
the one guy who Rob really could
have used them, frankly, and

488
00:35:52.599 --> 00:35:55.440
then the other person who didn't really
need them claiming them. I mean,

489
00:35:55.519 --> 00:36:00.400
how can most Americans, certainly most
Asian Americans look at this and think that

490
00:36:00.679 --> 00:36:05.760
the system is rigged against them?
Yeah? I agree. In fact,

491
00:36:05.880 --> 00:36:10.960
Thomas says it's worse than that.
Even he says that having this view that

492
00:36:12.119 --> 00:36:16.079
the younger minorities have. Look,
there are plenty of Asians who support racial

493
00:36:16.159 --> 00:36:22.440
preferences, which I find mind blowing. But Justice Thomas says, it's not

494
00:36:22.639 --> 00:36:28.679
just that you're trying to get benefits
for yourself. You are adopting an ideology

495
00:36:29.480 --> 00:36:34.159
that is destructive to young people,
he says, because he says this in

496
00:36:34.199 --> 00:36:37.079
his opinion in response to Justice Jackson, you are trying, you are trying

497
00:36:37.159 --> 00:36:43.400
to convince all young black children that
you are permanent victims, and that nothing

498
00:36:43.480 --> 00:36:47.119
you do is a result of your
hard work and as you said, Rob

499
00:36:47.199 --> 00:36:52.719
your natural talents, that everything you
suffers because of racism, and therefore everything

500
00:36:52.840 --> 00:36:57.679
any benefits you get is because of
race. He says that, as though

501
00:36:57.760 --> 00:37:02.360
that's supposed to stings, as though
he's unmasked at their argument. That's exactly

502
00:37:02.400 --> 00:37:07.719
what they specifically explicitly say, that
you are in this position simply because of

503
00:37:07.800 --> 00:37:13.239
you. I mean, I mean
intersectionality and identity politics requires the reduction of

504
00:37:13.280 --> 00:37:15.199
everybody down to this. They'll admit
it first. So, I mean,

505
00:37:15.239 --> 00:37:17.800
you're right, and he's right,
but it's you know, I don't think

506
00:37:17.800 --> 00:37:21.199
there's a mortal blow to their self
image. It's like, yeah, of

507
00:37:21.280 --> 00:37:24.360
course, that's exactly what we believe, and it's baked into the bones of

508
00:37:24.400 --> 00:37:29.280
the American system. Now. The
one thing I think is different between say,

509
00:37:29.559 --> 00:37:34.840
last year and Dobbs and this year
is that in this case, but

510
00:37:34.960 --> 00:37:37.159
I think for these reasons. I
think the great majority of American people agree

511
00:37:37.199 --> 00:37:40.840
with Justice Thomas. I think the
polls show something around two thirds of the

512
00:37:40.840 --> 00:37:47.599
American people, including a majority of
the minority groups, think that the government

513
00:37:47.639 --> 00:37:52.280
shouldn't use racial preferences. So I
think Katanji Brown, Jackson's descent, and

514
00:37:52.360 --> 00:37:57.880
this whole sixteen nineteen project, maybe
this is the turning point. I hope,

515
00:37:58.280 --> 00:38:01.360
you know, maybe this is you
know, this crazy ideology invented at

516
00:38:01.360 --> 00:38:06.360
the universities has been let loose on
society, and maybe this court is now

517
00:38:06.960 --> 00:38:12.159
not ending it, but it's the
beginning of the end. So John,

518
00:38:12.320 --> 00:38:17.559
did you did you find it striking
at all that on all three of these

519
00:38:17.599 --> 00:38:21.840
big decisions that have come down in
the last couple of days, Affirmative action,

520
00:38:22.840 --> 00:38:29.199
the student loan forgiveness case, and
then the cake case, the wedding

521
00:38:29.400 --> 00:38:35.559
cake case, wed wedding planner case, thank you, the three liberals all

522
00:38:35.719 --> 00:38:43.840
voted in the minority, meaning I
guess, well, no, I'm putting

523
00:38:43.880 --> 00:38:46.599
this as a question my own thing. Just you know more about this than

524
00:38:46.679 --> 00:38:54.159
I do. But it struck me
that they're becoming that was almost transparently political.

525
00:38:55.199 --> 00:39:00.400
We just can't permit that we just
can't do this. The arguments are

526
00:39:00.480 --> 00:39:07.760
very weak kotential. Jackson Brown is
arguing politics from the New York Times,

527
00:39:07.599 --> 00:39:15.119
and I guess I was surprised and
disappointed that now a correct, straightforward understanding

528
00:39:15.159 --> 00:39:17.719
of the Constitution. And as far
as I can tell, on the student

529
00:39:17.840 --> 00:39:22.519
loan matter, nobody including Joe Biden, actually thought what he was doing there

530
00:39:22.639 --> 00:39:27.239
was legal. And yet you still
have three justices of the Supreme Court saying

531
00:39:27.480 --> 00:39:30.000
no, no, no, no. If the president does it, we're

532
00:39:30.000 --> 00:39:32.079
not quite sure how that's legal.
But somehow or other, there's a deli

533
00:39:32.239 --> 00:39:39.599
man, somehow it's legal and just
straightforward constitutional interpretation is not politicized. The

534
00:39:39.760 --> 00:39:49.760
left has somehow or other pledged itself
to sheer power identity politics in a way

535
00:39:49.800 --> 00:39:52.559
that it had not before. Am
I wrong? Which I may very well

536
00:39:52.599 --> 00:40:00.280
be? Well, I'm not sure
you're wrong. When it comes to these

537
00:40:00.360 --> 00:40:05.320
sort of core issues like abortion affirmative
action. I think their views on this

538
00:40:05.480 --> 00:40:08.039
are really hardwired into liberalism. I
mean, what are you wanna call it?

539
00:40:08.079 --> 00:40:13.480
Progressive is not liberalism, small elm. But I think progressive just can't

540
00:40:13.760 --> 00:40:20.559
because they have whole structures of thought
and policy built around abortion, built around

541
00:40:21.440 --> 00:40:25.639
right, affirmative action, social engineering
based on race. So I actually this

542
00:40:25.719 --> 00:40:29.920
is my hope. Maybe I'm wrong, maybe I'm too optimistic, but my

543
00:40:30.000 --> 00:40:34.039
hope is once the court gets over
these central fights that have been going on

544
00:40:34.199 --> 00:40:38.000
for fifty years. Right back,
which created racial preferences is from the seventies.

545
00:40:38.400 --> 00:40:42.519
Ro versus Wade is from the seventies. Right, These are fights that

546
00:40:42.599 --> 00:40:45.920
have been going on for fifty years. Now, maybe if they're settled,

547
00:40:46.559 --> 00:40:50.280
you know, the cork can get
down to regular business. So I'll,

548
00:40:50.480 --> 00:40:53.559
you know, while everyone's talking about
as they should, affirmative action, talking

549
00:40:53.599 --> 00:40:58.719
about the student loan program. The
Court's been unanimous on things that I think

550
00:40:58.800 --> 00:41:04.320
have a lot of common sense.
They decided a case yesterday about the religious

551
00:41:04.360 --> 00:41:07.320
postal worker. You know, um, what's his name from Cheers, not

552
00:41:07.519 --> 00:41:12.480
Norm, the other guy Cliff.
It's like it's a Cliff were a religious

553
00:41:12.559 --> 00:41:15.679
Catholic, right, So Cliff didn't
want to deliver mail on Sundays, and

554
00:41:15.880 --> 00:41:21.679
so the post office started basically punished
him, and the court unanimously said the

555
00:41:21.760 --> 00:41:23.719
post office should just give him some
other kind of work at the post office

556
00:41:23.800 --> 00:41:28.599
on the other days to make up
for not working on suns The other case,

557
00:41:28.679 --> 00:41:31.480
I point out to get who delivers
mail on who gets mail on Sundays?

558
00:41:31.760 --> 00:41:37.000
What nineteen twenty seven where you got
too you know you got it twice

559
00:41:37.000 --> 00:41:39.159
a day and then once on Sundays. I have there's never never known Sunday

560
00:41:39.199 --> 00:41:44.000
to live. Could be we just
we just don't include Minneapolis. Oh that

561
00:41:44.119 --> 00:41:45.960
explains it? Could it possibly be? Actually no, actually no, it's

562
00:41:45.960 --> 00:41:50.960
actually Amazon. That's the post Office. That's what I was going to say.

563
00:41:50.960 --> 00:41:53.199
It's one of those things that they're
doing their subcontracting for Amazon. And

564
00:41:53.320 --> 00:41:57.519
so that dad's another little eye opener. Did these things anyway? Do go

565
00:41:57.519 --> 00:42:00.440
ahead? And then here's actually the
other one is a Minnesota case self throw

566
00:42:00.440 --> 00:42:02.960
it out there too, where they
were unanimous, everyone agreed them common sense

567
00:42:04.039 --> 00:42:08.960
where Minneapolis took the condo of a
ninety two year old grandma because she had

568
00:42:09.280 --> 00:42:13.960
had paid her taxes, sold it, kept the tax money, but then

569
00:42:14.000 --> 00:42:16.159
took kept the rest of the money
too. Again nine zero. That's a

570
00:42:16.239 --> 00:42:22.239
taking of property. So my hope
is right you three Trump justices added to

571
00:42:22.960 --> 00:42:29.559
Mary Roberts, Thomas and Alito has
produced now the supermajority that can finally resolve

572
00:42:29.639 --> 00:42:35.639
these cases that really have bedeviled our
system for fifty years. Now we can

573
00:42:35.719 --> 00:42:42.159
get onto new business and maybe you'll
see right the tensions received rather than get

574
00:42:42.239 --> 00:42:45.920
worse. That's my guy. Let
me ask you about the student loan thing.

575
00:42:46.079 --> 00:42:50.000
We all know that we had an
amnesty when it came to immigration.

576
00:42:50.119 --> 00:42:52.960
That it didn't settle the issue forever. It just meant that people said,

577
00:42:52.239 --> 00:42:54.320
whatever, can have one of those, I'd like to get into the next

578
00:42:54.360 --> 00:42:57.800
one, and so they'd come here
and stick around and hope for a law.

579
00:42:58.400 --> 00:43:01.760
If they had passed the they've said
that the Biden loan forgiveness was Okay,

580
00:43:01.840 --> 00:43:05.519
that's great, that's a good idea. We're going to say it's constitutional

581
00:43:05.599 --> 00:43:08.760
because it's a good idea and people
like it, and ergo, it's constitutional.

582
00:43:09.000 --> 00:43:13.480
If they had done that, there
would have been absolutely no effect whatsoever

583
00:43:13.559 --> 00:43:17.119
on people taking ridiculous amounts of money
to get ridiculous degrees because they figured another

584
00:43:17.159 --> 00:43:21.079
one was down the road. So
now that they have, now that there's

585
00:43:21.159 --> 00:43:25.119
no forgiveness, could this possibly be
the beginning of the pointless, expensive,

586
00:43:27.039 --> 00:43:32.519
miserable cultural addiction this country has to
believing that a college degree is a somehow

587
00:43:32.559 --> 00:43:36.599
certification of one's ability to do anything
in the world, and it's the basic,

588
00:43:37.480 --> 00:43:42.199
most minimal thing that you have to
do to participate. Is this the

589
00:43:42.280 --> 00:43:45.519
beginning of the end of the whole
college mystique and the return to something perhaps

590
00:43:45.599 --> 00:43:50.480
that's more useful and grounded. In
other words, I mean, you can

591
00:43:50.519 --> 00:43:52.400
wrap up everything we're talking about and
saying that, actually, if you want

592
00:43:52.440 --> 00:43:57.679
to help these poor kids who grew
up in adverse circumstances and have lived experiences

593
00:43:57.719 --> 00:44:00.880
to tell about it, don't send
them to Harvard. Then to electrician school

594
00:44:00.920 --> 00:44:04.880
or the plumbing school where they can
actually make a difference and make some money.

595
00:44:05.840 --> 00:44:08.199
Anyway, just the end of college
as we know it, Well,

596
00:44:08.239 --> 00:44:13.880
you're seeing the changes already and what
people are majoring in. So I think

597
00:44:13.960 --> 00:44:16.920
you're seeing now the lowest number of
majors and the humanities, you know,

598
00:44:17.039 --> 00:44:21.960
like English professors are wondering why no
one's showing up in their classes. I'll

599
00:44:21.960 --> 00:44:25.320
tell you. Here at Berkeley,
we just created the first new college in

600
00:44:25.400 --> 00:44:30.880
fifty years, and it basically is
data science, and I think it already

601
00:44:30.960 --> 00:44:36.320
has the most majors in the whole
in the whole university, and people are

602
00:44:36.360 --> 00:44:40.760
not majoring in history English. Maybe
this is good for humanity. I don't

603
00:44:40.800 --> 00:44:45.079
know, but you know, yeah, yeah, it doesn't sound bad.

604
00:44:45.719 --> 00:44:49.239
I wouldn't mind. People a fewer
people are majoring in English in history if

605
00:44:50.079 --> 00:44:53.639
history and English were part of the
basics, we're getting a college degree.

606
00:44:53.639 --> 00:44:57.360
In other words, in order to
get that degree, even if it's in

607
00:44:57.480 --> 00:45:00.440
STEM, we've got to see that
you've sat in the class and and gotten

608
00:45:00.440 --> 00:45:02.519
a basic rutiment specific education and history
in English and the rest of it.

609
00:45:02.599 --> 00:45:05.679
So he's come out of you're a
well rounded individual. But no, it

610
00:45:05.760 --> 00:45:08.800
doesn't you know. Yeah, my
points just like the marketers are spawning,

611
00:45:08.840 --> 00:45:14.320
and students themselves are choosing to go
for more practical subjects. Now, even

612
00:45:14.360 --> 00:45:15.719
when they go to college, they're
you know, they're going for things like

613
00:45:15.880 --> 00:45:21.000
data science for STEM fields, not
for the liberal arts, which I'm sure

614
00:45:21.039 --> 00:45:24.239
the four of us all majored in. Can I just change the subject for

615
00:45:24.360 --> 00:45:30.000
one thing? Yeah, I hear
that, sorry, which we haven't talked

616
00:45:30.039 --> 00:45:37.480
about, which the Jerrymanderine case was
from two weeks ago, Alan versus Milligan.

617
00:45:38.800 --> 00:45:44.239
Is that again, yeah, um, the one from Alabama. One

618
00:45:44.280 --> 00:45:50.280
from Alabama. So the court again, the conservatives on the board said you're

619
00:45:51.960 --> 00:45:57.039
the Alabama the redistricting or redraw.
The redrawn map that the Alabama state legislature

620
00:45:57.159 --> 00:46:01.679
did is is not object to state
judicial review. Do I have that right?

621
00:46:04.440 --> 00:46:09.599
Uh? Not quite, but it
just Supreme Court. The Supreme Court

622
00:46:09.639 --> 00:46:15.800
base said we're not going to overturn
that map, even though when you drew

623
00:46:15.920 --> 00:46:20.800
the map you can take race,
and you took race into account. So

624
00:46:21.239 --> 00:46:24.480
some people think, oh, that's
a contradiction with yesterday's decision saying you can't

625
00:46:24.559 --> 00:46:30.000
use race. So this is where
so there's a I could give a political

626
00:46:30.079 --> 00:46:36.639
explanation for this or constitutional explanation.
The political explanation is I think after last

627
00:46:36.760 --> 00:46:42.239
term with Daubs and the Second Amendment
cases, I think that I think Chief

628
00:46:42.320 --> 00:46:45.639
Justice Roberts and the Conservatives say,
there's only so much we can do any

629
00:46:45.679 --> 00:46:49.440
one year. There's only so many
Apple carts we're going to turn over.

630
00:46:50.280 --> 00:46:52.519
And so if we're going to strike
down affirmative action, if we're going to

631
00:46:52.599 --> 00:47:00.159
strike down Biden's student loan program,
right, we're and again I think this

632
00:47:00.320 --> 00:47:05.039
is just Roberts and Kevanaugh, but
primarily Roberts. He's basically, we're going

633
00:47:05.079 --> 00:47:08.119
to leave a law of the rest
of the law alone. And so the

634
00:47:08.239 --> 00:47:14.480
Court has for many years to allow
the considerations of race and drawing racial drawing

635
00:47:14.559 --> 00:47:19.880
congressional districts, and so conservatives are
upset with Roberts because they're saying, how

636
00:47:19.960 --> 00:47:22.880
could you do that? This is
inconsistent. You shouldn't allow the use of

637
00:47:22.960 --> 00:47:27.079
race here either. But I think
Roberts just said, we're just going to

638
00:47:27.199 --> 00:47:30.719
leave the way we've been doing business
here untouched. I think a lot of

639
00:47:30.800 --> 00:47:37.119
conservatives think it's wrong and unconstitutional to
use race even when you draw congressional districts.

640
00:47:37.159 --> 00:47:39.960
And then the question is, even
how do you do it right?

641
00:47:40.079 --> 00:47:44.960
I mean, how do you you
know you're making the worst stereotypical judgments of

642
00:47:45.039 --> 00:47:47.440
people based on their race when you
pack them into different districts, assuming they're

643
00:47:47.480 --> 00:47:52.519
all going to think and vote the
same way. But my view is the

644
00:47:52.639 --> 00:47:57.519
court just didn't have enough, you
know, political and intellectual capital to do

645
00:47:57.639 --> 00:48:04.119
it. It doesn't it doesn't consist
with the earlier decision or the later decision.

646
00:48:04.159 --> 00:48:06.159
Now, I mean, now that
was earlier this month, and so

647
00:48:06.280 --> 00:48:16.199
later this month. Maybe I get
that's wrong. Um limiting the state Court's

648
00:48:16.239 --> 00:48:24.480
ability to review election maps drawn by
state legislators. So in a sense,

649
00:48:24.599 --> 00:48:30.639
it's consistent in a sense that they're
sort of allowing the state elected state representatives

650
00:48:30.840 --> 00:48:32.880
a lot of seems to me,
a lot of leeway properly, it seems

651
00:48:32.880 --> 00:48:39.199
to me in deciding how elections are
organized run conducted in their states. Is

652
00:48:39.239 --> 00:48:43.320
that so it is consistent in that
way or am I? Oh yeah,

653
00:48:43.679 --> 00:48:45.239
yeah, Again, I think there's
a short term and a long term.

654
00:48:46.199 --> 00:48:52.760
This is more versus Harper you're talking
about, which is whether state legislatures alone

655
00:48:52.920 --> 00:48:58.679
have the right to draw districts or
whether other parts of the government can change

656
00:48:58.719 --> 00:49:04.199
them, like governor or in that
case, the state Supreme Court. So

657
00:49:04.400 --> 00:49:07.480
I think the short term again is
I think Roberts, you know who,

658
00:49:07.760 --> 00:49:13.360
in both of these cases joined with
liberals on the court to you know,

659
00:49:13.599 --> 00:49:19.480
basically reach a liberal outcome. I
think he just didn't want to fight on

660
00:49:19.679 --> 00:49:27.480
that many fronts at once at once, and particularly that case, because we

661
00:49:27.639 --> 00:49:32.239
may know that a lot of crow
Trump people who think the election was stolen

662
00:49:34.159 --> 00:49:38.079
wanted the outcome to be different in
that case. Because the parallel provision also

663
00:49:38.119 --> 00:49:44.000
says state legislatures decide how you choose
presidential electors. And so if you remember

664
00:49:44.079 --> 00:49:51.119
back to January December, January twenty
twenty twenty, Trump's legal advisors were telling

665
00:49:51.239 --> 00:49:57.000
him that the state legislatures could ignore
the popular votes in places like Pennsylvania and

666
00:49:57.079 --> 00:50:02.519
Wisconsin and Georgia and just choose the
actors themselves for Trump, So I think

667
00:50:02.880 --> 00:50:07.119
the politician and Roberts thinks, Look, the more important issue in the long

668
00:50:07.239 --> 00:50:14.119
run is striking down affirmative as racial
preferences. Is stopping this seizure of the

669
00:50:14.159 --> 00:50:17.639
power of the purse by the president. The longer term picture is exactly as

670
00:50:17.679 --> 00:50:21.039
you say, Robin. I,
Rob I, I welcome you. I

671
00:50:21.159 --> 00:50:24.079
encourage you to join the ranks of
legal scholars because this would be a great

672
00:50:24.199 --> 00:50:28.800
law large journal article. Actually that
I think has been missed, which is

673
00:50:31.760 --> 00:50:36.199
now these two cases, plus there's
an earlier cases says the Court's not going

674
00:50:36.280 --> 00:50:39.000
to get in the business of trying
to draw districts. And then there's an

675
00:50:39.000 --> 00:50:43.199
earlier case called Citizens United, where
the court said we're not going to try

676
00:50:43.239 --> 00:50:46.639
to right or decide how much you
can contribute to campaigns. I think that

677
00:50:46.880 --> 00:50:52.519
the court is getting out of the
business of trying to oversee elections and politics.

678
00:50:52.760 --> 00:50:58.400
You can see in the opinions there's
this view politics a dirty messy business.

679
00:50:58.880 --> 00:51:02.920
Judges have no place trying to get
involved and clean up democracy. So

680
00:51:04.159 --> 00:51:06.480
we're just going to pull out of
the field. Again. This was a

681
00:51:06.519 --> 00:51:08.800
great progressive project. If you think
about the Progressives are the one who wanted

682
00:51:08.840 --> 00:51:14.000
to have they have they have teach
courses called the law of Democracy the law

683
00:51:14.079 --> 00:51:19.280
of politics, and they were they
were trying to push the courts into basically

684
00:51:19.559 --> 00:51:24.159
being the supervisors of elections and politics
and political parties. And I think Roberts

685
00:51:24.199 --> 00:51:30.079
and the Conservatives are gradually leaving the
field. So not bad good. I

686
00:51:30.119 --> 00:51:32.599
mean, look, if if you
don't like if you don't like the way

687
00:51:32.679 --> 00:51:36.800
your districts are drawn, you don't
like the way your state elections are held,

688
00:51:36.840 --> 00:51:38.360
you don't like any of that stuff. But the bums out that's America.

689
00:51:38.599 --> 00:51:40.679
You don't go to the Supreme Yeah, they're saying, don't come here

690
00:51:40.719 --> 00:51:44.960
to the Supreme Court anymore. Rob
will soon be submitting an article to the

691
00:51:45.039 --> 00:51:46.840
Harvard Law Review. But check it. I think he's going to have chet

692
00:51:46.920 --> 00:51:52.400
GPT have Chap John. We have
to let you go, not because we

693
00:51:52.519 --> 00:51:54.400
have to actually, but we're just
kind of talking, you know, we're

694
00:51:54.440 --> 00:52:01.800
done with you, so as we
could do this gentlemen, always a pleasure

695
00:52:02.000 --> 00:52:07.880
to provide legal advice for free.
We will see you at our favorite kind

696
00:52:07.199 --> 00:52:10.119
when it comes to you. Had
another victory lab for John. You right

697
00:52:10.199 --> 00:52:15.000
there right, Thanks John, see
you guys, Thanks John, Happy fourth

698
00:52:15.119 --> 00:52:21.320
John, Yes, yeah, fourth, Rob. We got about three minutes

699
00:52:21.320 --> 00:52:23.039
here before you have to take off, and I believe that you right at

700
00:52:23.079 --> 00:52:28.599
this very moment back from France.
Jet Legged are eager to tell America that

701
00:52:28.719 --> 00:52:30.920
they too can meet Rob Long in
person if they come to New York for

702
00:52:31.039 --> 00:52:35.719
a one on one. Right,
yeah, sure of, I mean if

703
00:52:35.719 --> 00:52:37.800
I'm here, absolutely, but you
can meet each other other than one on

704
00:52:37.880 --> 00:52:42.800
one, because, um, if
you really want to take back America,

705
00:52:42.840 --> 00:52:46.280
people are gonna have to get together
grassroots level, and that reminds me of

706
00:52:46.440 --> 00:52:52.679
Ricochet meetups. So why not start
by getting together with some smart, like

707
00:52:52.760 --> 00:52:55.960
minded people for drinks or several drinks
and join Ricochet and we have meetups.

708
00:52:57.000 --> 00:53:00.039
Schedule meetups in Winston, Santalem July
fourteen through six. Scene in Portland,

709
00:53:00.119 --> 00:53:02.320
Oregon, July eighteen, So a
lot of them are coming up next a

710
00:53:02.320 --> 00:53:07.159
couple of weeks. German Fest meet
up in Milwaukee July twenty eighth of July

711
00:53:07.280 --> 00:53:10.840
thirtieth and Cookeville, Tennessee Labor Day
weekend September one through fourth. Look,

712
00:53:10.880 --> 00:53:15.320
we have members all over the country. If these dates or times or places

713
00:53:15.400 --> 00:53:19.440
don't work for you, just joined
Ricochet. Throw up a post say how

714
00:53:19.440 --> 00:53:22.920
about a meet up here at this
time and people will show up because Ricochet

715
00:53:23.079 --> 00:53:27.960
members like to come to a party. And you may say, join Ricochet.

716
00:53:28.000 --> 00:53:30.159
Why what exactly is in it from
me? Why I just go to

717
00:53:30.239 --> 00:53:34.199
the site and read it. Well, that's because in the member feed you

718
00:53:34.280 --> 00:53:36.760
have things the likes of which you
have never seen before in the Internet.

719
00:53:37.159 --> 00:53:38.280
Okay, maybe you have, but
they're not as good, and they're not

720
00:53:38.360 --> 00:53:42.280
as varied, they're not as well. Darry McVey just had a thread the

721
00:53:42.320 --> 00:53:45.920
other day. He has these great
threads about Hollywood and Hollywood history and television

722
00:53:45.960 --> 00:53:47.320
and the rest. He had a
threat about Destination Moon, the movie that

723
00:53:47.400 --> 00:53:52.039
brought into a George pal and Fritz
Lang and buzzalled Run and it was great.

724
00:53:52.159 --> 00:53:55.320
I mean, I just I loved
reading that had nothing to do with

725
00:53:55.519 --> 00:54:00.320
politic Well maybe just a little now, but that's Ricoche. When you go

726
00:54:00.360 --> 00:54:04.000
to the member's site, you will
find all manner of conversations, and you

727
00:54:04.079 --> 00:54:07.320
know what, it's It's my favorite
place. And I write a lot of

728
00:54:07.360 --> 00:54:09.159
stuff there that I don't post to
the main feed because I just like to

729
00:54:09.239 --> 00:54:13.079
keep it amongst ourselves and it's fun. So go there, join, It's

730
00:54:13.159 --> 00:54:15.280
cheap and your life will be changed. Peter, what are your plans for

731
00:54:15.360 --> 00:54:22.559
this fourth of July? Expanse Uh, I'm going to say something that's hopelessly

732
00:54:22.639 --> 00:54:24.519
old fashioned, and I will be
accused of sexism. My plans are as

733
00:54:24.639 --> 00:54:30.000
usual. I wait for missus Robinson
to tell me what we're doing that's Sexual's

734
00:54:30.039 --> 00:54:36.320
tactically tactically wise, tactically very wise. Yes, indeed, um, rob

735
00:54:36.440 --> 00:54:38.320
are you getting out the grill and
putting on your kids to cook? Bib?

736
00:54:38.480 --> 00:54:43.079
And oh are you cooking? The
family will be gathering, father be

737
00:54:43.199 --> 00:54:45.719
gathering at the beach, and um
what we usually do. And I just

738
00:54:46.639 --> 00:54:51.079
Nantucket Long Island, Um nan talk
it nan talking. And I have to

739
00:54:51.159 --> 00:54:54.880
be very careful what I what I
broke. I don't know if I broke

740
00:54:54.920 --> 00:55:00.719
federalized other Brook state law. Um. I drove quickly out of the New

741
00:55:00.800 --> 00:55:04.400
York state and out of New Jersey
state into like the first hundred yards of

742
00:55:04.440 --> 00:55:09.800
Pennsylvania where you can purchase fireworks,
and I bought a bunch of those two

743
00:55:10.039 --> 00:55:15.199
shows to let off in an undisclosed
location which I will not tell anyone because

744
00:55:15.239 --> 00:55:19.559
it's illegal, and my mom hates
it and everyone hates that I do it,

745
00:55:19.599 --> 00:55:22.960
but I do it every year and
it's it's part of the thrill,

746
00:55:22.000 --> 00:55:27.119
as of course, is not getting
arrested. But I plan to show up.

747
00:55:27.360 --> 00:55:30.760
I plan to blame my nephew,
who's you know, strapping a seventeen

748
00:55:30.840 --> 00:55:36.639
year old football player but couldn't very
international waters. Yeah, I don't know.

749
00:55:36.639 --> 00:55:39.480
What's that buckley thing with a red
exactly. I wrote one of my

750
00:55:39.559 --> 00:55:43.639
columns this week for the newspaper I
had. I gave it over my dog

751
00:55:43.880 --> 00:55:46.719
to explain why fireworks are bad and
why we should stop doing them. And

752
00:55:46.960 --> 00:55:50.639
I thought, just for fun,
I'm going to use a photoshop Beta's new

753
00:55:50.679 --> 00:55:55.320
Generative AI to create a bug a
photo illustration of my dog to replace mine

754
00:55:55.360 --> 00:55:59.519
in the newspaper in the style of
the newspaper. And I did a really

755
00:55:59.559 --> 00:56:01.159
good job of it too, So
my dog is taking over to explain why

756
00:56:01.320 --> 00:56:06.079
Rob and his fireworks loving people are
the worst. I love them. I

757
00:56:06.360 --> 00:56:10.119
love them my neighbor actually does what
Rob does, but gets industrial grade stuff.

758
00:56:10.440 --> 00:56:15.280
So we have displays pretty good stuff
that are just extraordinary. But when

759
00:56:15.280 --> 00:56:17.920
it comes to the rest of it, I'm just going to throw some broads

760
00:56:19.000 --> 00:56:21.199
on the girls. And that's a
problem because I'm out of gas. So

761
00:56:21.239 --> 00:56:27.159
I'm looking at trichinosis here down the
line. Fourth of July. So soon,

762
00:56:27.280 --> 00:56:29.559
as my mother always said, after
this, it just seems like the

763
00:56:29.599 --> 00:56:32.719
summer's over runs through your fingers like
water. But she's wrong. Of course,

764
00:56:32.719 --> 00:56:36.880
We've got two big, stern,
brawny months standing in front of us

765
00:56:36.960 --> 00:56:39.599
before the fall. July is great, hot August, as we know,

766
00:56:39.760 --> 00:56:44.079
is this big bulwark against the fall, against the winter. Right, So

767
00:56:44.239 --> 00:56:49.000
I always think until the cicadas stopped
droning and I realized that it's getting cooler

768
00:56:49.079 --> 00:56:53.000
in the days are getting shorter.
But why why I think about that when

769
00:56:53.039 --> 00:56:58.199
we can luxuriate in three great victories
of the Supreme Court, a renewed sense

770
00:56:58.280 --> 00:57:01.519
of American optimism. The fourth of
July, as ever on, we mun

771
00:57:01.800 --> 00:57:05.639
muddle on, we go on west, ride on, we march, and

772
00:57:06.239 --> 00:57:09.199
we'll see everybody in the comments.
And Ricochet, I say, four point

773
00:57:09.239 --> 00:57:13.599
zero four now but five point is
right around the corner. You'll want to

774
00:57:13.880 --> 00:57:15.760
join now so you can get in
and the fun. Gentlemen, Happy fourth,

775
00:57:16.199 --> 00:57:27.559
Happy fourth Next week, boys,
Happy fourth of July. Ricochet join

776
00:57:27.639 --> 00:57:28.360
the conversation.

