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Speaker 1: What's going on? Thank you so much for listening to

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this podcast. It is heard live every day from noon

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smartphone or tablet. And again, thank you so much for

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your support. All right, so we have some more lawfair

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coming down the pike. Pipe, Pike, the pike. Yeah, I

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think it's the pike. This is from Oh this is

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regarding the tariffs, Okay, National Reviews David Zimmerman reports a

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dozen states are suing the Trump administration over the president's

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back and forth tariff policy, arguing the trade taxes on

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foreign imports are not only hurting the American economy, but

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are illegal. The federal lawsuit filed yesterday in the US

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Court of International Trade. What's the matter was? I don't understand.

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Was Judge Bosberg not available to hear this one too?

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Maybe they have to file it there. The lawsuit challenges

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President Donald Trump's use of the international Emergency Economic powers

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Act to impose sweeping tariffs. The White House invoked that

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law earlier this month to address the nation's large trade

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deficit created by unfair foreign trading practices, which the president.

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The president considers a national emergency. The twelve States argue

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that the President can only invoke the I e e.

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P A or the IEBA when a national emergency presents

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quote unusual and extraordinary threats from abroad. I said this

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from the very beginning that I thought this was a

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pretty weak excuse, Like I don't think you get to

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say just like I was critical of Roy Cooper, my

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good friend Ray when he was governor, and he would

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you know, he did the fake emergency declaration for school funding.

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Like you can't just say something is an emergency because

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you want to fund it more, or you want to

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change a policy, or you want to do something. You

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can't just say it's an emergency and then I get

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to do whatever I want. And I thought that was

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going to be a pretty shaky foundation upon which these

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actions were taken. And so now you have the lawsuit

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which says, by claiming the authority to impose immense and

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ever changing tariffs on whatever goods entering the United States,

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he chooses for whatever reason he finds convenient to declare

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an emergency. The president has upended the constitutional order and

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brought chaos to the American economy. They say that only

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Congress can grant the president the authority to implement tariffs.

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The state or states rather that joined the lawsuit. Spoiler alert,

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We're not on the list. We are not on the list.

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North Carolina not on the list. So Jeff Jackson, our

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attorney general, even though he's a Democrat, has not signed

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on to this. Maybe due to the North Carolina legislature.

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Did they pass the bill that prevents the attorney general

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from and from entering into lawsuits against like the federal government.

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There was a there was an effort to try to

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reign in this kind of behavior that was running rampant

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under Josh Stein and Roy Cooper. Here are the states Arizona, Coloradhido, Connecticut, Delaware, Illinois, Maine, Minnesota,

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a Nevada, New Mexico, New York, Oregon, and that powerhouse Vermont.

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All twelve states have Democrat attorneys general. The Republican president

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implemented a ninety day partial pause to give more than

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seventy five countries time to negotiate with the US on

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lowering tariffs. China is currently excluded from the negotiating table,

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although the Wall Street Journal has reported now that administration

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officials are considering cutting some of the one hundred and

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forty five percent tariffs on China, but no decision on

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that has been made. So what is at the heart

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here of the case is whether or not Congress gave

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the president this kind of sweeping power. Okay, because according

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to the lawsuit, Congress had grown troubled with the proliferation

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of EDS emergency declarations by what'd you think, I'm in

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emergency declarations? Yeah, So this was by the nineteen seventies.

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They were like, now, no more of these eds, you know,

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under laws like the Trading with the Enemies Act or

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the TWEA or the TWEA. Such laws were originally intended.

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This is from the filing, So this is the Democrat

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Attorney's General. Such laws were originally intended to lend the

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president special or heightened powers during times of crisis, but

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were ultimately used as shortcuts around peacetime constraints on the

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president's powers, which, by the way of course, it would

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be of course it would be used like that like this.

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This is the core understanding for limited government adherents such

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as myself. Right, we recognize government, like fire, is a

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useful servant and a fearful master. And the natural tendency

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of government, much like fire, is to spread. It's to

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take more and more liberty from the people and get

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involved in all these things. And that's why the founders

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set up a federalist model, was to pit these power

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hungry people that get into the positions against one another

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to protect their turf, their powers. And the thought was

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then that the people's liberties would be better protected by

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having different levels and branches of governments balancing each other

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out right, So presidents started using these laws in peacetime

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in ways that they were not intended to be used.

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So Congress recognized that the exception threatened to swallow the rule.

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As one House report on efforts to reform the Trading

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with the Enemies Act, the TWEA bestowed upon the president

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essentially an unlimited grant of authority for the president to

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exercise at his discretion broad powers in both the domestic

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and international economic arena without congressional review. One reform Congress

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made to curb the president's emergency powers was to then

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restrict the TWEA to its original purpose, limiting its application

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to quote times of war. At the same time, Congress

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enacted the IEEPA, which allowed the President to regulate imports

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and exports in response to certain non wartime emergencies, while

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stressing that the triggering event had to be an unusual

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and extraordinary threat. So the Attorney's General say, Thus, it

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is not enough that the President declare a national emergency

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under the National Emergencies Act, only those arising from unusual

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end extraordinary threats originating in whole or substantial part outside

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the United States. Only those kinds of threats unlock this

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grant of powers. Congress also subjected the president's authority to

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reporting requirements and reserved for itself the ability to terminate

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declared emergencies by joint resolution, so Congress can do something

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about this if it chooses. Not once, According to the

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filing the lawsuit, not once has any other president used

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the IEEPA to impose tariffs. In the nearly five decades

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since it was enacted, no other president has imposed tariffs

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based on the existence of any national emergency. Despite global

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anti narcotics campaign spearheaded by the US and long standing

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trade deficits. So this is the premise, the foundation of

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their case as to why the president's tariff maneuvers are

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not allowed under law. All right, So spring is here

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a time of renewal and celebrations. You've got graduations, weddings,

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family's making memories that are going to last a lifetime.

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But let me ask you, are all of those treasured

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moments from days gone by? Are they hidden away on

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old VCR tapes, eight millimeter films, photos slides? Are they preserved?

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Because over time, these precious memories can fade and deteriorate,

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losing the magic of yesterday. At Creative Video, they help

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details that create a video dot com. All right, So

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one other note here on the lawsuit by the Attorney's

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General against the Trump administration over the tariff situation. This

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is from John Sexton, writing at hot air dot com.

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He says, the bottom line is that the attorneys General

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want a court to rule the tariffs illegal and declare

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this a matter for Congress. Okay, If that happens, the

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current tariffs, at least the ones on our end would

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presumably vanish, along with any existing interest on the part

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of other countries that are negotiating new trade deals with

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the US. Doubt that sounds pretty pretty good to China

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right about now. Right other countries might also be tempted

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to wait it out and see if the Democrats can

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solve the problem for them. Right, when it comes to

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law fare, the obstruction is the objective. That's what we

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are witnessing.

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Speaker 2: Now.

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Speaker 1: You can say, and not incorrectly, that the lawsuits are

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in response to the flurry of executive orders and the

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things that the administration has been doing on this breakneck

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pace over the first one hundred days. And sure, sure,

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the administration's moving very quickly. They're doing lots of things,

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move fast, break stuff, right, But that also gives the

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left lots and lots and lots of opportunities to sue.

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And to be fair, it didn't matter really what did

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that the left would sue because the delaying of Trump's

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wins or policies or rollbacks of prior executive orders, right,

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the point is to delay, that's all. Now, I'm not

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sure Democrats have really thought all of this through with

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the lawsuits, because if we take as a premise, which

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let's just assume this to be the case, even if

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you don't agree, but this is one of the arguments

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that the tariff regime that Trump has rolled out and

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the response from the markets and other countries, right, it's

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caused this market turmoil and it's going to lead us

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into a recession or a depression or whatever. Like there

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are all these predictions of apocalypse. Let's assume that that's

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true for the sake of this argument. Let's assume that

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that's all true. If you're the Democrats, wouldn't you want

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that to start happening, and then Trump and the Republicans

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would be more easily defeated in the midterm elections, and

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a Republican if it's JD. Vance, for example, who runs

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in another three years for president, that he would be

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tagged with the apocalyptic economy as well. Or maybe they

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think that by filing the lawsuit, slowing everything down, get

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a couple of injunctions going, so stuff has to pause,

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create more uncertainty, and then even if you lose, by

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the time it all gets sorted out, you're half a

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year down the road or something, and you do see

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the economic damage done. Again, the premise of this scenario

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I'm laying out is that all of this results in

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economic catastrophe which we don't know. Like I said this

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the day Trump rolled these things out, well the day

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after when I got on the air and I said,

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and I have learned most For just as an aside here,

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most of my talk show host in career has been

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the Donald Trump era.

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Speaker 2: Right.

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Speaker 1: So I started as a host in like eighth nine,

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and so I got to ride out the whole Obama years.

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That was fun. But then Trump comes on the scene

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and now for the last and by the time he's

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out of office, right will have been he will have

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been part of the political scene for you know, over

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twelve years, and so that that's the bulk of my

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career as a host. And what I have learned, albeit

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a little late, which is to just wait and see,

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don't rush in to whatever the you know, the media

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narrative is of a particular day. You hear the initial

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story and oh, my gosh, did you hear what Trump did?

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Did you hear what he said? And you hear this

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sound bite and it's like, oh my gosh, he said

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good people on both sides. That sounds awful. And then

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you go back and listen to the full clip and

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it's like, oh, he didn't. He wasn't talking about the

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neo Nazis. They're like, what are you guys talking about?

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But had you gone out and taken the media story

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their preferred narrative, using their selectively edited sound bite, right,

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you would have been playing into their game. And so

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I have learned just wait, be a little patient, let's

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see what happens, and if stuff starts going sideways, then

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we can assess it at that point. But like, I'm

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not lighting my hair on fire based on lefty predictions

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of doom and gloom. So this is the latest in

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the Lawsuit front in the law Fair Front from the left.

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There was also the ruling we went over this the

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other day. Came out or not a ruling, but a

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The Supreme Court said that they were going to take

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up a case and they issued it in the middle

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of the night. The ACLU had petitioned them and they

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said they would take it. It was, you know, after midnight

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they sent down this ruling. We covered the details on this,

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and this has caused a lot of concern among the

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court watching crowd, one of whom is Harvard Law professor

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and constitutional scholar Adrian Vermule, who wrote a number of

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judges have seemingly adopted a constitutional meta principle, which is

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what a past president did, President Trump may not undo.

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What a past president did, President Trump may not undo.

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And that has been the case in Trump's first term

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and is the case now. The immigration issue is a

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perfect example of it in that. I mean, you can

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go back to the DACA stuff. You know, Obama does DACA,

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Trump tries to undo it. No, can undo it.

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Speaker 2: Right.

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Speaker 1: Trump wants to do bans on countries that are hostile

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to US. No, it's a Muslim ban. Can't do it.

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And remember the one out of Texas, where when Texas

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erected the razor wire fencing in order to protect its

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state from illegal immigration coming across, the Biden administration sued

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and said, you can't know. You got to do what

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we tell you to do. And then when Trump gets

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back in, then states are like, well, you can't tell

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us what to do anymore. See, so when the Democrats

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are in office, they get to rule with impunity. Joe

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Biden can forgive student loan debt and whatever, try to

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do it. He can basically adopt a constitutional amendment via

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tweet or try. Right, he gets to do these things.

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Trump comes in and says, no, we can't do that.

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Then no, sorry, you don't get to undo what another

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president did, even though he did it with an executive order,

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and Trump is trying to undo it with a similar

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executive order. Right. The border invasion is another, just the

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overall issue. Joe Biden opens up the gates, lets everybody

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in without any due process, right, just come on in.

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And now when the next president comes in and says, whoa, whoa, whoa,

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this was all illegal what you did. So now I'm

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going to tell people to get out. I'm going to

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remove them. Oh no, no, no, you can't do that.

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We have to afford them the due process that they

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did not go through to come in. We now have

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to provide them due process to get rid of them,

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which I think one estimate I saw was two hundred years.

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That's how long it would take to run everybody through

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essentially a trial, which is what now the left is demanding,

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which is just absurd. Right, immigration proceedings are not criminal

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court trials. They are not. They're different processes. And you

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know who knows that best of all, our own Sheriff

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Gary not my fault, McFadden. He's always talking about how

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there's no criminal warrant from a judicial officer and all

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of this stuff. He's aware of that. Yet yet now

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we're supposed to believe that there needs to be like

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a full on, you know, jury trial to deport any

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single person, which is absurd and that has never been

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the case. Here's a great idea. How about making an

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escape to a really special and secluded getaway in western

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North Carolina. Just a quick drive up the mountain and

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cabins of Asheville is your connection. Whether you're celebrating an anniversary,

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a honeymoon, maybe you want to plan a memorable proposal,

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or get family and friends together for a big old

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reus union. Cabins of Ashville has the ideal spot for

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you where you can reconnect with your loved ones and

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the things that truly matter. Nestled within the breath taking

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fourteen thousand acres of the Pisga National Forest, their cabins

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offer a serene escape in the heart of the Blue

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Ridge Mountains. Centrally located between Asheville and the entrance of

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the Great Smoky Mountain National Park. It's the perfect balance

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of seclusion and proximity to all the local attractions with

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hot tubs, fireplaces, air conditioning, smart TVs, Wi Fi grills,

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outdoor tables and your own private covered porch. Choose from

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thirteen cabins, six cottages, two villas, and a great lodge

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with eleven king sized bedrooms. Cabins of Ashville has the

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is to offer at Cabinsofashville dot com and make memories

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that'll last a lifetime. Let's talk with Travis. Now, Hello Travis,

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welcome to the program.

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Speaker 2: Wow, Pete, that was a content heavy news break there

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that I just said, well, you're welcome in the Supreme Court.

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And then that tiny space rocket that sounded like the

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cut down to Thunderbirds in the opening. Anyway, with the

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the invocation of APA, I hope I'm pronouncing that correctly,

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I think, yeah, yeah, is what you've been talking about

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that the solution kind of provides an outline for what

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the emergency was. Right. So if I tell you my

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house is on fire and you go, oh, no, that's

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a terrible emergency. You've got to call somebody, I go,

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don't worry, I already called my cable provider and goes, Okay, well,

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I guess the emergency is that your house be on

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fire is a threat to your cable service. Right. So

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if we say that these tariffs are a response to

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an emergency, then is then I say, well, the solution

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to that emergency could be repatriation of American jobs, It

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could be rewriting trade agreement, it could be isolating China.

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I think the best way forward is for Donald Trump

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to pick one and then go to Congress and say

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take action to solidify these tams because I want to

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accomplish still in the blank, right, and that we could

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do the way to this lawfare.

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Speaker 1: Right. Well, So I think there's a fundamental fatal flaw

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in this idea of yours, which is it would require

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that Congress actually do something. That's the problem. Thanks all right, Travis,

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I appreciate it now, and that like that, I mean,

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I gave the rim shot there, but it is true,

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like this is the This is the problem is that

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whatever any president has been doing, Trump or Biden or Obama,

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they increasingly rely on these executive orders, and in doing so,

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they're cutting out Congress and the founders. When they set

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up the federalist model, as I went over earlier, you've

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they had this idea that you would have these different

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branches that would be protective of their power. But they

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could not have foreseen the importance of the thirty second

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TikTok viral clip. How could they? And they and so

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now you've got members of Congress that are not actually

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interested in governing and writing legislation and going to committee

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meetings and actually having to you know, read through bills

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and you know, stuff like that's just so boring. I

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would rather go down to the well of the chamber

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and make a speech that nobody is there to see

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or hear except the poor you know, clerk or whoever

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it is that's running the you know, running the meeting,

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and they got to sit there and listen to, you know,

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a Senate speech to an empty chamber, and then you

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isolate some portion of that speech and you blast it

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out and you say, give me ten dollars so I

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can keep doing more of this fighting the people that

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you don't like. You know, and if you know anything

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about like the life of a member of Congress, most

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of their time is spent fundraising. They have to kick

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up a ton of money to the national parties, so

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they're constantly raising money that yes, they get to keep some,

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but they also have to you know, pay the tribute

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to the party so the party can then use that

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to help other candidates win election. And that's the whole idea.

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But so much of their time is eaten up by fundraising,

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and they don't want to so they don't want to

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do their jobs. They don't want to sit through the

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committee meetings. That's why you end up with these members

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of Congress sitting up there at the hearings, reading prepared

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questions from some staffer that probably outsourced the you know,

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the information gathering process to Twitter. You know, that's how

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you end up with Mazie Herono. Okay, I was thinking

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of her specifically, but it's true. So that was sort

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of the The blind spot I think that the founders

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had was that they never anticipated that these members of Congress,

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their incentives would be aligned towards not doing stuff right.

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They expected the House to move quickly on things. They

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expected the Senate, with the longer terms but also representing

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states' interests, to be protective of the states. So they

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expected the Senate to you know, slow things down, to

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cool the hot issues coming out of the House. But

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when neither chamber cares very much to do the work

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of legislating because their real power is derived someplace else,

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then they won't do it, and you end up with

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a president that just does executive orders which can then

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be undone. And then the left is now saying, oh,

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you can't undo these. We're going to assue you if

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you try to undo them for whatever reason you've come

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up with. That's the constitutional crisis. In my opinion. The

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judiciary has got to do something. I've been saying this

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for a couple of weeks now. The Supreme Court needs

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to reign in their judges. Sam Alito made a reference

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to it in the recent dissenting opinion that he put

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out with the Supreme Court agreeing to take up the

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temporary injunction, a nationwide injunction, and it's not going to

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stop until the Supreme Court puts a stop to it

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or Congress does. And see my previous comments moments ago

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about Congress. I don't think that's happening. So the Supreme

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Court's got to do something. And this Harvard law professor

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Adrian Vermule, writing on Friday after the District Court judge

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issued yet another lawless nationwide injunction meant to handcuff Trump

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and halt his agenda. It's a criticism the Supreme Court

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and particularly Chief Justice John Roberts, must take too heart,

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writes Glenn Reynolds. Glenn Reynolds is a professor of law

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at the University of Tennessee, and he is the founder

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of instapundit dot com, sort of the Granddaddy of blogs.

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One of the hallmarks of John Roberts's term, he says,

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has been an overweening desire to guard the judicial branch's

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quote legitimacy. But Roberts seems oblivious to the fact that

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the biggest threat to the Court's legitimacy comes from the

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courts themselves, and also his desire to preserve the judiciary

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standing with a small circle of Washington and academic insiders.

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We saw it as far back as twenty twelve when

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Roberts switched sides in the case against Obamacare at the

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very last minute. He was afraid that striking down the

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unprecedented bill would upset the DC apple cart and harm

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the Court's legitimacy. And that's how you ended up with

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that bizarre ruling. You know that it's the tax isn't

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a tax if we can call it a fee, and

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fees aren't taxes except when they are. It was just absurd,

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all right. If you're listening to this show, you know

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00:28:57,359 --> 00:28:59,319
I try to keep up with all sorts of current events,

420
00:28:59,359 --> 00:29:01,200
and I know you do you too, And you've probably

421
00:29:01,240 --> 00:29:05,559
heard me say get your news from multiple sources. Why well,

422
00:29:05,559 --> 00:29:08,279
because it's how you detect media bias. Which is why

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00:29:08,319 --> 00:29:11,519
I've been so impressed with ground News. It's an app

424
00:29:11,720 --> 00:29:14,920
and it's a website and it combines news from around

425
00:29:14,960 --> 00:29:17,359
the world in one place, so you can compare coverage

426
00:29:17,599 --> 00:29:20,319
and verify information. You can check it out at check

427
00:29:20,559 --> 00:29:24,799
dot ground, dot news slash pete. I put the link

428
00:29:24,799 --> 00:29:27,920
in the podcast description too. I started using ground News

429
00:29:27,960 --> 00:29:30,680
a few months ago and more recently chose to work

430
00:29:30,680 --> 00:29:32,720
with them as an affiliate because it lets me see

431
00:29:32,759 --> 00:29:36,599
clearly how stories get covered and by whom. The blind

432
00:29:36,640 --> 00:29:39,400
spot feature shows you which stories get ignored by the

433
00:29:39,519 --> 00:29:43,200
left and the right. See for yourself. Check dot ground,

434
00:29:43,400 --> 00:29:47,079
dot news slash pete. Subscribe through that link and you'll

435
00:29:47,079 --> 00:29:50,279
get fifteen percent off any subscription. I use the Vantage

436
00:29:50,279 --> 00:29:53,759
plan to get unlimited access to every feature. Your subscription

437
00:29:53,880 --> 00:29:56,559
then not only helps my podcast, but it also supports

438
00:29:56,599 --> 00:29:59,839
ground News as they make the media landscape more transparent.

439
00:30:00,720 --> 00:30:07,920
Glenn Reynolds aka Instapundit, founder of the instapundit dot com blog.

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00:30:08,119 --> 00:30:10,759
He's also a professor of law at the University of Tennessee.

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00:30:11,200 --> 00:30:14,039
He has a piece at The New York Post titled

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00:30:14,119 --> 00:30:20,240
Alito's right to Warn. Alito is correct to warn the

443
00:30:20,319 --> 00:30:24,319
Court's knee jerk habit of slapping Trump will cost it

444
00:30:24,599 --> 00:30:29,680
dearly and he's taking aim, particularly at the Chief Justice

445
00:30:29,759 --> 00:30:33,599
John Roberts, who seems, he says, less concerned with preserving

446
00:30:33,640 --> 00:30:37,920
the Court's legitimacy in the eyes of America's citizens and

447
00:30:38,039 --> 00:30:40,480
more with the views of the editorial pages of The

448
00:30:40,519 --> 00:30:44,079
New York Times in the Washington Post, plus some Ivy

449
00:30:44,160 --> 00:30:50,119
League law professors whose school's decaying reputations should give him pause.

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00:30:51,279 --> 00:30:58,599
In other words, he's putting his peers' opinion above the

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00:30:58,599 --> 00:31:04,559
citizen's opinion and above legitimacy because the legitimacy of the

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00:31:04,599 --> 00:31:12,279
Court is not solely vested in the opinions of his peers.

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The legitimacy, the legitimacy of the Court is also due

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00:31:17,839 --> 00:31:23,559
to our opinions. There's a reason why I call them

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00:31:23,599 --> 00:31:28,880
lawyers with a wardrobe change, right, because oftentimes that's how

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00:31:28,880 --> 00:31:32,559
they behave They're not doing the thing that I was

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00:31:32,640 --> 00:31:35,720
led to believe for most or maybe half of my life,

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that they were supposed to be doing. That They set

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00:31:38,759 --> 00:31:41,319
these things aside. They act in a certain way. They

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look at the law, how it applies to this case, whatever.

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But when I when I look around and I see,

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00:31:49,599 --> 00:31:53,920
you know, forum shopping, venue shopping, which is Judge shopping.

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00:31:55,799 --> 00:31:55,960
Speaker 2: Right.

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Speaker 1: There's a reason why that happens. There's a reason why

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when you look at the Supreme Court makeup, you know

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which way judges are going to rule on certain cases

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based on their political affiliation, based on who nominated and

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00:32:10,720 --> 00:32:15,680
appointed them, right, And so the legitimacy of the court

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00:32:15,880 --> 00:32:19,839
is rooted in public opinion. And when the public sees

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00:32:19,880 --> 00:32:23,960
you doing these things, it then questions whether or not

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you are actually calling balls and strikes, to quote John Roberts, right,

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whether you are engaging in impartial jurisprudence. Reynolds goes on

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to say, now, the flurry of lower court interference is

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reaching crisis proportions. And it's not just Reynolds who is

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00:32:43,319 --> 00:32:48,119
saying that. The Harvard law professor and constitutional scholar Adrian

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00:32:48,279 --> 00:32:53,119
Vermule says it too. The prime issue, among others is

477
00:32:53,160 --> 00:32:57,079
the illegal and yes, it was illegal. It was contrary

478
00:32:57,160 --> 00:33:01,680
to the statutes on the books, the legal Biden administration

479
00:33:01,880 --> 00:33:07,519
policy to admit millions of unvetted migrants into the country

480
00:33:07,680 --> 00:33:14,079
and to allow them to stay here. Right. When I've

481
00:33:14,079 --> 00:33:19,759
covered this extensively over the last what year. Alejandro Mayorcis,

482
00:33:19,839 --> 00:33:25,440
Department of Homeland Security Secretary under Joe Biden. He threw

483
00:33:25,480 --> 00:33:28,720
open the gates, and he did it with the app

484
00:33:29,640 --> 00:33:31,880
and he allowed people to come in and get quote

485
00:33:31,920 --> 00:33:36,799
unquote parole despite the fact that the law says he

486
00:33:36,960 --> 00:33:42,319
is not allowed to do a blanket parolling program. The

487
00:33:42,400 --> 00:33:47,720
law says you have to do individual decisions for these

488
00:33:47,759 --> 00:33:51,920
parole applicants, and he did not do that. They did

489
00:33:52,000 --> 00:33:55,279
not weigh somebody's history. They did not weigh their claims

490
00:33:55,359 --> 00:33:58,680
that they had to be allowed into the country due

491
00:33:58,720 --> 00:34:04,400
to you know, threats of murder and harassment or what, torture, imprisonment, whatever.

492
00:34:04,799 --> 00:34:07,640
They didn't weigh these cases individually. They just let everybody

493
00:34:07,680 --> 00:34:12,239
come click a couple buttons on an app and then

494
00:34:12,239 --> 00:34:14,960
they got to stay. And then when the next guy

495
00:34:15,000 --> 00:34:17,039
comes in and says, hey, heads up, if you came

496
00:34:17,039 --> 00:34:20,400
in under this program, we're sending you back. Oh no, no,

497
00:34:20,400 --> 00:34:24,280
now we have to do the individual assessments. Well, but

498
00:34:24,320 --> 00:34:26,840
you didn't do it on the way in. You How

499
00:34:26,880 --> 00:34:30,880
do you respond to this, right? How does an administration,

500
00:34:31,719 --> 00:34:37,880
even if it had the congressional authority, right, just set

501
00:34:37,920 --> 00:34:42,800
all the legal issues aside, Even if Congress said that okay, yeah,

502
00:34:42,880 --> 00:34:44,840
now you've got to go through this quote due process.

503
00:34:44,880 --> 00:34:47,199
You have to have everybody go through their own trial

504
00:34:47,320 --> 00:34:50,440
or something. But they didn't come in the correct way.

505
00:34:51,679 --> 00:34:54,800
It wasn't done correctly on the front end. So now

506
00:34:54,840 --> 00:34:57,679
everybody gets to take advantage of that part of the law.

507
00:34:57,679 --> 00:35:00,239
We get to follow that part of the law only

508
00:35:00,239 --> 00:35:06,519
because it's Stemy's Trump's efforts. This all came to a

509
00:35:06,559 --> 00:35:10,039
head early Saturday. John Roberts and six of his colleagues

510
00:35:10,119 --> 00:35:14,320
stepped in to temporarily uphold a lower court opinion interfering

511
00:35:14,360 --> 00:35:18,880
with Trump's deportations. The Supremes acted one sidedly and with

512
00:35:19,079 --> 00:35:24,320
untoward swiftness to block the president. It's not clear that

513
00:35:24,519 --> 00:35:28,199
justices had any actual jurisdiction to rule in this case

514
00:35:28,320 --> 00:35:33,440
at all, which is what sam Alito pointed out, right,

515
00:35:33,519 --> 00:35:37,559
So you have the jurisdiction question, and then you also

516
00:35:37,639 --> 00:35:43,840
have the speed at which they issued it. They leapfrogged

517
00:35:44,039 --> 00:35:47,119
the lower court, which was apparently drafting its own response

518
00:35:47,360 --> 00:35:50,119
to the appeal. But then the ACLU went around them,

519
00:35:50,639 --> 00:35:53,559
and the Supremes said, yeah, we'll take it from here,

520
00:35:54,719 --> 00:35:59,639
issuing it on like the Saturday night before Easter Sunday.

521
00:36:00,199 --> 00:36:05,599
From excessively easy forum shopping like how DC District Judge

522
00:36:05,679 --> 00:36:09,440
James Boseberg and others seem to get quote randomly assigned

523
00:36:09,480 --> 00:36:13,400
to an awful lot of high profile cases lately. Right, So,

524
00:36:13,519 --> 00:36:19,159
from forum shopping to intemperate language, rushed rulings, and to

525
00:36:19,360 --> 00:36:24,000
palpable hostility to Trump, the judiciary does not seem to

526
00:36:24,039 --> 00:36:28,639
be calling balls and strikes. Instead, it's giving the impression

527
00:36:29,199 --> 00:36:34,800
of going to bat for one team. Now, this has

528
00:36:34,840 --> 00:36:39,000
played very well with the legacy media, right, and that's

529
00:36:39,199 --> 00:36:44,480
apparently whose opinion John Roberts views as legitimate. But it

530
00:36:44,519 --> 00:36:46,960
doesn't look so good to a lot of other people,

531
00:36:48,119 --> 00:36:52,480
and their opinions matter too, He says, by design and

532
00:36:52,559 --> 00:36:55,800
for good reason, the courts are insulated from the daily

533
00:36:56,000 --> 00:37:00,599
ebb and flow of politics. But they are in and

534
00:37:00,719 --> 00:37:05,639
can't be, and shouldn't be entirely insulated from the tides

535
00:37:05,719 --> 00:37:10,880
of public opinion. Right, that's what gives the court legitimacy.

536
00:37:10,920 --> 00:37:14,519
That people say, I may not agree with that, but

537
00:37:14,559 --> 00:37:18,159
they got there the correct way, right, they followed a process.

538
00:37:18,199 --> 00:37:22,599
They're citing these laws, right, But people don't believe that. Now,

539
00:37:23,039 --> 00:37:26,559
that's why opinion in the Supreme Court has been on

540
00:37:26,599 --> 00:37:30,440
the decline, and Roberts keeps clutching harder and harder to

541
00:37:30,480 --> 00:37:33,239
try to hold on to it, and it's just it's

542
00:37:33,360 --> 00:37:37,679
just sifting through his fingers. All right. That'll do it

543
00:37:37,719 --> 00:37:40,320
for this episode. Thank you so much for listening. I

544
00:37:40,400 --> 00:37:42,480
could not do the show without your support and the

545
00:37:42,519 --> 00:37:45,559
support of the businesses that advertise on the podcast, so

546
00:37:45,639 --> 00:37:47,719
if you'd like, please support them too and tell them

547
00:37:47,760 --> 00:37:49,719
you heard it here. You can also become a patron

548
00:37:49,760 --> 00:37:54,000
at my Patreon page or go to thepetekaalanershow dot com. Again,

549
00:37:54,239 --> 00:37:56,760
thank you so much for listening, and don't break anything

550
00:37:56,800 --> 00:38:02,000
while I'm gone.