1 00:00:04,879 --> 00:00:07,160 Speaker 1: What's going on? Thank you so much for listening to 2 00:00:07,200 --> 00:00:09,640 this podcast. It is heard live every day from noon 3 00:00:09,679 --> 00:00:12,519 to three on WBT Radio in Charlotte. And if you 4 00:00:12,560 --> 00:00:16,719 want exclusive content like invitations to events, the weekly live stream, 5 00:00:16,760 --> 00:00:18,719 my daily show prep with all of the links, become 6 00:00:18,719 --> 00:00:22,359 a patron, go to thepeakclendarshow dot com. Make sure you 7 00:00:22,440 --> 00:00:24,920 hit the subscribe button. Get every episode for free right 8 00:00:24,960 --> 00:00:27,320 to your smartphone or tablet, And again, thank you so 9 00:00:27,399 --> 00:00:28,320 much for your support. 10 00:00:28,600 --> 00:00:31,440 Speaker 2: Well'd like to welcome our first guest to the airwaves 11 00:00:31,600 --> 00:00:34,600 this morning, ap Dyllon from the North State Journal. She 12 00:00:34,640 --> 00:00:38,560 also has her own Substackapdilon dot substack dot com, joins 13 00:00:38,640 --> 00:00:41,640 us on the Peak Calendar Show. Ap, thanks for joining us. 14 00:00:41,960 --> 00:00:46,920 You've got an interesting article over on your substack this morning. 15 00:00:46,960 --> 00:00:51,960 The headline there new memo for Democrats outlines words to avoid. 16 00:00:52,359 --> 00:00:58,159 Tell us a little bit about that. What's going on there? Hey, Pe, 17 00:00:58,280 --> 00:01:02,359 we gotcha? Yep, I'm doing great texts for the time. Bo, 18 00:01:02,439 --> 00:01:04,159 tell us a little bit about this headline. What's going 19 00:01:04,200 --> 00:01:04,599 on here? 20 00:01:05,239 --> 00:01:08,359 Speaker 3: Okay? Well, over the last six months or so, there's 21 00:01:08,480 --> 00:01:13,000 been a couple think tank outlets that have disseminated analysis 22 00:01:13,000 --> 00:01:15,239 memos of why they lost the twenty twenty four election, 23 00:01:16,159 --> 00:01:19,400 why their why voters are not registering as Democrats, they're 24 00:01:19,480 --> 00:01:22,959 registering more as Republicans. And one of them, one of 25 00:01:22,959 --> 00:01:26,439 those outlets, is called third Way. Politico described them as 26 00:01:26,480 --> 00:01:29,799 a centrist democratic think tank, and they laid out a 27 00:01:29,840 --> 00:01:31,640 couple of memos like this earlier this year. Well, they're 28 00:01:31,680 --> 00:01:35,560 back with a new memo that that's called It's settled 29 00:01:35,640 --> 00:01:39,879 with it something I've said, and it's a memo to 30 00:01:39,959 --> 00:01:43,799 all who wish to stop Donald Trump and MAGA. So 31 00:01:43,879 --> 00:01:47,719 it goes on to talk about language, specifically telling Democrats 32 00:01:47,799 --> 00:01:50,879 not to use certain words that they've been using for years, 33 00:01:50,920 --> 00:01:57,120 which have arguably said their their losses. Basically, it's telling 34 00:01:57,120 --> 00:02:00,560 them not to use things that are extreme, divisive, elitists 35 00:02:00,640 --> 00:02:05,280 or abuse, I'm sorry you stort, I can't even speak today, 36 00:02:06,359 --> 00:02:10,360 or that OPTU skates anything that might be you know, 37 00:02:10,520 --> 00:02:14,039 considered to be woke. But would I say if I 38 00:02:14,080 --> 00:02:16,400 could talk today? So, you know, it goes on to 39 00:02:16,439 --> 00:02:22,080 talk about different topics, different areas. One example was therapy speak, 40 00:02:23,800 --> 00:02:26,479 which third Way explains that these are words that say 41 00:02:26,520 --> 00:02:29,800 I'm more empathetic than you and you're callous and are 42 00:02:29,879 --> 00:02:35,439 hurting other people's feelings, and it colluds things like triggering microaggressions, 43 00:02:35,879 --> 00:02:39,759 safe spaces, holding spaces, body shaming, that kind of thing, 44 00:02:40,319 --> 00:02:42,759 and it tells them to be aware of proliferating in 45 00:02:43,000 --> 00:02:46,560 these terms in elite circles. It has a closed off 46 00:02:46,599 --> 00:02:49,719 connotation and conversations and can make it uncomfortable for many 47 00:02:49,719 --> 00:02:53,439 people to engage in hard topics. So it goes on 48 00:02:53,560 --> 00:02:56,599 from there. I mean, it's got things like, you know, 49 00:02:56,719 --> 00:03:02,520 racial constructs, explaining way crime, gender orientation correctness, you know, 50 00:03:02,599 --> 00:03:06,319 the whole dead naming and cis gender language that's in there, 51 00:03:06,840 --> 00:03:09,240 and it's basically telling Democrats you should be avoiding these 52 00:03:09,240 --> 00:03:12,039 things in order to sound like you're more mainstream. 53 00:03:13,080 --> 00:03:15,800 Speaker 2: You know, AP I hear you, I read I reader 54 00:03:16,039 --> 00:03:18,280 your story over on your sub stack, and I think 55 00:03:18,280 --> 00:03:20,639 there's a lot of truth to what's being said there. 56 00:03:20,680 --> 00:03:22,479 I'm not sure if you caught this clip. This is 57 00:03:22,520 --> 00:03:25,439 from just a couple of hours ago, earlier this morning 58 00:03:25,680 --> 00:03:30,680 in Minneapolis, Minnesota, the Democrats are meeting for their summer meeting. 59 00:03:30,719 --> 00:03:33,319 The RNC had theirs last week. I like to play 60 00:03:33,319 --> 00:03:35,360 for you the opening of this meeting and we'll see 61 00:03:35,360 --> 00:03:37,800 if it lines up with some of this analysis from 62 00:03:37,800 --> 00:03:38,599 these think tanks. 63 00:03:39,840 --> 00:03:44,360 Speaker 4: Good morning, DNC members, friends and relatives. Let's talk about 64 00:03:44,360 --> 00:03:49,080 the land for a second. The DNC acknowledges and honors 65 00:03:49,199 --> 00:03:52,960 the Dakota Yata, the Dakota people who are the original 66 00:03:53,000 --> 00:03:56,199 stewards of the lands and waters of Minneapolis. The Dakota 67 00:03:56,240 --> 00:03:58,879 cared for the lands, lakes and the Wakatanka, the Great 68 00:03:58,960 --> 00:04:04,159 River the Mississippi for thousands of years before colonization. This 69 00:04:04,319 --> 00:04:06,680 land was not cleaned or traded. It's a part of 70 00:04:06,719 --> 00:04:10,240 a history of broken treaties and promises, and in many 71 00:04:10,240 --> 00:04:12,879 ways we still live in a system built to suppress 72 00:04:13,120 --> 00:04:15,879 indigenous people's cultural and spiritual history. 73 00:04:16,279 --> 00:04:18,959 Speaker 2: Well there you go, ap, So, I guess maybe the 74 00:04:19,199 --> 00:04:22,759 Democrat National Committee not necessarily getting some of these talking 75 00:04:22,839 --> 00:04:26,600 points as they are talking about the indigenous land in Minneapolis, 76 00:04:26,639 --> 00:04:29,720 Minnesota being stolen. What do you make of that? 77 00:04:31,319 --> 00:04:34,199 Speaker 3: That's actually par for the course. In the North Carolina 78 00:04:34,199 --> 00:04:37,600 Democratic Parties set of resolutions that they adopted at their 79 00:04:37,639 --> 00:04:42,079 meeting earlier this year had a land acknowledgment and as well. So, 80 00:04:42,399 --> 00:04:45,480 I guess these things are sort of they've become a 81 00:04:45,480 --> 00:04:47,160 little bit of a butt of a joke, you know, 82 00:04:47,519 --> 00:04:52,720 of things that you can expect. The Third Way article 83 00:04:52,839 --> 00:04:58,000 basically closes out by saying that you know it's to 84 00:04:58,079 --> 00:05:00,319 someone up says, you can think about all these things, 85 00:05:00,360 --> 00:05:02,040 but just don't say them out loud or you'll scare 86 00:05:02,079 --> 00:05:02,839 the normies away. 87 00:05:03,720 --> 00:05:05,680 Speaker 2: Well, I mean, I think there's some truth to that. 88 00:05:05,720 --> 00:05:07,920 Ap I've been talking about this in my podcast over 89 00:05:07,959 --> 00:05:09,959 the last couple of months, and I've described it as 90 00:05:10,040 --> 00:05:13,120 kind of an internal turf war that's going on in 91 00:05:13,120 --> 00:05:17,040 the Democrat Party. You've got some presumably from some of 92 00:05:17,079 --> 00:05:20,759 these think tanks that are writing these reports saying, hey, guys, 93 00:05:21,040 --> 00:05:23,920 this stuff is not very popular with the electorate. We've 94 00:05:23,920 --> 00:05:27,160 got to not be talking about this stuff publicly. Then 95 00:05:27,240 --> 00:05:29,360 on the other side of it, you've got this very 96 00:05:29,399 --> 00:05:33,120 activist wing of the Democrat Party that seemingly is oblivious 97 00:05:33,160 --> 00:05:35,759 to the fact that this is killing them in elections. 98 00:05:36,800 --> 00:05:39,439 Speaker 3: Yeah, no, it is. And it's also killing them in registrations, 99 00:05:39,519 --> 00:05:42,680 as in New York Times laid out in an article 100 00:05:42,839 --> 00:05:46,720 just late last week over the weekend, you know, Democrats 101 00:05:47,000 --> 00:05:50,639 voter their share a voter registration is declined dramatically between 102 00:05:51,319 --> 00:05:54,120 you know, just where it was a couple of years ago, 103 00:05:54,279 --> 00:05:57,600 in twenty twenty one, twenty twenty two, into twenty twenty five. 104 00:05:58,040 --> 00:06:01,319 It's but on a downward directory actally since in twenty nineteen, 105 00:06:02,439 --> 00:06:05,839 with a few plateaus in there. But the Republicans have 106 00:06:05,560 --> 00:06:08,680 had the opposite. They had a bump in twenty twenty, 107 00:06:08,920 --> 00:06:11,199 they dropped in twenty twenty one, and they've steadily made 108 00:06:11,279 --> 00:06:13,800 climbs ever since, hitting a high in twenty twenty four. 109 00:06:14,519 --> 00:06:16,920 So it's and it's the same thing here going on 110 00:06:17,000 --> 00:06:20,360 in North Carolina. You know, we're a battleground state and 111 00:06:20,399 --> 00:06:23,519 it's looking like, you know, by early maybe spring of 112 00:06:23,519 --> 00:06:28,000 twenty twenty six, that the Republican Party will overtake Democrats 113 00:06:28,120 --> 00:06:32,480 as the largest party in the state. You know, unaffiliateds 114 00:06:32,519 --> 00:06:34,399 of course would be the largest share in the state 115 00:06:35,120 --> 00:06:39,160 aside from the parties. That's typical. But that registration trend 116 00:06:39,199 --> 00:06:41,759 has continued for months and months and months now, and 117 00:06:42,120 --> 00:06:46,319 there's been no answer from the Democratic Party over that. So, 118 00:06:46,439 --> 00:06:48,759 you know, they they seem to be dropping f bombs 119 00:06:48,800 --> 00:06:50,959 and in all kinds of language all over the place, 120 00:06:50,959 --> 00:06:53,000 and it's not really helping them to look like they're 121 00:06:53,040 --> 00:06:55,079 actually doing something for the American people. 122 00:06:55,839 --> 00:06:58,399 Speaker 2: We're joined this afternoon by ap Dyllan. She's a reporter 123 00:06:58,519 --> 00:07:00,680 over at the North State Journal. He also has a 124 00:07:00,720 --> 00:07:03,680 substack called more to the Story at ap Dylan dot 125 00:07:03,759 --> 00:07:06,720 substack dot com. Ap Do you think some of this 126 00:07:06,800 --> 00:07:09,199 has to do with the fact that Republicans, at least 127 00:07:09,279 --> 00:07:11,800 as of right now have a face of the movement 128 00:07:12,000 --> 00:07:15,360 in Donald Trump versus the Democrats where things are a 129 00:07:15,399 --> 00:07:17,759 little bit scattered right now. We know Gavin Newsom of 130 00:07:17,839 --> 00:07:21,000 course is making his political power play out in California, 131 00:07:21,240 --> 00:07:23,680 but then you've got Bernie Sanders and AOC flying private 132 00:07:23,720 --> 00:07:27,000 jets all over the country talking about stopping the oligarchy. 133 00:07:27,040 --> 00:07:29,319 Do you think it's maybe because there's no strong leader 134 00:07:29,399 --> 00:07:32,279 really pulling the party together that some of these issues 135 00:07:32,279 --> 00:07:33,040 are taking place. 136 00:07:33,720 --> 00:07:36,519 Speaker 3: Well, I think that's definitely part of the problem. I 137 00:07:36,560 --> 00:07:40,800 think that it really came to a head when the 138 00:07:40,839 --> 00:07:44,759 Democratic Party put Kamala Harrison should They installed her basically 139 00:07:45,079 --> 00:07:48,040 as the candidate, and they raised, you know, all the 140 00:07:48,079 --> 00:07:51,720 primary voters who put Joe Biden up there. That was 141 00:07:52,199 --> 00:07:53,759 just sort of where it came to a head. But 142 00:07:53,800 --> 00:07:56,360 I think it had been coming to that direction for a while, 143 00:07:56,360 --> 00:08:00,680 where more and more people were seeing the Demomocrats is 144 00:08:00,759 --> 00:08:03,879 stepping further and further to the left while they were 145 00:08:03,920 --> 00:08:07,240 still staying right where they were and being attacked for it, 146 00:08:07,279 --> 00:08:10,680 so they started shifting a little bit more to the right. Then. 147 00:08:10,720 --> 00:08:13,040 I think that Donald Trump is his second term here. 148 00:08:13,079 --> 00:08:16,800 He just doesn't care. He doesn't care what anyone thinks. 149 00:08:16,560 --> 00:08:18,879 He's going in there and he's doing his agenda the 150 00:08:18,920 --> 00:08:21,600 way he wants to do it, and whether you like 151 00:08:21,680 --> 00:08:24,519 it or hate it, that's some pretty bold leadership going 152 00:08:24,519 --> 00:08:26,480 on there, and it's emboldened people to say, you know what, 153 00:08:26,519 --> 00:08:28,920 I'm not going to take up that's garbage anymore. I'm 154 00:08:28,959 --> 00:08:30,279 not going to be called a big anymore. I'm not 155 00:08:30,279 --> 00:08:32,919 going to let you cancel me anymore. And that's you know, 156 00:08:33,000 --> 00:08:35,559 we had years and years and years of that heading 157 00:08:35,600 --> 00:08:38,200 into the twenty twenty four election. I think people that 158 00:08:38,279 --> 00:08:40,679 was a good reason why people were fed up. They 159 00:08:40,679 --> 00:08:43,080 weren't hearing what they needed for their everyday needs from 160 00:08:43,080 --> 00:08:47,039 the Democrats. They were hearing what the Republicans saw happening 161 00:08:47,080 --> 00:08:49,879 and would do about it. And in this last eight months, 162 00:08:49,919 --> 00:08:54,279 Donald Trump is he's gone crazy. He's absolutely ramped up 163 00:08:54,320 --> 00:08:57,720 every single promise that he's made and he's doing, he's 164 00:08:57,759 --> 00:09:02,440 making good on them, and that's created these protests, you know, 165 00:09:02,480 --> 00:09:04,840 the fifty to fifty one protests and that sort of 166 00:09:04,879 --> 00:09:07,720 thing where they're literally protesting good things that are happening, 167 00:09:08,120 --> 00:09:11,639 you know, you know, reducing crime, securing the border, you know, 168 00:09:11,759 --> 00:09:15,799 trying to get our business partners and our trade partners 169 00:09:15,840 --> 00:09:17,960 internationally to come to the table and to give us 170 00:09:17,960 --> 00:09:20,759 a fair shake on trade deals. I mean, he's doing 171 00:09:20,759 --> 00:09:24,679 all these things, and you know, it's resulted in protests 172 00:09:24,679 --> 00:09:26,679 from the left. And I think the average American is 173 00:09:26,720 --> 00:09:29,840 looking at that saying, wait, what, you cannot like the guy, 174 00:09:29,879 --> 00:09:32,519 but if he's doing good things, then you know, you 175 00:09:32,559 --> 00:09:34,000 can't necessarily protest that. 176 00:09:34,919 --> 00:09:36,559 Speaker 2: Hey, pee, let me ask you this as we round 177 00:09:36,559 --> 00:09:39,000 out the conversation this afternoon. One of the big problems 178 00:09:39,000 --> 00:09:41,759 that I see the Democrat Party facing is the loud, 179 00:09:41,879 --> 00:09:44,759 vocal minority that exists on the far left side of 180 00:09:44,759 --> 00:09:47,679 the political aisle. These are the ultra activists that are 181 00:09:48,000 --> 00:09:50,879 conducting these protests, that are leading these marches so on 182 00:09:50,919 --> 00:09:53,440 and so forth. They are trying to grab control of 183 00:09:53,480 --> 00:09:57,440 the party, while more moderate Democrats are waking up to 184 00:09:57,480 --> 00:09:59,960 the fact and realizing that these ideas are so wolf 185 00:10:00,039 --> 00:10:02,840 fully unpopular that they can't win elections. How do you 186 00:10:02,879 --> 00:10:05,720 see that shaking out over the next sixteen, eighteen twenty 187 00:10:05,720 --> 00:10:07,159 four months. 188 00:10:07,639 --> 00:10:10,919 Speaker 3: Well, I think it's going to be interesting because typically 189 00:10:10,960 --> 00:10:13,120 heading into the midterms, it's the party in power that 190 00:10:13,200 --> 00:10:15,840 tends to get whimmied when it comes to congressional and 191 00:10:15,919 --> 00:10:21,000 Senate seats on the national level. But if things continue 192 00:10:21,000 --> 00:10:22,679 on the path that they're on right now, the only 193 00:10:22,799 --> 00:10:25,360 concern that I think Republicans really have going into it 194 00:10:25,399 --> 00:10:28,279 is bringing down the cost of groceries and things because 195 00:10:28,799 --> 00:10:32,120 teriff delays are going to hit. Everyone knew that that 196 00:10:32,200 --> 00:10:33,840 was going to happen. They knew there was going to 197 00:10:33,840 --> 00:10:36,679 be a spike in prices, but you know, the energy 198 00:10:36,679 --> 00:10:39,600 prices are going down, which is going to help ameliorate 199 00:10:39,639 --> 00:10:42,440 some of that. I think that heading into it, you know, 200 00:10:42,600 --> 00:10:45,159 Republicans have a lot of good things to talk about, 201 00:10:45,240 --> 00:10:48,759 and Democrats have what to talk about that they tried 202 00:10:48,759 --> 00:10:52,120 to break into an ice office, or that they were 203 00:10:52,159 --> 00:10:55,000 backing a guy who is you know, you know, he's 204 00:10:55,000 --> 00:10:59,159 accused of you know, trafficking human beings across the country 205 00:10:59,200 --> 00:11:01,559 from being deported back to a different country. I mean 206 00:11:03,159 --> 00:11:05,440 they're I don't really see a whole lot of leadership, 207 00:11:05,519 --> 00:11:08,320 especially you know, they're trying to rally around or nif 208 00:11:08,399 --> 00:11:10,480 Cavin Newsom is trying to get people to rally around him. 209 00:11:10,519 --> 00:11:12,320 But if you look at what he's done in California, 210 00:11:12,399 --> 00:11:15,679 businesses have fled, you know. I mean it was one 211 00:11:15,679 --> 00:11:18,039 of the states that had the highest amount of businesses 212 00:11:18,080 --> 00:11:19,960 that left the state, the highest amount of millionaires that 213 00:11:20,039 --> 00:11:23,159 left the state. And you know, his downtown area is 214 00:11:23,200 --> 00:11:27,519 full of homeless people. You know, they're trying to stop 215 00:11:27,559 --> 00:11:31,080 ice from you know, taking criminal legal aliens off the streets. 216 00:11:31,480 --> 00:11:34,879 It's just it's chaos in California. So I think heading 217 00:11:34,919 --> 00:11:38,559 into twenty twenty four or not sorry, twenty twenty six, 218 00:11:38,600 --> 00:11:41,320 into those midterms, we're going to see whether or not 219 00:11:42,000 --> 00:11:44,960 all the things that Donald Trump and the Republicans have done, 220 00:11:45,080 --> 00:11:47,039 they've kept their promises, whether or not that's going to 221 00:11:47,200 --> 00:11:50,960 have any sort of credibility with the voters going into it. 222 00:11:51,000 --> 00:11:53,159 I mean, if if the average voter feels like they're 223 00:11:53,200 --> 00:11:56,840 on a better course so their life feels better, they're 224 00:11:56,879 --> 00:12:00,200 going to tend to stay in the Republican lane because 225 00:12:00,200 --> 00:12:02,320 the Democrats have given them no reason to shift. 226 00:12:02,159 --> 00:12:06,080 Speaker 2: Lanes some great analysis this afternoon, AP, How can folks 227 00:12:06,159 --> 00:12:07,639 keep up to date with your publications? 228 00:12:08,919 --> 00:12:12,279 Speaker 3: You can visit us at nsjonline dot com. That's where 229 00:12:12,360 --> 00:12:14,559 I write for a North State Journal, and my substack 230 00:12:14,679 --> 00:12:17,279 is AP Dylon dot substack dot com and you can 231 00:12:17,279 --> 00:12:21,240 follow me on x at AP Dylan with an underscore. 232 00:12:20,799 --> 00:12:21,320 Speaker 5: Right at the end. 233 00:12:21,840 --> 00:12:24,320 Speaker 2: Thanks for the time, AP, Very much appreciated. Appreciate you 234 00:12:24,399 --> 00:12:25,399 joining us this after. 235 00:12:25,159 --> 00:12:27,799 Speaker 1: Here's a great idea. How about making an escape to 236 00:12:27,840 --> 00:12:31,320 a really special and secluded getaway in western North Carolina. 237 00:12:31,440 --> 00:12:33,600 Just a quick drive up the mountain and Cabins of 238 00:12:33,639 --> 00:12:38,000 Asheville is your connection. 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Call her 254 00:13:29,360 --> 00:13:32,679 text eight two eight, three six seven seventy sixty eight 255 00:13:33,000 --> 00:13:35,120 or check out all there is to offer at Cabins 256 00:13:35,120 --> 00:13:38,679 of Aashville dot com and make memories that'll last a lifetime. 257 00:13:38,919 --> 00:13:39,080 Speaker 4: Tee. 258 00:13:39,080 --> 00:13:42,639 Speaker 2: I'm Nick Craig in four repeat this afternoon seven oh four, five, 259 00:13:42,720 --> 00:13:44,960 seven oh eleven ten. If you'd like to text her, 260 00:13:45,000 --> 00:13:49,000 call be part of the program. Very interesting analysis from 261 00:13:49,120 --> 00:13:52,200 ap Dylan. She's over at the North State Journal, her 262 00:13:52,200 --> 00:13:56,039 Substackapdilan dot substack dot com and a new piece she's 263 00:13:56,039 --> 00:13:58,639 got out over there talking about some of these memos 264 00:13:58,679 --> 00:14:04,159 from Democrat tank groups, especially telling democrats to stop using 265 00:14:04,200 --> 00:14:08,039 a variety of words that they continue to push in 266 00:14:08,080 --> 00:14:12,879 the face of the American voting populace. And when I 267 00:14:13,039 --> 00:14:15,559 read through this, when you read through this, you would 268 00:14:15,600 --> 00:14:17,759 of course look at this and say, well, of course 269 00:14:18,039 --> 00:14:21,279 these things are not popular with the vast majority of 270 00:14:21,320 --> 00:14:25,840 the American people. But it's amazing that even with these 271 00:14:26,639 --> 00:14:30,279 memos coming out, even with these groups on the left, 272 00:14:30,320 --> 00:14:32,799 these are not right wing groups telling Democrats not to 273 00:14:32,840 --> 00:14:36,799 say things. These are democratic groups advising the Democrat Party 274 00:14:36,879 --> 00:14:40,639 to stay away from terms. They're just uninterested in doing it. 275 00:14:41,039 --> 00:14:46,679 And it does, i think, lay out the struggle and 276 00:14:47,039 --> 00:14:50,600 the power struggle that is ongoing right now within the 277 00:14:50,639 --> 00:14:54,159 Democrat Party. You've got those on the radical left that 278 00:14:54,240 --> 00:14:58,080 believe that their ideals are perfect and that anything that 279 00:14:58,120 --> 00:15:01,120 they say or do is the greatest thing ever, It's 280 00:15:01,159 --> 00:15:03,919 the greatest thing on God's green Earth, and everybody else 281 00:15:04,000 --> 00:15:06,519 is just totally dead wrong. They're the ones that are 282 00:15:06,519 --> 00:15:10,000 in the right. Their ideas are perfect. Then you've got 283 00:15:10,120 --> 00:15:14,559 the more moderate group of Democrats that understand that those 284 00:15:14,559 --> 00:15:18,519 people's ideas are crazy and that if those ideas are 285 00:15:18,600 --> 00:15:23,480 attached to every Democrat candidate across the board, from President 286 00:15:23,519 --> 00:15:27,000 to Congress, down to your local city council, your county commission, 287 00:15:27,039 --> 00:15:30,720 your governor races across the country that it spells a 288 00:15:30,799 --> 00:15:37,039 recipe for a disaster, because these things are completely it's 289 00:15:37,200 --> 00:15:40,960 nothing more than a complete and total fairy tale that 290 00:15:41,000 --> 00:15:44,519 these people are living in where they believe that walking 291 00:15:44,559 --> 00:15:48,000 around the country and talking about a birthing a person 292 00:15:49,360 --> 00:15:54,320 makes any sense at all. That saying that somebody is pregnant. 293 00:15:54,600 --> 00:15:58,080 Who can't say that, because then you're assuming that you're 294 00:15:58,080 --> 00:16:02,840 talking about a woman. Can't We can't, No, we can't 295 00:16:02,840 --> 00:16:05,480 do that. So we need to call it and call 296 00:16:05,559 --> 00:16:10,120 the situation somebody that is a birthing person. These are 297 00:16:10,120 --> 00:16:14,559 the kinds of terms that they believe will win them 298 00:16:14,679 --> 00:16:20,200 favor with the majority of the American populace claiming that 299 00:16:20,679 --> 00:16:24,080 a woman is not the only person that can get pregnant. 300 00:16:24,080 --> 00:16:26,639 That's why we need to use the term birthing person 301 00:16:27,240 --> 00:16:32,399 as an alternative. Is something that is politically successful, politically 302 00:16:32,480 --> 00:16:36,919 expedient for those on the left. Talked about eighty twenty 303 00:16:36,960 --> 00:16:40,159 issues a little while ago. This is another example. And 304 00:16:40,200 --> 00:16:43,000 when you look at all of these terms, these are 305 00:16:43,080 --> 00:16:46,240 eighty twenty issues that the Democrats and the left are 306 00:16:46,440 --> 00:16:51,080 absolutely unequivocally on the wrong side of. And it's funny 307 00:16:51,080 --> 00:16:53,879 because you've watched Donald Trump take a lot of these 308 00:16:53,919 --> 00:16:56,799 eighty twenty issues and hit them with a hammer over 309 00:16:56,840 --> 00:16:58,080 the last couple of months. 310 00:16:58,240 --> 00:16:58,440 Speaker 4: Right. 311 00:16:58,559 --> 00:17:02,720 Speaker 2: One of the greatest examples men and women's sports, something 312 00:17:02,759 --> 00:17:06,519 that the left pushed and yelled and screamed about so much. 313 00:17:06,559 --> 00:17:10,559 They were in such support of allowing dudes, biological men 314 00:17:10,599 --> 00:17:13,640 to compete in women's sports. Trump's in the Oval office, 315 00:17:13,799 --> 00:17:17,480 like less than two weeks signs an executive order protecting 316 00:17:18,200 --> 00:17:21,640 girls and young females and their ability to compete in 317 00:17:21,680 --> 00:17:25,119 a safe sporting environment with individuals of their own sex, 318 00:17:25,799 --> 00:17:28,519 and the left completely loses the argument. I mean literally, 319 00:17:28,599 --> 00:17:31,599 with the stroke of a pen. It's done. It's pretty 320 00:17:31,640 --> 00:17:33,920 remarkable to watch, and it's going to be very interesting 321 00:17:34,240 --> 00:17:36,480 as we head into the midterms to see if they 322 00:17:36,519 --> 00:17:38,880 can keep this up and really what kind of effects 323 00:17:38,880 --> 00:17:42,400 it will have for the elections coming up here in 324 00:17:42,480 --> 00:17:43,319 the next year. 325 00:17:43,680 --> 00:17:45,480 Speaker 1: All Right, if you're listening to this show, you know 326 00:17:45,559 --> 00:17:47,519 I try to keep up with all sorts of current events, 327 00:17:47,559 --> 00:17:49,640 and I know you do too, and you've probably heard 328 00:17:49,680 --> 00:17:53,759 me say get your news from multiple sources. Why, Well, 329 00:17:53,759 --> 00:17:56,480 because it's how you detect media bias, which is why 330 00:17:56,519 --> 00:17:59,640 I've been so impressed with ground News. It's an app, 331 00:17:59,839 --> 00:18:03,119 and it's a website, and it combines news from around 332 00:18:03,160 --> 00:18:05,559 the world in one place, so you can compare coverage 333 00:18:05,799 --> 00:18:08,519 and verify information. You can check it out at check 334 00:18:08,759 --> 00:18:13,000 dot ground, dot news slash pete. I put the link 335 00:18:13,000 --> 00:18:16,119 in the podcast description too. I started using ground News 336 00:18:16,160 --> 00:18:18,880 a few months ago and more recently chose to work 337 00:18:18,880 --> 00:18:20,920 with them as an affiliate because it lets me see 338 00:18:20,960 --> 00:18:24,799 clearly how stories get covered and by whom. The blind 339 00:18:24,799 --> 00:18:27,599 spot feature shows you which stories get ignored by the 340 00:18:27,720 --> 00:18:31,400 left and the right. See for yourself. Check dot ground, 341 00:18:31,599 --> 00:18:35,279 dot news slash pete. Subscribe through that link and you'll 342 00:18:35,279 --> 00:18:38,480 get fifteen percent off any subscription. I use the Vantage 343 00:18:38,480 --> 00:18:41,960 plan to get unlimited access to every feature. Your subscription 344 00:18:42,079 --> 00:18:44,759 then not only helps my podcast, but it also supports 345 00:18:44,799 --> 00:18:48,039 ground News as they make the media landscape more transparent. 346 00:18:48,400 --> 00:18:52,119 Speaker 2: Here in North Carolina, the North Carolina Supreme Court rolled 347 00:18:52,160 --> 00:18:55,480 on a variety of cases on Friday, some of them 348 00:18:55,559 --> 00:18:58,799 set to have some major impacts across the state of 349 00:18:59,119 --> 00:19:02,680 North Carolina. Earlier this morning, on the Carolina Journal News Hour, 350 00:19:02,920 --> 00:19:05,400 I had the opportunity to catch up with Mitch Kokei. 351 00:19:05,440 --> 00:19:08,200 He's over at the John Locke Foundation to talk about 352 00:19:08,240 --> 00:19:11,960 a major case involving a bar owners and restaurant owners 353 00:19:12,200 --> 00:19:15,440 that have been brought forth litigation against the state of 354 00:19:15,480 --> 00:19:18,799 North Carolina over the fact that their bars and restaurants 355 00:19:18,799 --> 00:19:22,640 were shut down during the COVID nineteen pandemic. They got 356 00:19:22,640 --> 00:19:26,960 a major win from the North Carolina Supreme Court on Friday. 357 00:19:26,960 --> 00:19:29,119 Here was part of my conversation with Mitch on The 358 00:19:29,200 --> 00:19:30,480 Carolina Journal News Hour. 359 00:19:31,240 --> 00:19:33,839 Speaker 5: Yes, and actually, one of the interesting things about this 360 00:19:34,000 --> 00:19:36,480 is that they really get back to the starting line 361 00:19:36,599 --> 00:19:40,079 of where their case started. You remember, Nick, and the 362 00:19:40,119 --> 00:19:44,160 listening audience will remember that in twenty twenty, as COVID 363 00:19:44,319 --> 00:19:48,559 was really striking the state, most businesses shut down, and 364 00:19:48,640 --> 00:19:52,440 the government forced most businesses to shut down. But as 365 00:19:52,480 --> 00:19:56,680 time went on, businesses were allowed to reopen. Restaurants and 366 00:19:56,799 --> 00:20:00,960 bars were forced to shut down. Restaurants reopened more quickly. 367 00:20:01,519 --> 00:20:04,480 Some bars were allowed to reopen while others could not, 368 00:20:05,319 --> 00:20:08,240 and a lot of bars, even when they could reopen, 369 00:20:08,400 --> 00:20:12,920 had restrictions on them. And so after the initial heat 370 00:20:13,240 --> 00:20:17,240 of the COVID shutdowns and as time went on, two 371 00:20:17,359 --> 00:20:21,519 different groups of bars sued the governor at that time, 372 00:20:21,599 --> 00:20:26,799 Governor Roy Cooper, saying that the shutdowns violated their constitutional rights. Now, 373 00:20:26,839 --> 00:20:29,799 these cases have worked their way all the way to 374 00:20:29,839 --> 00:20:33,839 the State Supreme Court, and last October the Supreme Court 375 00:20:33,880 --> 00:20:37,440 heard arguments in both of the cases, and then on Friday, 376 00:20:37,880 --> 00:20:41,279 the court issued its ruling in both cases, two separate 377 00:20:41,279 --> 00:20:45,960 decisions written by two different justices, but basically the same result, 378 00:20:46,160 --> 00:20:50,400 saying that in both cases the bar owners do have 379 00:20:50,480 --> 00:20:54,640 a right to move forward with their constitutional claims against 380 00:20:54,720 --> 00:20:59,240 the government under the provision of the State Constitution called 381 00:20:59,519 --> 00:21:02,960 fruits of their own or fruits of your own labor, 382 00:21:03,200 --> 00:21:06,960 basically our state Constitution guaranteeing us the right to the 383 00:21:07,079 --> 00:21:10,400 enjoyment of the fruits of our own labor, meaning basically 384 00:21:10,720 --> 00:21:14,319 that the government shouldn't stop you from doing your job 385 00:21:14,480 --> 00:21:19,720 unless there's a really compelling reason. Now, in coming to 386 00:21:19,799 --> 00:21:23,200 this decision, there are some interesting twists. It was five 387 00:21:23,240 --> 00:21:26,960 to two, so the Republicans were in favor of this 388 00:21:27,119 --> 00:21:30,079 on the State Supreme Court, while the two Democrats were not. 389 00:21:30,279 --> 00:21:33,839 They dissented. In one case, it was the majority opinion 390 00:21:33,880 --> 00:21:36,920 was written by Chief Justice Paul Newby. In the other case, 391 00:21:37,319 --> 00:21:40,920 the opinion was written by Justice Phil Berger Junior, and 392 00:21:40,960 --> 00:21:43,519 then the two Democrats traded off on who was going 393 00:21:43,559 --> 00:21:47,240 to dissent Anita Earl's descendant in one case, Alison Riggs 394 00:21:47,240 --> 00:21:49,319 and the other, and then they joined each other's descents. 395 00:21:49,640 --> 00:21:54,680 But basically, the idea is that the government cannot basically 396 00:21:54,720 --> 00:21:59,640 brush off a lawsuit when there is a constitutional claim 397 00:22:00,079 --> 00:22:04,039 on violation of violating the fruits of your own labor 398 00:22:04,079 --> 00:22:07,680 clause of the state Constitution. This doesn't mean the bars 399 00:22:07,680 --> 00:22:10,519 are going to end up winning, doesn't mean the bars 400 00:22:10,519 --> 00:22:13,400 are going to end up collecting any money from state government, 401 00:22:13,799 --> 00:22:16,799 but it basically means they do have the right to 402 00:22:16,880 --> 00:22:18,799 go in front of a trial judge and try to 403 00:22:18,839 --> 00:22:21,440 make the case that their rights were violated and that 404 00:22:21,480 --> 00:22:24,319 they should collect money. So this is far from over, 405 00:22:24,759 --> 00:22:27,480 but it is a big win for the bar owners 406 00:22:27,519 --> 00:22:30,519 in the sense that the state government couldn't come along 407 00:22:30,799 --> 00:22:35,079 and just say, no, we did this to help public 408 00:22:35,119 --> 00:22:37,880 health and safety. You have no case and your case 409 00:22:37,960 --> 00:22:38,880 should be dismissed. 410 00:22:39,759 --> 00:22:41,880 Speaker 2: Mitch, it's kind of hard to go back and remember 411 00:22:41,920 --> 00:22:43,880 what was going on during twenty twenty. It was a 412 00:22:43,880 --> 00:22:46,119 long time ago and there were a lot of moving pieces. 413 00:22:46,400 --> 00:22:50,240 The field goal posts constantly shifting back and forth on everything. 414 00:22:50,559 --> 00:22:52,640 But one of the major things I remember when this 415 00:22:52,720 --> 00:22:55,480 lawsuit was getting kicked off and from some of the 416 00:22:55,519 --> 00:22:58,359 individuals that are part of these lawsuits, And as you 417 00:22:58,440 --> 00:23:02,319 mentioned in the open restaurants were able to reopen pretty quickly, 418 00:23:02,359 --> 00:23:06,079 albeit with limited to capacity, maybe some outdoor dining, not 419 00:23:06,160 --> 00:23:09,440 as many people inside, with some restrictions. But as the 420 00:23:09,480 --> 00:23:12,440 months and days went on through COVID nineteen and through 421 00:23:12,519 --> 00:23:16,759 twenty twenty, a lot of bars were essentially shuttered, almost permanently, 422 00:23:17,119 --> 00:23:19,680 some of them no longer in business because they continued 423 00:23:19,720 --> 00:23:22,119 to have to pay their ABC license and all of 424 00:23:22,160 --> 00:23:25,839 the other costs associated with operating their business. The restaurant 425 00:23:25,880 --> 00:23:28,440 next door was open, but because the bar did serve food, 426 00:23:28,599 --> 00:23:30,079 they were almost permanently closed. 427 00:23:31,039 --> 00:23:33,200 Speaker 5: That's right. One of the arguments that was made in 428 00:23:33,440 --> 00:23:37,880 both of these cases is disparate treatment. That some bars 429 00:23:38,119 --> 00:23:40,839 were allowed to reopen if they were in a restaurant 430 00:23:40,960 --> 00:23:43,920 or if they were in some sort of country club setting, 431 00:23:44,200 --> 00:23:47,400 but that private bars had to remain closed, and even 432 00:23:47,440 --> 00:23:50,880 when they were allowed to reopen, the restrictions were such 433 00:23:51,079 --> 00:23:54,000 that they couldn't actually make a living. One of the 434 00:23:54,240 --> 00:23:57,000 Supreme court opinions made reference to the fact that the 435 00:23:57,079 --> 00:24:01,839 trial court record showed that restrictions on bars lasted for 436 00:24:02,200 --> 00:24:04,960 four hundred days or so, so well over a year, 437 00:24:05,319 --> 00:24:08,000 well beyond the point that most people were getting back 438 00:24:08,039 --> 00:24:11,960 to work, and deciding that COVID nineteen, while still a concern, 439 00:24:12,119 --> 00:24:15,000 was certainly not something that should stop them from doing 440 00:24:15,039 --> 00:24:17,720 their jobs and stopped them from doing things out in 441 00:24:17,720 --> 00:24:20,640 the public. So that is going to be one of 442 00:24:20,640 --> 00:24:24,359 the arguments as this goes forward in a trial court level, 443 00:24:24,480 --> 00:24:27,240 assuming that it does, assuming that there isn't some sort 444 00:24:27,279 --> 00:24:31,920 of settlement, that the bar owners will argue, look, we 445 00:24:31,920 --> 00:24:35,400 were treated differently and in a way that violated our rights. 446 00:24:35,799 --> 00:24:39,359 If every business had had to face the same sort 447 00:24:39,400 --> 00:24:44,480 of restriction, or if every business that served alcohol had 448 00:24:44,519 --> 00:24:47,160 faced the same sort of restriction, there would probably be 449 00:24:47,319 --> 00:24:50,640 a weaker case for the bar owners. But they argued 450 00:24:50,640 --> 00:24:54,160 that what was done to them was different than what 451 00:24:54,359 --> 00:24:57,920 was done to other businesses that basically faced the same 452 00:24:58,000 --> 00:25:01,119 sort of situation and same sort of s circumstances, And 453 00:25:01,160 --> 00:25:03,000 that's going to be one of the parts of the argument, 454 00:25:03,200 --> 00:25:06,920 I think from a constitutional perspective, The biggest piece of 455 00:25:06,960 --> 00:25:09,920 this is that the State Supreme Court is really putting 456 00:25:10,039 --> 00:25:12,920 a lot of weight behind this provision in the state 457 00:25:12,960 --> 00:25:17,440 constitution that says that you have a constitutional right in 458 00:25:17,519 --> 00:25:20,279 North Carolina to the enjoyment of the fruits of your 459 00:25:20,319 --> 00:25:22,839 own labor, and if the government is going to restrict 460 00:25:22,839 --> 00:25:26,640 that right, it really needs to have a great justification 461 00:25:26,720 --> 00:25:29,680 for doing so. It can't just say we think this 462 00:25:29,720 --> 00:25:32,480 is a good idea and it's reasonable, and so you 463 00:25:32,519 --> 00:25:36,440 can't sue. You really have to have a legitimate, compelling 464 00:25:36,559 --> 00:25:40,039 reason to violate someone's economic rights. 465 00:25:40,400 --> 00:25:43,480 Speaker 2: That was Mitch Kokai. He joined me earlier this morning 466 00:25:43,519 --> 00:25:45,799 on the Carolina Journal News Hour, which you can hear 467 00:25:45,839 --> 00:25:48,960 weekday mornings of five to six right here on Newstock 468 00:25:49,000 --> 00:25:51,920 eleven ten and ninety nine to three WBT. One of 469 00:25:52,039 --> 00:25:55,200 just a few of the many major decisions from the 470 00:25:55,319 --> 00:25:58,599 United from the North Carolina rather Supreme Court coming out 471 00:25:58,640 --> 00:26:01,759 on a Friday as a bar and restaurant owners sued 472 00:26:01,799 --> 00:26:04,599 a former governor, Roy Cooper and the State of North 473 00:26:04,599 --> 00:26:09,160 Carolina over the unconstitutional closure of their business. Even though 474 00:26:09,200 --> 00:26:11,920 COVID many many years in the rearview mirror, it is 475 00:26:12,000 --> 00:26:14,559 interesting to watch us some of these legal cases play 476 00:26:14,559 --> 00:26:17,240 out still to this day, and we'll keep an eye 477 00:26:17,240 --> 00:26:21,200 on that over on the Carolina Journal website. That's Carolina 478 00:26:21,319 --> 00:26:22,720 Journal dot com. 479 00:26:22,839 --> 00:26:25,400 Speaker 1: All right, you hear me talk a lot about incentives, right, Well, 480 00:26:25,519 --> 00:26:28,960 let's talk about incentive trips, the kind that companies offer 481 00:26:29,000 --> 00:26:32,279 employees to fire them up and reward their teams. If 482 00:26:32,279 --> 00:26:34,400 you own a business or you work somewhere that offers 483 00:26:34,440 --> 00:26:37,440 these incentive trips, first off, good for you. But also 484 00:26:37,720 --> 00:26:40,039 there is a custom app that's a game changer for 485 00:26:40,119 --> 00:26:44,039 these trips. It's called Incentive trip Kit. Private group messaging, 486 00:26:44,160 --> 00:26:48,400 shared photos, you're itinerary, travel details all built into a single, 487 00:26:48,519 --> 00:26:51,720 easy to use app. There's even a traveler locator, so 488 00:26:51,839 --> 00:26:54,680 Carl from Accounting doesn't get left behind. The best part 489 00:26:54,720 --> 00:26:58,599 about Incentive trip Kit it's totally private. No email captures, 490 00:26:58,799 --> 00:27:03,279 no sign ups, no cringe ads. It's simple, clean and secure. 491 00:27:03,440 --> 00:27:06,400 And when the trip is over, Incentive trip Kit turns 492 00:27:06,440 --> 00:27:10,359 those highlights into a professional storytelling video. So think about it. 493 00:27:10,440 --> 00:27:14,119 When you launch next year's incentive trip campaign, that video 494 00:27:14,200 --> 00:27:17,799 becomes your greatest motivator. Talk about a return on investment. Right, 495 00:27:18,079 --> 00:27:21,279 You gotta check out incentive trip Kit for your business. 496 00:27:21,519 --> 00:27:25,319 Visit Incentive Tripkit dot Com, because great trips deserve even 497 00:27:25,400 --> 00:27:26,480 better returns. 498 00:27:26,160 --> 00:27:29,160 Speaker 2: Nick Craig in four Pete this afternoon seven four five 499 00:27:29,240 --> 00:27:33,240 seven zero eleven ten, as we're talking about some statewide news, 500 00:27:33,279 --> 00:27:36,480 a big decision, actually many big decisions out from the 501 00:27:36,599 --> 00:27:39,839 North Carolina Supreme Court on Friday. We're just talking about 502 00:27:40,359 --> 00:27:44,000 the multiple bar owner and advocacy groups for a bar 503 00:27:44,079 --> 00:27:46,240 and restaurant owners that have been suing the state of 504 00:27:46,279 --> 00:27:49,680 North Carolina going on four years over the fact that 505 00:27:49,720 --> 00:27:53,799 the state they believe unconstitutionally shut down their business that 506 00:27:53,960 --> 00:27:56,759 is now allowed to move forward according to an order 507 00:27:57,079 --> 00:28:00,240 from the North Carolina Supreme Court, another one of their 508 00:28:00,240 --> 00:28:04,440 major rulings, and it's an interesting case. It's specifically dealing 509 00:28:04,480 --> 00:28:08,799 with a fired State Department of Transportation worker, and while 510 00:28:08,920 --> 00:28:12,039 that story is really only interesting to the worker himself, 511 00:28:12,480 --> 00:28:15,400 the big thing that came out of this case was 512 00:28:15,480 --> 00:28:20,960 that government agencies no longer have the ability to be 513 00:28:21,039 --> 00:28:26,240 the sole interpreters of state law, and it specifically instructs 514 00:28:26,599 --> 00:28:30,759 courts not to use what is traditionally called deference when 515 00:28:30,880 --> 00:28:35,240 dealing with state laws or state regulations. So it's not 516 00:28:35,319 --> 00:28:38,920 immediately clear how exactly this is set to play out. 517 00:28:39,279 --> 00:28:43,839 But it does parallel a situation that unfolded at the 518 00:28:44,039 --> 00:28:47,440 United States Supreme Court back a couple of years ago. 519 00:28:47,480 --> 00:28:50,440 You may have heard of the Loper Bright case, also 520 00:28:50,720 --> 00:28:54,880 some discussion around the Chevron doctrine that the Chevron deference 521 00:28:55,000 --> 00:28:59,079 rather up at the United States Supreme Court level. That 522 00:28:59,200 --> 00:29:01,079 is something that had been on the books for about 523 00:29:01,119 --> 00:29:04,279 fifty years, and while it involved the Chevron Oil Company 524 00:29:04,319 --> 00:29:07,480 at the time, the gist of it was that a 525 00:29:07,519 --> 00:29:12,359 federal entity or a federal agency received deference in a 526 00:29:12,519 --> 00:29:19,519 courtroom when arguing or debating laws, rules, or regulations, making 527 00:29:19,599 --> 00:29:23,480 it almost impossible for an outside party, whether that be 528 00:29:24,039 --> 00:29:28,799 a company or a private individual, suing the government. It 529 00:29:28,839 --> 00:29:32,119 made it almost impossible to secure a victory because the 530 00:29:32,200 --> 00:29:36,720 court was giving deference to the state, the federal entity, 531 00:29:37,000 --> 00:29:41,240 the federal agency that had the ability to interpret what 532 00:29:41,400 --> 00:29:44,640 the rules really meant. And so with this case in 533 00:29:44,680 --> 00:29:46,920 North Carolina on Friday, I think this is going to 534 00:29:46,960 --> 00:29:50,160 have a magnetuve It's going to have a huge impact 535 00:29:50,480 --> 00:29:53,359 on the state and it could be something that as 536 00:29:53,400 --> 00:29:56,440 we watch in the months and years going forward, could 537 00:29:56,440 --> 00:30:01,079 play a massive impact. According to Justice Richard Dietz, who 538 00:30:01,119 --> 00:30:04,920 wrote for the Court's majority opinion, he says, quote, at 539 00:30:04,960 --> 00:30:08,960 its heart, this case presents a rather stateforward question of 540 00:30:09,079 --> 00:30:13,880 statutory interpretation. Before we get there, however, we first must 541 00:30:13,960 --> 00:30:18,680 address who decides that question. He continued by saying, several 542 00:30:18,759 --> 00:30:23,079 decades ago, parroting federal law, the Court of Appeals held 543 00:30:23,200 --> 00:30:28,000 a tent of statutory construction that a reviewing court should 544 00:30:28,039 --> 00:30:32,119 defer to the agency's interpretation of a statute in its 545 00:30:32,160 --> 00:30:37,799 administration so long as the agency's interpretation is reasonable and 546 00:30:37,920 --> 00:30:43,039 based on a permissible construction of the statue. Boiling that down, 547 00:30:43,400 --> 00:30:46,119 it means that, well, if you are suing, for example, 548 00:30:46,240 --> 00:30:50,039 the North Carolina Department of Environmental Quality, and there is 549 00:30:50,160 --> 00:30:53,799 statute that is at question, the courts are going to 550 00:30:53,920 --> 00:30:59,279 defer to de Q as the subject matter expert on 551 00:30:59,799 --> 00:31:03,119 the statue the law that is on the books, and 552 00:31:03,160 --> 00:31:07,960 that made it, of course, incredibly complicated and tough for 553 00:31:08,079 --> 00:31:11,119 a third party group. And again a company or an 554 00:31:11,240 --> 00:31:14,920 individual to sue the State of North Carolina, sue an 555 00:31:15,119 --> 00:31:18,880 entity in the state of North Carolina, because of course 556 00:31:19,160 --> 00:31:23,400 the agency here, for example, we're talking about NCDEQ, the 557 00:31:23,440 --> 00:31:27,119 Department of Environmental Quality, they are going to interpret the 558 00:31:27,240 --> 00:31:31,000 laws they are going to interpret statue that is beneficial 559 00:31:31,039 --> 00:31:34,480 to them, and in years past the court has given 560 00:31:34,519 --> 00:31:37,440 them deference to do so. It's been a big time 561 00:31:37,480 --> 00:31:39,759 issue up at the federal level, and it's been an 562 00:31:39,759 --> 00:31:43,279 issue here in North Carolina as well. For example, with 563 00:31:43,400 --> 00:31:46,920 the Chevron deference in that case being overturned by the 564 00:31:47,000 --> 00:31:50,359 United States Supreme Court about two years ago. That has 565 00:31:50,519 --> 00:31:55,519 put a serious roadblock in place for federal entities like 566 00:31:55,720 --> 00:32:02,160 EPA to make overburdensome and ridiculous regulations that you essentially 567 00:32:02,160 --> 00:32:05,680 couldn't challenge in court. And so the lower Bright decision 568 00:32:05,759 --> 00:32:08,880 up at the federal level was a major change something 569 00:32:08,920 --> 00:32:11,240 that had been on the books for fifty years. And 570 00:32:11,319 --> 00:32:14,799 now we're seeing that that similar thing is unfolding here 571 00:32:14,799 --> 00:32:19,599 in North Carolina, with Justice Richard Deets talking about saying 572 00:32:20,160 --> 00:32:25,400 directly in his piece quote, we never approved this interpretation 573 00:32:25,519 --> 00:32:28,720 of a rule, and it directly conflicts with our own 574 00:32:28,799 --> 00:32:34,960 precedent requiring courts to review questions of all laws. And 575 00:32:35,039 --> 00:32:38,160 so this is specifically dealing with, again the case of 576 00:32:38,200 --> 00:32:44,160 a fire Dot employee. But the greater impacts, the greater implications, 577 00:32:44,559 --> 00:32:48,000 are likely to be felt throughout every piece of North 578 00:32:48,039 --> 00:32:52,359 Carolina government going forward from laws passed by the North 579 00:32:52,400 --> 00:32:57,160 Carolina General Assembly to potentially rules and regulations passed by 580 00:32:57,319 --> 00:33:02,440 entities like NCDQ, DHHS. That the list goes on and 581 00:33:02,440 --> 00:33:05,359 on with all of these state entities that could now 582 00:33:05,640 --> 00:33:09,279 no longer have what I'll call the upper hand in 583 00:33:09,319 --> 00:33:12,240 the legal system as these cases continue to roll out. 584 00:33:12,440 --> 00:33:14,920 I'll have more details on that tomorrow morning on the 585 00:33:14,960 --> 00:33:17,480 Carolina Journal News Hour, which you can catch five to 586 00:33:17,559 --> 00:33:20,960 six am right here on WBT. It's been a pleasure 587 00:33:21,000 --> 00:33:23,319 to sit in for the Great Pete Calendar this afternoon 588 00:33:23,559 --> 00:33:26,319 News Talk eleven three WBTT. 589 00:33:27,519 --> 00:33:29,839 Speaker 1: All right, that'll do it for this episode. Thank you 590 00:33:29,920 --> 00:33:31,920 so much for listening. I could not do the show 591 00:33:31,920 --> 00:33:34,440 without your support and the support of the businesses that 592 00:33:34,519 --> 00:33:37,599 advertise on the podcast, so if you'd like, please support 593 00:33:37,640 --> 00:33:39,319 them too and tell them you heard it here. You 594 00:33:39,319 --> 00:33:41,960 can also become a patron at my Patreon page or 595 00:33:42,079 --> 00:33:45,680 go to thepeteclendarshow dot com. Again, thank you so much 596 00:33:45,680 --> 00:33:53,319 for listening, and don't break anything while I'm gone.