WEBVTT 1 00:00:02.799 --> 00:00:07.000 Well, whiskey, come and take my pain, the money. 2 00:00:06.879 --> 00:00:08.480 My brain, Oh whiskey. 3 00:00:09.439 --> 00:00:12.240 Don't why think alone when you can drink it all 4 00:00:12.279 --> 00:00:16.399 in with Ricochet's three Whiskey Happy Hour, join your bartenders 5 00:00:16.600 --> 00:00:21.480 Steve Hayward, John You, and the international woman of Mystery, Lucretia. 6 00:00:25.480 --> 00:00:26.640 Where this lap it up? 7 00:00:26.640 --> 00:00:26.679 It? 8 00:00:26.960 --> 00:00:31.160 David? Ain't you easy on the show? Tap got a giving? 9 00:00:31.679 --> 00:00:32.479 Let that whiskey. 10 00:00:33.079 --> 00:00:36.520 We have an emergency three whiskey Happy Hour podcast this 11 00:00:36.560 --> 00:00:40.920 afternoon because well, because I know Lucretia was just thrilled 12 00:00:40.920 --> 00:00:44.640 to the Supreme Court today, marts you and Lucretia thrilled. 13 00:00:46.560 --> 00:00:49.679 But everyone should know that I was actually in ignorant 14 00:00:49.679 --> 00:00:52.880 bliss because I was so busy and have so many things. 15 00:00:52.880 --> 00:00:54.840 I didn't even have a chance to look at uh 16 00:00:55.399 --> 00:00:58.359 at news, even even in boring meetings because I was 17 00:00:58.399 --> 00:01:01.000 too busy fighting. So I didn't know till Steve. I 18 00:01:01.119 --> 00:01:04.439 always take Steve's text no matter what, So I was like, 19 00:01:04.560 --> 00:01:06.400 what what? I don't know what's going on? You had 20 00:01:06.439 --> 00:01:09.400 to ruin my day even more than it always already ruined. 21 00:01:09.439 --> 00:01:11.319 But thanks to well right, But then it's also the 22 00:01:11.400 --> 00:01:13.280 day after the State of the Union address, and by 23 00:01:13.319 --> 00:01:15.799 the time we usually record our weekly episode at the 24 00:01:15.840 --> 00:01:17.560 end of the week, it'll be really old news, so 25 00:01:18.120 --> 00:01:20.000 you know, a couple of quick reactions to that, and 26 00:01:20.040 --> 00:01:22.120 then we got the second half of our conversation with 27 00:01:22.200 --> 00:01:24.920 Richard Epstein to get in the cannon out and it's 28 00:01:24.959 --> 00:01:28.239 shorter than the first installment, so listeners, of course, you 29 00:01:28.280 --> 00:01:31.560 know Richard gets in, you know, three books work material 30 00:01:31.640 --> 00:01:32.920 in about ten minutes, as we know. 31 00:01:33.519 --> 00:01:36.120 Well, a shout out to the Golora for a second, 32 00:01:36.120 --> 00:01:39.760 because I didn't get on there before the comments were 33 00:01:39.799 --> 00:01:43.439 shut down. He says he's leaving me. He's leaving me 34 00:01:43.519 --> 00:01:46.840 for Richard, because Richard is a true libertarian, and you 35 00:01:46.879 --> 00:01:51.840 know I'm not. I still love you, David, and I'll 36 00:01:51.879 --> 00:01:54.680 forgive you when you come back groveling on your knees. 37 00:01:55.599 --> 00:01:57.439 He'll be back soon, as my prediction. 38 00:01:57.920 --> 00:02:00.000 So listeners, in case you have not heard the news, 39 00:02:00.000 --> 00:02:04.680 it was blissfully leading your life on this ash Wednesday. 40 00:02:05.000 --> 00:02:07.519 Supreme Court today let us down twice. 41 00:02:07.359 --> 00:02:11.599 It seems to me. First, after having granted. 42 00:02:11.159 --> 00:02:15.360 The stay last week, that was Chief Justice Roberts blocking 43 00:02:15.520 --> 00:02:21.319 a district court injunction against Trump withholding payments of two 44 00:02:21.360 --> 00:02:25.719 billion dollars in USAID grants. Today, the Supreme Court ruled 45 00:02:25.759 --> 00:02:29.639 five to four, with Roberts and amy Cony Barrett joining 46 00:02:29.639 --> 00:02:34.639 the three liberals, saying, sorry, the District Court's right, Trump administration, 47 00:02:34.719 --> 00:02:37.000 you will have to pay out that money. Although there's 48 00:02:37.000 --> 00:02:38.080 some wrinkles. 49 00:02:37.639 --> 00:02:41.039 In it, a little not exactly yeah, okay, I know, 50 00:02:41.120 --> 00:02:43.719 you know, I just don't want to get use listeners 51 00:02:43.719 --> 00:02:47.159 from the outset. Basically that they sent it back to 52 00:02:47.240 --> 00:02:50.240 the damned District Court for whatever reason, to sort of 53 00:02:50.240 --> 00:02:52.879 figure out how and when the money should be spent, 54 00:02:53.639 --> 00:02:57.919 you know. And it is not necessarily an indictment of 55 00:02:57.960 --> 00:03:02.000 the entire Doge project of stopping payments. It is payments 56 00:03:02.000 --> 00:03:03.759 for things that have already happened. 57 00:03:04.400 --> 00:03:06.639 Right, So, I mean, the thing is is that the 58 00:03:06.759 --> 00:03:09.599 it's just a very sort of brusque order from the 59 00:03:09.639 --> 00:03:13.120 five justices and a long unsigned that's right, and a 60 00:03:13.199 --> 00:03:16.800 long descent from Alito where he professes to being shocked, 61 00:03:17.159 --> 00:03:20.800 and I agree with him. It's stunned that shocked and stunned, 62 00:03:20.840 --> 00:03:23.560 as they say in the Great Ruttles spoof of the Beatles. 63 00:03:24.719 --> 00:03:26.439 Well, it wasn't clear to me. I mean, it seems 64 00:03:26.479 --> 00:03:27.840 to me that maybe. 65 00:03:27.400 --> 00:03:30.039 There is lurking, and here an argument of this is 66 00:03:30.039 --> 00:03:32.039 a contract that needs to be fulfilled if the work's 67 00:03:32.039 --> 00:03:35.479 already done, in other words, decided on narrow grounds, even 68 00:03:35.520 --> 00:03:37.560 though it may be rotten, like you know, the Fletcher 69 00:03:37.639 --> 00:03:39.439 versus Peck decision way back and when it was that 70 00:03:39.560 --> 00:03:42.560 eighteen oh nine. Right, A contract's a contract even if 71 00:03:42.560 --> 00:03:44.719 it's corrupt. And I guess I can live with that, 72 00:03:44.800 --> 00:03:46.879 But it's not clear that that's what it's on. It's 73 00:03:47.120 --> 00:03:50.280 partly is there. And I think Alito's argument is, does 74 00:03:50.319 --> 00:03:52.400 a district court, even if the district is. 75 00:03:52.360 --> 00:03:53.360 In Washington, d C. 76 00:03:53.639 --> 00:03:57.000 Which would seem to have jurisdiction at least in one sense, 77 00:03:57.560 --> 00:03:59.599 do they have the power to do this? And I 78 00:03:59.680 --> 00:04:02.000 don't know that all lands. But it's still a disappointment. 79 00:04:02.960 --> 00:04:08.840 Yeah, it is a disappointment. But let's I'm gonna be optimistic. 80 00:04:08.919 --> 00:04:11.360 It is ash Wednesday, and I've been awful all day. 81 00:04:11.400 --> 00:04:13.680 I have to go back to confession after my day 82 00:04:13.800 --> 00:04:17.040 to day. But let me be optimistic for just a moment, 83 00:04:17.079 --> 00:04:21.879 which is that tomorrow it goes back for the district 84 00:04:21.920 --> 00:04:24.439 court judge, who's a Biden hack. Of course he is, 85 00:04:25.560 --> 00:04:28.079 you know, I mean appointed by Biden. That's what I 86 00:04:28.120 --> 00:04:30.759 meant to say. I'm not doing very well on my 87 00:04:31.439 --> 00:04:33.519 commitment to being the better person, Steve. 88 00:04:34.600 --> 00:04:38.360 But you're already not. 89 00:04:38.319 --> 00:04:42.240 Even one day. I mean, I churched like four hours ago. Anyway, 90 00:04:43.759 --> 00:04:47.720 the I mean, in many ways, Alito is absolutely right, 91 00:04:47.759 --> 00:04:50.480 and he's speaking to the larger issue. And the larger issue, 92 00:04:50.480 --> 00:04:53.399 of course, is whether a district a single district court 93 00:04:53.480 --> 00:04:58.240 judge has any jurisdiction uh to compel the government of 94 00:04:58.279 --> 00:05:01.240 the United States to pay any thing, you know, whether 95 00:05:01.279 --> 00:05:05.959 it's two billion taxpayer dollars that are, as Steve said, 96 00:05:06.480 --> 00:05:11.240 already contracted for services already rendered. However those horrible those 97 00:05:11.279 --> 00:05:13.920 services are. And if we know anything about USAID, we 98 00:05:13.959 --> 00:05:18.560 know how horrible those services were. But the court, but 99 00:05:18.680 --> 00:05:21.000 the court didn't agree to that. Now, I did see 100 00:05:21.000 --> 00:05:23.000 some commentary, Steve, really quick, I'm going to throw this 101 00:05:23.040 --> 00:05:24.759 at you about people who said it was it it 102 00:05:24.800 --> 00:05:28.920 was a Trump administration being a little bit a little 103 00:05:28.920 --> 00:05:32.639 bit naive or a little bit too hasty in pushing 104 00:05:32.680 --> 00:05:37.040 this issue, because the Supreme Court does, in fact, very 105 00:05:37.160 --> 00:05:41.360 rarely step in on these kinds of things, and you know, 106 00:05:42.040 --> 00:05:45.120 overturn a stay or or give us stay to a 107 00:05:45.160 --> 00:05:47.800 temporary restraining order. That this is the kind of thing 108 00:05:47.839 --> 00:05:50.560 that is usually just played out in the courts first 109 00:05:51.160 --> 00:05:53.560 and yeah, and so there's not a lot of merits 110 00:05:53.600 --> 00:05:56.279 in this case. I'm not even sure if your contract 111 00:05:56.879 --> 00:06:00.759 legal rationale is there. It's not in the unsigned opinion. 112 00:06:00.759 --> 00:06:05.160 Maybe behind the scenes. But nevertheless, we were hoping that 113 00:06:06.439 --> 00:06:09.240 this would be the beginning of the slapdown of these 114 00:06:09.360 --> 00:06:13.040 out of control district judges, Steve, I mean, that's why 115 00:06:13.120 --> 00:06:14.279 you knew I'd be upset. 116 00:06:14.639 --> 00:06:16.959 Yeah, well, I just thought you'd be upset at the lineup. 117 00:06:17.000 --> 00:06:19.000 You know that it was Roberts and Barrett letting us 118 00:06:19.000 --> 00:06:19.480 down right. 119 00:06:19.720 --> 00:06:21.600 Used to it now and by the way, we do 120 00:06:21.680 --> 00:06:24.319 not refer to him any longer as Chief Justice Roberts. 121 00:06:25.319 --> 00:06:27.079 Oh, it's dread what is it? 122 00:06:27.079 --> 00:06:28.680 It's the dread coward Roberts. 123 00:06:29.920 --> 00:06:30.519 That's right. 124 00:06:32.000 --> 00:06:34.519 And we the sequel to the Princess Bride with that character. 125 00:06:34.560 --> 00:06:40.319 I think, okay, the other case that is what are 126 00:06:40.319 --> 00:06:43.279 you saying, disappointment sign of talk about dread coward. 127 00:06:43.920 --> 00:06:46.040 The Supreme Court ruled today, actually ruled. 128 00:06:46.240 --> 00:06:49.720 What they did was they rejected a petition to hear 129 00:06:49.839 --> 00:06:52.600 a case called Speech First versus Pamela Whitten. 130 00:06:52.680 --> 00:06:54.839 I forget who Pamela Whitten is, but it's. 131 00:06:54.680 --> 00:07:00.560 The case concerning the University of Indiana's Bias Incidents Response Team, 132 00:07:00.600 --> 00:07:02.759 which is very popular in a lot of woke campuses. 133 00:07:02.959 --> 00:07:04.040 And you know what. 134 00:07:04.000 --> 00:07:06.600 Happens is is that, oh, if somebody says something mean, 135 00:07:06.800 --> 00:07:09.759 you know, hate speech or derogatory or something like that, 136 00:07:11.040 --> 00:07:14.480 you can report it anonymously to the Bias Incident Response Team. 137 00:07:14.639 --> 00:07:18.040 That's a bunch of you know, underutilized administrators, I suppose, 138 00:07:18.079 --> 00:07:21.360 who then can contact the offending party and ask them 139 00:07:21.360 --> 00:07:24.160 to come in for a voluntary. 140 00:07:23.480 --> 00:07:25.040 Review of what they've said. 141 00:07:25.079 --> 00:07:28.920 And there's no formal disciplinary process attached to this, but 142 00:07:29.000 --> 00:07:31.959 it's certainly intimidating. In any other context, you would call 143 00:07:32.000 --> 00:07:36.600 this chilling speech. And by rejecting the appeal, they've left 144 00:07:36.639 --> 00:07:39.040 the circuits in place, because I think, if I've got 145 00:07:39.040 --> 00:07:44.160 this right, your lower court opinion rejected the challenge to 146 00:07:44.240 --> 00:07:48.600 these practices by speech. First, I think it's I'm not 147 00:07:48.600 --> 00:07:50.600 sure it's the seventh Circuit or which circuit is, but 148 00:07:50.680 --> 00:07:52.680 it's the circuit that includes Indiana. 149 00:07:52.839 --> 00:07:54.879 While the sixth Circuit next door. 150 00:07:54.680 --> 00:07:57.560 I think it is, has ruled in fact that bias 151 00:07:57.680 --> 00:08:01.519 Incident Response teams are on the First Amendment. So you 152 00:08:01.560 --> 00:08:04.199 now have two circuits with two different states of the 153 00:08:04.279 --> 00:08:07.759 law regarding First Amendment protections. And ordinarily you'd think the 154 00:08:07.800 --> 00:08:11.839 Supreme Court would have to step in and the Circuit sweat. 155 00:08:11.920 --> 00:08:14.920 Yeah, you're right, Steve, it's not I have to. It's 156 00:08:15.160 --> 00:08:20.000 by their own internal Supreme Court rules. Those are two 157 00:08:20.120 --> 00:08:23.800 of the things that seem to require that they grant 158 00:08:23.920 --> 00:08:26.439 cert And that is again what you said, which is 159 00:08:26.480 --> 00:08:31.040 when a fundamental right is at stake. Now they can 160 00:08:31.079 --> 00:08:33.679 turn those things down because they can often sort of 161 00:08:34.200 --> 00:08:37.080 pont on whether or not a fundamental right is really 162 00:08:37.080 --> 00:08:39.320 involved in it appears to be that might be what 163 00:08:39.360 --> 00:08:43.240 they're doing here. But also when there are in fact 164 00:08:43.639 --> 00:08:47.559 two separate Circuit Court rulings and two separate circuits that 165 00:08:47.639 --> 00:08:50.519 contradict each other, I mean, that's just not that that 166 00:08:50.720 --> 00:08:54.519 makes no sense from the point of view of, you know, 167 00:08:54.559 --> 00:08:59.120 having judicial supremacy decide these issues for us, right, because 168 00:08:59.159 --> 00:09:01.519 if you live in one part of the country that 169 00:09:02.320 --> 00:09:07.679 the Circuit Court decided that bias incidents response teams, I'll 170 00:09:07.679 --> 00:09:09.639 have something to say about that in a moment after 171 00:09:09.960 --> 00:09:17.320 comes back. But are chilling on free speech, then great. 172 00:09:17.480 --> 00:09:19.320 If you were in the part that says they're not, 173 00:09:19.879 --> 00:09:23.200 then you know you're stuck knowing as say a professor 174 00:09:23.279 --> 00:09:26.200 like me who says something that triggers a poor a 175 00:09:26.519 --> 00:09:32.840 poor delicate students delicate sensibilities, which I've done more than 176 00:09:32.879 --> 00:09:37.240 once and then turned into the bias Incident spons team 177 00:09:37.440 --> 00:09:43.480 more than once. Then you you the faculty member, whoever 178 00:09:43.480 --> 00:09:46.000 it might be. Students in classes get turned in by 179 00:09:46.000 --> 00:09:50.840 other students, then you have no recourse where and and 180 00:09:50.960 --> 00:09:53.679 it depends on where you live. And that makes no sense. 181 00:09:54.360 --> 00:09:56.799 Well, you would think this would be solidly footnote for 182 00:09:57.120 --> 00:10:00.960 territory of carolling products, right, a fundamental right that they 183 00:10:00.960 --> 00:10:03.720 have to have heightened or strict scrutiny for it, right, 184 00:10:04.080 --> 00:10:06.440 And they're dodging it on the technicality that well there's 185 00:10:06.440 --> 00:10:09.639 no injury yet, direct injury or something like that, which 186 00:10:09.679 --> 00:10:13.279 seems pretty weak to me, and. 187 00:10:13.279 --> 00:10:15.759 Maybe I haven't seen the facts of the case, Steve. 188 00:10:15.840 --> 00:10:17.799 What I will tell you this is the honest truth. 189 00:10:17.840 --> 00:10:22.200 The first time, the first time that I got a 190 00:10:22.360 --> 00:10:27.200 notice from the incident the bias Incident response team, the 191 00:10:27.440 --> 00:10:32.120 answer back was, well, we're not trying to curb your 192 00:10:32.159 --> 00:10:34.759 free speech or tell you what to teach in your classroom. 193 00:10:34.840 --> 00:10:40.279 What we're suggesting is that when you use analogies that 194 00:10:40.320 --> 00:10:46.519 you that you choose something a little bit more inclusive 195 00:10:46.840 --> 00:10:51.120 and current. Perhaps I think that the actual, the actual 196 00:10:52.080 --> 00:10:57.360 topic that drew this particular incident response inquiry into me 197 00:10:58.279 --> 00:11:01.039 was that I was talking about the state of nature 198 00:11:01.080 --> 00:11:05.360 and trying to explain how you can still be in 199 00:11:05.399 --> 00:11:09.080 the state of nature in within civil society when there's 200 00:11:09.159 --> 00:11:13.279 no you know, ruling force to make sure that you're 201 00:11:13.559 --> 00:11:16.120 you know, one person isn't violating the natural rights of another. 202 00:11:16.159 --> 00:11:20.519 And I talked about Bernie Getts, Bernard Getz, oh yeah, 203 00:11:20.559 --> 00:11:22.759 and you know, being on the subway, and I said, 204 00:11:22.799 --> 00:11:24.159 you know, he was in the state of nature and 205 00:11:24.240 --> 00:11:28.480 a bunch of stupid, stupid criminal thugs came up and 206 00:11:28.480 --> 00:11:30.440 and you know, he had a gun. And I explained 207 00:11:30.480 --> 00:11:33.039 the whole thing, and this was triggering, and maybe I 208 00:11:33.080 --> 00:11:36.440 shouldn't be using those kinds of examples in my class. 209 00:11:37.080 --> 00:11:38.480 I tell you a true story, and you. 210 00:11:38.399 --> 00:11:40.039 Know what I said, I don't need you to tell 211 00:11:40.039 --> 00:11:42.639 me what examples I use. And it's none of your 212 00:11:42.679 --> 00:11:45.679 damn business. And please don't bother calling me on this again. 213 00:11:46.600 --> 00:11:49.720 Yeah, you know, I think you told me once you 214 00:11:49.919 --> 00:11:53.799 never had the pleasure of experiencing Harold Rude at Tremont, 215 00:11:53.840 --> 00:11:56.679 You know, the great strategic studies professor who had been 216 00:11:56.679 --> 00:11:59.399 a tank driver for Patent's Third Army in World War Two. 217 00:11:59.879 --> 00:12:02.519 So when he talked about war, and he actually brought 218 00:12:02.519 --> 00:12:04.519 a gun to class once, an old M one rifle, 219 00:12:04.519 --> 00:12:06.759 to pass it around, saying, this is the fundamental reality 220 00:12:06.759 --> 00:12:09.480 of war, things like this, And. 221 00:12:08.799 --> 00:12:11.000 He's talking about, you know, war is violence, et cetera. 222 00:12:11.120 --> 00:12:15.399 And some young lady in the class was sort of 223 00:12:15.399 --> 00:12:18.759 all sentimental and gushy and typically naive and saying, oh, 224 00:12:19.240 --> 00:12:21.360 I just think, you know, we ought to be able 225 00:12:21.399 --> 00:12:24.840 to the usual slop. And he put his foot up 226 00:12:24.879 --> 00:12:26.440 on the front of her desk and leaned over and 227 00:12:26.480 --> 00:12:28.960 he says, well, you can think that if you want it, says, 228 00:12:29.000 --> 00:12:32.840 after all, they're not going to rape me. Can you 229 00:12:32.879 --> 00:12:38.120 imagine he used to like to say shocking things like 230 00:12:38.159 --> 00:12:38.840 that in class. 231 00:12:38.960 --> 00:12:42.279 You know he too, but even I probably wouldn't try 232 00:12:42.279 --> 00:12:43.799 to get away with something quite bad. 233 00:12:45.039 --> 00:12:48.159 Well, his variation, which it might have been the same 234 00:12:48.200 --> 00:12:51.679 young lady, was sometimes young lady, you just have to say, 235 00:12:51.759 --> 00:12:53.960 I'm going to shoot your ass off to the you know, 236 00:12:54.039 --> 00:12:54.679 to aggressors. 237 00:12:54.720 --> 00:12:58.360 Okay, ye, that was another one he liked to. Okay, yeah. 238 00:12:58.480 --> 00:13:01.759 The other issue on that Steve that we probably should 239 00:13:01.799 --> 00:13:04.720 at least give a tiny bit of attention to is 240 00:13:04.759 --> 00:13:08.279 the idea that the Supreme Court on the same day 241 00:13:08.879 --> 00:13:18.039 decides not to reconcile the differing opinions about a fundamental 242 00:13:18.120 --> 00:13:22.840 right in differing jurisdictions, but has absolutely no difficulty whatsoever 243 00:13:24.080 --> 00:13:28.639 allowing a district court, which, for folks who don't pay 244 00:13:28.720 --> 00:13:31.039 all that much attention to the federal judicial system, you 245 00:13:31.080 --> 00:13:32.840 have the Supreme Court at the top, you have the 246 00:13:32.879 --> 00:13:36.320 appellate or circuit courts, which are appellate courts only, and 247 00:13:36.360 --> 00:13:38.639 then you have the district courts, which are the trial courts. 248 00:13:39.039 --> 00:13:43.200 They are the lowest on the whole ladder, right all 249 00:13:43.279 --> 00:13:45.960 that they don't have appellate powers, et cetera, et cetera. 250 00:13:46.480 --> 00:13:50.600 And there are ninety four districts, quite a few more 251 00:13:50.639 --> 00:13:52.840 than that in terms of how many judges there are 252 00:13:52.879 --> 00:13:57.000 district court judges. They are appointed the same and confirmed 253 00:13:57.440 --> 00:14:01.200 the same way that Supreme Court justices and appellate court 254 00:14:01.240 --> 00:14:04.559 judges are, but they're district judges, so they serve a 255 00:14:04.600 --> 00:14:07.960 district and as Steve pointed out, this one was probably 256 00:14:08.000 --> 00:14:11.519 over the Washington d C. District. But at the same time, 257 00:14:11.639 --> 00:14:15.240 he's a district court judge, and the idea that the 258 00:14:15.399 --> 00:14:18.639 entire policy of the United States government could be decided 259 00:14:18.639 --> 00:14:23.200 by this one, again, Biden Hack, is just appalling. And 260 00:14:23.240 --> 00:14:27.080 this was the opportunity for the Court to say in 261 00:14:27.159 --> 00:14:30.960 this case, as Alito did, we are not going to 262 00:14:31.039 --> 00:14:36.159 allow differing district court opinions about what the federal government 263 00:14:36.200 --> 00:14:39.919 should do based upon what you know, whose ox is 264 00:14:40.039 --> 00:14:43.720 being gored and whether or not they've forum shopped for 265 00:14:43.759 --> 00:14:45.720 the right judge will give us the right. I mean, 266 00:14:45.759 --> 00:14:48.720 they just it's as if they can't think at the 267 00:14:48.720 --> 00:14:50.000 Supreme Court these days. 268 00:14:50.480 --> 00:14:51.159 Yeah, I don't know. 269 00:14:51.200 --> 00:14:53.080 I don't know what else to say about it, Steve. 270 00:14:52.840 --> 00:14:55.519 But well, I mean, I'm sure John if he was 271 00:14:55.519 --> 00:14:58.440 with us, would give us maybe a B minus at 272 00:14:58.480 --> 00:15:00.639 best for not getting quite. I mean, I would think 273 00:15:00.679 --> 00:15:03.759 wouldn't the DC Circuit normally be the right of Pelop's 274 00:15:04.039 --> 00:15:05.120 court to rule on this? 275 00:15:05.279 --> 00:15:07.039 But that maybe takes more time. 276 00:15:07.080 --> 00:15:11.759 I don't know, But remember Roberts did issue the stay 277 00:15:11.799 --> 00:15:14.600 in the first one. This one, I, you know, kind 278 00:15:14.600 --> 00:15:17.960 of came out of nowhere as far as I can tell. 279 00:15:18.799 --> 00:15:22.879 But they refused to grant sucerari, so things will stay 280 00:15:22.919 --> 00:15:24.840 the way they are. Maybe what you said at the 281 00:15:24.919 --> 00:15:27.360 very beginning, Steve, I recall you said that they couldn't 282 00:15:27.399 --> 00:15:30.919 prove harm. Maybe somebody who actually can prove harm because 283 00:15:30.919 --> 00:15:31.279 of it? 284 00:15:31.559 --> 00:15:33.279 Oh, you're think of space versus I was thinking of 285 00:15:33.480 --> 00:15:37.360 the district the USA, do you funding? 286 00:15:37.399 --> 00:15:40.000 Yeah, we're mixing working our apples and oranges here, but. 287 00:15:40.039 --> 00:15:45.120 Let us yeah, I know, to escape John's harsh sugrading Panela. 288 00:15:45.240 --> 00:15:47.879 Wait wait before you go on on, John, he did 289 00:15:47.919 --> 00:15:49.840 actually have something to say. I just haven't had. I 290 00:15:50.559 --> 00:15:54.240 looked up the case after you you alerted me to it, 291 00:15:54.279 --> 00:15:58.639 and what I saw was John on Fox talking about it. 292 00:15:58.759 --> 00:16:01.480 But I've been so busy all day I couldn't stop 293 00:16:01.480 --> 00:16:03.600 and listen to a video because I've just been a meeting, 294 00:16:03.720 --> 00:16:05.559 So I need to go back. John had something to 295 00:16:05.559 --> 00:16:07.360 say about it, and that's why we miss you. John. 296 00:16:07.519 --> 00:16:08.120 Where are you? 297 00:16:08.600 --> 00:16:12.639 Well know, we've been on contact today about all kinds 298 00:16:12.679 --> 00:16:15.840 of bookkeeping stuff, of course, But all right, well let's 299 00:16:15.879 --> 00:16:20.879 move on from that territory, uh, and to something happier, 300 00:16:20.919 --> 00:16:23.279 which is Trump State of the Union speech. I guess 301 00:16:23.320 --> 00:16:25.679 not technically a state of the Union, but it looks. 302 00:16:25.440 --> 00:16:25.919 Like it, so that. 303 00:16:27.600 --> 00:16:29.799 There's an obscure reason for that. You can't give a 304 00:16:29.840 --> 00:16:31.679 state of the Union when you've only been in office 305 00:16:31.720 --> 00:16:32.279 for a month. 306 00:16:32.879 --> 00:16:35.559 Well except you know, we'll wait a minute. Le's stop 307 00:16:35.559 --> 00:16:35.840 on that. 308 00:16:36.279 --> 00:16:40.679 Article two simply says the president shall from time to time, 309 00:16:41.039 --> 00:16:44.879 doesn't say every year give information on the state. It 310 00:16:44.879 --> 00:16:46.440 does not have to be a speech before that. And 311 00:16:46.519 --> 00:16:49.240 for you know, one hundred plus years when the president 312 00:16:49.320 --> 00:16:51.440 sent letters and yeah, they would do it once. 313 00:16:51.360 --> 00:16:54.240 Again, starting with Jefferson, right, starting with Jeffrey. It sent 314 00:16:54.279 --> 00:16:55.159 an annual message. 315 00:16:55.159 --> 00:16:58.879 And so I don't think that technically speaking, it's I mean, 316 00:16:58.919 --> 00:16:59.679 I think this is fake. 317 00:16:59.799 --> 00:16:59.960 Same. 318 00:17:00.080 --> 00:17:03.080 It's not really a forget all that. The point was 319 00:17:03.360 --> 00:17:06.079 it was I didn't watch it live. I followed things 320 00:17:06.079 --> 00:17:08.319 on Twitter, noticing highlights, and I'm just a joint the 321 00:17:08.319 --> 00:17:11.880 heck out of it, because you know, the Democrats just things, 322 00:17:11.920 --> 00:17:15.599 displayed all their worst behavior and Trump was not relenting 323 00:17:15.640 --> 00:17:17.200 at all, and it was just glorious. 324 00:17:17.480 --> 00:17:20.240 Yeah, I mean, he handled it remarkably well. If you've 325 00:17:20.279 --> 00:17:22.160 ever been and I know you have, Steve. I know 326 00:17:22.240 --> 00:17:26.039 I have been in a crowd h never on television 327 00:17:26.079 --> 00:17:28.160 as a matter of fact, never on live TV to 328 00:17:28.200 --> 00:17:31.880 the whole world practically, but been hackled by somebody or 329 00:17:31.960 --> 00:17:34.200 some you know, more than one somebody in the crowd. 330 00:17:34.519 --> 00:17:37.559 It could be a bit unnerving. And he, you know, 331 00:17:37.599 --> 00:17:41.720 he just you can tell that that guy is completely 332 00:17:42.200 --> 00:17:44.839 at home in his own skin. Yeah, it may be 333 00:17:45.000 --> 00:17:47.480 can at times, but he's at home there. 334 00:17:47.839 --> 00:17:49.559 And you know that. 335 00:17:49.640 --> 00:17:55.119 The here's the big deal. The the I heard that 336 00:17:55.279 --> 00:18:01.119 Alyssa Slotkin, who gave the Democrats rejoinder response whatever it is, 337 00:18:02.400 --> 00:18:06.440 was praised more by conservatives and Republicans than she was 338 00:18:06.480 --> 00:18:08.799 by people in her own party and the left. 339 00:18:08.880 --> 00:18:10.599 Oh yeah, because if you know our. 340 00:18:10.480 --> 00:18:13.359 Comments about the CIA, this and that anyway, neither here 341 00:18:13.400 --> 00:18:16.759 nor there. So the left has doubled down on their stupidity. 342 00:18:17.160 --> 00:18:23.079 The left has doubled down on their ideological hackery. I 343 00:18:23.079 --> 00:18:24.839 don't know whatever other way to put it. I mean, 344 00:18:25.279 --> 00:18:29.359 if you can't at least smile, you don't have to 345 00:18:29.359 --> 00:18:31.559 get up and cheer. I know that it's a you know, 346 00:18:31.599 --> 00:18:33.519 it's a bit of a political stunt to bring a 347 00:18:33.720 --> 00:18:38.440 fourteen year old boy who's had thirteen brain surgeries up 348 00:18:38.480 --> 00:18:43.039 and you know, make him an honorary Secret Service agent 349 00:18:43.839 --> 00:18:46.519 because he was supposed to only live five months, thirteen 350 00:18:46.599 --> 00:18:49.319 years ago, whatever it was. If you can't at least 351 00:18:49.400 --> 00:18:51.440 smile at that, if you have to sit there looking 352 00:18:51.559 --> 00:18:55.240 grim and sour and dower, you're just a horrible person. 353 00:18:55.440 --> 00:18:56.200 I'm sorry. 354 00:18:56.480 --> 00:18:59.240 No, they look well all there's stunts, you mean, holding 355 00:18:59.279 --> 00:19:02.480 up these little power board signs and and you know, 356 00:19:02.599 --> 00:19:04.880 walking out at periodic moments. 357 00:19:05.599 --> 00:19:08.160 Yeah, but did you did see I hope that Tim. 358 00:19:08.440 --> 00:19:11.559 I'm already forgotten his name. It's okay, he's passed on 359 00:19:11.640 --> 00:19:16.160 to another place. But so so he he wasn't al Green, 360 00:19:16.319 --> 00:19:19.759 but he was another congressman from the Houston area in 361 00:19:19.799 --> 00:19:23.640 Texas who had just been elected to fill Sheila Jackson 362 00:19:23.720 --> 00:19:28.240 Lee's seat because she died in office. So he went 363 00:19:28.279 --> 00:19:32.240 to the speech, posted something very derogatory about Trump and 364 00:19:32.279 --> 00:19:34.640 said he's you know, I'm not going to let you 365 00:19:34.759 --> 00:19:39.519 kill our Medicare, Medicaid whatever and as if, as if, 366 00:19:39.599 --> 00:19:42.359 but anyway, and then he went to the hospital. The 367 00:19:42.400 --> 00:19:43.680 hospital sent him home and he died. 368 00:19:44.039 --> 00:19:47.160 Yeah, yeah, no, it's uh, yeah, there you go. 369 00:19:47.920 --> 00:19:52.720 I don't know that that Trump effect is pretty pretty incredible. 370 00:19:53.240 --> 00:19:55.279 Well, the House is closest to this, and people have 371 00:19:55.319 --> 00:19:57.680 been saying, Sentinel member, it's going to depend on you know, 372 00:19:57.720 --> 00:19:59.880 who's sick or who dies in office, who controls the 373 00:20:00.359 --> 00:20:02.079 so you know there and. 374 00:20:02.079 --> 00:20:06.519 Actually with the three because of that, with the I 375 00:20:06.559 --> 00:20:11.599 have no idea about that district. I imagine they'll. 376 00:20:10.279 --> 00:20:11.720 Oh, it's a Democratic district. 377 00:20:11.799 --> 00:20:14.559 Yeah, yeah, and and and somebody else will come in 378 00:20:14.680 --> 00:20:17.720 like that. But at the same time, for the time being, 379 00:20:18.640 --> 00:20:21.640 the Republicans maintain a little bit bigger of a majority. 380 00:20:21.680 --> 00:20:25.319 And if the three all good, the three Republican districts 381 00:20:25.359 --> 00:20:28.839 that are up because Trump stole those people for his administration, 382 00:20:30.480 --> 00:20:34.839 they will they will have an even larger majority. 383 00:20:35.279 --> 00:20:36.400 I mean, well, what's happening. 384 00:20:36.519 --> 00:20:38.359 I don't know how many listeners know this, but uh, 385 00:20:38.920 --> 00:20:41.359 Trump wants at least Stefanic to be you an ambassador. 386 00:20:41.839 --> 00:20:45.079 Now he has not formally made her nomination because the 387 00:20:45.079 --> 00:20:48.079 New York government, you know Democrats, they are. 388 00:20:47.880 --> 00:20:50.759 Delaying or saying they will delay the special election to 389 00:20:50.759 --> 00:20:52.720 fill her seat on something like September. 390 00:20:53.400 --> 00:20:55.319 And that's just a naked play to try and steal 391 00:20:55.359 --> 00:20:58.359 a seat or you know, drop of Republicans down wanted to. 392 00:20:59.079 --> 00:21:01.880 So Stefanic for now is not resigning. 393 00:21:01.799 --> 00:21:06.000 To go through the confirmation process to be UN ambassador. 394 00:21:06.079 --> 00:21:08.279 And so anyway, and. 395 00:21:08.240 --> 00:21:10.160 You know what, she's more important in the House because 396 00:21:10.200 --> 00:21:13.400 nobody gives a damn about the UN. I think instead 397 00:21:13.440 --> 00:21:17.160 of instead of making a least Stephanic, UN ambassador should 398 00:21:17.160 --> 00:21:19.720 just stop funding the UN and say we're done. 399 00:21:19.960 --> 00:21:22.119 Well, that's that's true, although I would like to be 400 00:21:22.160 --> 00:21:25.480 fun to have our ambassador telling them off again like 401 00:21:25.519 --> 00:21:27.640