1 00:00:04,879 --> 00:00:05,599 Speaker 1: What's going on? 2 00:00:05,759 --> 00:00:08,119 Speaker 2: Thank you so much for listening to this podcast. It 3 00:00:08,240 --> 00:00:10,080 is heard live every day from noon to three on 4 00:00:10,240 --> 00:00:13,839 WBT Radio in Charlotte. And if you want exclusive content 5 00:00:14,000 --> 00:00:17,160 like invitations to events, the weekly live stream, my daily 6 00:00:17,199 --> 00:00:19,480 show prep with all the links, become a patron, go 7 00:00:19,559 --> 00:00:23,399 to vpeteclendershow dot com. Make sure you hit the subscribe button. 8 00:00:23,440 --> 00:00:26,320 Get every episode for free right to your smartphone or tablet. 9 00:00:26,359 --> 00:00:29,440 And again, thank you so much for your support. Speaking 10 00:00:29,480 --> 00:00:31,399 of the Supreme Court, but actually this is actually the 11 00:00:31,480 --> 00:00:33,960 best of Supreme Court at all. Well, but it is 12 00:00:34,079 --> 00:00:36,280 kind of because I expect this is going to get 13 00:00:36,280 --> 00:00:43,799 litigated too. The Justice Department issued a final rule updating 14 00:00:43,920 --> 00:00:50,000 its regulations under Title VI. Some people call it Title 15 00:00:50,079 --> 00:00:54,799 six of the Civil Rights Act of nineteen sixty four. 16 00:00:56,079 --> 00:00:56,719 Speaker 1: This rule. 17 00:00:57,520 --> 00:01:00,320 Speaker 2: This is according to the Justice Department Press Relief Here. 18 00:01:01,079 --> 00:01:06,040 The rule ensures that the federal civil rights laws are 19 00:01:06,159 --> 00:01:13,000 firmly grounded in the principle of equal treatment under the law. 20 00:01:16,079 --> 00:01:20,319 I am as shocked as you. What is it going 21 00:01:20,400 --> 00:01:27,519 to do? The rule change? The rule update eliminates disparate 22 00:01:28,319 --> 00:01:32,760 impact liability. 23 00:01:33,879 --> 00:01:35,799 Speaker 1: Good good. 24 00:01:37,319 --> 00:01:42,159 Speaker 2: I have talked about this disparate impact for all sorts 25 00:01:42,200 --> 00:01:45,519 of cases over the years, I mean, just for so long. 26 00:01:46,760 --> 00:01:50,159 This is basically where you don't actually have to prove 27 00:01:51,239 --> 00:01:56,040 that there was any kind of discrimination intended by somebody 28 00:01:56,120 --> 00:02:00,879 or some company or drawing legislative maps for example. This 29 00:02:01,000 --> 00:02:08,039 disparate impact idea has permeated so much of gov CO, 30 00:02:09,319 --> 00:02:16,719 even the private sector. I've seen people that correlate and 31 00:02:16,800 --> 00:02:21,840 they argue that its causation is that ever since this 32 00:02:21,919 --> 00:02:27,960 disparate impact liability became the norm or was passed or 33 00:02:28,080 --> 00:02:33,479 was interpreted into existence, I think it was like seventy 34 00:02:33,520 --> 00:02:36,800 one or seventy two, nineteen seventy one or seventy two 35 00:02:36,840 --> 00:02:42,199 timeframe for the last fifty years. Ever since then, productivity 36 00:02:42,439 --> 00:02:46,599 has slowed. And I've seen the charts. Now, I don't know, 37 00:02:46,639 --> 00:02:49,520 I'm not an economist. I just I've seen the argument 38 00:02:49,599 --> 00:02:52,080 being made, and it's kind of persuasive. 39 00:02:52,960 --> 00:02:53,280 Speaker 1: Why. 40 00:02:54,039 --> 00:02:59,439 Speaker 2: Because companies became so worried about being sued and not 41 00:02:59,520 --> 00:03:03,599 being able to defend themselves that they dialed back on 42 00:03:03,800 --> 00:03:09,639 hiring based on merit and they started trying to check boxes, 43 00:03:10,960 --> 00:03:14,719 and in doing so, they lost productivity because they were 44 00:03:14,719 --> 00:03:17,680 no longer trying to get the best people, the best 45 00:03:17,719 --> 00:03:21,039 candidates for the job. They were trying to avoid lawsuits 46 00:03:21,400 --> 00:03:24,280 that they would be unable to defend themselves against, and 47 00:03:24,360 --> 00:03:28,639 not because they actually discriminated. It was because the disparate 48 00:03:28,800 --> 00:03:35,280 impact analysis. What is the disparate impact analysis. It is 49 00:03:35,319 --> 00:03:40,159 to say, if you have, like, let's say you're hiring 50 00:03:40,439 --> 00:03:45,599 for firefighters, for example, and you want your firefighters to 51 00:03:45,639 --> 00:03:48,759 be able to drag a two hundred and fifty pound 52 00:03:49,560 --> 00:03:54,759 sack of weights in order to mimic, you know, dragging 53 00:03:54,800 --> 00:03:58,199 a body out of a burning fire. And so you 54 00:03:59,240 --> 00:04:02,360 put in the criteria for the job description that you 55 00:04:02,479 --> 00:04:05,240 have to be able to drag two hundred and fifty pounds, 56 00:04:06,639 --> 00:04:11,199 and then the people who go through the fire academy 57 00:04:12,000 --> 00:04:16,199 who are able to do that, they get hired. The 58 00:04:16,240 --> 00:04:18,759 people who can't drag the two fifty they don't get hired. 59 00:04:18,800 --> 00:04:21,439 They don't make it through. And then you look at 60 00:04:21,480 --> 00:04:25,759 the graduating class from the academy and it's all men. 61 00:04:29,519 --> 00:04:34,079 That would indicate that, according to disparate impact analysis, that 62 00:04:34,120 --> 00:04:39,560 would indicate that you are discriminating against women. We're looking 63 00:04:39,600 --> 00:04:43,600 at the outcome and we're saying, ugh, this outcome shows 64 00:04:43,600 --> 00:04:46,279 that only guys have the job. Well, that means that 65 00:04:46,319 --> 00:04:51,720 you're discriminating against women, even though there is a real 66 00:04:51,839 --> 00:04:54,839 interest in setting up the criteria to drag two hundred 67 00:04:54,839 --> 00:04:56,439 and fifty pounds. 68 00:04:57,000 --> 00:04:59,600 Speaker 1: That's one example. Like I said, this is all over 69 00:04:59,639 --> 00:05:00,000 the place. 70 00:05:00,000 --> 00:05:05,079 Speaker 2: This idea, this disparate impact idea, permeates all sorts of 71 00:05:05,720 --> 00:05:11,720 rules and issues and hiring systems and such. Back to 72 00:05:11,759 --> 00:05:16,079 the DOJ's press release quote from Attorney General Pam Bondi, 73 00:05:17,120 --> 00:05:21,519 for decades, the Justice Department has used disparate impact liability 74 00:05:22,000 --> 00:05:25,319 to undermine the constitutional principle that all Americans must be 75 00:05:25,360 --> 00:05:29,600 treated equally under the law. No longer, this Department of 76 00:05:29,759 --> 00:05:32,959 Justice is eliminating its regulations that for far too long 77 00:05:33,040 --> 00:05:38,480 required recipients of federal funding to make decisions based on race. 78 00:05:39,839 --> 00:05:41,160 Speaker 1: This is another example. 79 00:05:42,319 --> 00:05:49,279 Speaker 2: Is racial outcomes, ethnic outcomes, gender outcomes. Right, anything that 80 00:05:49,360 --> 00:05:52,639 you can point to that says, oh, there's a disproportionate 81 00:05:52,800 --> 00:05:57,079 number of people of a certain ethnic, racial, or gender 82 00:05:57,120 --> 00:06:02,519 class that end up getting the job, getting a contract 83 00:06:02,560 --> 00:06:05,519 or something. If you can, if you can decipher any 84 00:06:05,680 --> 00:06:11,439 kind of disproportionality, then that's de facto proof of an intent, 85 00:06:11,879 --> 00:06:17,560 even though there's no evidence of intent to discriminate. The 86 00:06:17,560 --> 00:06:23,519 prior disparate impact regulations encouraged people to file lawsuits challenging 87 00:06:23,800 --> 00:06:30,360 racially neutral policies without any evidence of intentional discrimination. That's 88 00:06:30,360 --> 00:06:35,160 according to the Assistant Attorney General Harmey Dillon, she oversees 89 00:06:35,240 --> 00:06:39,399 the DOJ's Civil Rights Division. She says, our rejection of 90 00:06:39,399 --> 00:06:43,839 this theory will restore true equality under the law by 91 00:06:43,920 --> 00:06:50,120 requiring proof of actual discrimination rather than enforcing race or 92 00:06:50,160 --> 00:06:55,959 sex based quotas or assumptions. This is the same argument, 93 00:06:56,000 --> 00:07:03,600 this disparate impact analysis. It's the same thinking that is 94 00:07:03,639 --> 00:07:10,120 always wrapped up in the redistricting lawsuits. Right, North Carolina 95 00:07:10,160 --> 00:07:13,319 was ground zero for this kind of analysis. We saw 96 00:07:13,360 --> 00:07:18,680 it repeatedly, which was the North Carolina Republicans draw the maps, 97 00:07:19,279 --> 00:07:24,120 they get sued. They're accused of drawing racially discriminatory maps. 98 00:07:24,800 --> 00:07:29,600 Why well, because well Democrats, it's the suit till blues strategy. 99 00:07:29,680 --> 00:07:34,399 But they say, oh, you moved around too many black voters, 100 00:07:35,600 --> 00:07:38,680 and so the court says you can't use any kind 101 00:07:38,720 --> 00:07:42,360 of racial data. So the Republicans say, fine, we'll use 102 00:07:42,439 --> 00:07:47,560 partisan data. Only they use partisan data. And then the 103 00:07:47,639 --> 00:07:50,959 lawsuits come again and they're like, you're still using racial data, 104 00:07:51,000 --> 00:07:52,800 and the Republicans are like, we are not. We are 105 00:07:52,839 --> 00:07:59,240 strictly using Republican and Democrat partisan registration data and voter trends. 106 00:08:00,560 --> 00:08:06,199 But because the outcome looks the same, because ninety percent 107 00:08:06,279 --> 00:08:12,000 plus of black voters vote Democrat, then you look at 108 00:08:12,000 --> 00:08:16,079 the outcome and the outcome looks discriminatory even though there's 109 00:08:16,120 --> 00:08:20,519 no intent to racially discriminate. And so it's like you 110 00:08:20,560 --> 00:08:25,519 don't even have to prove intent, which is at odds 111 00:08:25,720 --> 00:08:29,120 with the point of the Civil Rights Act. You're not 112 00:08:29,120 --> 00:08:34,159 supposed to discriminate based on race, but by doing disparate 113 00:08:34,240 --> 00:08:38,840 impact analysis, it forces you to discriminate based on race, 114 00:08:39,519 --> 00:08:42,519 because now you're looking at people's race and you're saying, 115 00:08:42,639 --> 00:08:46,320 we don't have enough of a certain minority or a 116 00:08:46,360 --> 00:08:49,519 certain gender or whatever. We don't have enough of them 117 00:08:50,000 --> 00:08:53,279 in order to avoid a lawsuit, so let's hire more 118 00:08:53,320 --> 00:08:58,159 of them. 119 00:08:55,840 --> 00:08:56,919 Speaker 1: Which is discrimination. 120 00:08:57,879 --> 00:08:58,039 Speaker 3: You know. 121 00:08:58,120 --> 00:09:00,639 Speaker 2: Stories are powerful. They help us make sense of things, 122 00:09:00,679 --> 00:09:04,120 to understand experiences. Stories connect us to the people of 123 00:09:04,120 --> 00:09:07,440 our past while transcending generations. They help us process the 124 00:09:07,519 --> 00:09:10,960 meaning of life, and our stories are told through images 125 00:09:11,000 --> 00:09:14,799 and videos. Preserve your stories with Creative Video started in 126 00:09:14,879 --> 00:09:17,720 nineteen ninety seven, and Minhill, North Carolina. It was the 127 00:09:17,759 --> 00:09:21,720 first company to provide this valuable service, converting images, photos 128 00:09:21,720 --> 00:09:25,960 and videos into high quality produced slide shows, videos and albums. 129 00:09:26,159 --> 00:09:29,519 The trusted, talented and dedicated team at Creative Video will 130 00:09:29,519 --> 00:09:31,600 go over all of the details with you to create 131 00:09:31,600 --> 00:09:35,480 a perfect project. Satisfaction guaranteed. Drop them off in person 132 00:09:35,559 --> 00:09:37,320 or mail them. They'll be ready in a week or two. 133 00:09:37,519 --> 00:09:42,720 Memorial videos for your loved ones, videos for rehearsal, dinners, weddings, graduations, Christmas, 134 00:09:42,840 --> 00:09:47,039 family vacations, birthdays, or just your family stories, all told 135 00:09:47,080 --> 00:09:50,799 through images. That's what your photos and videos are. They 136 00:09:50,799 --> 00:09:53,639 are your life told through the eyes of everyone around 137 00:09:53,679 --> 00:09:55,960 you and all who came before you, and they will 138 00:09:55,960 --> 00:09:59,320 tell others to come who you are. Visit creative video 139 00:09:59,519 --> 00:10:02,919 dot com. Let me jump over and chat with Corey. 140 00:10:03,000 --> 00:10:03,759 Welcome to the show. 141 00:10:03,840 --> 00:10:06,519 Speaker 3: Corey. Hey you sweet, thank you for taking my car? 142 00:10:06,639 --> 00:10:07,440 Speaker 1: Sure what's going on? 143 00:10:08,279 --> 00:10:11,399 Speaker 3: Spost? I gave you your screen or my message here. 144 00:10:12,080 --> 00:10:15,240 I'm a worker at Walmart and I know a lot 145 00:10:15,320 --> 00:10:18,000 of ladies are probably gonna be upset with but it 146 00:10:18,240 --> 00:10:23,519 irritates myself that we hire people, tell them the qualifications 147 00:10:23,519 --> 00:10:26,000 to get the job, then when they get the job. 148 00:10:26,080 --> 00:10:28,519 They can't lift a tire. They can't lift a battery. 149 00:10:28,639 --> 00:10:30,600 Now I got to do three to four times for 150 00:10:30,720 --> 00:10:32,279 work at the same PASDM. 151 00:10:33,080 --> 00:10:35,960 Speaker 1: Yeah, yeah, they get you. Hey, Corey, come lift this 152 00:10:36,120 --> 00:10:38,919 tire for me. I can't lift it. But they were Yeah. 153 00:10:38,919 --> 00:10:41,080 Speaker 2: I mean theoretically they're supposed to be able to lift 154 00:10:41,320 --> 00:10:43,960 you know, fifty pounds or something unassisted. 155 00:10:43,480 --> 00:10:47,639 Speaker 3: Right, yes, sir, Yeah, But as soon as I say something, oh, Corey, 156 00:10:47,720 --> 00:10:50,240 that's the squarem in eight, I'm like, what, so it's 157 00:10:50,320 --> 00:10:54,039 all right to work me to my grave. Yeah. 158 00:10:54,159 --> 00:10:54,200 Speaker 1: No. 159 00:10:54,720 --> 00:10:58,039 Speaker 2: And the reason why is that they're afraid of being 160 00:10:58,120 --> 00:11:01,679 sued by somebody who would say, oh, well, look, you know, 161 00:11:01,720 --> 00:11:06,039 you're not hiring women in the automotive department I'm assuming 162 00:11:06,120 --> 00:11:08,320 is where you are that they're not. They're not, you know, 163 00:11:08,519 --> 00:11:12,039 they're not hiring enough females in that department. Therefore that's 164 00:11:12,080 --> 00:11:15,360 the facto proof of discrimination. And so in order to 165 00:11:15,399 --> 00:11:19,720 avoid those lawsuits, they hire people without any kind of 166 00:11:20,559 --> 00:11:23,080 adherence to the criteria. 167 00:11:23,399 --> 00:11:25,960 Speaker 3: I understand it, and I think we just as society, 168 00:11:26,080 --> 00:11:28,639 we need to be honest with each other. Men can't 169 00:11:28,639 --> 00:11:31,559 do everything women do. Women can't do everything men do. 170 00:11:32,159 --> 00:11:33,639 And let's just be honest what I said. 171 00:11:33,720 --> 00:11:36,919 Speaker 2: Whoa, whoa, whoa, whoa whoa? Are you suggesting that men 172 00:11:36,960 --> 00:11:38,600 and women might be different somehow? 173 00:11:39,840 --> 00:11:42,080 Speaker 3: Oh yes, sir, I'm going to go out on our 174 00:11:42,159 --> 00:11:46,399 huge lamb with that, right. Well, go ahead and starting 175 00:11:46,480 --> 00:11:47,000 off the limb. 176 00:11:47,080 --> 00:11:49,360 Speaker 1: That's right, man, that might get you canceled, Corey. I 177 00:11:49,360 --> 00:11:50,840 appreciate the call, sir, Thanks. 178 00:11:50,679 --> 00:11:51,639 Speaker 3: So much, Thank you, sir. 179 00:11:51,679 --> 00:11:54,320 Speaker 2: All right, take it easy. Yeah, I mean, this is 180 00:11:54,360 --> 00:11:57,399 the problem. It is discrimination and I have since abandoned 181 00:11:58,399 --> 00:12:05,399 or long since abandoned, the quote unquote reverse discrimination phrase, 182 00:12:05,480 --> 00:12:09,240 because there is no such thing as reverse discrimination. It's 183 00:12:09,320 --> 00:12:16,000 all just discrimination, that's what it is. It's and recognizing 184 00:12:16,039 --> 00:12:19,200 that somebody like a female working in a warehouse may 185 00:12:19,200 --> 00:12:21,399 not be able to lift. And that doesn't mean all 186 00:12:21,480 --> 00:12:24,200 women hashtag not all women. I'm not saying that. I'm 187 00:12:24,200 --> 00:12:27,559 not saying that no woman could lift the same amount 188 00:12:27,559 --> 00:12:28,200 of weight as a man. 189 00:12:28,279 --> 00:12:29,039 Speaker 1: I'm not saying that. 190 00:12:29,480 --> 00:12:31,200 Speaker 2: What I'm saying is that if a woman applies for 191 00:12:31,240 --> 00:12:35,039 the warehouse gig and she can lift all of the 192 00:12:35,039 --> 00:12:37,799 same weight requirements that a guy can lift, then she 193 00:12:37,799 --> 00:12:40,200 should get the job too. Now, if you're not giving 194 00:12:40,240 --> 00:12:42,960 her the job because she's a woman, Like, that's pretty stupid. 195 00:12:43,039 --> 00:12:45,279 I mean, you're trying to hire somebody that can lift 196 00:12:45,279 --> 00:12:47,879 the weight. Doesn't matter who can lift the weight, right, 197 00:12:48,440 --> 00:12:52,360 that's all that should matter. That's your criteria. But if 198 00:12:52,399 --> 00:12:55,879 you set a criteria out and then you're not following 199 00:12:55,919 --> 00:12:59,000 it in order to hire people, so you're checking boxes 200 00:12:59,399 --> 00:13:03,879 so you don't get sued, that means you're discriminating against people. 201 00:13:04,679 --> 00:13:07,559 You're discriminating against other people that would otherwise have gotten 202 00:13:07,600 --> 00:13:12,679 the job because they can lift the weight. Back to 203 00:13:12,759 --> 00:13:18,360 the DOJ press release here, for over fifty years, this 204 00:13:18,480 --> 00:13:21,360 is a statement from the chief of Staff and supervisory 205 00:13:21,399 --> 00:13:25,080 official for the Office of Legal Policy. Try to put 206 00:13:25,080 --> 00:13:28,679 that on a business card, Nicholas Shilling quote. For over 207 00:13:28,720 --> 00:13:33,679 fifty years, the prior disparate Impact rule fostered the very 208 00:13:33,799 --> 00:13:36,919 thing that the Civil Rights Act of nineteen sixty four prohibited, 209 00:13:37,200 --> 00:13:41,759 which is the discrimination on the basis of race, color, 210 00:13:42,039 --> 00:13:47,080 or national origin. With today's rule, the Department reaffirms Congress's 211 00:13:47,159 --> 00:13:53,200 commitment to measure all Americans by merit. Congress enacted Title 212 00:13:53,440 --> 00:13:56,120 six as part of the landmark Civil Rights Act of 213 00:13:56,159 --> 00:14:01,639 nineteen sixty four. It prohibits discriminating on the basis of race, color, 214 00:14:01,679 --> 00:14:05,679 and national origin in programs and activities that get federal 215 00:14:05,720 --> 00:14:11,360 financial assistance. In nineteen seventy three, the federal government added 216 00:14:11,399 --> 00:14:14,759 to the law a new rule. Say here's the problem. 217 00:14:14,840 --> 00:14:16,480 This is what I was talking about in the last 218 00:14:16,600 --> 00:14:22,639 hour with Congress delegating this rule making authority to these 219 00:14:22,720 --> 00:14:27,240 quote independent agencies or government departments, and it lets them 220 00:14:27,279 --> 00:14:28,200 make up the rules. 221 00:14:28,919 --> 00:14:30,720 Speaker 1: And when this was not something. 222 00:14:30,399 --> 00:14:34,200 Speaker 2: That Congress passed, Congress didn't say, hey, we're going to 223 00:14:34,279 --> 00:14:34,919 do quotas. 224 00:14:35,080 --> 00:14:35,799 Speaker 1: They didn't say that. 225 00:14:36,080 --> 00:14:38,080 Speaker 2: I mean, they did with maybe affirmative action, but they 226 00:14:38,080 --> 00:14:40,679 didn't do that with the Civil Rights Act. They simply 227 00:14:40,720 --> 00:14:44,799 said you cannot discriminate based on race, color, or national origin. 228 00:14:46,960 --> 00:14:52,240 And so they created this disparate impact rule that was 229 00:14:52,360 --> 00:14:56,360 not part of the law, and it refers to the 230 00:14:56,399 --> 00:15:03,440 concept of imposing liabilities on a federal fund recipient only 231 00:15:03,519 --> 00:15:08,279 because there may be different outcomes for different people, even 232 00:15:08,320 --> 00:15:12,840 when there is no proof that the different outcomes were 233 00:15:12,919 --> 00:15:16,559 due to prejudice or due to an intent to discriminate. 234 00:15:17,960 --> 00:15:24,879 Title six has and will continue to prohibit intentional discrimination. Now, look, 235 00:15:25,039 --> 00:15:28,600 you can look at the outcomes and say, Wow, this 236 00:15:28,679 --> 00:15:32,879 company isn't hiring any isn't hiring any Hispanics, isn't hiring 237 00:15:32,919 --> 00:15:35,320 any blacks, isn't hiring any whites. It's not hiring you 238 00:15:35,360 --> 00:15:38,759 know one demographic of people. You can use that as evidence, 239 00:15:39,519 --> 00:15:43,360 but that isn't in and of itself proof of discrimination. 240 00:15:43,759 --> 00:15:48,799 You've got to have something else to rebut the or 241 00:15:48,840 --> 00:15:52,080 to prop up your argument, right, to buttress your argument. 242 00:15:53,080 --> 00:15:57,679 The Department's view, the new rule ensures that recipients of 243 00:15:57,720 --> 00:16:01,200 federal funding will be judged on their actual content, not 244 00:16:01,399 --> 00:16:08,240 on statistical outcomes or circumstances beyond their control. Here's a 245 00:16:08,240 --> 00:16:11,080 great idea. 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Call her text eight two eight 264 00:17:13,319 --> 00:17:16,519 three six seven seventy sixty eight or check out all 265 00:17:16,559 --> 00:17:19,359 there is to offer at Cabins Offashville dot com and 266 00:17:19,440 --> 00:17:23,720 make memories that'll last a lifetime. On Twitter message from 267 00:17:23,880 --> 00:17:29,200 Russ with a feel good disparate impact story. A while back, 268 00:17:29,240 --> 00:17:31,640 I saw a story about a former marine twenty five 269 00:17:31,720 --> 00:17:35,640 year fireman whose daughter wanted to join the fire department. 270 00:17:36,279 --> 00:17:38,880 He would not give her his blessing until she could 271 00:17:39,000 --> 00:17:42,440 drag and carry him six foot two, two hundred and 272 00:17:42,480 --> 00:17:45,240 thirty five pounds. She had to drag him one hundred 273 00:17:45,279 --> 00:17:49,319 yards and then he would give her his blessing. It 274 00:17:49,359 --> 00:17:51,839 took her almost a year to build up her strength 275 00:17:51,880 --> 00:17:55,240 and endurance to do it, but she did and Dad 276 00:17:55,240 --> 00:18:00,000 could not have been more proud. A good story, Russ, 277 00:18:00,039 --> 00:18:02,240 thank you. Uh let me see here, if there's a 278 00:18:07,200 --> 00:18:11,839 David on the text line says reverse discrimination should better 279 00:18:11,839 --> 00:18:15,880 be called unexpected discrimination. That's the thing. You don't need 280 00:18:15,920 --> 00:18:20,160 any adjectives or qualifiers. It's just discrimination, that's all it is. 281 00:18:20,640 --> 00:18:24,440 It's the same thing. Seven oh four numbers says Corey 282 00:18:24,559 --> 00:18:29,359 was the best caller I've ever heard on your show. Well, well, 283 00:18:29,400 --> 00:18:30,839 as long as you said it's not the best thing 284 00:18:31,119 --> 00:18:34,359 anyone's ever said on my show, then that's fine. 285 00:18:34,480 --> 00:18:37,079 Speaker 1: It's the best caller. That removes me from the contest. 286 00:18:37,200 --> 00:18:43,359 So all right, he was great. Corey was great. Okay. 287 00:18:43,400 --> 00:18:47,160 Speaker 2: So the Daily Caller News Foundation reporting that Senate Republican 288 00:18:47,240 --> 00:18:51,599 leadership announced that they will bring their own healthcare proposal 289 00:18:51,759 --> 00:18:56,640 to a floor vote. This will run in parallel with 290 00:18:56,799 --> 00:19:04,640 the Democrats push for an extension of the enhanced Obamacare subsidies. Okay, 291 00:19:05,160 --> 00:19:07,880 so this was part of the deal with the Schumer 292 00:19:08,000 --> 00:19:11,720 shut down in order to get the government reopened, the 293 00:19:11,759 --> 00:19:16,400 Senate promised Senate Republicans promised Senate Democrats that they will 294 00:19:16,480 --> 00:19:20,240 let the Democrats bring forward their proposal. That's what the 295 00:19:20,839 --> 00:19:26,400 Democrats claim to have one in order to reopen the government. 296 00:19:27,200 --> 00:19:30,079 And most people watching said, well, they offered you that 297 00:19:30,200 --> 00:19:31,799 like a month ago. Why didn't you take it a 298 00:19:31,839 --> 00:19:36,119 month ago? Other people said, well, why would you have 299 00:19:36,119 --> 00:19:40,839 shut down the government for that right? The Senate is 300 00:19:40,880 --> 00:19:45,519 scheduled to vote tomorrow on the Democrats proposal, which is 301 00:19:45,519 --> 00:19:50,640 a three year extension of the boosted subsidies right the 302 00:19:51,400 --> 00:19:56,799 increase the enhanced subsidies to Obamacare Democrats had secured as 303 00:19:56,920 --> 00:20:00,000 part of the deal that ended the record breaking government 304 00:20:00,079 --> 00:20:02,880 and shutdown for the promise to vote on these subsidies. 305 00:20:03,839 --> 00:20:05,839 That was what they wanted in order to end the 306 00:20:05,839 --> 00:20:08,839 deal which they were offered, but they rejected for weeks 307 00:20:08,839 --> 00:20:11,400 and weeks and weeks until after the No Kings rallies, 308 00:20:11,799 --> 00:20:17,319 and then after the election, the November election, and then 309 00:20:17,359 --> 00:20:20,319 after all of that and they didn't need it any more, 310 00:20:20,400 --> 00:20:25,160 They didn't need the shutdown anymore for political sloganeering and such. 311 00:20:25,720 --> 00:20:28,480 Then they agreed to the thing that the Republican said 312 00:20:28,480 --> 00:20:33,680 they could already do. Following internal debate over several Republican 313 00:20:33,720 --> 00:20:36,920 health care proposals and whether to schedule a side by 314 00:20:36,960 --> 00:20:43,200 side vote, GOP senators coalesced around a health savings account 315 00:20:43,359 --> 00:20:49,720 based approach. All right, So what the Republican plan. It's 316 00:20:49,759 --> 00:20:54,640 called the Healthcare Freedom for Patients Act. Under the plan, 317 00:20:55,559 --> 00:20:59,960 between one thousand to fifteen hundred dollars will be depot 318 00:21:00,000 --> 00:21:05,519 posited into hsas. The hsas would be paired up with 319 00:21:06,640 --> 00:21:11,279 the bronze plans on the Obamacare Exchange. And if you've 320 00:21:11,279 --> 00:21:13,200 never been over there, they have a Bronze, a Silver, 321 00:21:13,279 --> 00:21:17,559 and a gold plan. But everybody who's offering the plans 322 00:21:18,200 --> 00:21:23,519 they all have to offer the same coverages, which you 323 00:21:23,640 --> 00:21:26,319 have to offer the same coverages. There's really not any 324 00:21:26,400 --> 00:21:28,799 kind of unique value proposition going on there. You don't 325 00:21:28,799 --> 00:21:32,119 have a unique position against competitors because you have to 326 00:21:32,160 --> 00:21:36,759 offer the same coverages, and like, you know, fifty year 327 00:21:36,799 --> 00:21:42,640 old dudes have to carry insurance coverage for pregnancy, which 328 00:21:42,640 --> 00:21:47,039 is kind of weird, you know. So the hsas would 329 00:21:47,039 --> 00:21:50,079 be seeded with one thousand to fifteen hundred dollars. They 330 00:21:50,119 --> 00:21:52,960 would be tied to the bronze plans or catastrophic plans 331 00:21:53,039 --> 00:21:59,519 on the Affordable Care Act exchanges. As I read this, 332 00:21:59,519 --> 00:22:02,599 this is not for private plans, So if you have 333 00:22:02,640 --> 00:22:05,960 an HSA through your employer, for example, you're not getting 334 00:22:05,960 --> 00:22:10,839 this subsidy. It's just for people on the exchanges. The 335 00:22:10,960 --> 00:22:15,480 idea of redirecting federal subsidies from insurance companies directly to 336 00:22:15,599 --> 00:22:20,440 individuals has the backing of the President, so that's going 337 00:22:20,519 --> 00:22:25,680 to be the sales pitch here from Republicans. They're not 338 00:22:25,880 --> 00:22:31,279 dismantling Obamacare. They're simply saying we are going to divert 339 00:22:31,279 --> 00:22:34,440 the money away from insurance companies and send it directly 340 00:22:34,480 --> 00:22:39,000 to the individual, sort of like a voucher, if you will, 341 00:22:39,079 --> 00:22:43,559 but not really. It's an individual health savings account, so 342 00:22:43,599 --> 00:22:45,920 that's yours. You get to make the choices on it. 343 00:22:45,960 --> 00:22:48,079 So I'm sure this will get all sorts of opposition 344 00:22:48,160 --> 00:22:50,559 because Democrats are pro choice on only one thing. 345 00:22:52,599 --> 00:22:56,440 Speaker 1: They don't like school choice, which is weird because the voucher. 346 00:22:56,839 --> 00:22:57,799 We already do this with. 347 00:22:59,440 --> 00:23:02,039 Speaker 2: Medicare, like you get to go to your own doctors basically, 348 00:23:02,039 --> 00:23:04,960 and it's essentially a voucher system. But for some reason. 349 00:23:06,359 --> 00:23:08,960 They're okay with that, but they're not okay with school vouchers. 350 00:23:08,960 --> 00:23:12,799 But I digress. Trump has warned that extending the Obamacare 351 00:23:12,839 --> 00:23:17,640 subsidies like Democrats want would hand insurance companies a huge 352 00:23:17,680 --> 00:23:20,599 payday at the expense of the American people, which, of 353 00:23:20,640 --> 00:23:24,960 course it does. He is correct about that. Democrats, meanwhile, 354 00:23:25,200 --> 00:23:28,599 are pressing ahead with their three year extension of these 355 00:23:28,680 --> 00:23:31,759 soon to expire subsidies, despite the near certainty that the 356 00:23:31,799 --> 00:23:34,559 measure is not going to have the sixty votes to 357 00:23:34,799 --> 00:23:40,319 pass in the Senate. So a walk down memory lane 358 00:23:40,359 --> 00:23:43,519 real quick is that these enhanced subsidies were enacted by 359 00:23:43,519 --> 00:23:46,640 Democrats back in twenty twenty one. It did not get 360 00:23:46,720 --> 00:23:50,960 any Republican support. And what the enhanced subsidies did was 361 00:23:51,000 --> 00:23:57,119 it removed the cap for upper income people. It removed 362 00:23:57,119 --> 00:24:02,559 the cap and increased the subsidy amounts, dropping premiums to 363 00:24:03,279 --> 00:24:10,880 zero dollars for many enrollees. They're not paying anything. These 364 00:24:10,880 --> 00:24:13,799 are set to expire by the Democrat's own hand. They 365 00:24:13,839 --> 00:24:17,559 wrote this law, got no Republicans to support it. They're 366 00:24:17,599 --> 00:24:20,880 the ones that put this thing in place and put 367 00:24:20,920 --> 00:24:23,880 a sunset on it. The end of twenty twenty five. 368 00:24:25,960 --> 00:24:30,720 A clean three year extension with no eligibility changes will 369 00:24:30,720 --> 00:24:34,039 cost about three hundred and fifty billion dollars to the 370 00:24:34,160 --> 00:24:39,680 national debt over the next decade. Republicans say the Democrats plan, 371 00:24:40,279 --> 00:24:43,000 which goes even further than the one year extension that 372 00:24:43,039 --> 00:24:46,039 they had actually demanded during the shutdown, is primarily a 373 00:24:46,079 --> 00:24:50,359 political maneuver, because yes, of course it is. Obviously it 374 00:24:50,440 --> 00:24:54,839 is right. They wanted one year extension. Now they're asking 375 00:24:54,880 --> 00:24:56,759 for a three year extension, and they know it's not 376 00:24:56,799 --> 00:24:58,519 going to pass, but they don't care. They want the 377 00:24:58,599 --> 00:25:01,799 issue so they can say Republicans stopped you from getting 378 00:25:02,599 --> 00:25:08,039 your premiums zero dollar premiums. They want to kill you. 379 00:25:08,200 --> 00:25:13,680 It's the same line of attack Democrats have employed for 380 00:25:13,680 --> 00:25:17,960 forty years. It's so tiresome, all right. If you're listening 381 00:25:17,960 --> 00:25:19,519 to this show, you know I try to keep up 382 00:25:19,519 --> 00:25:21,319 with all sorts of current events, and I know you 383 00:25:21,359 --> 00:25:23,839 do too, And you've probably heard me say get your 384 00:25:23,880 --> 00:25:27,759 news from multiple sources. Why, Well, because it's how you 385 00:25:27,799 --> 00:25:30,759 detect media bias, which is why I've been so impressed 386 00:25:30,759 --> 00:25:34,559 with ground News. It's an app and it's a website, 387 00:25:34,599 --> 00:25:37,000 and it combines news from around the world in one 388 00:25:37,039 --> 00:25:40,519 place so you can compare coverage and verify information. You 389 00:25:40,519 --> 00:25:44,079 can check it out at check dot ground, dot news 390 00:25:44,599 --> 00:25:47,720 slash pete. I put the link in the podcast description too. 391 00:25:48,039 --> 00:25:50,400 I started using ground News a few months ago and 392 00:25:50,559 --> 00:25:53,119 more recently chose to work with them as an affiliate 393 00:25:53,160 --> 00:25:56,480 because it lets me see clearly how stories get covered 394 00:25:56,559 --> 00:25:59,440 and by whom. The blind spot feature shows you which 395 00:25:59,480 --> 00:26:02,359 stories get ignored by the left and the right. See 396 00:26:02,400 --> 00:26:07,440 for yourself check dot ground, dot news slash pete. Subscribe 397 00:26:07,440 --> 00:26:10,359 through that link and you'll get fifteen percent off any subscription. 398 00:26:10,680 --> 00:26:13,400 I use the Vantage plan to get unlimited access to 399 00:26:13,519 --> 00:26:16,920 every feature. Your subscription then not only helps my podcast, 400 00:26:16,960 --> 00:26:19,319 but it also supports ground News as they make the 401 00:26:19,400 --> 00:26:26,319 media landscape more transparent. Again from the Daily Caller News Foundation, 402 00:26:28,079 --> 00:26:30,920 this piece about the Republicans with their proposal for the 403 00:26:30,960 --> 00:26:35,960 Healthcare Freedom for Patients Act just affecting apparently people that 404 00:26:36,000 --> 00:26:39,880 are on the Affordable Care Act plans in the exchanges. 405 00:26:40,559 --> 00:26:43,799 They're going to propose one thousand to fifteen hundred dollars 406 00:26:43,880 --> 00:26:47,720 be deposited into hsas that are paired with the Bronze 407 00:26:47,839 --> 00:26:56,160 or Catastrophic plans on the exchanges. Now Concerns about fraud 408 00:26:57,079 --> 00:27:02,759 are also fueling the Republican resistance to the extension of 409 00:27:02,920 --> 00:27:09,200 these subsidies, because you'll never guess what happened when Democrats 410 00:27:09,759 --> 00:27:14,960 made this stuff quote free. There's a thing called the 411 00:27:15,000 --> 00:27:19,960 woodwork effect. We've seen it happen every time they expand Medicaid, 412 00:27:20,200 --> 00:27:24,119 same thing in North Carolina, every state. Whenever you make 413 00:27:24,200 --> 00:27:28,240 something quote free, you always end up with people coming 414 00:27:28,279 --> 00:27:32,160 out of the woodwork in greater numbers than you projected. 415 00:27:33,640 --> 00:27:36,000 And so you think you're going to have five hundred 416 00:27:36,039 --> 00:27:40,319 thousand new enrollees to a program, but it turns out 417 00:27:40,319 --> 00:27:43,400 to be six hundred and fifty thousand people. Oh my gosh, 418 00:27:43,480 --> 00:27:49,200 we didn't expect that. But you also end up getting fraud. 419 00:27:50,480 --> 00:27:54,880 Research has now shown that fraud is especially widespread among 420 00:27:55,039 --> 00:28:00,680 the zero premium plans. Critics say this creates opportunities. The 421 00:28:00,799 --> 00:28:05,079 zero premium plans create opportunities for bad actors to enroll 422 00:28:05,160 --> 00:28:12,759 people unwillingly, unknowingly, unsuspecting individuals get enrolled without their knowledge. 423 00:28:14,200 --> 00:28:17,799 And you can imagine why that might be lucrative. Right 424 00:28:17,880 --> 00:28:22,200 If you have a firm, a company, and your job 425 00:28:22,319 --> 00:28:27,359 or nonprofit, and your job is to help people guide 426 00:28:27,519 --> 00:28:31,799 them through the enrollment process, and you get a certain 427 00:28:31,839 --> 00:28:36,319 amount of money from the federal government by enrolling people 428 00:28:36,359 --> 00:28:39,880 and helping them out. There's an incentive there to get 429 00:28:39,920 --> 00:28:44,440 a lot of people enrolled in the government program. And 430 00:28:44,519 --> 00:28:49,599 so you know, you find some people they don't have insurance, 431 00:28:49,759 --> 00:28:52,839 or you just have their information somehow, and you can 432 00:28:52,880 --> 00:28:55,000 just enroll a bunch of people on the program. 433 00:28:54,759 --> 00:28:55,920 Speaker 1: So you can get your slice. 434 00:28:56,880 --> 00:29:00,279 Speaker 2: In fact, they have found cases like this is a 435 00:29:00,279 --> 00:29:02,960 big One of the big ones was out of Florida. 436 00:29:03,279 --> 00:29:05,240 I'm gonna go in depth more on this fraud stuff 437 00:29:05,240 --> 00:29:07,720 because there's a whole GAO report that came out on it. 438 00:29:09,359 --> 00:29:13,839 The Government Accountability Office. They recently uncovered rampant fraud and 439 00:29:13,920 --> 00:29:21,880 systemic failures in the ACA marketplace, including fictitious identities, in 440 00:29:22,000 --> 00:29:27,319 valid social Security numbers, and even dead people who were 441 00:29:27,359 --> 00:29:35,000 approved for the taxpayer funded subsidies. John Thune, Senate leader Republican, 442 00:29:35,279 --> 00:29:39,160 said this program desperately needs to be reformed. The Democrats 443 00:29:39,160 --> 00:29:41,480 have decided we're not going to do anything to reform it, 444 00:29:41,519 --> 00:29:44,039 and so we'll see where the votes are on Thursday. 445 00:29:45,200 --> 00:29:49,880 Senate Democratic leadership has already dismissed the Republican plan. Senate 446 00:29:49,920 --> 00:29:54,400 Minority Leader Chuck Schumer said their phony proposal is dead 447 00:29:54,440 --> 00:30:01,039 on arrival. Their bill is junk insurance. It's been repudiated 448 00:30:01,119 --> 00:30:09,400 in the past. The American people will repudiated once again, right, Okay, 449 00:30:09,440 --> 00:30:15,119 So really going after the merits of the proposal there. 450 00:30:15,000 --> 00:30:17,599 Speaker 1: I see, just. 451 00:30:16,640 --> 00:30:20,359 Speaker 2: Really digging deep into the policy wonkery in order to 452 00:30:20,359 --> 00:30:24,559 make that argument over in the House, because remember this 453 00:30:24,640 --> 00:30:26,160 is all just on the Senate side. 454 00:30:26,759 --> 00:30:27,559 Speaker 1: Over in the House. 455 00:30:28,400 --> 00:30:32,200 Speaker 2: Senate or sorry, the Speaker, Mike Johnson said that Republicans 456 00:30:32,240 --> 00:30:35,480 will vote on a healthcare proposal by the end of December, 457 00:30:36,079 --> 00:30:40,359 and we'll continue working on healthcare legislation into early twenty 458 00:30:40,400 --> 00:30:41,200 twenty six. 459 00:30:43,279 --> 00:30:44,759 Speaker 1: Well, time is running out, guys. 460 00:30:46,119 --> 00:30:48,839 Speaker 2: If the elections that we have seen are in fact 461 00:30:48,920 --> 00:30:51,720 any indication of the way the midterms are going to go, 462 00:30:52,319 --> 00:30:54,880 you do not have a lot of time if you 463 00:30:54,920 --> 00:30:59,000 are going to try to repeal Obamacare to fix the 464 00:30:59,000 --> 00:31:02,039 health care industry. Have you seen your premiums? Our premiums 465 00:31:02,039 --> 00:31:07,200 went through the roof for twenty twenty six. There was 466 00:31:07,279 --> 00:31:12,960 a piece over at PJ Media by Jamie Wilson headlined 467 00:31:12,960 --> 00:31:19,039 they broke America and blamed Trump and Wilson goes through 468 00:31:20,039 --> 00:31:25,799 a series of examples here, but the pattern is the same. 469 00:31:25,839 --> 00:31:31,440 You create a disaster Obamacare, deny responsibility, and then shove 470 00:31:31,519 --> 00:31:36,640 the wreckage at Trump's feet. For example, the economic fire 471 00:31:36,759 --> 00:31:40,519 that they lit with the stacks of cash right, printing money, 472 00:31:40,519 --> 00:31:45,359 printing money, money was hurled into green energy fantasies that 473 00:31:45,440 --> 00:31:49,799 went insolvent almost instantly. More money was shoveled into Ukraine. 474 00:31:50,839 --> 00:31:55,839 COVID era payments continued long after COVID ended. Inflation sword 475 00:31:55,960 --> 00:32:01,400 groceries doubled, housing prices became unrecognizable, entered, she builds, crushed families, 476 00:32:01,640 --> 00:32:03,960 and now that inflation is starting to come down, but 477 00:32:04,000 --> 00:32:08,480 it doesn't We're never going back to the pre Biden prices. 478 00:32:08,920 --> 00:32:10,759 Speaker 1: Inflation just persists. 479 00:32:12,240 --> 00:32:15,519 Speaker 2: So it's coming down, yes, slowly, yes, but now Democrats 480 00:32:15,559 --> 00:32:18,119 are blaming Trump for not reversing the damage. The only 481 00:32:18,160 --> 00:32:19,720 way you're going to reverse that is with like a 482 00:32:19,759 --> 00:32:24,720 massive recession, which I don't think we want. All right, 483 00:32:24,720 --> 00:32:27,079 that'll do it for this episode. Thank you so much 484 00:32:27,119 --> 00:32:29,160 for listening. I could not do the show without your 485 00:32:29,200 --> 00:32:31,960 support and the support of the businesses that advertise on 486 00:32:32,000 --> 00:32:34,799 the podcast. So if you'd like please support them too 487 00:32:34,839 --> 00:32:36,519 and tell them you heard it here. You can also 488 00:32:36,559 --> 00:32:39,119 become a patron at my Patreon page or go to 489 00:32:39,279 --> 00:32:43,000 dpetecleanershow dot com. Again, thank you so much for listening, 490 00:32:43,079 --> 00:32:49,319 and don't break anything while I'm gone.