WEBVTT 1 00:00:00.200 --> 00:00:01.840 And I made my decision at the base of the 2 00:00:01.879 --> 00:00:05.080 Tarquin Rock, which is where they used to throw the 3 00:00:05.080 --> 00:00:07.559 criminals off. You'd get convicted of a crime and they 4 00:00:07.679 --> 00:00:10.800 drag you to the rock and throw you off. And 5 00:00:10.880 --> 00:00:12.919 if you look in the guidebook, it says that it 6 00:00:12.960 --> 00:00:15.400 is not wheelchair accessible, which isn't surprising and all. The 7 00:00:15.400 --> 00:00:19.879 guidebook also said good for kids. 8 00:00:20.519 --> 00:00:25.640 Ask not what your country can do for you, Ask 9 00:00:25.719 --> 00:00:27.600 what you can do for your country. 10 00:00:28.320 --> 00:00:32.159 Mister Gorbachev, tear down this wall. 11 00:00:33.399 --> 00:00:35.679 It's the Ricassee podcast with Charnols, C W. Cook, and 12 00:00:35.719 --> 00:00:38.320 Stephen Hayward. I'm James Lilys today with doctor ray onn 13 00:00:38.320 --> 00:00:42.719 Slam about the events in New York plus Iraq plus 14 00:00:42.799 --> 00:00:45.200 supreme courts. More than enough for a podcast. 15 00:00:45.920 --> 00:00:49.439 So thanks to this decision, we can now properly file 16 00:00:49.560 --> 00:00:53.640 to proceed with these numerous policies and those that have 17 00:00:53.719 --> 00:00:57.960 been wrongly enjoined on a nationwide basis, including birthright citizenship, 18 00:00:58.439 --> 00:01:04.920 ending sanctuary city fund, suspending refugee resettlement, freezing unnecessary funding, 19 00:01:05.000 --> 00:01:08.959 shopping federal taxpayers from paying for trans gender search. 20 00:01:09.760 --> 00:01:12.480 Welcome Everyone is the Ricochet Podcast number seven hundred and 21 00:01:12.519 --> 00:01:13.319 forty seven. 22 00:01:13.879 --> 00:01:14.879 Buckle up as. 23 00:01:14.719 --> 00:01:16.239 They like to say on the Internet when they're about 24 00:01:16.239 --> 00:01:18.560 to tell you something. We've got some interesting things to 25 00:01:18.599 --> 00:01:22.480 talk about. I'm James Lalyx in Minneapolis, where it's very cloudy, 26 00:01:22.799 --> 00:01:26.079 very cool, but the Karellion atop the City Hall tower 27 00:01:26.319 --> 00:01:29.120 was playing Blue Skies, which was just a nice way 28 00:01:29.159 --> 00:01:32.719 to end the week. Steven Hayward I assumes in sunny California, 29 00:01:33.159 --> 00:01:35.879 Charles C. W. Cook is in some drenched and probably 30 00:01:36.000 --> 00:01:40.000 human beyond human belief Florida. Gentlemen, we span the nation. 31 00:01:40.519 --> 00:01:42.400 How are you today and what's in your mind? 32 00:01:43.079 --> 00:01:45.079 Well, I think both for Charles and I, it's a 33 00:01:45.120 --> 00:01:46.799 banner day at the Supreme Court. 34 00:01:46.920 --> 00:01:47.959 That's the end of the term. 35 00:01:48.120 --> 00:01:50.640 All the lingering decisions we've been waiting for were released 36 00:01:50.640 --> 00:01:54.280 here this morning Friday. And Charles, I think you've actually 37 00:01:54.319 --> 00:01:56.120 read them because you had a three hour head start 38 00:01:56.120 --> 00:01:58.480 on me. But it sounds like it's a clean sweep 39 00:01:58.519 --> 00:02:01.280 for our side, and so I'll toss over to you 40 00:02:01.560 --> 00:02:04.480 and you pick out what you think is most notable. 41 00:02:05.120 --> 00:02:08.039 Well, it wasn't quite a clean sweep. There was a 42 00:02:08.039 --> 00:02:11.879 case Consumers Research which was about the non delegation doctrine 43 00:02:12.080 --> 00:02:16.520 and Neil Gorsuch was so upset by the majority opinion 44 00:02:16.520 --> 00:02:20.159 and it joined in his upset by Alita and Thomas, 45 00:02:20.199 --> 00:02:23.840 and he wrote a thirty five page which I would 46 00:02:23.840 --> 00:02:26.840 recommend reading. I was disappointed by that. I can't say 47 00:02:26.840 --> 00:02:31.479 I was surprised by that, Steve, because the Court has 48 00:02:31.560 --> 00:02:35.240 not been good on non delegation questions since about nineteen 49 00:02:35.360 --> 00:02:38.840 thirty five, so we've got ninety years of precedent here. 50 00:02:39.360 --> 00:02:42.039 And then there was a case about the structure of 51 00:02:42.080 --> 00:02:44.879 an agency that has to do with Obamacare and was very, 52 00:02:44.960 --> 00:02:48.719 very complicated, and I instinctively sided again with Gorst, Chelita, 53 00:02:48.759 --> 00:02:49.360 and Thomas. 54 00:02:49.400 --> 00:02:51.759 But on the big cases that everyone. 55 00:02:51.719 --> 00:02:57.120 Normal was paying attention to, it was a clean sweep 56 00:02:58.120 --> 00:03:02.919 for the original and originalist adjacent sidon. The biggest case 57 00:03:03.360 --> 00:03:07.319 of the day, perhaps of the year, was one that 58 00:03:07.479 --> 00:03:12.840 started off as a challenge to President Trump's executive order 59 00:03:13.319 --> 00:03:17.400 on birthright citizenship, but somehow along the way became not 60 00:03:17.479 --> 00:03:20.759 a case about that or the merits of that question, 61 00:03:20.960 --> 00:03:27.680 but about nationwide injunctions. And six to three the Court 62 00:03:27.719 --> 00:03:30.439 decided that with a couple of caveats and with a 63 00:03:30.439 --> 00:03:33.599 standard that will need to be applied to be understood, properly. 64 00:03:34.280 --> 00:03:37.039 Nationwide injunctions in the way that they have been used 65 00:03:37.039 --> 00:03:39.680 for the last twenty or so years are gone. 66 00:03:40.439 --> 00:03:43.560 John pod Horiz said that bunkerbusters were used twice this week, 67 00:03:43.599 --> 00:03:46.639 once in Iran and once in Emmy COMI parent Responding 68 00:03:46.639 --> 00:03:50.319 to Justice Jackson, I don't know if you've seen that. 69 00:03:50.879 --> 00:03:54.439 There is some delicious language in this. Before Charles goes 70 00:03:54.439 --> 00:03:55.879 on to tell us why this is a great thing, 71 00:03:56.840 --> 00:04:00.000 she said, we will not dwell on Justice Jackson's argument, 72 00:04:00.080 --> 00:04:02.400 which is at odds with more than two centuries worth 73 00:04:02.400 --> 00:04:06.439 of president not to mention the Constitution itself, we only 74 00:04:06.479 --> 00:04:10.879 observe this. Justice Jackson decries an imperial executive while embracing 75 00:04:11.120 --> 00:04:16.560 an imperial judiciary. I mean meow boll of friskies for 76 00:04:16.600 --> 00:04:20.639 the lady, that is anyway. So Charles tell us more 77 00:04:20.680 --> 00:04:23.279 about the We all hate the national injunctions because they 78 00:04:23.279 --> 00:04:25.399 seem like a drastic overreach of the Court's authority that 79 00:04:25.439 --> 00:04:27.839 anyone could just step in and say, Nope, executive can't 80 00:04:27.839 --> 00:04:29.680 do that. That's the end of it. I'm here in Hawaii. 81 00:04:29.759 --> 00:04:30.879 I say what it's going to be in the law 82 00:04:30.920 --> 00:04:33.920 of the land. You said that there were some things 83 00:04:34.000 --> 00:04:36.240 yet to be ironed out. Might those things mean that 84 00:04:36.279 --> 00:04:38.920 the injunctions still continue to be a thorn in the 85 00:04:39.000 --> 00:04:39.879 side and the paw. 86 00:04:40.720 --> 00:04:43.879 Yeah, I'm sometimes squishy if I have national injunctions. We've 87 00:04:43.879 --> 00:04:45.680 talked about this before. I don't if you were on 88 00:04:45.759 --> 00:04:49.120 that episode. But I am persuaded by the majority opinion. 89 00:04:49.199 --> 00:04:51.160 The only question the Court was authorized to look at 90 00:04:51.240 --> 00:04:54.639 is whether or not they're constitutionally permissible and how they 91 00:04:54.680 --> 00:04:57.439 interact with statute, and I think the majority got it right. 92 00:04:57.600 --> 00:05:00.879 There are points elsewhere in the opinion, James, in which 93 00:05:00.959 --> 00:05:06.439 Amy Coney Barrett is equally disparaging toward Jackson. She describes 94 00:05:06.519 --> 00:05:09.480 her at one point as having offered a startling argument 95 00:05:09.519 --> 00:05:14.079 that is completely unmored from the Constitution or American history. 96 00:05:14.120 --> 00:05:18.360 It is a taught force. So I think the Court 97 00:05:18.399 --> 00:05:22.319 did get this right. And as this goes, that's the 98 00:05:22.319 --> 00:05:25.600 only thing that matters, because the Court is the court 99 00:05:25.759 --> 00:05:29.439 and not a dictator. So there are a couple of 100 00:05:29.519 --> 00:05:34.120 caveats here. And I'm not a lawyer, so I'm understanding 101 00:05:34.160 --> 00:05:36.040 its as best I can, having read it through once. 102 00:05:36.720 --> 00:05:39.759 First off, anything that has to do with the Administrative 103 00:05:39.800 --> 00:05:43.720 Procedure Act is exempt because Congress included an exemption when 104 00:05:43.759 --> 00:05:46.519 it passed the law, so if there is litigation over 105 00:05:46.639 --> 00:05:52.360 APA claims, there can be a nationwide injunction. Second, there 106 00:05:52.399 --> 00:05:54.879 is I think called Rule twenty three that I don't 107 00:05:54.879 --> 00:05:59.360 perfectly understand, but Rule twenty three litigation could still yield 108 00:05:59.360 --> 00:06:02.800 a national injunction. Apparently it's quite hard to satisfy the 109 00:06:02.839 --> 00:06:06.439 provisions of Rule twenty three. But Justice Alito is worried 110 00:06:07.120 --> 00:06:09.959 that what will happen now is lower courts will just say, oh, 111 00:06:10.040 --> 00:06:12.240 it's a Rule twenty three issue and start doing the 112 00:06:12.240 --> 00:06:14.600 same thing that they've been doing all along. And of 113 00:06:14.639 --> 00:06:16.480 course this is obvious, but it needed to be said. 114 00:06:16.920 --> 00:06:19.720 The third exception is the Supreme Court itself, which is 115 00:06:19.759 --> 00:06:23.160 allowed to impose national injunctions because that's what it's there for. 116 00:06:23.560 --> 00:06:25.759 Here is my take on it, before I shut up. 117 00:06:26.399 --> 00:06:29.319 I think this was the right decision legally. I think 118 00:06:29.360 --> 00:06:33.279 it is also the product of congressional abdication. Congress is 119 00:06:33.279 --> 00:06:35.480 allowed to set a whole bunch of rules around this 120 00:06:35.800 --> 00:06:38.000 that it hasn't, so the Court was only asked to 121 00:06:38.040 --> 00:06:41.160 do this because Congress hasn't laid out in what circumstances 122 00:06:41.240 --> 00:06:46.360 national injunctions are permissible. It should now do that. I 123 00:06:46.439 --> 00:06:51.720 worry a little bit though, that unless Congress starts taking 124 00:06:51.800 --> 00:06:54.920 back some power from the president, that this is going 125 00:06:54.959 --> 00:06:58.360 to empower the executive branch even more than it has 126 00:06:58.439 --> 00:07:02.639 been empowered. Not criticism of the Court. Again, Jackson's obsessed 127 00:07:02.680 --> 00:07:05.240 with She shouldn't be. It's not her job to worry 128 00:07:05.240 --> 00:07:08.920 about that. But as a citizen, I want Congress now 129 00:07:08.959 --> 00:07:10.680 to say, all right, here are the things the president 130 00:07:10.720 --> 00:07:13.879 can and can't do. Because although Kavanar is clear at 131 00:07:13.879 --> 00:07:17.279 one point to say that the court should take emergency applications, 132 00:07:18.639 --> 00:07:21.680 you are in effect going to be left after this 133 00:07:21.839 --> 00:07:24.480 with a situation in which it will take a lot 134 00:07:24.560 --> 00:07:27.519 longer to litigate pretty important questions. And if you look 135 00:07:27.519 --> 00:07:33.240 at something like, for example, Joe Biden's obviously disastrously deliberately 136 00:07:33.319 --> 00:07:37.240 unconstitutional student loan order, by the time that that had 137 00:07:37.279 --> 00:07:41.560 been decided by the Supreme Court, he could have spent 138 00:07:41.639 --> 00:07:43.600 two or three hundred billion dollars. 139 00:07:44.120 --> 00:07:45.279 So unless this. 140 00:07:45.360 --> 00:07:48.720 Is accompanied by the Supreme Court's willingness to take cases 141 00:07:48.800 --> 00:07:54.360 quickly and Congress taking back its power from the executive 142 00:07:54.720 --> 00:07:58.560 I do worry that not just under Trump, but under 143 00:07:58.600 --> 00:08:02.720 the next Democratic president. Let's say president AOC, you could 144 00:08:02.839 --> 00:08:07.160 see some really disastrous consequences, but that's a Congress problem, 145 00:08:07.240 --> 00:08:09.040 not a Supreme Court problem. 146 00:08:09.600 --> 00:08:13.240 That's the most ridiculous thing I've ever heard. A AOC 147 00:08:13.279 --> 00:08:16.399 will be the vice president to Gavin Newsom. I just 148 00:08:16.399 --> 00:08:19.600 wanted to correct that, Steven, you're taking well. 149 00:08:19.639 --> 00:08:21.240 I think I agree with Charles. I think the rule 150 00:08:21.279 --> 00:08:25.439 twenty three business connects to the whole class action. That's right, 151 00:08:25.519 --> 00:08:28.079 that's right classification. So yeah, I think you're right that 152 00:08:28.240 --> 00:08:31.120 judges will be quicker to try and quant class action status. 153 00:08:31.959 --> 00:08:32.720 I do think that. 154 00:08:34.039 --> 00:08:35.799 I mean I should need to go back and look 155 00:08:35.799 --> 00:08:37.639 at the numbers here, but I actually think the Supreme 156 00:08:37.679 --> 00:08:40.480 Court moved with great speed, greater than maybe they ever have, 157 00:08:40.639 --> 00:08:42.080 which is why i'd have to go back and look 158 00:08:42.080 --> 00:08:44.000 in history. But do you think of the cases that 159 00:08:44.039 --> 00:08:47.440 were taken up and decided in the last well, just 160 00:08:47.480 --> 00:08:51.440 take this one. You know it was about executive order 161 00:08:51.480 --> 00:08:54.000 Trump issued his first day in office back in January, 162 00:08:54.039 --> 00:08:57.679 so barely six months ago, and the Supreme Court scheduled 163 00:08:57.679 --> 00:09:00.279 an oral argument late. It was heard in what a 164 00:09:00.320 --> 00:09:02.480 month ago, six or eight weeks ago, and we have 165 00:09:02.519 --> 00:09:05.600 the decision today. And I think that was the Chief 166 00:09:05.720 --> 00:09:07.759 Justice or a majority of the Court anyway, saying we 167 00:09:07.799 --> 00:09:09.919 can't let this linger into the next term because it's 168 00:09:09.919 --> 00:09:13.279 just creating too much uncertainty. So they moved with really 169 00:09:13.360 --> 00:09:16.559 quite astonishing speed for the Supreme Court. You're not allowing 170 00:09:16.559 --> 00:09:18.679 it to filter through the DC Circuit or the other 171 00:09:18.720 --> 00:09:21.919 circuit courts of appeal, which would resulted in circuit splits 172 00:09:21.960 --> 00:09:26.200 and no decision at all. There was the you know, 173 00:09:26.240 --> 00:09:29.960 the executive immunity case, wasn't I think that was this term, 174 00:09:30.039 --> 00:09:31.440 wasn't it? 175 00:09:32.759 --> 00:09:33.200 Anyway? 176 00:09:33.919 --> 00:09:35.840 I think the Court is now stepping up to try 177 00:09:35.879 --> 00:09:38.960 and fill the gap for some of the lassitude of 178 00:09:38.960 --> 00:09:42.759 Congress that you rightly point out, Charles. And so right 179 00:09:42.759 --> 00:09:46.600 now you have Congress as a spectator to the judiciary 180 00:09:46.600 --> 00:09:49.039 and executive trying to work out a new equilibrium here 181 00:09:49.080 --> 00:09:49.639 on these things. 182 00:09:49.679 --> 00:09:53.519 And it's probably very encouraging that that note in the 183 00:09:53.600 --> 00:09:56.440 decision was written by Kavanaugh, who is now the immediate 184 00:09:56.480 --> 00:09:59.000 in justice on the Court, rather than by Conress Thomas, 185 00:09:59.200 --> 00:10:01.799 because it did no perhaps of willingness to step in. 186 00:10:02.519 --> 00:10:04.080 Yeah, so where do we go from here? 187 00:10:04.120 --> 00:10:04.279 Then? 188 00:10:04.919 --> 00:10:06.840 I mean, I love Charles's argument. 189 00:10:06.600 --> 00:10:08.600 That this actually no sort of deprives us of a 190 00:10:08.720 --> 00:10:10.159 tool that you can use to get these things in 191 00:10:10.240 --> 00:10:14.919 the Supreme Court faster. Should we just develop like Disney 192 00:10:14.960 --> 00:10:17.440 has a fast pass lane for certain cases. 193 00:10:19.080 --> 00:10:21.120 Well, they have been doing the shadow docket business they 194 00:10:21.200 --> 00:10:23.320 called for a while now, where they do take cases 195 00:10:23.320 --> 00:10:27.200 and dispose of them quickly without necessarily a full oral argument, 196 00:10:27.279 --> 00:10:30.200 briefing and so forth. I think now in this particular case, 197 00:10:30.240 --> 00:10:35.360 once again, the executive order was about the birthright citizenship controversy, 198 00:10:35.759 --> 00:10:38.440 and they sidestep that. As we expected that, that was 199 00:10:38.480 --> 00:10:40.320 pretty clear that they weren't going to take up a 200 00:10:40.399 --> 00:10:42.559 substance of that. But now we'll have to. And so 201 00:10:42.679 --> 00:10:45.600 that case will be probably coming up next year and 202 00:10:45.679 --> 00:10:48.480 so a year from now, and there they can't I 203 00:10:48.480 --> 00:10:54.039 think repair to process and history. Well, I shouldn't have 204 00:10:54.039 --> 00:10:56.799 said that it won't be a process argument or a 205 00:10:56.879 --> 00:10:59.039 jurisdiction argument. They're going to have to rule on the 206 00:10:59.080 --> 00:11:01.840 substance of the teeth Amendment and that's going to be 207 00:11:01.919 --> 00:11:02.840 a big fight. 208 00:11:03.159 --> 00:11:06.759 I think, James. One thing that is always important with 209 00:11:06.919 --> 00:11:14.360 court decisions to stress is that the Court is not 210 00:11:15.039 --> 00:11:18.879 expected to or allowed to come up with an answer 211 00:11:19.000 --> 00:11:22.600 that makes everything perfect. And you say, where are we Now, 212 00:11:23.559 --> 00:11:26.080 there are some downsides to this, even though I think 213 00:11:26.120 --> 00:11:30.200 it's the right decision. For example, it is offensive to 214 00:11:30.320 --> 00:11:34.720 our constitutional order to have circuit splits on matters that 215 00:11:34.799 --> 00:11:38.320 are really crucial. I mean, for example, let's suppose that 216 00:11:38.360 --> 00:11:43.799 your president, Gavin Newsom says that he intends to start 217 00:11:43.799 --> 00:11:48.799 confiscating firearms, and let's suppose that the Fifth Circuit says 218 00:11:48.960 --> 00:11:52.399 that's illegal under the Second Amendment, and there's no staturgy justification, 219 00:11:53.360 --> 00:11:56.679 but the Second Circuit says it's fine. What you have 220 00:11:56.840 --> 00:12:00.159 then is a situation in which it is o k 221 00:12:00.320 --> 00:12:03.000 for the federal government to confiscate firearms in New York 222 00:12:03.039 --> 00:12:05.440 but not in Texas, which, by the way, would be 223 00:12:05.440 --> 00:12:07.200 the sensible way of doing it, given out heavily armed 224 00:12:07.240 --> 00:12:11.159 everyone is in either place. Now, that is a problem, right, 225 00:12:11.200 --> 00:12:14.320 And if you take the country's history just after the 226 00:12:14.360 --> 00:12:18.000 Civil War as perhaps a more realistic example, it would 227 00:12:18.000 --> 00:12:21.600 be a problem if it were fine to discriminate racially 228 00:12:21.879 --> 00:12:24.879 in some parts of the country and not in others. 229 00:12:25.120 --> 00:12:28.559 But that is it seems to be the way that 230 00:12:28.600 --> 00:12:31.240 the system works until the circuit splits are resolved. But 231 00:12:31.320 --> 00:12:33.799 we aren't always going to like it. And I think 232 00:12:33.840 --> 00:12:35.799 what I just find so annoying about some of the 233 00:12:35.840 --> 00:12:39.159 responses to this that I've seen and about Jackson's descent 234 00:12:40.159 --> 00:12:43.399 is she seems to think, and those who have criticized 235 00:12:43.440 --> 00:12:46.279 his decisions seem to think that if there is any 236 00:12:46.360 --> 00:12:51.159 potential downside to any decision that is faithful to the law, 237 00:12:51.519 --> 00:12:53.519 it's the job of the Supreme Court to step in 238 00:12:53.559 --> 00:12:54.039 and prevent that. 239 00:12:54.159 --> 00:12:54.639 But it's not. 240 00:12:56.600 --> 00:13:01.080 We're going to have times in our life as American 241 00:13:01.120 --> 00:13:07.120 citizens where things are bad. So you know, one of 242 00:13:07.159 --> 00:13:09.440 the things that it leaves us with should be the 243 00:13:09.519 --> 00:13:13.639 expectation that we elect people who aren't bloody awful. 244 00:13:16.480 --> 00:13:19.279 Exactly, And there we are a a new slogan for 245 00:13:19.320 --> 00:13:22.399 the conservative side. Sometimes things are going to be bad. 246 00:13:22.480 --> 00:13:25.200 I mean, it actually is the truth of the matter. 247 00:13:25.440 --> 00:13:26.639 And one of the ways you make them better is 248 00:13:26.639 --> 00:13:28.639 to get together with friends. And we'd like to remind 249 00:13:28.679 --> 00:13:31.399 you as always that Ricochet has meetups where people get 250 00:13:31.440 --> 00:13:34.000 together in person. And if you're thinking, you know, I 251 00:13:34.039 --> 00:13:35.919 just want to sit around other people and I don't 252 00:13:35.919 --> 00:13:38.679 want to do that and talk politics, you'd be surprised. 253 00:13:38.679 --> 00:13:41.759 How little will we talk about politics? Actually, it's everything 254 00:13:41.840 --> 00:13:44.159 under the sun. Because you meet people like minded you 255 00:13:44.200 --> 00:13:46.519 find you have similar interest hobbies and passions. It's a 256 00:13:46.559 --> 00:13:48.480 great fun. Last one I had was in New York. 257 00:13:48.679 --> 00:13:51.440 I got COVID. It was worth it. Matt Bauzer is 258 00:13:51.480 --> 00:13:54.320 holding the annual German Fest meetup that's July twenty fifth, 259 00:13:54.440 --> 00:13:59.960 twenty seventh in Milwaukee. And our old friend Randyandy Wandy Wivova, 260 00:14:00.120 --> 00:14:03.960 Sandy Rivo, Randy you know you love. He's assembling a 261 00:14:04.000 --> 00:14:06.399 group to meet in Detroit and that will be interesting 262 00:14:06.440 --> 00:14:09.519 seeing the revived state and status of some of the 263 00:14:09.559 --> 00:14:14.200 most beautiful skyscrapers in America. So go to ricochet dot com, 264 00:14:14.320 --> 00:14:16.759 check the member meet up panel, and if you're in 265 00:14:16.759 --> 00:14:20.039 the neighborhood, you know, show up or start your own 266 00:14:20.559 --> 00:14:24.159 and just see how Ricochet people come to you. We're 267 00:14:24.279 --> 00:14:26.919 like that. One of the things we're also like is that, 268 00:14:27.159 --> 00:14:28.960 you know, we want a little solace at the end 269 00:14:28.960 --> 00:14:30.960 of the day. Right, y'all got your checklists between the 270 00:14:30.960 --> 00:14:33.159 hours of nine to five, you got these things to do, 271 00:14:33.200 --> 00:14:35.840 this thing, that thing. Getting through that checklist can be 272 00:14:36.200 --> 00:14:41.240 hard every day and boarding and wrote butt but cozy Earth. 273 00:14:41.399 --> 00:14:44.320 They want you to have the time to prioritize you 274 00:14:44.720 --> 00:14:48.000 outside of those work hours. And you're five to nine show, 275 00:14:48.039 --> 00:14:50.039 we say Cozy Earth. Lets your thoughts turn. 276 00:14:49.879 --> 00:14:51.559 To luxurious softness. 277 00:14:51.960 --> 00:14:55.679 Now life gets pactic and finding comfort and calm. 278 00:14:56.000 --> 00:14:56.600 It's essential. 279 00:14:57.000 --> 00:14:59.759 We need time for relaxation, for recharging and soaking in 280 00:14:59.799 --> 00:15:02.960 this of peace. With Cozy Earth, you can create a 281 00:15:03.000 --> 00:15:05.919 space that feels like a personal retreat where comfort and 282 00:15:05.960 --> 00:15:10.440 serenity come together naturally. Charles I believe he was under 283 00:15:10.440 --> 00:15:13.320 the instruction of his wife to purchase, to use Cozy Earth, 284 00:15:13.320 --> 00:15:15.600 and he is here to tell you briefly that they 285 00:15:15.600 --> 00:15:17.039 are the finest sheets on the planet. 286 00:15:17.879 --> 00:15:19.759 Well, I was under the instruction in the sense that 287 00:15:19.799 --> 00:15:21.639 I was wanting to click to the mouse. But she 288 00:15:21.759 --> 00:15:23.879 gave me the instruction, she gave me the details, she 289 00:15:23.919 --> 00:15:27.120 gave me the color, she gave me the size. She 290 00:15:27.200 --> 00:15:30.720 was in charge of this, and quite rightly. But I 291 00:15:30.879 --> 00:15:34.279 was the beneficiary, or one of two beneficiaries. They are 292 00:15:34.360 --> 00:15:40.240 terrific sheets. They are very comfortable. They are cooling, which 293 00:15:40.279 --> 00:15:44.240 matters an enormous amount. You already mentioned the weather in 294 00:15:44.279 --> 00:15:48.320 Florida and the humidity, and as I point out, every time, 295 00:15:48.919 --> 00:15:51.559 you really need to get sheets right because the amount 296 00:15:51.559 --> 00:15:54.240 of time that you spend asleep in beds kind of 297 00:15:54.240 --> 00:15:58.320 disgusting when you think about your life, and I'm pleased 298 00:15:58.320 --> 00:16:01.720 that I spend that time on becuzy sheets as opposed 299 00:16:01.759 --> 00:16:02.600 to some other brand. 300 00:16:03.159 --> 00:16:04.720 Well, the reason they're so good is that they use 301 00:16:04.759 --> 00:16:07.200 only the best fabrics and textiles to provide an ultimate 302 00:16:07.360 --> 00:16:10.600 ingredient for a luxurious softness that let's just sleep like 303 00:16:10.600 --> 00:16:13.080 a baby. And they're not just soft. The weave fabric 304 00:16:13.200 --> 00:16:15.879 is enhanced for a durability that won't pull. Best of 305 00:16:15.919 --> 00:16:19.559 all Cozy Earth betting products have a one hundred night 306 00:16:19.639 --> 00:16:22.240 sleep trial and a ten year warranty. That's a decade 307 00:16:22.240 --> 00:16:25.480 of cool quality sleep. Luxury shouldn't be out of reach. 308 00:16:25.679 --> 00:16:27.960 Go to code azeearth dot com and use the code 309 00:16:28.080 --> 00:16:30.720 Ricochet for up to forty percent off Cozy Earth's best 310 00:16:30.720 --> 00:16:34.840 selling temperature regulating sheets, apparel and more. Trust us, you'll 311 00:16:34.840 --> 00:16:38.240 feel the difference the very first night. That's cozyearth dot 312 00:16:38.279 --> 00:16:43.960 com code Ricochet Sleep Cooler, lounge, lighter, stay cozy. And 313 00:16:44.039 --> 00:16:47.000 we thank Cozy Earth for sponsoring this the Ricochet Podcast 314 00:16:47.279 --> 00:16:48.840 And thanks to Charles, we not only have the new 315 00:16:48.879 --> 00:16:51.679 Republican slogan sometimes things are going to be bad, but 316 00:16:51.799 --> 00:16:53.559 we have another slogan as well, you have to get 317 00:16:53.600 --> 00:16:56.080 your sheets right. So I can't argue with any of 318 00:16:56.120 --> 00:17:00.000 those things. Joining us now. Ryan Salam, president of the 319 00:17:00.039 --> 00:17:02.519 Manhattan Institute. In two thousand and nine, he co authored 320 00:17:02.559 --> 00:17:05.240 A Grand New Party with the Rosstatt, and his latest 321 00:17:05.240 --> 00:17:09.519 book is Melting Pot or Civil War. He can also 322 00:17:09.599 --> 00:17:12.000 find his writing in The Atlantic and National Affairs. 323 00:17:12.000 --> 00:17:14.160 Welcome, Hi guys, thanks for having me. 324 00:17:15.039 --> 00:17:18.000 I love New York. I'm tired of it after about 325 00:17:18.039 --> 00:17:19.759 three or four days. I say you win and I leave. 326 00:17:19.839 --> 00:17:21.160 But I love New York. 327 00:17:21.200 --> 00:17:23.119 And like everybody who grew up in the Midwest casting 328 00:17:23.200 --> 00:17:25.480 their eyes towards Gotham, I've always felt an attachment to 329 00:17:25.519 --> 00:17:29.640 it that seems irrational, emotional. But it's America in its 330 00:17:29.640 --> 00:17:35.200 most vigorous and proud form, and lately the choices that 331 00:17:35.240 --> 00:17:38.559 they make mystify us. But you think they can probably 332 00:17:38.599 --> 00:17:41.079 get past in Eric Adams, they can probably endure, you know, 333 00:17:41.200 --> 00:17:47.519 de Blasio. It's a strong place now, this guy. Basically, 334 00:17:47.559 --> 00:17:50.279 that's my question, and it's not even a question this guy. 335 00:17:51.319 --> 00:17:57.839 So when you're thinking about Zoronmndani, we're tempted to think 336 00:17:57.880 --> 00:18:02.359 about the discontinuities because he seems so different, he's so 337 00:18:02.440 --> 00:18:05.279 much younger. He just you know, seems you know, so 338 00:18:06.680 --> 00:18:14.359 dangerous to many of us. The interesting thing are the continuities. Now, 339 00:18:14.400 --> 00:18:17.880 consider that New York City had a self described Democratic 340 00:18:17.920 --> 00:18:21.039 socialist mayor. His name was Bill de Blasio some years ago. 341 00:18:21.559 --> 00:18:24.440 Now consider also, when you're looking at the way New 342 00:18:24.480 --> 00:18:27.279 York City is governed, we are in the thick of 343 00:18:27.319 --> 00:18:31.559 a really profound affordability crisis. Is it something that is 344 00:18:31.599 --> 00:18:35.240 the product of a free market in housing. Decidedly not. 345 00:18:35.880 --> 00:18:39.680 It's the product of a crazy accretion of rules that 346 00:18:39.920 --> 00:18:43.359 essentially treats building private housing as though it is a 347 00:18:43.440 --> 00:18:47.839 kind of suspect activity, you know, borderline criminal. You know, 348 00:18:47.960 --> 00:18:49.839 it's just, you know, any number of things. So on 349 00:18:49.839 --> 00:18:53.119 one level, you know, I am tempted to get drawn 350 00:18:53.319 --> 00:18:57.079 into the discontinuity. This is a guy who says things 351 00:18:57.079 --> 00:19:00.039 that are incredibly alarming to me as a conservative. And 352 00:19:00.119 --> 00:19:02.880 by the way, I should stipulate, I'm speaking on my 353 00:19:03.000 --> 00:19:06.200 own behalf, not as a spokesperson for the institution I 354 00:19:06.319 --> 00:19:08.960 lead or anything like that. So just to make that 355 00:19:09.279 --> 00:19:13.079 crystal clear, I will say that this is someone who 356 00:19:13.079 --> 00:19:17.279 says totally alarming stuff all the time. But we should 357 00:19:17.279 --> 00:19:19.960 also just recognize that, like the proverbial frog and the 358 00:19:19.960 --> 00:19:23.119 boiling pot, it's not as though we're flipping a switch 359 00:19:23.480 --> 00:19:28.400 and we're going from robust free market capitalism to a 360 00:19:28.440 --> 00:19:33.279 bolivarian revolution by the Hudson. You're just really the conditions 361 00:19:33.319 --> 00:19:37.960 that created this were the accretion of failed policies, call 362 00:19:38.039 --> 00:19:41.000 them socialists, call them progressive, call them whatever you want 363 00:19:41.759 --> 00:19:45.319 that actually contributed to this real crisis. 364 00:19:45.480 --> 00:19:49.240 You're right about the accretion of strange laws and bylaws 365 00:19:49.279 --> 00:19:51.920 and regulations that prevent good housing from being built, even 366 00:19:51.960 --> 00:19:54.160 at the same time that they can build the most enormous, 367 00:19:54.599 --> 00:19:57.279 waving in the wind pencil thin skyscrapers by Central Park. 368 00:19:57.319 --> 00:19:59.200 Now they can bail those, but they can't build regular 369 00:19:59.240 --> 00:20:02.400 housing for people and the rest of the city. This 370 00:20:02.480 --> 00:20:04.400 guy with his talk of rent control and the rest 371 00:20:04.400 --> 00:20:06.880 of it, and the usual progressive platitudes, Yeah, you can 372 00:20:06.920 --> 00:20:10.359 say there's continuity. There's somebody like Deblasio, But Deblasio struck 373 00:20:10.400 --> 00:20:12.960 me as both sort of lazy and incompetent and not 374 00:20:13.039 --> 00:20:16.119 particularly motivated to do the things that would destroy New York. 375 00:20:16.480 --> 00:20:19.319 This guy seems to have a fire under him, or 376 00:20:20.079 --> 00:20:25.559 is he just a striver who's got a good presentation 377 00:20:25.839 --> 00:20:28.759 and is going to use this tool set of ideas 378 00:20:28.799 --> 00:20:31.839 that appeal to the shoot to the Luigi Manjohni fan 379 00:20:31.960 --> 00:20:34.839 club in order to insert himself into the machine and 380 00:20:35.000 --> 00:20:35.880 profit thereafter. 381 00:20:35.960 --> 00:20:37.880 Forever does he mean it? 382 00:20:38.319 --> 00:20:41.039 If there were, it's all it's just a matter of 383 00:20:41.079 --> 00:20:43.559 what does he mean right? Because you know, here's the thing, 384 00:20:43.599 --> 00:20:45.839 you know, the reason why this person is a skillful 385 00:20:45.880 --> 00:20:49.400 politician is that he says different things to different audiences. 386 00:20:49.440 --> 00:20:52.599 He's able to hit different registers. You know, he's someone 387 00:20:52.640 --> 00:20:56.160 who is you know, granted you up until now accomplished 388 00:20:56.200 --> 00:21:00.200 relatively little in life. But he's someone who is charismatic, 389 00:21:00.319 --> 00:21:04.039 and he's someone who has a seductive ability to mirror 390 00:21:04.119 --> 00:21:06.720 to people what exactly it is they want to hear. So, 391 00:21:06.960 --> 00:21:10.960 you know, to the kind of revolutionary socialist crowd, they're 392 00:21:11.079 --> 00:21:14.000 very confident he's one of them, and he winks at them, 393 00:21:14.039 --> 00:21:15.400 and he kind of makes it clear that he's one 394 00:21:15.440 --> 00:21:17.880 of them. In all sorts of ways. This is someone 395 00:21:17.920 --> 00:21:20.599 who has really been a kind of professional anti Israel 396 00:21:21.440 --> 00:21:25.039 obsessive for his entire adult life, and yet he's also 397 00:21:25.039 --> 00:21:26.759 able to say, how dare you accuse me of being 398 00:21:26.759 --> 00:21:29.279 an anti semi. I will I will increase the amount 399 00:21:29.279 --> 00:21:31.559 of spending, you know, to fight hate crimes by eight x. 400 00:21:31.640 --> 00:21:32.799 You know, we're going to do this. We're going to 401 00:21:32.839 --> 00:21:37.680