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<v Speaker 1>If a man today were to say that if he wants.

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<v Speaker 2>A girlfriend that can cook or clean, you might as

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<v Speaker 2>well be screaming me inward.

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<v Speaker 3>Okay, well you sound like a democrat. I'm not retarded.

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<v Speaker 2>Well whiskey, come and take my pain, the moneys, my ry,

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<v Speaker 2>oh whiskey.

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<v Speaker 3>Why think alone when you can drink it all in.

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<v Speaker 4>With Ricochet's three whiskey Happy Hour, join your bartenders Steve Heyward,

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<v Speaker 4>John U and the International Woman of Mystery Lucretia, where they.

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<v Speaker 2>Lapped it up and David, ain't you easy on the

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<v Speaker 2>should tap you gotta give me and let that whiskey?

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<v Speaker 4>Well, boy, I sure learned my lesson to try and

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<v Speaker 4>do a podcast without real producers, didn't I?

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<v Speaker 1>I don't know. John and I managed without you as

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<v Speaker 1>a producer just because we were a little crazy.

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<v Speaker 4>Well, yes, I preserve some of john little one liners there.

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<v Speaker 4>Otherwise I am in fact invoking me as I put

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<v Speaker 4>it in a substack. Note what Star Trek did with

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<v Speaker 4>their original pilot that NBC rejected because it was too cerebral,

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<v Speaker 4>and instead of junking it, they recut it and wrapped

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<v Speaker 4>a whole new story around it. So we're going to

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<v Speaker 4>do that listeners, okay.

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<v Speaker 1>Because we're too cerebral for you, Steve, is that what

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<v Speaker 1>you're saying?

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<v Speaker 3>No, no, no, Maybe you didn't see the note.

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<v Speaker 1>But I did see the note. I saw the undisciplined apart.

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<v Speaker 1>But I prefer to think that that's that John and

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<v Speaker 1>I were just a little too highbrow for you and

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<v Speaker 1>you can't keep up.

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<v Speaker 4>So okay, yes, well, well, John reveled way too much

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<v Speaker 4>in avoiding my mention of a certain statute. But I

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<v Speaker 4>also in the frame of mind of the director in

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<v Speaker 4>the mel Brooks movie, the producers who we read the script,

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<v Speaker 4>and he says, all that whole third act has got

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<v Speaker 4>to go. The Germans are losing the war. So I've

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<v Speaker 4>shorten a few things to that, but I moved everything around.

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<v Speaker 4>And so first of all, I do want to refer

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<v Speaker 4>to the little teaser cold open before our theme song.

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<v Speaker 4>You know what, John especially likes to rib me for

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<v Speaker 4>being obsessed with Sidney Sweeney. But she's back in the news,

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<v Speaker 4>so you know, on her HBO show, as you heard,

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<v Speaker 4>if you listen from the beginning, she someone says, are

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<v Speaker 4>you a Democrat? And she says, I'm not retarded? Looking

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<v Speaker 4>right now?

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<v Speaker 3>The funny thing is.

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<v Speaker 4>The social media reaction has been utterly predictable. All these

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<v Speaker 4>leftists are saying, oh, it's terrible. She would say that,

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<v Speaker 4>you know, Republicans say retarded, but Democrats don't. And of

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<v Speaker 4>course the obvious answer is you want to supply.

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<v Speaker 1>They are exactly Thank you.

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<v Speaker 4>I thought you'd say that, but I did see a squire,

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<v Speaker 4>but I didn't chase after it. But apparently Candice Owens

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<v Speaker 4>and Megan Kelly are down on her.

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<v Speaker 3>I'm not quite sure why.

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<v Speaker 4>I think it's because she's supposedly allegedly has come out

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<v Speaker 4>saying she likes Trump, she's for the Iran war against

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<v Speaker 4>anti Semitism, and so guess what she's now taking sides

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<v Speaker 4>beyond just wearing good jeans. Okay, sorry, all right, enough

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<v Speaker 4>of that mirth though, I think for at least a

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<v Speaker 4>couple minutes, so you guys didn't do the order that

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<v Speaker 4>I kind of had mine. But guess what, it's a

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<v Speaker 4>simple matter to rearrange them.

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<v Speaker 3>So, you know.

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<v Speaker 4>I think that the story on the gerrymanderin cases is fascinating,

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<v Speaker 4>not so much for the law of it, which you

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<v Speaker 4>guys talked about, but I think it is interesting because

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<v Speaker 4>of the reaction to it. So let me just cut

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<v Speaker 4>back in here to your guys discussion and we will

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<v Speaker 4>pick it up on the other side.

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<v Speaker 1>Okay, I do want to ask you what you think

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<v Speaker 1>about all of these crazy court cases about redistricting. We

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<v Speaker 1>talked about it last time, so most of our listeners

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<v Speaker 1>heard the basic thing. But since we talked last time,

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<v Speaker 1>we had we see Tennessee. Let me get it right,

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<v Speaker 1>Tennessee and Louisiana may District. Tennessee is being sued by

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<v Speaker 1>the NAACP arguing that the Memphis redistricting is in and

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<v Speaker 1>out of itself racially discriminatory.

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<v Speaker 5>Right.

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<v Speaker 1>I don't know where they'll get with that. The Virginia,

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<v Speaker 1>Uh did you follow any of that Virginia suit to

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<v Speaker 1>the United States Supreme Court?

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<v Speaker 5>Oh? Yeah, just got thrown out today just while going

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<v Speaker 5>our podcast. Oh that was obvious that would happen. Yeah,

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<v Speaker 5>that was There was no federal issue. It's all just

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<v Speaker 5>a question of Virginia. Is it's the question of Virginia

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<v Speaker 5>constitutional amendment procedure.

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<v Speaker 1>Right, But were they trying to argue an equal protection Yeah?

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<v Speaker 5>Silly?

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<v Speaker 1>Okay, all right?

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<v Speaker 5>If that were, if they won, then every single challenge

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<v Speaker 5>to every single election vocal and state in the country

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<v Speaker 5>would be fit for decision by the Supreme Court.

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<v Speaker 3>Yeah, yeah, crazy.

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<v Speaker 1>It was crazy. But we also have some I mean,

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<v Speaker 1>the Democrats have decided to go crazy on this whole thing. Okay,

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<v Speaker 1>I'm not going to be my usual dismissive self about

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<v Speaker 1>everybody in the Democratic Party, but they seem you know,

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<v Speaker 1>Kamala Kamalama ding Dong came out today said there are

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<v Speaker 1>no bad ideas. And yeah, she came out and said,

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<v Speaker 1>there's no bad ideas. There's no reason why we shouldn't

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<v Speaker 1>pack the court, why we shouldn't try everything we can

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<v Speaker 1>to get around this silly Supreme Court decision about you know,

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<v Speaker 1>not discriminating on the basis of race and districting. She

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<v Speaker 1>just went on and on and on what you know,

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<v Speaker 1>the all of the things that the left that lost

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<v Speaker 1>the left the election in twenty twenty four, she's doubling

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<v Speaker 1>down on and so are lots of leftists. I mean,

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<v Speaker 1>in Virginia, they were going to pack the Supreme Court.

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<v Speaker 1>Then they were going to just abolish the whole thing.

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<v Speaker 1>They did try the Supreme Court, you know, to the

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<v Speaker 1>US Supreme Court, is it really an existential crisis for

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<v Speaker 1>the Democrats. Do you think John's so.

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<v Speaker 5>One thing is I listened to your Guys pod episode

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<v Speaker 5>where you talked about it, and I think you're quite

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<v Speaker 5>right about the effects of the decisions. That this is

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<v Speaker 5>not going to produce I think a huge change in

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<v Speaker 5>the midterms, but there will be maybe six to eight

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<v Speaker 5>extra seats that will be added, could be added by

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<v Speaker 5>states that thought they were thought they were acquired by

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<v Speaker 5>the Voting Rights Act to add majority minority districts that

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<v Speaker 5>they're called, and now that they don't have to under Klay,

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<v Speaker 5>they can go back and draw the districts they wanted to.

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<v Speaker 5>And there's nothing wrong with eliminating, for example, a Democratic

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<v Speaker 5>seat in Tennessee that was sat in Memphis if you

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<v Speaker 5>just want to create the maximum number of Republican states.

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<v Speaker 5>And one thing that Kalay said is that it's now

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<v Speaker 5>the burden is on the plaintiffs to show that what

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<v Speaker 5>the legislature is doing really isn't just about maximizing partisan

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<v Speaker 5>advantage or protecting incumbents or all the many reasons that

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<v Speaker 5>states usually engage in redistricting. That's one, you know. The

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<v Speaker 5>second thing I think you guys are both right was

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<v Speaker 5>the key relative impact the real importance of it will

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<v Speaker 5>come after the twenty thirty census, when a lot of

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<v Speaker 5>seats are going to shift, I think from the liberal

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<v Speaker 5>old states like California, in Oork and ILLINOI and they're

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<v Speaker 5>going to move to the sun Belt and southern states.

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<v Speaker 5>That plus Klay could lead to a major shift in

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<v Speaker 5>House of Representative seats in the South, and then they'll

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<v Speaker 5>be districted to maximis. Because I think once you've started this, Lucash,

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<v Speaker 5>I don't know what you think, but I think once

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<v Speaker 5>Trump said let's go ahead and do this, and a

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<v Speaker 5>number of states did it, I don't think there's any

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<v Speaker 5>going back. I mean, what would be the incentive for

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<v Speaker 5>a state to say, oh, we're not going to do that.

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<v Speaker 5>I mean, look at New England right, New England has

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<v Speaker 5>basically reached it. All the states of New Ly have

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<v Speaker 5>basically I think, redistricted all but one Republican seat out

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<v Speaker 5>of existence in the entire region. And they've never gone back.

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<v Speaker 5>This has been going on for years up in New

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<v Speaker 5>England and they've never gone back, even though no other

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<v Speaker 5>states retaliated against them for this, and the way you're

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<v Speaker 5>seeing states do it now, so I don't see why

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<v Speaker 5>we'd ever go back to the world before. But lastly,

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<v Speaker 5>I don't see what's so bad about that. I mean,

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<v Speaker 5>really what, I don't really understand why it's so bad

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<v Speaker 5>for states not to because this makes right state legislative

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<v Speaker 5>elections important. People should care about who they elect to

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<v Speaker 5>the state house because they're the ones drawing the districts,

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<v Speaker 5>and so to me it seems like a I mean,

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<v Speaker 5>this is just a I don't know a consequence of

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<v Speaker 5>democratic elections. I don't see what's so bad about jerrymanders.

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<v Speaker 5>I see lots of people complaining about jerry manning. It's

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<v Speaker 5>so terrible for democracy. I don't think it is a

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<v Speaker 5>federal system where you have fifty different states and they're

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<v Speaker 5>allowed to draw the districts as Maybe it would be

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<v Speaker 5>a bad thing if you had one single, gigantic districting

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<v Speaker 5>system for the entire country and you could redistrict a

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<v Speaker 5>cole you know, whole party out nationwide, but that's not

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<v Speaker 5>the case in our federal system. So real it is

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<v Speaker 5>so bad about jerrymandering. I don't get it.

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<v Speaker 1>Let me put all play Devil's advocate, and I don't.

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<v Speaker 1>When I say that, I mean it sincerely. I don't

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<v Speaker 1>know that I fully believe this, But I even looked

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<v Speaker 1>a little bit of skance at the whole idea of

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<v Speaker 1>Trump asking Texas to redistrict in a in the middle

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<v Speaker 1>until I started paying a little more attention to what

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<v Speaker 1>like you talk about what the Democrats had actually really

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<v Speaker 1>done with districting in the past without ever being countered

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<v Speaker 1>in any way to speak of by the Republicans. But

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<v Speaker 1>I can remember being, you know, in an American government class,

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<v Speaker 1>talking to my students and saying that the problem, for instance,

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<v Speaker 1>in California is not so much that the voters are

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<v Speaker 1>choosing their representatives, it's that their representatives are choosing the voters. Right,

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<v Speaker 1>You've heard that, that old cliche.

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<v Speaker 5>Yeah.

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<v Speaker 1>At what point, though, do we stop believing that you

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<v Speaker 1>can buy demographic information and other pieces of information about

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<v Speaker 1>voters determine how they're going to vote. When will they say,

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<v Speaker 1>for instance, and this is going to be a question,

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<v Speaker 1>I promise, when will voters look at this whole situation

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<v Speaker 1>say you know what, I don't really like that you

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<v Speaker 1>did this, and now I'm going to vote for the

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<v Speaker 1>other party They talked about that happened in Virginia. If

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<v Speaker 1>the ten to one thing had gone through so voters.

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<v Speaker 1>Do voters still have a say? Is what it comes

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<v Speaker 1>down to. Could they still elect a Democrat in out

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<v Speaker 1>of one of those redistricted Memphis areas?

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<v Speaker 5>Do you think, Yeah, what if a party said, we're

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<v Speaker 5>the clean government party and we can't paign on getting

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<v Speaker 5>rid of jerrymanders, and we can't paign on having a

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<v Speaker 5>redistricting committ right, and you or the people, as they

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<v Speaker 5>did in California once upon a time, or in Virginia

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<v Speaker 5>vote for a a nonpartisan redistricting commission or New York

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<v Speaker 5>and then right then you have these people come in

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<v Speaker 5>and say, it's actually interesting, it's mostly in blue states

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<v Speaker 5>who write the blue states who once said we wanted

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<v Speaker 5>to have these in the first place, but now we

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<v Speaker 5>don't like the results, so we're going to get rid

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<v Speaker 5>of them for one time only or two elections only,

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<v Speaker 5>like the Virginia override. But that's something that you can't

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<v Speaker 5>paign on first state legislative elections. Right, you could say

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<v Speaker 5>the people are electing parties to control the state houses

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<v Speaker 5>in part because of their control. I think about it also.

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<v Speaker 5>You know, it's interesting I was thinking about this, Linda. Look, Critia,

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<v Speaker 5>I don't know what you think, but this must have

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<v Speaker 5>been the way it was before the seventeenth Amendment, right before,

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<v Speaker 5>right when Lincoln is running for Senate, Lincoln is actually

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<v Speaker 5>asking people to elect certain members to the Illinois State

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<v Speaker 5>House because they were the ones who would pick, would pick.

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<v Speaker 4>Yeah, all right, we're back. And I'll just add this.

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<v Speaker 4>Aside from the legal questions about it and the long

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<v Speaker 4>politics of jerrymandering, I've noticed that the reaction to it

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<v Speaker 4>is significant, I think in two ways. One, you had

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<v Speaker 4>a bunch of people, including I think David French at

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<v Speaker 4>the New York Times, but who cares having their knickers

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<v Speaker 4>in a twist about why didn't the Virginia Supreme Court

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<v Speaker 4>intervene before the vote to save the taxpayers the cost

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<v Speaker 4>of an election, and this and this and this, and

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<v Speaker 4>of course the simple answer is the law said they couldn't,

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<v Speaker 4>And actually, appellate courts don't rule on prospective things unless

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<v Speaker 4>there's an error in say the language or the law

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<v Speaker 4>that's drafted in the initiative. That's happened occasionally, lots of

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<v Speaker 4>Supreme courts have struck down initiatives state supreme courts around

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<v Speaker 4>the country after they've passed. So there's nothing unusual about that,

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<v Speaker 4>But then the shocking reaction of the Democrats in Virginia.

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<v Speaker 4>Let's fire the whole Supreme Court. I mean, forget court packing.

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<v Speaker 4>Let's reduce the retirement age to fifty four so they

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<v Speaker 4>all have to leave and reappoint new people. I mean,

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<v Speaker 4>this has been nan republic stuff. You know, packing the

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<v Speaker 4>Supreme Court is constitutional, right, this is Congress can change

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<v Speaker 4>the number, so that's true.

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<v Speaker 1>But presumably so can the state of Virginia legislature or

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<v Speaker 1>change the constitution. You know, it's likely a different process

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<v Speaker 1>because there are very few states that actually have the

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<v Speaker 1>protections for the Supreme Court that the United States does.

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<v Speaker 1>But anyway, go ahead. I'm sorry.

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<v Speaker 4>Well, now you add one more layer onto this, which

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<v Speaker 4>is the Voting Rights Act case. You have the Democrats

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<v Speaker 4>in hystery about it, with the Democratic House leader. What

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<v Speaker 4>Hakeem Jeffrey's saying, this is an illegitimate court that's been

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<v Speaker 4>a refrain for a while now, an illegitimate court.

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<v Speaker 3>Who was it who said?

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<v Speaker 4>Somebody tweeted out some Democrat packed the court. Now I thought, okay,

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<v Speaker 4>let's give from five more justices. I mean, they're not

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<v Speaker 4>even thinking this through at all. But the point is

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<v Speaker 4>is that I am now I'm going to recant something

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<v Speaker 4>that I think I said in some episode many months

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<v Speaker 4>ago that well, I think we are both reflecting that

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<v Speaker 4>wonder about getting rid of the filibuster.

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<v Speaker 3>And I still don't like the idea.

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<v Speaker 4>But now I am convinced that the Democrats, if they

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<v Speaker 4>get the chance, they will abolish it. They will pack

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<v Speaker 4>the court, they will admit DC and Puerto Rico.

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<v Speaker 1>They will elect college or try.

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<v Speaker 4>Or abolish it, correct one of those things.

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<v Speaker 1>And well, they're already. They're already they do have statutory statewide,

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<v Speaker 1>statutory methods whereby they're going to undermine the electoral college.

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<v Speaker 1>And yes, I do think they will do that, you know,

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<v Speaker 1>the idea that the elector all electoral college votes will

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<v Speaker 1>go to the popular vote winner, and that sort of thing.

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<v Speaker 1>I need to think sometime. Sometimes I need to think

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<v Speaker 1>through what the actual practical ramification as that are, because

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<v Speaker 1>I'm guessing it wouldn't turn out the way they expect

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<v Speaker 1>it to. You know, I had to I was going

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<v Speaker 1>to send you something and I just thought busy. I apologize,

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<v Speaker 1>But who was it in California that now wants to

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<v Speaker 1>change your jungle primary? Of course, back to, you know,

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<v Speaker 1>a party based system, because hey, this isn't working out

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<v Speaker 1>what way the way we thought it would? You know

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<v Speaker 1>that we would have one hundred percent full time forever,

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<v Speaker 1>uh one party advantage with this jungle primary.

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<v Speaker 4>Yeah so typical, right, Yeah, I mean so as you know,

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<v Speaker 4>our democracy trademark is actually literally true.

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<v Speaker 3>Our democracy means we.

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<v Speaker 4>Win, right, we will if if we're not getting our way,

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<v Speaker 4>we changed the rules. But here's the This gets back

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<v Speaker 4>to an even older conversation we had along with John

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<v Speaker 4>maybe three years ago now maybe more.

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<v Speaker 3>We were speculating about, you know, could there really be

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<v Speaker 3>another civil war?

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<v Speaker 4>And you know we we you and I tangled a

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<v Speaker 4>bit about whether the Spanish Civil War is a model

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<v Speaker 4>or not. I am proposing, not highly facetiously, what I'm

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<v Speaker 4>calling you'll see why it's half facetious.

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<v Speaker 3>I want to propose.

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<v Speaker 4>The Union of Concerned Political Scientists doomsday clock, and I'm

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<v Speaker 4>gonna I'm gonna move the clock up to four minutes

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<v Speaker 4>to midnight.

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<v Speaker 5>Right.

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<v Speaker 4>People, Remember the the action was the bullt of the

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<v Speaker 4>Atomic Scientists, and the Union of Concerned Scientist was even worse.

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<v Speaker 4>But the point is is they made lots of publicity

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<v Speaker 4>for decades with their doomsday clock, and it would go

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<v Speaker 4>up a minute.

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<v Speaker 1>We're a minute, We're a minute, We're a minute.

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<v Speaker 3>That's right.

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<v Speaker 4>Yeah, but you know if oh so, let me add

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<v Speaker 4>one more data point and then we'll go on to

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<v Speaker 4>the next legal question.

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<v Speaker 1>Uh.

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<v Speaker 4>We've essentially seeing the we mentioned this before a week

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<v Speaker 4>or two ago. We've seen the mayor of New York

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<v Speaker 4>City essentially threaten Ken Griffith, you know, one of the

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<v Speaker 4>the great financial titans of our time, by standing in

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<v Speaker 4>front of his apartment around the corner from where that

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<v Speaker 4>Luigi what's his name guy shot the seat Mangioni and

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<v Speaker 4>became called hero for the Left. I guess there's even

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<v Speaker 4>a stage play about him, already celebrating him typical.

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<v Speaker 3>But we've seen two things.

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<v Speaker 1>You see, by the way, from a female point of view,

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<v Speaker 1>he's not that cute. He's a soy boy. Go ahead,

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<v Speaker 1>all those women who want to marry him or do

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<v Speaker 1>something with him anyway.

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<v Speaker 4>Well, you know, there's there's always that cohort of women

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<v Speaker 4>who write love letters to like Charles Manson in prison, right.

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<v Speaker 4>I mean this is not it's ridiculous, but you know

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<v Speaker 4>who wanted to have a date with Jeffrey Dahmer, I.

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<v Speaker 1>Share and he wanted to eat them with dates.

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<v Speaker 4>Well, okay, I was gonna say he wanted to share

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<v Speaker 4>open face sandwiches with him.

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<v Speaker 3>I know that's worse there. Sorry, so you'll set me.

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<v Speaker 1>Okay, I sent you a text.

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<v Speaker 4>Well, here's the serious point. You have these polls showing

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<v Speaker 4>a parality of Democrats thinking the Butler attempt on Trump

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<v Speaker 4>and the White House core respondesced and attempt were faked,

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<v Speaker 4>which is looney Tunes territory. But then you also have

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<v Speaker 4>especially younger liberals and Democrats coming along, like forty percent

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<v Speaker 4>saying violence is justified for political uh, for your political goals.

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<v Speaker 4>So if it comes to pass that you have always

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<v Speaker 4>reformed and I agree with you, probably wouldn't work out

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<v Speaker 4>the way the Democrats think. Uh, then what happens after

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<v Speaker 4>that possibly bad stuff. And so that's why four minutes

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<v Speaker 4>to midnight is it is a gimmick. It's I want

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<v Speaker 4>to make fun of all those you know, Union of

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<v Speaker 4>Concerns scientists.

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<v Speaker 3>But it's not crazy to think about.

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<v Speaker 1>So let me just throw something a little And we

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<v Speaker 1>didn't talk about this, but I'm want to throw it

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<v Speaker 1>at you anyway. You know, I'm the one who always

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<v Speaker 1>complains about Republicans refusing to recognize the war that they're in,

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<v Speaker 1>and you know, wanting to be gentlemen, wanting to to

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<v Speaker 1>and wanting to stick with principles, wanting to defend institutions,

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<v Speaker 1>and even being willing to lose because they're defending their

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<v Speaker 1>principles and their institutions. I wonder how much longer, you know,

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<v Speaker 1>the Republican Party can veer toward Mike Pence if the

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<v Speaker 1>Democrats continue to go down this road, which I do

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<v Speaker 1>think is it's becoming worse. You know, you're four minutes

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<v Speaker 1>to midnight, whatever you want to call it. I just

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<v Speaker 1>you have to wonder. I'm not saying civil war necessarily,

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<v Speaker 1>but Trump is popular in large part because he doesn't

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<v Speaker 1>care to play the game the way it's always been played,

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<v Speaker 1>which is they get to do whatever they want. John

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<v Speaker 1>brought up a really good point in this regard about

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<v Speaker 1>the jerrymandering that you know, come on, let's be real.

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<v Speaker 1>Democrats have jerrymandered both racially jerrymandered and politically jerrymandered partisan

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<v Speaker 1>jerrymanderd for years. It's part of the reason why they're

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<v Speaker 1>so desperate. There's nothing left for them to Jerrymander Steve

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<v Speaker 1>right right, I mean, and so Trump and I confess

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<v Speaker 1>to being a little bit unnerved by Trump, you know,

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<v Speaker 1>encouraging it in Texas and didn't feel right right me

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<v Speaker 1>of all people, but you know, John convinced me that

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<v Speaker 1>this is what we have to do. We don't have

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<v Speaker 1>a choice.

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<v Speaker 4>Yeah, It's it's a rare day when Sean is more

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<v Speaker 4>ferocious than you and I are. But all right, I'll

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<v Speaker 4>just add this. You know, I think it's our friend

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<v Speaker 4>Tom Klingenstein, who's been writing for several years now, the

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<v Speaker 4>phrase that we're in a cold civil war, like the

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<v Speaker 4>Cold War is so cold, and so that the question

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<v Speaker 4>is when does it become a hot civil war for real?

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<v Speaker 3>And I also I just add a plug, Haret, And

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<v Speaker 3>you know, I interviewed.

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<v Speaker 4>Noel Rothman on the Ricochet podcast, who's got just got

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<v Speaker 4>a brand new book out this week on violence of

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<v Speaker 4>the left right. And so there's that. But we're going

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<v Speaker 4>to go to a quick ad break with some bumper music.

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<v Speaker 4>That is the baseline that is blowing up the internet.

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<v Speaker 3>So the Internet says, we'll be right back.

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<v Speaker 2>Hi, everybody, it's Steve. I know you were expecting one

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<v Speaker 2>of those automated drop in ads, but instead today what

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<v Speaker 2>I want to do is encourage all of you who

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<v Speaker 2>are regular listeners to the Three Whiskey Happy Hour to

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<v Speaker 2>consider subscribing to our group, Substack Political Questions. You can

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<v Speaker 2>find it at Steve Hayward dot substack dot com. It's

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<v Speaker 2>completely free to subscribe, though if you'd like to become

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<v Speaker 2>a paying supporting subscriber, our rates are much much lower

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<v Speaker 2>than your average substack and it would be a nice

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<v Speaker 2>token of support if you're so inclined. It's not just me,

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<v Speaker 2>but you will find John Yu from time to time,

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<v Speaker 2>Lucretia from time to time, but in particular every Thursday

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<v Speaker 2>and Friday, we have the very popular novelist Max Cossack,

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<v Speaker 2>and on Friday, Ammogirl shows up every week with her

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<v Speaker 2>humorous stylings and sometimes snarky observations.

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<v Speaker 4>On the world.

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<v Speaker 2>So please join up with Political Questions. You'll have a

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<v Speaker 2>lot of fun and we'll enjoy having you there. And

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<v Speaker 2>now back to our regular programming, beginning with some snark

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<v Speaker 2>from John from our original taping session that went so sideways.

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<v Speaker 5>You know, guys, if you let Steve have his own

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<v Speaker 5>addendum and appendix to our podcast. It's just going to

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<v Speaker 5>be about air quality. I mean, does everybody want to

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<v Speaker 5>listen to Steve Talk? Fifty I and class have lifted

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<v Speaker 5>to Steve Talks for fifteenth straight minutes about clean air,

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<v Speaker 5>during which time he used up all the oxygen in

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<v Speaker 5>the room.

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<v Speaker 4>All right, let's resumed with Lucretia and John unplugged, this

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<v Speaker 4>time about a recent important case from the Ninth Circuit

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<v Speaker 4>Court of Appeals that I completely missed.

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<v Speaker 3>So take it away, guys.

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<v Speaker 1>Well this gives me an opportunity. John, I'm going to

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<v Speaker 1>jump right in. There was a Ninth Circuit Court decision

422
00:22:50.119 --> 00:22:52.839
<v Speaker 1>a couple of weeks ago now, and I of course

423
00:22:52.880 --> 00:22:54.720
<v Speaker 1>don't remember the name of it, but it was actually

424
00:22:54.720 --> 00:22:59.400
<v Speaker 1>one of those COVID Area era decisions where an employer

425
00:22:59.759 --> 00:23:06.559
<v Speaker 1>held health employer, medical employer some kind would not grant

426
00:23:06.720 --> 00:23:13.599
<v Speaker 1>religious exemptions for the vaccine, and that people were placed

427
00:23:13.599 --> 00:23:18.000
<v Speaker 1>on leave and ultimately fired because they wouldn't they couldn't

428
00:23:18.000 --> 00:23:22.680
<v Speaker 1>get the exception, and the place wouldn't allow them to

429
00:23:22.680 --> 00:23:25.400
<v Speaker 1>come back. I should have sent you the case. But

430
00:23:25.799 --> 00:23:27.599
<v Speaker 1>the reason I want to mention is we have brought

431
00:23:27.680 --> 00:23:29.880
<v Speaker 1>up a couple of times this whole question of the

432
00:23:29.920 --> 00:23:34.160
<v Speaker 1>free exercise clause versus say. You know, we talked about

433
00:23:34.359 --> 00:23:40.359
<v Speaker 1>transgender protections for transgender people and things like that and

434
00:23:40.400 --> 00:23:42.559
<v Speaker 1>how the courts have not been really good about it.

435
00:23:42.559 --> 00:23:45.640
<v Speaker 1>But this Ninth Circuit decision actually really got me because

436
00:23:45.640 --> 00:23:48.079
<v Speaker 1>here was the argument, and it's unfair to do this

437
00:23:48.119 --> 00:23:50.559
<v Speaker 1>to you because you haven't read it, but it was

438
00:23:51.359 --> 00:23:56.799
<v Speaker 1>that an employer, a health employer needs you know, medical

439
00:23:56.880 --> 00:24:00.640
<v Speaker 1>employer needs the people to be healthy. They need them

440
00:24:00.680 --> 00:24:02.880
<v Speaker 1>to be healthy, they don't want them to pass any

441
00:24:02.920 --> 00:24:06.680
<v Speaker 1>diseases on to other people, and that therefore the requirement

442
00:24:06.759 --> 00:24:11.119
<v Speaker 1>that you get the vaccine or get fired made sense.

443
00:24:11.400 --> 00:24:16.000
<v Speaker 1>It was one of those reasonable accommodations, a reasonable compelling

444
00:24:16.079 --> 00:24:18.839
<v Speaker 1>interests that the employer could do, and it was something

445
00:24:18.880 --> 00:24:22.720
<v Speaker 1>about what was reasonable. Well, here's my point. If you

446
00:24:22.799 --> 00:24:27.240
<v Speaker 1>fire people, if your reason for demanding that they get

447
00:24:27.240 --> 00:24:30.640
<v Speaker 1>a vaccine is so that you don't lose your workforce,

448
00:24:30.759 --> 00:24:33.400
<v Speaker 1>and then they fire people who don't get the vaccine,

449
00:24:33.799 --> 00:24:36.480
<v Speaker 1>didn't anybody on the court think that that was problematic?

450
00:24:37.720 --> 00:24:40.960
<v Speaker 1>I know, again unfair, but there is a bigger issue.

451
00:24:41.240 --> 00:24:43.839
<v Speaker 1>When are we going to have courts that actually take

452
00:24:44.599 --> 00:24:46.000
<v Speaker 1>the First Amendment seriously?

453
00:24:46.079 --> 00:24:51.039
<v Speaker 5>Again, Well, This is interesting because it depends who the

454
00:24:51.079 --> 00:24:56.160
<v Speaker 5>employer is. If the employer is a private company, then

455
00:24:56.279 --> 00:25:00.680
<v Speaker 5>the First Amendment doesn't apply to them at all if

456
00:25:00.720 --> 00:25:03.200
<v Speaker 5>it's a state. So if it was a state or

457
00:25:03.240 --> 00:25:05.839
<v Speaker 5>local government, doesn't sound like it was. But if it

458
00:25:05.880 --> 00:25:07.920
<v Speaker 5>was a state in local government, then you would have

459
00:25:08.000 --> 00:25:10.960
<v Speaker 5>to go back to the arguments that we were having

460
00:25:10.960 --> 00:25:14.519
<v Speaker 5>with Phil Munnos. If you remember, is the government allowed

461
00:25:14.519 --> 00:25:18.200
<v Speaker 5>to pass a generally applicable law and if it just

462
00:25:18.480 --> 00:25:22.920
<v Speaker 5>happens to affect religious groups more under this case called

463
00:25:22.920 --> 00:25:28.440
<v Speaker 5>employment division versus Smith, unless there's a compelling I mean,

464
00:25:28.559 --> 00:25:31.599
<v Speaker 5>unless there's Actually it sounds like there's almost no cases

465
00:25:31.640 --> 00:25:36.640
<v Speaker 5>where the religious minority could prevail unless you could prove

466
00:25:36.680 --> 00:25:39.079
<v Speaker 5>that the law was really a pretext and was really

467
00:25:39.200 --> 00:25:42.640
<v Speaker 5>drawn to discriminate on the basis of religion. Here's the

468
00:25:42.680 --> 00:25:48.079
<v Speaker 5>interesting thing, Lucretia, is that prohibition on hiring and firing

469
00:25:48.480 --> 00:25:51.680
<v Speaker 5>by private employers is not from the First Amendments, from

470
00:25:51.720 --> 00:25:54.640
<v Speaker 5>Title seven of the Civil Rights Act of nineteen sixty four.

471
00:25:55.359 --> 00:25:59.559
<v Speaker 5>And you could make the argument that the Title seven

472
00:25:59.640 --> 00:26:03.480
<v Speaker 5>does not create the use the same standard that the

473
00:26:03.519 --> 00:26:06.680
<v Speaker 5>First Amendment does, that it actually could be tougher on

474
00:26:06.920 --> 00:26:12.880
<v Speaker 5>employers that it could require them to accommodate religious minorities. So,

475
00:26:13.440 --> 00:26:16.319
<v Speaker 5>to take an example, I think that and AM player

476
00:26:16.400 --> 00:26:19.720
<v Speaker 5>could not get away with something that said, we're just

477
00:26:19.799 --> 00:26:23.480
<v Speaker 5>firing everyone who gets who won't take a vaccine on

478
00:26:23.559 --> 00:26:28.359
<v Speaker 5>religious grounds because we don't think religious grounds are right,

479
00:26:28.519 --> 00:26:31.559
<v Speaker 5>genuine and honest, right. I think that would the employer

480
00:26:31.599 --> 00:26:32.559
<v Speaker 5>would clearly lose.

481
00:26:32.799 --> 00:26:37.599
<v Speaker 1>I think that that issue was addressed and dismissed, that

482
00:26:37.640 --> 00:26:41.839
<v Speaker 1>they had, you know, done whatever due diligence to determine

483
00:26:41.839 --> 00:26:44.519
<v Speaker 1>that it was in fact religious exemptions. I don't know

484
00:26:44.559 --> 00:26:46.400
<v Speaker 1>how you actually prove something like that.

485
00:26:47.759 --> 00:26:49.559
<v Speaker 5>So then the real question is, you know, so you

486
00:26:49.559 --> 00:26:52.359
<v Speaker 5>have a you know, like IBM or Microsoft. They fire

487
00:26:52.519 --> 00:26:56.119
<v Speaker 5>someone because they won't take the vaccine, and then the

488
00:26:56.160 --> 00:26:59.359
<v Speaker 5>employee says, I have a religious reason for not taking

489
00:26:59.440 --> 00:27:03.920
<v Speaker 5>the vaccine. Usually the government employed, I'm sorry. The employer

490
00:27:03.960 --> 00:27:06.599
<v Speaker 5>would have to show some kind of what they call

491
00:27:06.720 --> 00:27:10.319
<v Speaker 5>something like a reasonable business justification for why they have

492
00:27:10.480 --> 00:27:16.200
<v Speaker 5>that rule. And I don't know, I mean, I think

493
00:27:16.240 --> 00:27:19.039
<v Speaker 5>some of this is then going to depend on the

494
00:27:19.079 --> 00:27:22.000
<v Speaker 5>science of whether you can read, you know, whether you

495
00:27:22.079 --> 00:27:25.359
<v Speaker 5>really need to demand everybody have a vaccine to have

496
00:27:25.400 --> 00:27:28.319
<v Speaker 5>a functioning workforce. It's really interesting, though, I just don't

497
00:27:28.400 --> 00:27:31.279
<v Speaker 5>I don't know how court resolved because I think this

498
00:27:31.359 --> 00:27:33.319
<v Speaker 5>is really I don't think this has reached the US

499
00:27:33.400 --> 00:27:34.519
<v Speaker 5>Supreme Court.

500
00:27:35.039 --> 00:27:37.359
<v Speaker 1>This is the Ninth Circuit case two weeks ago. But

501
00:27:39.200 --> 00:27:43.359
<v Speaker 1>that was the other thing. If at some point the

502
00:27:44.400 --> 00:27:47.920
<v Speaker 1>the it was absolutely determined, which, of course I think

503
00:27:47.960 --> 00:27:51.039
<v Speaker 1>it already has been, but absolutely determined from a scientific

504
00:27:51.079 --> 00:27:54.920
<v Speaker 1>point of view that the vaccine was not only not

505
00:27:55.079 --> 00:27:58.480
<v Speaker 1>effective in the ways that they claimed, but harmful to

506
00:27:58.599 --> 00:28:03.359
<v Speaker 1>many people. That was not addressed at all in the opinion.

507
00:28:04.160 --> 00:28:06.799
<v Speaker 1>Would that make a difference, because wouldn't you be looking

508
00:28:06.799 --> 00:28:09.440
<v Speaker 1>at the employer's state of mind at the time. That's

509
00:28:09.200 --> 00:28:10.920
<v Speaker 1>my first question I had to follow on.

510
00:28:11.759 --> 00:28:14.079
<v Speaker 5>No, I mean, that's a really great question. So I

511
00:28:14.079 --> 00:28:16.839
<v Speaker 5>think one of the things that would have to get

512
00:28:16.880 --> 00:28:21.000
<v Speaker 5>to the Supreme Court is if the employer made the decision,

513
00:28:21.119 --> 00:28:25.720
<v Speaker 5>say in twenty twenty, right at the beginning of the pandemic,

514
00:28:25.759 --> 00:28:29.680
<v Speaker 5>before anybody really knew very much, maybe they could say

515
00:28:29.759 --> 00:28:32.119
<v Speaker 5>we're going to require everyone to get the vaccine. But

516
00:28:32.160 --> 00:28:36.079
<v Speaker 5>then suppose over time you learn more information, for example,

517
00:28:36.119 --> 00:28:39.440
<v Speaker 5>as you say the Cristia that the vaccines not really necessary.

518
00:28:39.720 --> 00:28:42.880
<v Speaker 5>If you're under forty, or the vaccine isn't necessary if

519
00:28:42.880 --> 00:28:46.359
<v Speaker 5>you're healthy. You could go on and say, or you're

520
00:28:46.359 --> 00:28:48.759
<v Speaker 5>in the age group where the vaccine might actually be harmful.

521
00:28:49.880 --> 00:28:52.720
<v Speaker 5>Then you know, this is interesting. Does the employer have

522
00:28:52.799 --> 00:28:57.720
<v Speaker 5>an obligation to update the policy in line with new information?

523
00:28:57.960 --> 00:28:59.359
<v Speaker 5>I would think you would have to.

524
00:28:59.759 --> 00:29:00.559
<v Speaker 3>Don't think you could.

525
00:29:00.559 --> 00:29:02.680
<v Speaker 5>I don't think an employer could say I'm meeting Title

526
00:29:02.720 --> 00:29:07.519
<v Speaker 5>seven because i have some anti antidiluvian policy that was

527
00:29:07.599 --> 00:29:10.640
<v Speaker 5>made before scientification, and I'm allowed to just stick through

528
00:29:10.640 --> 00:29:12.720
<v Speaker 5>it no matter how much new information comes up.

529
00:29:13.440 --> 00:29:19.599
<v Speaker 1>So there's some back and forth about this in the chat.

530
00:29:19.799 --> 00:29:22.599
<v Speaker 1>And that's the question back to the question of whether

531
00:29:22.680 --> 00:29:25.400
<v Speaker 1>or not it's a public it's an agent of the

532
00:29:25.480 --> 00:29:29.880
<v Speaker 1>state involved. The employer is actually a public employer, not

533
00:29:29.960 --> 00:29:33.200
<v Speaker 1>a private one. But there are cases that deal with

534
00:29:34.279 --> 00:29:41.559
<v Speaker 1>religious persecution of religious minorities or single persons who are

535
00:29:41.640 --> 00:29:45.279
<v Speaker 1>claiming a religious exemption or the right to practice a

536
00:29:45.319 --> 00:29:51.319
<v Speaker 1>religious belief. And is there no First Amendment protection for

537
00:29:51.359 --> 00:29:52.480
<v Speaker 1>that at all.

538
00:29:52.960 --> 00:29:55.279
<v Speaker 5>For non people not connected to the state.

539
00:29:55.839 --> 00:29:56.799
<v Speaker 1>Yeah, I don't not.

540
00:29:56.920 --> 00:29:59.720
<v Speaker 5>Under the Constitution. Again, it has to come from Title seven.

541
00:30:00.119 --> 00:30:03.920
<v Speaker 5>And look, maybe it's an interesting I think fundamental question.

542
00:30:03.960 --> 00:30:08.640
<v Speaker 5>I ask you, Lucretia, does political theory require that we

543
00:30:08.839 --> 00:30:12.960
<v Speaker 5>have that we make private firms and individuals not discriminate

544
00:30:13.000 --> 00:30:15.440
<v Speaker 5>on the basis of religion when they act. I think

545
00:30:15.480 --> 00:30:17.720
<v Speaker 5>we could make a strong, a very strong claim that

546
00:30:17.720 --> 00:30:22.480
<v Speaker 5>the government shouldn't pick amongst religions when it's acting. But

547
00:30:23.039 --> 00:30:25.559
<v Speaker 5>why do you and I care whether you know, if

548
00:30:25.680 --> 00:30:29.440
<v Speaker 5>Lucretia only wants to drink I don't know Mormon made whiskey.

549
00:30:29.480 --> 00:30:31.920
<v Speaker 5>Why can't you just buy Mormon made whiskey, like there

550
00:30:31.960 --> 00:30:34.319
<v Speaker 5>would be such a thing, Or you know, why can't

551
00:30:34.640 --> 00:30:38.400
<v Speaker 5>Chick fil A, for example, say we don't want to

552
00:30:38.480 --> 00:30:42.440
<v Speaker 5>hire people who want to work on Sundays, or we're like,

553
00:30:42.480 --> 00:30:46.480
<v Speaker 5>why can't Why can't a private company decide to discriminate

554
00:30:46.519 --> 00:30:50.440
<v Speaker 5>on the basis of religion in its operations and right,

555
00:30:50.559 --> 00:30:53.559
<v Speaker 5>if that's offensive, then people don't have to work there,

556
00:30:53.640 --> 00:30:56.359
<v Speaker 5>they don't have to buy the products, And theoretically other

557
00:30:56.359 --> 00:30:59.519
<v Speaker 5>competitors will come in and say, we are more religious

558
00:30:59.559 --> 00:31:02.319
<v Speaker 5>or we're less religious, buy from us, work for us.

559
00:31:02.519 --> 00:31:04.759
<v Speaker 5>I don't so explain to you, why do you want

560
00:31:04.799 --> 00:31:07.839
<v Speaker 5>why do you think private firms or companies or individuals

561
00:31:07.839 --> 00:31:11.920
<v Speaker 5>should be under some non discrimination standard for religion.

562
00:31:12.680 --> 00:31:17.599
<v Speaker 1>What about hobby lobby not wanting to purchase insurance under

563
00:31:17.920 --> 00:31:19.440
<v Speaker 1>the Affordable Care Act?

564
00:31:19.720 --> 00:31:23.759
<v Speaker 5>That's to me, I know, to me, hobby lobby should

565
00:31:23.759 --> 00:31:27.960
<v Speaker 5>be free to discriminate on right, that's because the state

566
00:31:28.079 --> 00:31:30.920
<v Speaker 5>made them. That's my point is the state was trying

567
00:31:30.960 --> 00:31:33.519
<v Speaker 5>to force them not to not to, and it's thought

568
00:31:33.599 --> 00:31:37.839
<v Speaker 5>discriminate against we're you know, groups. I think this hobby

569
00:31:37.839 --> 00:31:38.880
<v Speaker 5>lobby should be allowed to.

570
00:31:39.599 --> 00:31:41.799
<v Speaker 1>Okay, So this is a little bit of a changing

571
00:31:41.799 --> 00:31:44.839
<v Speaker 1>of the subject, but it follows on what we're seeing,

572
00:31:45.000 --> 00:31:50.039
<v Speaker 1>the rise of anti Semitism that's tied so clearly to

573
00:31:50.319 --> 00:31:55.200
<v Speaker 1>supposedly to anti Zionism. Right, you can hate Israel, and

574
00:31:55.720 --> 00:31:57.839
<v Speaker 1>I hate Israel, but I don't hate Jews. Now we

575
00:31:57.920 --> 00:32:02.680
<v Speaker 1>know that that that's just simply not the case. Israel

576
00:32:02.759 --> 00:32:10.559
<v Speaker 1>is going to sue the New York Times for that ridiculous, ludicrous, obnoxious.

577
00:32:10.599 --> 00:32:15.119
<v Speaker 1>I don't have enough negative adjectives to describe the Nicholas

578
00:32:16.079 --> 00:32:23.079
<v Speaker 1>whatever his name is, christof piece that. You know, anybody

579
00:32:23.119 --> 00:32:25.680
<v Speaker 1>with two brains in their head realizes that not only

580
00:32:25.799 --> 00:32:29.400
<v Speaker 1>was it just an absolute lie and made up a

581
00:32:29.400 --> 00:32:32.759
<v Speaker 1>bunch of stuff, but it was also done to try

582
00:32:32.799 --> 00:32:38.279
<v Speaker 1>to mute the mute the impact of the testimony and

583
00:32:38.319 --> 00:32:41.359
<v Speaker 1>the vision, the images and so forth coming out from

584
00:32:41.400 --> 00:32:44.559
<v Speaker 1>what Hamas did on October seventh, which you know, was

585
00:32:44.680 --> 00:32:48.680
<v Speaker 1>barely recognizable as human as human, and so they had

586
00:32:48.680 --> 00:32:52.200
<v Speaker 1>to come up with something even more inhuman to try

587
00:32:52.200 --> 00:32:57.119
<v Speaker 1>to get people's attention away. But can the State of

588
00:32:57.319 --> 00:33:00.640
<v Speaker 1>Israel sue the New York Times for for libel?

589
00:33:02.680 --> 00:33:04.079
<v Speaker 3>No, I don't think so.

590
00:33:05.400 --> 00:33:09.119
<v Speaker 5>I mean, I read a book, I read a note

591
00:33:09.160 --> 00:33:12.920
<v Speaker 5>about that, and uh, you know, so you know Ash,

592
00:33:13.680 --> 00:33:16.319
<v Speaker 5>so you know the New York Times versus Sullivan's standard.

593
00:33:16.519 --> 00:33:19.400
<v Speaker 5>And I think we I think we discussed this many

594
00:33:19.480 --> 00:33:21.119
<v Speaker 5>years ago. I think we both agree that is not

595
00:33:21.279 --> 00:33:24.440
<v Speaker 5>part of the original understanding of the First Amendment free

596
00:33:24.440 --> 00:33:27.880
<v Speaker 5>speech clause that you used to have more robust libel

597
00:33:27.880 --> 00:33:30.279
<v Speaker 5>and defamation laws at the time of the founding. There

598
00:33:30.319 --> 00:33:32.599
<v Speaker 5>was no idea at the time of the founding that

599
00:33:32.759 --> 00:33:35.279
<v Speaker 5>since she simply because you were a public figure or

600
00:33:35.400 --> 00:33:40.480
<v Speaker 5>government official, you were somehow not allowed to sue people

601
00:33:40.559 --> 00:33:43.960
<v Speaker 5>for a libel and defamation unless they had committed actual malice.

602
00:33:44.079 --> 00:33:44.200
<v Speaker 3>Right.

603
00:33:44.240 --> 00:33:46.680
<v Speaker 5>That was the standard the Supreme Court has come up

604
00:33:46.720 --> 00:33:49.599
<v Speaker 5>with in the New York Times case. But if that

605
00:33:49.759 --> 00:33:55.559
<v Speaker 5>is the standard, right, then then Israel and Israel would

606
00:33:55.599 --> 00:33:57.240
<v Speaker 5>have to And it's interesting. I also don't know.

607
00:33:57.319 --> 00:33:58.880
<v Speaker 3>Here's a I share the thought.

608
00:33:59.319 --> 00:34:03.599
<v Speaker 5>Is ken a country claim that it's been defamed. Usually

609
00:34:03.799 --> 00:34:08.159
<v Speaker 5>it's the idea is it's an individual's reputation, and you know,

610
00:34:08.199 --> 00:34:10.519
<v Speaker 5>you look at the founding. They almost talk about reputation

611
00:34:10.559 --> 00:34:13.599
<v Speaker 5>as if it's a property right. It's like an property interest.

612
00:34:13.639 --> 00:34:15.880
<v Speaker 5>It's something that you own that can be harmed.

613
00:34:16.360 --> 00:34:18.960
<v Speaker 1>If they do understand that in the context of what

614
00:34:19.079 --> 00:34:20.599
<v Speaker 1>Israel's going through right now.

615
00:34:21.239 --> 00:34:24.239
<v Speaker 5>Oh yeah, But I just wonder whether it's a legal concept.

616
00:34:24.320 --> 00:34:27.519
<v Speaker 5>Can a country have a reputation like you and I

617
00:34:27.559 --> 00:34:30.599
<v Speaker 5>can have a reputation and then sue to say you've

618
00:34:31.000 --> 00:34:33.800
<v Speaker 5>harmed our reputation or could it be the case that

619
00:34:33.840 --> 00:34:35.199
<v Speaker 5>you and I allowed to say whatever the hell we

620
00:34:35.239 --> 00:34:36.280
<v Speaker 5>want about other countries?

621
00:34:36.800 --> 00:34:36.960
<v Speaker 3>Right?

622
00:34:37.480 --> 00:34:41.239
<v Speaker 5>There's just is there any this is That's an interesting thing.

623
00:34:41.280 --> 00:34:45.159
<v Speaker 5>I've never seen anyone try to excavate what the First

624
00:34:45.199 --> 00:34:48.519
<v Speaker 5>Amendment free speech free press clause meant in terms of

625
00:34:48.559 --> 00:34:53.519
<v Speaker 5>protecting the reputation of a state, a country, or even

626
00:34:54.360 --> 00:34:57.039
<v Speaker 5>maybe this came up in an American state. For maybe

627
00:34:57.079 --> 00:34:58.760
<v Speaker 5>an American state might have done this, but it'll be

628
00:34:58.800 --> 00:35:02.119
<v Speaker 5>the same question. But putting that aside, then you'd have

629
00:35:02.199 --> 00:35:06.960
<v Speaker 5>to prove that Nick Christoff had violated the actual malice

630
00:35:06.960 --> 00:35:10.079
<v Speaker 5>standard when he wrote, and that would mean what did

631
00:35:10.119 --> 00:35:15.119
<v Speaker 5>he actually do to try to verify that this outrageous

632
00:35:15.119 --> 00:35:19.000
<v Speaker 5>accusation had any basis in fact? Did he call anybody?

633
00:35:19.400 --> 00:35:23.559
<v Speaker 5>Did he talk to anyone? Or was he just repeating

634
00:35:23.599 --> 00:35:26.519
<v Speaker 5>something that was in the most fevered swamps of the internet.

635
00:35:27.280 --> 00:35:32.400
<v Speaker 1>Now he actually his source was a pro Haamas journalist.

636
00:35:32.559 --> 00:35:35.800
<v Speaker 1>I guess that was his source. I'm to understand. Let

637
00:35:35.800 --> 00:35:38.119
<v Speaker 1>me go back to the Sullivan case New Times, the

638
00:35:38.159 --> 00:35:40.599
<v Speaker 1>Sullivant case for a moment, and carry on with what

639
00:35:40.599 --> 00:35:43.280
<v Speaker 1>you said about you know what Israel's reputation.

640
00:35:43.360 --> 00:35:43.639
<v Speaker 5>So on.

641
00:35:43.920 --> 00:35:50.440
<v Speaker 1>Remember that the justification for adding the extra requirement of

642
00:35:50.559 --> 00:35:54.880
<v Speaker 1>actual malice. So the defense against libel is the truth.

643
00:35:55.280 --> 00:35:58.000
<v Speaker 1>You cannot see someone for libel if they have printed

644
00:35:58.039 --> 00:36:02.559
<v Speaker 1>something that was true. If an unknown person like me

645
00:36:03.000 --> 00:36:08.800
<v Speaker 1>is the victim of some outrageous slander libel in a publication,

646
00:36:09.280 --> 00:36:11.559
<v Speaker 1>I can sue because nobody knows who I am, and

647
00:36:11.639 --> 00:36:13.679
<v Speaker 1>therefore all I have to prove is that they.

648
00:36:13.599 --> 00:36:17.559
<v Speaker 5>Lied behind you hide behind.

649
00:36:20.039 --> 00:36:23.159
<v Speaker 1>What if they defamed the great Lucretian name, that would

650
00:36:23.199 --> 00:36:27.679
<v Speaker 1>be awful. But anyway, but if somebody writes some scandalous

651
00:36:27.679 --> 00:36:33.559
<v Speaker 1>things about you, you have to prove the intent behind

652
00:36:34.159 --> 00:36:37.880
<v Speaker 1>the falsity, not just the falsity. But the court's rationale

653
00:36:38.639 --> 00:36:44.599
<v Speaker 1>is that not requiring that would have a chilling effect

654
00:36:45.239 --> 00:36:48.760
<v Speaker 1>on free speech, which is again a made up rationale.

655
00:36:49.159 --> 00:36:51.440
<v Speaker 1>Why that would have a chilling effect on free speech?

656
00:36:52.440 --> 00:36:54.960
<v Speaker 1>I think it would have a chilling effect on lies.

657
00:36:55.440 --> 00:36:57.679
<v Speaker 1>I don't think it would have a chilling effect on

658
00:36:57.719 --> 00:37:00.239
<v Speaker 1>free speech. But that's what the Court is said. Do

659
00:37:00.320 --> 00:37:04.320
<v Speaker 1>you think there's any chance that they will abandon it?

660
00:37:04.840 --> 00:37:09.519
<v Speaker 5>So there are I think Justice Thomas and maybe gor

661
00:37:09.559 --> 00:37:11.719
<v Speaker 5>Sich might have joined him. But Justice Thomas has written

662
00:37:12.360 --> 00:37:14.960
<v Speaker 5>an opinion calling for the Court to re examine New

663
00:37:15.039 --> 00:37:18.880
<v Speaker 5>York Times versus Sullivan. It's obviously not an opinion that's

664
00:37:18.960 --> 00:37:22.559
<v Speaker 5>rooted in the original understanding of the free speech and

665
00:37:22.639 --> 00:37:27.320
<v Speaker 5>free press clauses. And this Court is trying to guide

666
00:37:27.320 --> 00:37:30.760
<v Speaker 5>its decisions by originalism. And if you do, then you

667
00:37:30.800 --> 00:37:33.360
<v Speaker 5>would want to look back at it. You know. The

668
00:37:33.480 --> 00:37:37.800
<v Speaker 5>other thing I think to follow on your point about

669
00:37:37.920 --> 00:37:42.199
<v Speaker 5>why the Court thought this was necessary, was or at

670
00:37:42.280 --> 00:37:44.360
<v Speaker 5>least some scholars have said the real point of the

671
00:37:44.360 --> 00:37:48.519
<v Speaker 5>free speech clause is to create a robust space to

672
00:37:48.599 --> 00:37:51.239
<v Speaker 5>criticize the government. That that's really what the free speech

673
00:37:51.280 --> 00:37:55.480
<v Speaker 5>laws allow us to engage in self government, and we

674
00:37:55.559 --> 00:37:59.360
<v Speaker 5>need to therefore be able to have even stronger protections

675
00:37:59.360 --> 00:38:02.360
<v Speaker 5>for speech that hacks the government. But you know what,

676
00:38:02.440 --> 00:38:04.599
<v Speaker 5>we could actually figure this out because there are lots

677
00:38:04.599 --> 00:38:07.320
<v Speaker 5>of other countries in the world that are Western democracies

678
00:38:07.679 --> 00:38:10.239
<v Speaker 5>that don't have the New York Times versus Sullivan, and

679
00:38:10.320 --> 00:38:12.920
<v Speaker 5>we could say, you, has free speech really been curtailed?

680
00:38:13.119 --> 00:38:16.880
<v Speaker 5>Right England? Famously, you can go to England and sue

681
00:38:16.920 --> 00:38:19.400
<v Speaker 5>people for libel for the very same things you can't

682
00:38:19.440 --> 00:38:22.440
<v Speaker 5>sue here. And that's not uncommon that you see those

683
00:38:22.559 --> 00:38:26.280
<v Speaker 5>kinds of cases. Is free speech in England?

684
00:38:26.280 --> 00:38:26.440
<v Speaker 3>Now?

685
00:38:26.480 --> 00:38:28.880
<v Speaker 5>Free speech in England's under attack for by other reasons,

686
00:38:28.920 --> 00:38:31.639
<v Speaker 5>for different reasons, not because of the libel law. It's

687
00:38:31.719 --> 00:38:32.840
<v Speaker 5>being too strong there.

688
00:38:36.800 --> 00:38:37.199
<v Speaker 3>All right.

689
00:38:37.400 --> 00:38:40.000
<v Speaker 4>That was actually a great discussion, and I do want

690
00:38:40.039 --> 00:38:42.559
<v Speaker 4>to add this and you can respond as you like.

691
00:38:43.760 --> 00:38:45.280
<v Speaker 4>I think one thing, by the way, that should be

692
00:38:45.320 --> 00:38:48.599
<v Speaker 4>said about the Nick Christoph piece is that, remember he's

693
00:38:48.639 --> 00:38:52.039
<v Speaker 4>an opinion journalist and not a news journalist that are

694
00:38:52.079 --> 00:38:54.400
<v Speaker 4>trying to skirt the line there, because they did give

695
00:38:54.440 --> 00:38:57.000
<v Speaker 4>him three thousand words. I think for that piece, is

696
00:38:57.000 --> 00:39:01.480
<v Speaker 4>that right anyway? And he he likes to represent himself

697
00:39:01.559 --> 00:39:04.320
<v Speaker 4>as a reporter, but you know, they don't really edit

698
00:39:04.519 --> 00:39:07.519
<v Speaker 4>opinion pieces. And I think it's significant that the news

699
00:39:07.519 --> 00:39:10.400
<v Speaker 4>pages there have not picked up on the story. They're

700
00:39:10.400 --> 00:39:13.159
<v Speaker 4>not trying to deepen his reporting so called reporting.

701
00:39:16.320 --> 00:39:19.519
<v Speaker 1>Are you making apologies for The New York Times here, Steve.

702
00:39:19.639 --> 00:39:21.440
<v Speaker 4>No I just I want to make this point that

703
00:39:21.679 --> 00:39:24.480
<v Speaker 4>opinion journalists often get away with something that news reporters

704
00:39:24.519 --> 00:39:26.599
<v Speaker 4>would not get away with. I think it's a bad practice.

705
00:39:26.679 --> 00:39:28.039
<v Speaker 4>I think it should not be done.

706
00:39:29.079 --> 00:39:33.840
<v Speaker 1>Especially when it's factual reporting supposedly as opposed to it's

707
00:39:33.920 --> 00:39:37.199
<v Speaker 1>my opinion that the Israelis are just as bad and

708
00:39:37.440 --> 00:39:41.159
<v Speaker 1>less human than even Hamas's. That's something entirely different than

709
00:39:41.199 --> 00:39:42.440
<v Speaker 1>making up facts.

710
00:39:42.840 --> 00:39:45.280
<v Speaker 4>Well, now, here's actually I wanted to bring back something

711
00:39:45.320 --> 00:39:48.440
<v Speaker 4>you and I have called a few times in the

712
00:39:48.519 --> 00:39:51.599
<v Speaker 4>last few years. When I heard that crazy story about

713
00:39:51.679 --> 00:39:57.559
<v Speaker 4>dogs being trained to rape Palestinians, my mind ran back

714
00:39:57.599 --> 00:40:01.360
<v Speaker 4>to the McMartin preschool case and all those related cases

715
00:40:01.360 --> 00:40:05.559
<v Speaker 4>at the Times when the media and law enforcement bought

716
00:40:05.559 --> 00:40:08.159
<v Speaker 4>it hook line and sinker. And you know, there was

717
00:40:08.199 --> 00:40:08.960
<v Speaker 4>a case a couple of.

718
00:40:08.960 --> 00:40:10.360
<v Speaker 3>Years later down in San Diego.

719
00:40:11.079 --> 00:40:13.679
<v Speaker 4>Our friend and contributor Lloyd Billingsley reported on it at

720
00:40:13.679 --> 00:40:14.000
<v Speaker 4>the time.

721
00:40:14.280 --> 00:40:15.599
<v Speaker 3>This is Daniel Lachike guy.

722
00:40:16.000 --> 00:40:18.599
<v Speaker 4>So he was Asian, apparently had some I don't know

723
00:40:18.639 --> 00:40:21.280
<v Speaker 4>if he had some congenital birth defects. He looked kind

724
00:40:21.320 --> 00:40:24.119
<v Speaker 4>of creepy, you might say, in the ordinary sense. And

725
00:40:24.199 --> 00:40:26.440
<v Speaker 4>he got convicted. I think he was convicted. I got

726
00:40:26.440 --> 00:40:28.119
<v Speaker 4>to check the facts on this, but some of the

727
00:40:28.159 --> 00:40:31.840
<v Speaker 4>testimony from the kids working on recovered memories was, Oh,

728
00:40:32.320 --> 00:40:36.000
<v Speaker 4>they slaughtered horses and elephants in our classroom. They borrowed

729
00:40:36.000 --> 00:40:39.239
<v Speaker 4>from the zoo. I mean, absolutely preposterous things that then

730
00:40:39.239 --> 00:40:42.679
<v Speaker 4>the news media would report without any skepticism at all.

731
00:40:43.400 --> 00:40:45.679
<v Speaker 4>When you know, you know, you know I've mentioned this.

732
00:40:45.800 --> 00:40:47.519
<v Speaker 4>You know, Jaffa walked in one day in the middle

733
00:40:47.559 --> 00:40:49.599
<v Speaker 4>of the hysteria front page of the La Times every

734
00:40:49.639 --> 00:40:51.079
<v Speaker 4>day and said, I don't believe a word of this.

735
00:40:51.840 --> 00:40:54.719
<v Speaker 4>I thought, huh, he's a pretty smart guy. Turned out

736
00:40:54.719 --> 00:40:57.880
<v Speaker 4>to be absolutely right, and we saw a bunch of

737
00:40:57.880 --> 00:41:03.280
<v Speaker 4>this hysteria and utter credulity of the media and prosecutors. Right,

738
00:41:03.360 --> 00:41:06.400
<v Speaker 4>Janet Reno did a case in Florida. There's a horrible

739
00:41:06.400 --> 00:41:09.960
<v Speaker 4>case out of Massachusetts. They all got eventually overturned, but

740
00:41:10.119 --> 00:41:13.840
<v Speaker 4>not until many people spent several years in jail. And

741
00:41:13.920 --> 00:41:16.199
<v Speaker 4>so for the media in this case to say, wait

742
00:41:16.280 --> 00:41:19.519
<v Speaker 4>a minute, how does this actually even work anatomically?

743
00:41:19.639 --> 00:41:21.679
<v Speaker 3>Right? I mean, not to be.

744
00:41:21.719 --> 00:41:24.000
<v Speaker 1>Too deep, I guess that's what I would say. The

745
00:41:24.000 --> 00:41:27.079
<v Speaker 1>difference is a little bit, Steve that I read Douglas

746
00:41:27.199 --> 00:41:29.639
<v Speaker 1>Murray's column I think in the New York Coast yesterday,

747
00:41:29.639 --> 00:41:32.639
<v Speaker 1>where you know, he said that there's never ever been

748
00:41:33.119 --> 00:41:38.119
<v Speaker 1>a single recorded incidence of dogs being trained to do

749
00:41:38.199 --> 00:41:42.599
<v Speaker 1>anything like that, ever it ever, you know, And so

750
00:41:43.280 --> 00:41:47.480
<v Speaker 1>I mean, I don't the hysteria that followed McMartin, et cetera,

751
00:41:48.239 --> 00:41:51.360
<v Speaker 1>that there is a little bit of a basis in

752
00:41:51.440 --> 00:41:56.599
<v Speaker 1>fact for you know, child molestation, that sort of thing.

753
00:41:57.760 --> 00:42:00.519
<v Speaker 1>So I do see them as slightly different. You would

754
00:42:00.719 --> 00:42:04.760
<v Speaker 1>you would have to be what I accuse the New

755
00:42:04.840 --> 00:42:09.000
<v Speaker 1>York Times of being to run the story so deluded

756
00:42:09.440 --> 00:42:14.480
<v Speaker 1>and committed to a horrible ideology. Even to allow that

757
00:42:14.519 --> 00:42:17.840
<v Speaker 1>story to run, I can't even imagine that there are

758
00:42:18.000 --> 00:42:21.480
<v Speaker 1>very many New York postscuse me, New York Times news

759
00:42:21.519 --> 00:42:24.480
<v Speaker 1>reporters who would be willing to put their reputation on

760
00:42:24.559 --> 00:42:28.000
<v Speaker 1>the line for something that atrocious. Right, But what the

761
00:42:28.159 --> 00:42:29.199
<v Speaker 1>editorial board was.

762
00:42:29.840 --> 00:42:32.960
<v Speaker 4>Yeah, yeah, And the one of comment I'll offer on

763
00:42:33.039 --> 00:42:35.679
<v Speaker 4>it now that it's gonna want to write an article

764
00:42:35.719 --> 00:42:38.199
<v Speaker 4>for a while on this now is what John was asking.

765
00:42:38.320 --> 00:42:40.800
<v Speaker 4>And I can't, I can't. I don't remember now exactly

766
00:42:40.800 --> 00:42:43.400
<v Speaker 4>how you put it. But where is this surge of

767
00:42:43.440 --> 00:42:47.760
<v Speaker 4>anti Semitism coming from? And I want to suggest it's

768
00:42:47.800 --> 00:42:50.840
<v Speaker 4>coming from, uh, where it came from back in the

769
00:42:51.079 --> 00:42:52.920
<v Speaker 4>Really a lot of what you're hearing now is an

770
00:42:52.920 --> 00:42:56.440
<v Speaker 4>invention of the Soviet Union propaganda arms starting decades ago.

771
00:42:57.440 --> 00:42:57.559
<v Speaker 2>Uh.

772
00:42:57.880 --> 00:43:01.400
<v Speaker 4>And you know, I remember Hal Roud Armont taking us

773
00:43:01.400 --> 00:43:04.599
<v Speaker 4>through tracing out where this was a different subject, but

774
00:43:04.599 --> 00:43:06.719
<v Speaker 4>it would trace out where some of those crazy stories

775
00:43:06.719 --> 00:43:09.320
<v Speaker 4>got into the media, especially like the Black press about

776
00:43:09.320 --> 00:43:13.800
<v Speaker 4>how AIDS was creation and and and crack cocaine and

777
00:43:13.840 --> 00:43:16.920
<v Speaker 4>cocaine was you know, a CIA plot undermine Inner City.

778
00:43:17.599 --> 00:43:20.960
<v Speaker 4>Those stories always showed up first in some Indian newspaper,

779
00:43:21.000 --> 00:43:23.079
<v Speaker 4>I mean, as an India Indian, not you know, the

780
00:43:23.119 --> 00:43:26.199
<v Speaker 4>Maveajo reservation and then would gradually creep their way through

781
00:43:26.199 --> 00:43:28.760
<v Speaker 4>into Western press and break out and you know, whispers

782
00:43:28.800 --> 00:43:31.199
<v Speaker 4>and you know the Chicago defender. Maybe I don't know,

783
00:43:32.360 --> 00:43:35.000
<v Speaker 4>and uh so I'll bet that's happening now on a

784
00:43:35.119 --> 00:43:37.679
<v Speaker 4>very big scale from the same people. Russia. Iran I

785
00:43:37.719 --> 00:43:41.760
<v Speaker 4>think is pretty good at this. Not sure but tar yes, probably,

786
00:43:41.840 --> 00:43:45.480
<v Speaker 4>Katar oh, absolutely, And not sure about China because I

787
00:43:45.480 --> 00:43:47.480
<v Speaker 4>think if they tried it on social media would sound

788
00:43:47.480 --> 00:43:50.519
<v Speaker 4>too much like a Nigerian prints trying to your bank account.

789
00:43:50.559 --> 00:43:53.920
<v Speaker 4>I don't know, am I, but here's a little interesting

790
00:43:54.000 --> 00:43:57.559
<v Speaker 4>tidbit for you. So I'm I don't know how I

791
00:43:57.599 --> 00:44:01.360
<v Speaker 4>stumble across this. But uh you know, ts Eliot had

792
00:44:01.519 --> 00:44:04.400
<v Speaker 4>a mixed reputation, shall we say, when it came to

793
00:44:04.400 --> 00:44:07.639
<v Speaker 4>anti Semitism, right, you know, jaff It was not fond

794
00:44:07.639 --> 00:44:08.159
<v Speaker 4>of him, and.

795
00:44:08.079 --> 00:44:08.719
<v Speaker 3>He deserves it.

796
00:44:08.760 --> 00:44:11.920
<v Speaker 4>I mean, Elliott wrote some really nasty stuff and some

797
00:44:11.960 --> 00:44:14.719
<v Speaker 4>early poems, and there's some lectures he gave in the

798
00:44:14.760 --> 00:44:18.480
<v Speaker 4>forties and fifties that have some typical anti Semitic tropes.

799
00:44:19.199 --> 00:44:23.400
<v Speaker 4>And you know, you might be I don't think you

800
00:44:23.400 --> 00:44:25.639
<v Speaker 4>should be, but you could be suspicious of his idea

801
00:44:25.639 --> 00:44:28.440
<v Speaker 4>of a Christian Society book. I read it recently because

802
00:44:28.440 --> 00:44:30.639
<v Speaker 4>I got curious, and I didn't see a difficulty.

803
00:44:30.679 --> 00:44:31.159
<v Speaker 3>But whatever.

804
00:44:32.760 --> 00:44:37.000
<v Speaker 4>Somebody wrote to Elliott in nineteen fifty three, so you know, Stalin,

805
00:44:37.039 --> 00:44:40.400
<v Speaker 4>I think is still alive in early fifty three, and

806
00:44:40.440 --> 00:44:42.960
<v Speaker 4>I asked him if he would sign a statement deploring

807
00:44:43.159 --> 00:44:46.400
<v Speaker 4>Soviet anti Semitism. And he wrote back a long letter,

808
00:44:46.440 --> 00:44:50.400
<v Speaker 4>and he said, of course I'll sign this. But on

809
00:44:50.400 --> 00:44:52.360
<v Speaker 4>the inter hand, how hard is it to deplore Soviet

810
00:44:52.360 --> 00:44:55.880
<v Speaker 4>anti semitism? You know, I mean, how can someone decline

811
00:44:57.159 --> 00:45:00.840
<v Speaker 4>to an appeal to protest Soviet anti semitism. But then

812
00:45:00.880 --> 00:45:02.320
<v Speaker 4>he went on and I'll just quote a little bit

813
00:45:02.360 --> 00:45:05.000
<v Speaker 4>from this letter that I think is quite interesting, and

814
00:45:05.320 --> 00:45:08.400
<v Speaker 4>what is it? Explain some things going on now? So

815
00:45:08.440 --> 00:45:11.320
<v Speaker 4>here I'll quote him. The only striking difference between the

816
00:45:11.320 --> 00:45:15.280
<v Speaker 4>present anti semitism in Russia and the anti semitism of

817
00:45:15.320 --> 00:45:18.880
<v Speaker 4>Hitler's Germany seems to me this that the Russians have

818
00:45:18.960 --> 00:45:21.920
<v Speaker 4>learned from the mistakes of the Germans and are much

819
00:45:22.039 --> 00:45:26.719
<v Speaker 4>shrewder propagandists. The Nazis persecuted Jews for being Jews, and

820
00:45:26.760 --> 00:45:30.079
<v Speaker 4>thereby incurred at once the antipathy of all civilized people.

821
00:45:30.800 --> 00:45:34.280
<v Speaker 4>The Russians refrained from any overt doctrine of racial superiority,

822
00:45:34.360 --> 00:45:38.360
<v Speaker 4>which would too flatly contradict their supposed principles and interfere

823
00:45:38.400 --> 00:45:43.280
<v Speaker 4>with their foreign policy. And he goes on their say

824
00:45:43.280 --> 00:45:45.719
<v Speaker 4>more about it, but he says this is a matter

825
00:45:45.760 --> 00:45:50.320
<v Speaker 4>of policy to stoke hysteria. Well, that's curious about Elliott.

826
00:45:50.360 --> 00:45:51.679
<v Speaker 4>I don't know if he had a big change of

827
00:45:51.719 --> 00:45:53.519
<v Speaker 4>mind or if he was just thoughtless in some of

828
00:45:53.519 --> 00:45:57.840
<v Speaker 4>his earlier expressions. But that description of what's going on again,

829
00:45:57.880 --> 00:46:02.840
<v Speaker 4>that's seventy years ago now, I think is really quite extraordinary.

830
00:46:02.920 --> 00:46:05.480
<v Speaker 1>And I hate to tell you, Steve, but anti Semitism

831
00:46:06.280 --> 00:46:11.880
<v Speaker 1>long precedes the Union, I know. But yeah, and I

832
00:46:11.880 --> 00:46:15.480
<v Speaker 1>don't understand it. I really don't understand it. But I

833
00:46:15.559 --> 00:46:18.960
<v Speaker 1>meet people who are, Oh, I'm not anti Semitic, I'm

834
00:46:19.000 --> 00:46:20.960
<v Speaker 1>anti Zionist all the time.

835
00:46:21.880 --> 00:46:22.000
<v Speaker 4>Uh.

836
00:46:22.599 --> 00:46:25.079
<v Speaker 1>And it's but you talk to them for very long

837
00:46:25.119 --> 00:46:29.320
<v Speaker 1>and it's you know, who made that movie Jews kind

838
00:46:29.360 --> 00:46:29.719
<v Speaker 1>of thing?

839
00:46:29.920 --> 00:46:30.079
<v Speaker 5>Right?

840
00:46:30.159 --> 00:46:34.159
<v Speaker 1>You know? I find it despicable, I really do. But

841
00:46:34.360 --> 00:46:36.480
<v Speaker 1>you know, and it's not just because some of my

842
00:46:36.559 --> 00:46:39.079
<v Speaker 1>best friends are Jews, but they do happen to be so.

843
00:46:40.000 --> 00:46:42.039
<v Speaker 3>And many of our favorite.

844
00:46:41.679 --> 00:46:45.920
<v Speaker 1>Teachers, right, yep, absolutely almost all of them. It was

845
00:46:45.960 --> 00:46:49.000
<v Speaker 1>a funny thing that, you know, all of those good

846
00:46:49.119 --> 00:46:53.599
<v Speaker 1>Midwestern Protestant Catholic boys came back to California to study

847
00:46:54.039 --> 00:46:57.239
<v Speaker 1>with that nice old Jewish guy. But I always thought

848
00:46:57.239 --> 00:46:59.119
<v Speaker 1>that was strange.

849
00:47:00.000 --> 00:47:02.360
<v Speaker 4>While we're on, it's not directly related, but I just

850
00:47:02.400 --> 00:47:05.800
<v Speaker 4>got my latest copy of First Things magazine in the mail,

851
00:47:05.840 --> 00:47:07.960
<v Speaker 4>and I can't believe I'm this many years old before

852
00:47:07.960 --> 00:47:13.119
<v Speaker 4>I've heard this phrase. The lead story is called tomophobia. Tomophobia.

853
00:47:13.239 --> 00:47:16.079
<v Speaker 4>In other words, it's it's a tomistic. It's again, it's

854
00:47:16.079 --> 00:47:20.000
<v Speaker 4>about a quiles see if you if you're if it's uh,

855
00:47:20.320 --> 00:47:22.960
<v Speaker 4>it's Mary Harrington, who I don't I'm not that familiar with.

856
00:47:23.000 --> 00:47:25.480
<v Speaker 4>But what a great phrase. I Am going to keep

857
00:47:25.519 --> 00:47:27.079
<v Speaker 4>that and use it and throw them back in the

858
00:47:27.079 --> 00:47:29.119
<v Speaker 4>face of all the people who say homophobia.

859
00:47:29.559 --> 00:47:35.320
<v Speaker 1>Okay, okay, all right, it's a little obscure, Steve, but okay, yeah,

860
00:47:35.360 --> 00:47:38.079
<v Speaker 1>I know, good question for you, and I'm sorry to

861
00:47:38.079 --> 00:47:39.760
<v Speaker 1>spring this on you. I would probably ask you this

862
00:47:39.840 --> 00:47:42.800
<v Speaker 1>offline if we were offline, but we're not, so I

863
00:47:42.840 --> 00:47:47.199
<v Speaker 1>have seen three or four articles in the last couple

864
00:47:47.199 --> 00:47:50.000
<v Speaker 1>of weeks about Harvey Mansfield, two of them, two of

865
00:47:50.039 --> 00:47:54.159
<v Speaker 1>them in the Chronicle of Higher Education. What's going on there?

866
00:47:55.000 --> 00:47:58.760
<v Speaker 4>Uh well, I think it's newsworthy that a person who's

867
00:47:58.800 --> 00:48:01.920
<v Speaker 4>taught at Harvard since at nineteen sixty four, what is that?

868
00:48:02.400 --> 00:48:07.400
<v Speaker 3>Sixty years almost? It's amazing long time. But it does

869
00:48:07.480 --> 00:48:08.239
<v Speaker 3>have this book out.

870
00:48:08.280 --> 00:48:10.440
<v Speaker 4>I've got the galleys and so it's coming out on

871
00:48:10.519 --> 00:48:12.559
<v Speaker 4>where Harvard went wrong, and it's a collection of a

872
00:48:12.559 --> 00:48:16.480
<v Speaker 4>lot of his articles over the years, some resolutions he

873
00:48:16.559 --> 00:48:19.480
<v Speaker 4>wrote the Harvard faculty meetings that did no good, of course,

874
00:48:20.960 --> 00:48:24.840
<v Speaker 4>so there's a certain valedictory nature to it. I think

875
00:48:24.920 --> 00:48:29.519
<v Speaker 4>I mentioned once being on some zoom meeting. I'm vague

876
00:48:29.519 --> 00:48:32.800
<v Speaker 4>about what exactly the providence of it, but one of

877
00:48:32.840 --> 00:48:35.519
<v Speaker 4>the participant was Pippin Norris, who's very prominent in the

878
00:48:35.519 --> 00:48:39.920
<v Speaker 4>Harvard Government faculty, and she was arguing against trying to diversify,

879
00:48:40.519 --> 00:48:43.159
<v Speaker 4>arguing against the viewpoint diversity and now though it was

880
00:48:43.199 --> 00:48:46.480
<v Speaker 4>pretty weak, so I finally interjected and said, so, you know,

881
00:48:46.519 --> 00:48:50.480
<v Speaker 4>Harvey Mansfield's going to retire soon, will the government department

882
00:48:50.519 --> 00:48:53.320
<v Speaker 4>at Harvard try and replace him with somebody like him?

883
00:48:53.679 --> 00:48:57.280
<v Speaker 4>And there's a long pause, and she said, maybe I said,

884
00:48:57.320 --> 00:48:59.800
<v Speaker 4>I'll take that as a no until I see different, right,

885
00:49:00.280 --> 00:49:03.400
<v Speaker 4>and you know, so we'll see about that. But the

886
00:49:03.480 --> 00:49:05.719
<v Speaker 4>point is is that what's the old saying the only

887
00:49:05.719 --> 00:49:07.480
<v Speaker 4>good conservative is a dead conservative.

888
00:49:07.519 --> 00:49:07.960
<v Speaker 3>Well he's not.

889
00:49:08.079 --> 00:49:10.079
<v Speaker 4>He's still with us, but he's now retired, and so

890
00:49:10.239 --> 00:49:13.159
<v Speaker 4>you can say, ah, he's a national treasure, whereas a

891
00:49:13.239 --> 00:49:15.079
<v Speaker 4>year ago he was still a fascist.

892
00:49:15.320 --> 00:49:18.639
<v Speaker 1>Okay, well they're saying retired but still roaring was the

893
00:49:18.719 --> 00:49:23.639
<v Speaker 1>latest title that I saw of the article. So anyway, anyway,

894
00:49:23.639 --> 00:49:25.719
<v Speaker 1>I had to ask I just I thought it was strange.

895
00:49:26.320 --> 00:49:29.199
<v Speaker 4>Yeah, he's getting his due and you know, he's getting

896
00:49:29.199 --> 00:49:30.199
<v Speaker 4>his due and he deserves it.

897
00:49:30.320 --> 00:49:33.000
<v Speaker 1>And by the way, Steve, I wanted to tell you also,

898
00:49:33.119 --> 00:49:37.880
<v Speaker 1>since the AP has determined that musket that what are

899
00:49:37.880 --> 00:49:42.960
<v Speaker 1>they called loaders the seventeen seventy six? Why can't I

900
00:49:43.000 --> 00:49:50.840
<v Speaker 1>never remember? Not muskets, muscleloaders. Muscleloaders are are? They're not regulated?

901
00:49:52.880 --> 00:49:57.960
<v Speaker 1>Did you know that? Did you know that, Steve? And

902
00:49:58.119 --> 00:50:00.480
<v Speaker 1>he's passed and I wanted to have a chance to

903
00:50:00.519 --> 00:50:02.559
<v Speaker 1>get it out and I didn't. I didn't, So I

904
00:50:02.679 --> 00:50:04.840
<v Speaker 1>was going to come on the three Sky Happy Hour

905
00:50:04.880 --> 00:50:07.840
<v Speaker 1>with my muzzle loader just to see if somebody from

906
00:50:07.880 --> 00:50:10.960
<v Speaker 1>the AP would turn me into the The ATF is

907
00:50:11.079 --> 00:50:14.840
<v Speaker 1>the perfect example of why muzzleloaders should in fact be regulated.

908
00:50:15.639 --> 00:50:18.559
<v Speaker 4>Yeah, so, I'm if Richard Samuelson were with us, he

909
00:50:18.599 --> 00:50:21.000
<v Speaker 4>would have a quick punt about you know, if you

910
00:50:21.119 --> 00:50:23.960
<v Speaker 4>ban muzzleloaders, then you'll ban muzzles or something like that,

911
00:50:24.079 --> 00:50:26.000
<v Speaker 4>which we really need for Okay.

912
00:50:26.000 --> 00:50:29.760
<v Speaker 1>Yeah, okay, all, sorry, that was my fault. I deserved.

913
00:50:29.840 --> 00:50:30.960
<v Speaker 1>I deserved the bad pun.

914
00:50:31.360 --> 00:50:33.599
<v Speaker 3>Okay. So, okay.

915
00:50:34.159 --> 00:50:37.239
<v Speaker 4>The last segment from you guys that I'm keeping in

916
00:50:37.360 --> 00:50:42.559
<v Speaker 4>our reformulated episode is John surprising me and maybe you

917
00:50:42.760 --> 00:50:45.320
<v Speaker 4>with how presidential Trump is being. So let's roll that

918
00:50:45.480 --> 00:50:47.960
<v Speaker 4>now and then we will multi a conclusion.

919
00:50:54.519 --> 00:50:55.800
<v Speaker 5>So can I ask you, but what do you think

920
00:50:55.840 --> 00:51:00.440
<v Speaker 5>about Christia? I actually think that Trump is really acting

921
00:51:01.280 --> 00:51:06.840
<v Speaker 5>most presidential now for this reason. He's doing something which

922
00:51:06.880 --> 00:51:09.440
<v Speaker 5>she really thinks is in the national interests, even at

923
00:51:09.480 --> 00:51:12.719
<v Speaker 5>the cost of his short term political standing. Right, So

924
00:51:12.840 --> 00:51:16.119
<v Speaker 5>everyone thinks, oh Trump is so craven, he's a populist

925
00:51:16.159 --> 00:51:21.639
<v Speaker 5>who's appealing to write this megabase. But isn't he actually

926
00:51:21.960 --> 00:51:23.880
<v Speaker 5>saying I agree with them? I think the idea of

927
00:51:24.000 --> 00:51:27.719
<v Speaker 5>Iran having ballistic missiles and nuclear weapons would be very,

928
00:51:27.880 --> 00:51:30.760
<v Speaker 5>very bad for our country and our allies, and he's

929
00:51:30.840 --> 00:51:35.239
<v Speaker 5>incurring large short term hits to his political standing in

930
00:51:35.440 --> 00:51:38.880
<v Speaker 5>order to pursue I think something that most rational people

931
00:51:38.920 --> 00:51:41.800
<v Speaker 5>should think is in our national interests, and that to

932
00:51:41.880 --> 00:51:44.719
<v Speaker 5>me is the leader. That's like the definition of leadership.

933
00:51:45.039 --> 00:51:47.400
<v Speaker 5>I mean, so I said, as a friend of Neil Trump,

934
00:51:47.800 --> 00:51:50.800
<v Speaker 5>you know, I think in contrast to these quick strikes

935
00:51:50.840 --> 00:51:55.920
<v Speaker 5>like Venezuela or in his first term killing SOLMANI you know,

936
00:51:56.000 --> 00:51:58.679
<v Speaker 5>those were things that were calibrated to not hurt his

937
00:51:58.760 --> 00:52:01.559
<v Speaker 5>short term political est. But now I think he really

938
00:52:01.719 --> 00:52:04.960
<v Speaker 5>is sort of acting like a war president, where you

939
00:52:05.079 --> 00:52:07.679
<v Speaker 5>have to do some things that are going to be

940
00:52:07.760 --> 00:52:10.480
<v Speaker 5>politically unpopular because you think it's in the best long

941
00:52:10.599 --> 00:52:15.440
<v Speaker 5>term interests of the country. So I actually I admire

942
00:52:15.559 --> 00:52:18.920
<v Speaker 5>him for this. And even though he's getting enormous, right,

943
00:52:19.599 --> 00:52:24.360
<v Speaker 5>enormous criticism from his own side, the Democrats criticism criticizing

944
00:52:24.400 --> 00:52:28.599
<v Speaker 5>him is just predictable. And you know, if he if

945
00:52:28.639 --> 00:52:30.960
<v Speaker 5>you figure out a way to remove China as a threat,

946
00:52:30.960 --> 00:52:33.280
<v Speaker 5>they would still the Democrats would still criticize them.

947
00:52:34.400 --> 00:52:40.440
<v Speaker 1>Or as people say, if he found a cure for cancer. Yeah,

948
00:52:40.519 --> 00:52:44.159
<v Speaker 1>the Democrats are still criticizing for you, although you know,

949
00:52:44.440 --> 00:52:48.119
<v Speaker 1>I agree with everything you just said, but sometimes I

950
00:52:48.280 --> 00:52:51.559
<v Speaker 1>sort of have to shut him off because the fifty

951
00:52:51.679 --> 00:52:54.360
<v Speaker 1>first Venezuela being the fifty first state.

952
00:52:54.480 --> 00:52:54.719
<v Speaker 5>Wie.

953
00:52:56.000 --> 00:52:58.639
<v Speaker 1>Sometimes I just don't even get why he does this

954
00:52:58.760 --> 00:52:59.320
<v Speaker 1>sort of thing.

955
00:52:59.440 --> 00:53:03.239
<v Speaker 5>You know, he's just like taunting the media, right, do

956
00:53:03.320 --> 00:53:07.320
<v Speaker 5>you think that's it's just the the cats. I think yeah,

957
00:53:07.360 --> 00:53:11.039
<v Speaker 5>I think he's just taunting people, taunting the taunting the media,

958
00:53:11.119 --> 00:53:13.480
<v Speaker 5>saying crazy things that drive him us. He can't be

959
00:53:13.719 --> 00:53:16.800
<v Speaker 5>but at least we should make Venezuela territory first before

960
00:53:16.800 --> 00:53:17.679
<v Speaker 5>he made it a state.

961
00:53:21.360 --> 00:53:27.480
<v Speaker 1>No, it just anyway, So, uh, we actually are almost

962
00:53:27.519 --> 00:53:29.000
<v Speaker 1>at the end of the hour, believe.

963
00:53:28.800 --> 00:53:29.079
<v Speaker 5>It or not.

964
00:53:32.159 --> 00:53:36.559
<v Speaker 4>All right, Lucretia, it's time for our help the Babylon b.

965
00:53:39.480 --> 00:53:41.599
<v Speaker 1>I have to say that this has not been This

966
00:53:41.679 --> 00:53:43.719
<v Speaker 1>has been a week that I think the Babylon b

967
00:53:43.800 --> 00:53:46.519
<v Speaker 1>agrees with me that there's not a lot of news.

968
00:53:47.199 --> 00:53:50.480
<v Speaker 1>So there some of them are a little fun like that.

969
00:53:51.320 --> 00:53:57.559
<v Speaker 1>The whole thing with Christopher Nolan and so the thing is,

970
00:53:57.639 --> 00:54:00.239
<v Speaker 1>it's a picture of Steve BISCHEMI and it says too

971
00:54:00.320 --> 00:54:04.760
<v Speaker 1>far Christopher Nolan casts Steve Muskimi as Helen of Troy.

972
00:54:06.119 --> 00:54:09.599
<v Speaker 4>Well he cast Ellen Page is what somebody hector or something.

973
00:54:09.800 --> 00:54:10.599
<v Speaker 3>I don't know, it's crazy.

974
00:54:11.440 --> 00:54:12.920
<v Speaker 1>Elliott Page, Elliott Page.

975
00:54:13.000 --> 00:54:15.480
<v Speaker 4>Sorry, I just yes, yeah, I know, I know who

976
00:54:15.599 --> 00:54:18.480
<v Speaker 4>I believe will end up being the next James James bond.

977
00:54:18.280 --> 00:54:21.039
<v Speaker 1>If oh god it yeah, and nobody will go see it.

978
00:54:21.440 --> 00:54:26.960
<v Speaker 1>Faux pas. Trump gives President g with pot of honey

979
00:54:27.280 --> 00:54:34.119
<v Speaker 1>from White House beehive and the picture. The picture he really,

980
00:54:34.480 --> 00:54:37.199
<v Speaker 1>I mean he looks like Winnie the Pooh in the picture. Right,

981
00:54:37.519 --> 00:54:38.599
<v Speaker 1>go ahead, I'll.

982
00:54:38.440 --> 00:54:41.159
<v Speaker 4>Bet the Babylon beet is censored in China. Just a hunch,

983
00:54:42.000 --> 00:54:42.519
<v Speaker 4>just a hunch.

984
00:54:42.639 --> 00:54:49.920
<v Speaker 1>Conservative too exhausted to form opinion on Thomas Massey. You

985
00:54:50.039 --> 00:54:52.960
<v Speaker 1>know that feeling, man oh man? Okay, The New York

986
00:54:53.039 --> 00:54:57.519
<v Speaker 1>Times updates slogan to all the news that's fit to print,

987
00:54:57.920 --> 00:55:01.280
<v Speaker 1>plus any rumor, no matter or how implausible.

988
00:55:02.559 --> 00:55:03.920
<v Speaker 3>Yeah, that's too true.

989
00:55:04.039 --> 00:55:06.039
<v Speaker 1>I know it's not funny. Some of these things are

990
00:55:06.119 --> 00:55:08.039
<v Speaker 1>enough and you won't get this, Steve, but I'm gonna

991
00:55:08.039 --> 00:55:11.480
<v Speaker 1>say it anyway for our younger listeners. Millennial figures out

992
00:55:11.519 --> 00:55:15.159
<v Speaker 1>how to use six seven signaling the end of the fad.

993
00:55:15.840 --> 00:55:18.639
<v Speaker 3>I know what that's about I've got him, you know,

994
00:55:18.960 --> 00:55:20.320
<v Speaker 3>I mean, I'm going to kid who was you know?

995
00:55:20.679 --> 00:55:24.400
<v Speaker 1>Yeah, I know I forgot, You're right, And then along

996
00:55:24.519 --> 00:55:30.119
<v Speaker 1>with my muzzle loaders about that, I'm sorry. Sorry, Along

997
00:55:30.159 --> 00:55:37.199
<v Speaker 1>with my muzzleloaders. Associate Press warns that trey bouchets are

998
00:55:37.320 --> 00:55:40.480
<v Speaker 1>exempt from US gun laws. So how you say it?

999
00:55:40.960 --> 00:55:42.199
<v Speaker 3>Yeah it is, yep, you got it.

1000
00:55:42.280 --> 00:55:44.599
<v Speaker 1>Okay, Okay, I want one of those two. Actually, I

1001
00:55:44.599 --> 00:55:48.079
<v Speaker 1>want a can into my front yard. Right, one of

1002
00:55:48.119 --> 00:55:50.920
<v Speaker 1>these days we'll get one. But next time I'll bring

1003
00:55:51.000 --> 00:55:55.880
<v Speaker 1>my muzzle loader, I promise, Quinn, Quinn, Right, That's all

1004
00:55:55.920 --> 00:55:57.039
<v Speaker 1>I have for today, Steve.

1005
00:55:57.400 --> 00:56:02.119
<v Speaker 4>Okay, Well, John Point always says, always drink your whiskey

1006
00:56:02.119 --> 00:56:04.679
<v Speaker 4>and eat, buy more books. And you have been listening

1007
00:56:04.719 --> 00:56:08.239
<v Speaker 4>to the three Whiskey Happy Hour, sponsored by the Civitas Institute,

1008
00:56:08.480 --> 00:56:12.719
<v Speaker 4>produced and hosted by ricochet dot com. The podcast dedicated

1009
00:56:12.800 --> 00:56:17.079
<v Speaker 4>to what single malt singular metaphysics advanced Sidney Sweeney studies,

1010
00:56:17.280 --> 00:56:20.360
<v Speaker 4>which we've proved this week. Uh and we'll be back

1011
00:56:20.400 --> 00:56:23.519
<v Speaker 4>again next week, hopefully with a more ordinary and normal

1012
00:56:23.719 --> 00:56:26.440
<v Speaker 4>edition of a whisky Happy Hour, we hope.

1013
00:56:26.960 --> 00:56:27.599
<v Speaker 3>Are you kidding?

1014
00:56:27.880 --> 00:56:28.159
<v Speaker 1>Christian?

1015
00:56:28.239 --> 00:56:31.960
<v Speaker 5>This has been the best podcast since sement on Vacation Gone.

1016
00:56:32.199 --> 00:56:33.719
<v Speaker 1>What are you talking about.

1017
00:56:51.159 --> 00:56:54.360
<v Speaker 3>Ricochet? Yes, Join the conversation.
