WEBVTT 1 00:00:01.800 --> 00:00:08.720 Well, whiskey coming game, my pain, Honey don't. 2 00:00:11.480 --> 00:00:16.120 From Powerline blog dot com and produced by Ricochet dot Com. 3 00:00:16.800 --> 00:00:21.559 This is the three Whiskey Happy Hour with your bartenders 4 00:00:21.920 --> 00:00:26.519 Steve Hayward, John You and power Lines International Woman of 5 00:00:26.600 --> 00:00:28.280 Mystery Lucretia. 6 00:00:28.839 --> 00:00:33.439 Have you gotta giving? Let that whiskey bloon when you're 7 00:00:33.520 --> 00:00:35.399 been in loud, down and load. 8 00:00:38.600 --> 00:00:41.600 Welcome everybody to this very special edition of the Three 9 00:00:41.600 --> 00:00:45.240 Whiskey Happy Hour because we had to drag Steve in 10 00:00:45.439 --> 00:00:48.119 from his balcony on the first sunny day that he's 11 00:00:48.159 --> 00:00:50.640 seen at his lovely beach home in the last twelve 12 00:00:50.719 --> 00:00:53.799 years or something like that. How long has it been, Steve? 13 00:00:53.840 --> 00:00:54.159 A week? 14 00:00:54.280 --> 00:00:56.280 No, No, it's been like six or eight weeks. It's 15 00:00:56.280 --> 00:00:59.119 been foggy. Is the foggiest summer I can remember. And 16 00:00:59.119 --> 00:01:01.799 of course it's all because of either climate change or 17 00:01:01.799 --> 00:01:04.040 George W. Bush. I can't decide one of these. 18 00:01:04.040 --> 00:01:06.120 Ge W. Bush, I thought everything was Trump's fault. 19 00:01:07.319 --> 00:01:10.000 Well, you know, we're saying you just dated yourself. 20 00:01:13.120 --> 00:01:15.480 And then of course we have with us also John You, 21 00:01:15.680 --> 00:01:21.799 who is similarly lounging near the beach getting ready to 22 00:01:22.359 --> 00:01:29.680 instruct another another cohort of young people into his pragmatism ways? 23 00:01:29.840 --> 00:01:33.799 Is that correct, John, positivist ways? I think you mean, 24 00:01:33.879 --> 00:01:35.319 but yes, I am. 25 00:01:35.480 --> 00:01:39.040 Yeah, because right, I forget pragmatism is great, except it 26 00:01:39.040 --> 00:01:39.760 just doesn't work. 27 00:01:43.079 --> 00:01:46.319 Pragmatism is I'm not sure what pragmatism is. But I'm 28 00:01:46.359 --> 00:01:51.200 here at the Claremont Institute's program for law school graduates 29 00:01:51.200 --> 00:01:53.400 called the Marshall Program where I play the role of 30 00:01:53.439 --> 00:01:58.120 the loyal opposition, questioning how and I ask you guys 31 00:01:58.159 --> 00:02:01.159 to explain this today later in the podcas cast. How 32 00:02:01.400 --> 00:02:04.480 do judges and courts how are they supposed to use 33 00:02:04.560 --> 00:02:09.000 unwritten natural law when they make decisions? Explicate for me 34 00:02:09.039 --> 00:02:14.120 the differences between JAFFA and work scolia and. 35 00:02:14.120 --> 00:02:16.240 We all do that later. I will come back to that. 36 00:02:16.240 --> 00:02:19.639 That's a promise, John. In the meantime, can I just 37 00:02:19.719 --> 00:02:23.400 say that I'm rooting for terrorists these days? As Taylor 38 00:02:23.479 --> 00:02:27.319 Swift opens her five day thing in London, and I'm 39 00:02:27.360 --> 00:02:30.719 hoping that what happened in Vienna will happen in London 40 00:02:30.759 --> 00:02:34.039 and all of those pathetic Swifties who have absolutely no 41 00:02:34.120 --> 00:02:36.639 taste in music will be disappointed once again. 42 00:02:37.599 --> 00:02:40.719 Oh really, oh man, are you trying to get us 43 00:02:40.759 --> 00:02:44.240 boycotted by every like sixteen year old girl. I mean, 44 00:02:44.280 --> 00:02:47.319 that's our that's our that is our main demographic for 45 00:02:47.360 --> 00:02:48.159 this podcast. 46 00:02:48.439 --> 00:02:52.319 We have sixteen year old girls that we've may very 47 00:02:52.319 --> 00:02:54.479 well might have sixteen year old girls that listen to 48 00:02:54.479 --> 00:02:57.360 this podcast, but I promise you they are not swifties. 49 00:02:58.280 --> 00:03:01.400 I have never met a swiftie with two brains in 50 00:03:01.439 --> 00:03:02.960 their head. I'm just going to leave it at that. 51 00:03:03.599 --> 00:03:09.000 Meins, Can I say that I was actually curious about 52 00:03:09.039 --> 00:03:13.039 this swift y thing, and so a few months ago, 53 00:03:13.479 --> 00:03:16.400 while I was working, I turned my Apple music thing 54 00:03:16.439 --> 00:03:20.840 to play all the Taylor Swift songs in order of popularity, 55 00:03:21.479 --> 00:03:23.520 and I had a hard time telling where like one 56 00:03:23.680 --> 00:03:26.120 ended and a new one started. It seemed like a 57 00:03:26.439 --> 00:03:28.879 whole thing was like a music soundtrack. 58 00:03:30.240 --> 00:03:33.520 Yeah, and her voice is screech. Oh, well, we've probably 59 00:03:33.560 --> 00:03:36.039 offended enough people. I actually know old people who like 60 00:03:36.080 --> 00:03:37.879 her too, but I think it's just because they're trying 61 00:03:37.919 --> 00:03:40.919 to be, you know, friends with their kids or something 62 00:03:41.000 --> 00:03:41.520 dumb like that. 63 00:03:41.639 --> 00:03:47.199 But anyway, I can't decide if the old term swift 64 00:03:47.240 --> 00:03:50.080 boating can be used for this problem or not without 65 00:03:50.080 --> 00:03:50.800 getting in trouble. 66 00:03:52.039 --> 00:03:54.319 But I think my favorite meme of all time is 67 00:03:54.479 --> 00:03:56.680 when the girl looks at the auto mechanic and says, 68 00:03:56.719 --> 00:03:59.800 how did you fix that awful screeching noise? I replaced 69 00:03:59.800 --> 00:04:02.719 your CD of Taylor Swift with Genesis. 70 00:04:03.639 --> 00:04:05.439 I've never heard that. That's great. 71 00:04:06.199 --> 00:04:09.400 Now when I when Macretia, I actually do like, I 72 00:04:09.439 --> 00:04:13.000 actually want Taylor Swift to succeed abroad because I love 73 00:04:13.039 --> 00:04:17.920 the idea of Europeans spending their hard earned socialist money 74 00:04:18.000 --> 00:04:20.959 given to them by the government to subsidize an American 75 00:04:21.000 --> 00:04:21.959 export product. 76 00:04:22.199 --> 00:04:25.600 Yeah, yeah, I'm okay with that too. You know. The 77 00:04:25.720 --> 00:04:29.439 problem really is is that there's something about the whole 78 00:04:29.439 --> 00:04:32.120 Taylor Swift phenomenon that reminds me a little bit of 79 00:04:32.120 --> 00:04:36.879 the Kamala Harris phenomenon. Excuse me, the Kamalamaedingdong phenomenon. Yeah. 80 00:04:36.920 --> 00:04:45.079 Absolutely that in this age of constant communication, electronic communication, 81 00:04:45.240 --> 00:04:48.439 That's the way I'll put it with you know, social media, 82 00:04:49.240 --> 00:04:53.600 everybody on their phones, everything happening moment by moment. You know, 83 00:04:54.000 --> 00:04:58.000 remember the days that when the Jay Treaty was being 84 00:04:58.480 --> 00:05:01.959 negotiated and it took how many months for news of 85 00:05:02.000 --> 00:05:04.360 that to get back to the United States. Oh do 86 00:05:04.439 --> 00:05:07.560 I wish for those days again, but anyway, or even 87 00:05:07.639 --> 00:05:10.279 June teenth. You know, the reason that they celebrate that 88 00:05:10.439 --> 00:05:16.879 dumb holiday is because communications were so poor they even 89 00:05:16.920 --> 00:05:21.279 though the Emancipation Proclamation had been passed in January first, 90 00:05:21.560 --> 00:05:25.560 they didn't hear about it until June nineteenth. So anyway, 91 00:05:26.120 --> 00:05:30.560 But that being said, Taylor Swift is a phenomenon because 92 00:05:30.600 --> 00:05:35.439 she's a phenomenon, not because she's so incredibly talented at 93 00:05:35.600 --> 00:05:38.720 singing or dancing. They have a showman, I'll give you that, 94 00:05:38.839 --> 00:05:41.079 but no better than a whole lot of people out there. 95 00:05:42.360 --> 00:05:45.800 She's a phenomenon because she's a phenomenon. I actually get 96 00:05:45.920 --> 00:05:49.720 from my hotel memberships, you know, Hilton, this and that. 97 00:05:50.079 --> 00:05:53.079 I got one from the Marriott saying I should enter 98 00:05:53.120 --> 00:05:55.720 this contest by getting their credit card and I might 99 00:05:55.800 --> 00:05:59.720 get a free hotel to stay at the next Taylor 100 00:05:59.720 --> 00:06:02.560 Swift of contest in somewhere. I didn't pay attention. I 101 00:06:02.720 --> 00:06:05.680 deleted it and discuss But I mean, come on, I 102 00:06:06.040 --> 00:06:07.639 know your audience. 103 00:06:09.600 --> 00:06:12.319 But you're an audience of one. Is the problem, Lucasia, 104 00:06:12.399 --> 00:06:12.639 So you. 105 00:06:12.680 --> 00:06:14.879 Really think that's true? Do you think there are people 106 00:06:14.920 --> 00:06:18.399 out there who would get a credit card to justin 107 00:06:18.560 --> 00:06:21.160 for a chance to stay at a hotel and get 108 00:06:21.199 --> 00:06:21.959 Taylor Swift. 109 00:06:22.480 --> 00:06:25.639 Well you're missing oh yeah, a lot of them. Yeah. 110 00:06:25.839 --> 00:06:28.759 Well also you're missing a huge arbitrage opportunity. I mean, 111 00:06:28.759 --> 00:06:30.399 if you want a credit card, fine, if you got 112 00:06:30.399 --> 00:06:33.319 the room, you then sell to somebody for four times 113 00:06:33.360 --> 00:06:34.040 the value of it. 114 00:06:34.120 --> 00:06:37.399 Yeah, So anyway it would make me, it would make 115 00:06:37.439 --> 00:06:40.800 me complicit in the whole root in business. I couldn't. 116 00:06:40.959 --> 00:06:43.600 But my point, my point was a serious one, and 117 00:06:43.639 --> 00:06:46.399 that is that I do think because I know John 118 00:06:46.439 --> 00:06:50.279 wants John wants me to convince him. John still wants 119 00:06:50.279 --> 00:06:52.600 me to convince him that everything you're hearing about the 120 00:06:52.639 --> 00:06:56.639 polls in Kamala's favor and her popularity rising what six points? 121 00:06:57.279 --> 00:07:01.639 She used to be the most disfavor politician practically in 122 00:07:01.639 --> 00:07:04.319 the history of the universe, and she's gone up six 123 00:07:04.360 --> 00:07:08.279 points and now she's only at forty five or she's 124 00:07:09.319 --> 00:07:12.000 what did I see? She's at forty five percent approval rating, 125 00:07:12.040 --> 00:07:15.240 which is more than she has ever been and there's 126 00:07:15.279 --> 00:07:20.040 no explanation for it. She's still the same dom cackling 127 00:07:21.199 --> 00:07:25.879 word salad piece of you know what, progressive liberal moron 128 00:07:26.120 --> 00:07:31.079 that she always was. Although did you guys see today. 129 00:07:31.480 --> 00:07:33.600 I don't know. Steve's got to figure out when he's 130 00:07:33.600 --> 00:07:36.240 actually gonna pose this. But sorry, folks, this is Thursday 131 00:07:36.240 --> 00:07:40.839 because of schedules. Again, today she had a rally with 132 00:07:41.360 --> 00:07:45.560 hundreds of people. Hundreds of people showed up, stood in 133 00:07:45.600 --> 00:07:49.800 line in hot, hot weather to get in, hundreds of people, 134 00:07:50.240 --> 00:07:54.120 and then she introduced Joe Biden and lots of people 135 00:07:54.160 --> 00:07:55.560 walked out while he was talking. 136 00:07:56.360 --> 00:07:57.920 I heard a little bit of his talk and he 137 00:07:58.040 --> 00:08:00.879 was slurring, and you could bear the understanding he was 138 00:08:00.920 --> 00:08:01.279 so bad. 139 00:08:01.600 --> 00:08:05.519 But okay, he looked terrible too. He really looked and actually, 140 00:08:05.519 --> 00:08:07.519 I don't know if you watch, oh, if you watched it, 141 00:08:07.600 --> 00:08:10.399 when they both came out onto the stage, it was 142 00:08:10.399 --> 00:08:15.199 almost like Kamala ding Dong was holding him, like she 143 00:08:15.399 --> 00:08:17.639 was right next to him the whole time, like they 144 00:08:17.639 --> 00:08:19.920 were going as a unit. I think, so he you know, 145 00:08:19.920 --> 00:08:22.480 what would happen if he fell down? Whereas usually the candidates, 146 00:08:22.519 --> 00:08:25.439 you know, they come and they're kind of spaced out 147 00:08:25.480 --> 00:08:27.680 like runway models. I would think, so you can look 148 00:08:27.680 --> 00:08:28.959 at each one individually. 149 00:08:29.519 --> 00:08:31.680 Well, I think he go ahead. 150 00:08:32.159 --> 00:08:34.320 Well, I've thought for a while now that the biggest 151 00:08:34.399 --> 00:08:37.000 question looming out there is whether Biden is going to 152 00:08:37.039 --> 00:08:39.559 make it all the way to January twenty or even 153 00:08:39.600 --> 00:08:42.240 to election day as president. And one of the reasons 154 00:08:42.240 --> 00:08:44.240 for him not to resign, aside from his pride in 155 00:08:44.320 --> 00:08:47.279 narcissism and all all those things, is that then cammelon 156 00:08:47.320 --> 00:08:51.399 It becomes president and owns the Biden record, which right 157 00:08:51.440 --> 00:08:54.639 now she's trying to disassociate herself from, which is amazing 158 00:08:54.639 --> 00:08:57.080 to me. It's like she's trying to put distance. By 159 00:08:57.080 --> 00:08:58.919 the way, I mean, you guys understand this, this is 160 00:08:59.039 --> 00:09:02.600 almost an inn so to our intelligence. Uh, Kamela is 161 00:09:02.600 --> 00:09:05.679 trying to put distance between herself and Biden, who are 162 00:09:05.720 --> 00:09:08.840 also being told is the greatest president since George Washington, 163 00:09:09.039 --> 00:09:12.279 the most successful president of modern times. Why would you 164 00:09:12.320 --> 00:09:15.120 need to be putting distance between yourself and that person 165 00:09:15.360 --> 00:09:18.679 if you're seriously going to say something that self evidently stupid. 166 00:09:20.600 --> 00:09:23.600 There was no distance today. So that today was supposed 167 00:09:23.600 --> 00:09:27.080 to be some big speech right about economic policy, right, 168 00:09:27.159 --> 00:09:31.279 and what was it? It was, uh, seeking a ban 169 00:09:31.399 --> 00:09:35.080 on price gouging and for food costs, price controls like. 170 00:09:36.519 --> 00:09:41.159 Price gouging on food. Yeah, just absolutely ridiculous. Two things 171 00:09:41.200 --> 00:09:45.120 about that. First, Uh, back to John's comment, John, you 172 00:09:45.159 --> 00:09:49.480 have a lovely mother who is actually older than Biden. 173 00:09:49.600 --> 00:09:55.080 Right, Uh, yeah, I think she is sp how's my 174 00:09:55.159 --> 00:09:56.080 mom comeing to it? 175 00:09:56.559 --> 00:10:00.799 Because you might actually want to, you know, help her 176 00:10:00.840 --> 00:10:05.279 on the stage, right, Not because she's any she's spry. 177 00:10:05.519 --> 00:10:11.240 She's extremely intelligent on top of her game still, but yeah, 178 00:10:11.399 --> 00:10:13.320 eighty one years old is eighty one years old if 179 00:10:13.360 --> 00:10:17.080 you've had how many aneurysms as he had, and so 180 00:10:17.240 --> 00:10:19.679 why are they even bothering to do that? It goes 181 00:10:19.720 --> 00:10:22.720 back to Steve's point, which is they're trying to split 182 00:10:22.759 --> 00:10:25.879 the baby. My only answer to that is these are 183 00:10:25.879 --> 00:10:28.720 the same dumb people who go to Taylor Swift concerts. 184 00:10:28.799 --> 00:10:34.360 They could be convinced of anything. Anybody stupid enough, stupid 185 00:10:34.559 --> 00:10:38.320 enough to vote for a Democrat would be stupid enough 186 00:10:38.360 --> 00:10:41.879 to buy exactly that argument. I don't know how else 187 00:10:41.919 --> 00:10:45.360 to say it. So they have nothing, nothing, supposedly if 188 00:10:45.360 --> 00:10:50.759 you believe the polls. Nothing None of their gas lighting, 189 00:10:50.840 --> 00:10:53.919 none of their hypocrisy. You know, none of that has 190 00:10:54.559 --> 00:10:58.840 hurt Kamala one bit. She just keeps rising and rising, 191 00:10:58.879 --> 00:11:01.480 and she's going to go to the stars in popularity 192 00:11:01.559 --> 00:11:02.399 before we know it. 193 00:11:02.559 --> 00:11:04.200 Well, by the way, I mean all this, all this 194 00:11:04.320 --> 00:11:07.720 gas lighting explains why she's reversed her position on fracking 195 00:11:07.759 --> 00:11:09.720 for natural gas because she needs a lot of it 196 00:11:09.759 --> 00:11:12.279 to pull this off. I don't think she can do it. 197 00:11:12.360 --> 00:11:14.080 That was a joke. By the way, you guys are 198 00:11:14.080 --> 00:11:14.679 got it. 199 00:11:14.679 --> 00:11:15.480 It took me a second. 200 00:11:16.080 --> 00:11:19.559 God, Okay, we need a lot of gas. 201 00:11:19.240 --> 00:11:20.000 For the gas light. 202 00:11:20.440 --> 00:11:22.480 Yes, you're trying to say something like that. 203 00:11:22.600 --> 00:11:23.960 Yes, right, do. 204 00:11:24.039 --> 00:11:26.200 They use natural gas? Okay? Sorry about that. I do 205 00:11:26.320 --> 00:11:29.320 want to ask, so, so Steve had this lovely idea 206 00:11:29.799 --> 00:11:34.519 for us to leave aside, Kamala and the polls and 207 00:11:34.600 --> 00:11:36.679 Trump and all those other things were coming back to it. 208 00:11:36.720 --> 00:11:39.200 I don't care what Steve says. However, you did want 209 00:11:39.200 --> 00:11:42.639 to talk about a few other things, which is appropriate, 210 00:11:43.720 --> 00:11:45.759 But I do want to I want to ask about 211 00:11:45.919 --> 00:11:50.600 the federal Cortapellate ruling against UH in favor of the 212 00:11:50.720 --> 00:11:54.240 lawsuit claiming that the covid Era. Let me get this right, 213 00:11:54.279 --> 00:11:58.600 the covid Era moratorium on paying rent where they just 214 00:11:59.440 --> 00:12:03.000 issued an you don't have to pay your rent anymore? 215 00:12:05.080 --> 00:12:08.600 Was it takings? So I really don't fully understand all that. 216 00:12:08.679 --> 00:12:12.480 I'm leaving it up to you too. Constitutionally, savvy lawyers 217 00:12:12.559 --> 00:12:14.320 to tell me about it. 218 00:12:14.559 --> 00:12:21.120 John, Yes, I was wondering about this too, and it 219 00:12:21.159 --> 00:12:25.559 actually goes back to the New Deal. But remember during COVID, 220 00:12:25.720 --> 00:12:29.600 the government, the federal government and then also some states 221 00:12:29.600 --> 00:12:34.759 and city governments like San Francisco, banned evictions during the 222 00:12:34.799 --> 00:12:38.200 COVID lockdowns, So you could as lucutiae as you're saying, 223 00:12:38.200 --> 00:12:42.159 you could go months. In fact, my brother, I think, 224 00:12:42.759 --> 00:12:45.279 had a tenant who refused to leave for two years, 225 00:12:45.559 --> 00:12:48.759 just stop paying rent and there's nothing as San Francisco 226 00:12:48.879 --> 00:12:52.360 would not provide any legal remedy for some of the 227 00:12:52.720 --> 00:12:55.679 guy just lived in this house for free because of 228 00:12:55.720 --> 00:12:59.559 these lock of the moratorium. So this is interesting because 229 00:13:00.039 --> 00:13:04.159 would have thought, right under you know, the original understanding 230 00:13:04.159 --> 00:13:07.039 of individual rights, there's a contract clause and there's a 231 00:13:07.159 --> 00:13:10.879 property takings clause, would prohibit the government from just saying 232 00:13:10.919 --> 00:13:13.759 someone can live in your house for free for years. 233 00:13:14.639 --> 00:13:20.559 During the New Deal, though, states declared these mortgage holidays 234 00:13:20.840 --> 00:13:24.960 where people wouldn't have to pay their home mortgages during 235 00:13:25.000 --> 00:13:29.879 the Great Depression, and the Supreme Court right eventually upheld those. 236 00:13:29.919 --> 00:13:32.200 It's very controble. First o case, people we don't talk 237 00:13:32.200 --> 00:13:36.039 about anymore. It's called Blaisdel. Yeah, the Playstel case, and 238 00:13:36.039 --> 00:13:38.200 that's what seen is one of the cases that sounded 239 00:13:38.240 --> 00:13:41.320 the death knell for the idea that economic rights are 240 00:13:41.399 --> 00:13:44.320 on the same part as political rights. You know, if 241 00:13:44.320 --> 00:13:47.039 this court, you know, this court has been very friendly 242 00:13:47.080 --> 00:13:50.279 to property rights, this Supreme Court, if they wanted to 243 00:13:51.960 --> 00:13:56.080 give another injection to the reinvigoration of property rights, so 244 00:13:56.120 --> 00:13:57.879 this would be a great case for them to take. 245 00:13:58.440 --> 00:14:01.600 The basic doctrine is h if you're going to have 246 00:14:01.639 --> 00:14:03.679 a takings clause, the Supreme Court has said in the 247 00:14:03.720 --> 00:14:09.000 past that temporarily taking property requires just compensation just as 248 00:14:09.080 --> 00:14:11.960 much as a permanent taking of property. So the logic 249 00:14:12.039 --> 00:14:14.960 of the court below here, this is the Federal Circuit 250 00:14:15.000 --> 00:14:19.279 in DC. It's a special court about takings, and they 251 00:14:19.320 --> 00:14:22.399 basically said, if the government took your apartment, you could 252 00:14:22.399 --> 00:14:26.759 get just compensation. So why should you just get the 253 00:14:26.799 --> 00:14:29.639 same just compensation if the government says people can live 254 00:14:29.679 --> 00:14:31.840 for free in your apartment for two years? 255 00:14:32.159 --> 00:14:33.960 Yeah, yeah, I mean. 256 00:14:33.840 --> 00:14:36.960 In two years, is no kind of statutory limitation on it. 257 00:14:36.960 --> 00:14:40.759 It's really, I mean, there is no because now, of 258 00:14:40.799 --> 00:14:44.559 course what they do is they claim squatter's rights. 259 00:14:45.000 --> 00:14:47.720 Yeah, well, right, that's a little bit. 260 00:14:47.960 --> 00:14:50.200 That's different, a little bit. No, I know it's a 261 00:14:50.240 --> 00:14:53.080 different but but there are many people who are actually 262 00:14:53.080 --> 00:14:56.720 claiming squatter's rights based upon the fact that they were 263 00:14:56.759 --> 00:15:00.399 not evicted when they didn't pay their their rents back 264 00:15:00.440 --> 00:15:02.320 in the day, back in COVID. 265 00:15:02.799 --> 00:15:05.080 Yeah, but not of them now, John, I haven't read 266 00:15:05.120 --> 00:15:07.080 the pleadings on this, and I haven't even gotten through 267 00:15:07.840 --> 00:15:10.840 Ilia Solman's article about it. Reason, but is this a 268 00:15:10.919 --> 00:15:15.519 takings case or is it also U the CDC first 269 00:15:15.559 --> 00:15:18.519 announced this, and really the CDC gets to announce a 270 00:15:18.600 --> 00:15:23.480 rent moratorium because they overreach or maybe both. I mean 271 00:15:23.519 --> 00:15:25.559 it could be both. They're not mutually exclusive. 272 00:15:25.679 --> 00:15:29.240 This is how bizarre and circular the Biden administration was. 273 00:15:29.320 --> 00:15:32.879 They said, well, in the end, it turned out that 274 00:15:33.120 --> 00:15:37.159 the moratorium was unconstitutional. Right, So, as you remember two 275 00:15:37.240 --> 00:15:40.679 years ago, the Supreme Court actually struck down this moratorium 276 00:15:41.240 --> 00:15:44.799 and said there's no authority for the federal government. Congress 277 00:15:44.840 --> 00:15:49.440 never gave the agencies any authority to declare nationwide basically 278 00:15:49.480 --> 00:15:53.320 an interruption in every landlord tenant contract in the country. 279 00:15:53.639 --> 00:15:56.080 So the Biden administration, this is how circular they go 280 00:15:56.120 --> 00:15:59.519 in and they say this is not a taking because 281 00:15:59.559 --> 00:16:04.759 we weren't authorized to take the property. Since that was 282 00:16:05.080 --> 00:16:08.360 not an authorized taking, we don't have to pay just compensation, 283 00:16:09.559 --> 00:16:12.600 which actually should make it worse for the government, not better. 284 00:16:13.240 --> 00:16:17.279 Yeah, I mean talk about shameless. Well, I don't want 285 00:16:17.320 --> 00:16:19.080 to get to It's been years since I've read the 286 00:16:19.120 --> 00:16:21.559 Blaisdell case, but I remember that from what nineteen thirty 287 00:16:21.559 --> 00:16:24.200 three or thirty four, And as I recalled, John has 288 00:16:24.200 --> 00:16:28.440 said Minnesota can cancel essentially didn't say it could outright 289 00:16:28.679 --> 00:16:32.919 cancel mortgage contract. Yes, spend them, but of course once 290 00:16:32.919 --> 00:16:35.279 you did, and there's all this language about, oh, you know, 291 00:16:35.360 --> 00:16:39.720 emergencies don't change constitutional rights and limitations, but it sure 292 00:16:40.279 --> 00:16:42.639 blew a big hole in the contracts clause. And it's 293 00:16:42.639 --> 00:16:46.000 been often races ever since. Right, and so at the 294 00:16:46.080 --> 00:16:48.639 very least, it seems to me that landlords who are 295 00:16:48.639 --> 00:16:50.759 out of pocket from people who didn't pay rent ought 296 00:16:50.759 --> 00:16:53.960 to be able to recover if not from I mean, 297 00:16:54.080 --> 00:16:55.919 I got chased down tenant. You may have evicted in 298 00:16:55.919 --> 00:16:56.799 good luck with that. 299 00:16:56.799 --> 00:16:59.360 That is the problem in San Francisco. It's like, right, 300 00:16:59.480 --> 00:17:02.120 these guys didn't pay rent for two years and then 301 00:17:02.120 --> 00:17:05.680 they disappear. Yeah, they might leave the city. Like, how 302 00:17:05.680 --> 00:17:06.680 are you supposed to act? 303 00:17:07.119 --> 00:17:07.279 Right? 304 00:17:07.319 --> 00:17:09.440 You're right, Steve, you could only the Supreme Court has 305 00:17:09.440 --> 00:17:13.039 said when the emergency's over, maybe you should get your 306 00:17:13.079 --> 00:17:16.400 money back. But yeah, yeah, how are you ever going 307 00:17:16.440 --> 00:17:16.920 to collect? 308 00:17:18.480 --> 00:17:19.359 Good luck with that? 309 00:17:20.599 --> 00:17:23.279 I will say that that all of all but one, 310 00:17:23.480 --> 00:17:26.799 all but one of the cases that Steve suggested that 311 00:17:26.839 --> 00:17:31.079 we discussed today have to do with the mid level 312 00:17:31.759 --> 00:17:36.079 federal appellate courts making good decisions. Another one had to 313 00:17:36.119 --> 00:17:39.559 do with the n error nl RB, the National Labor 314 00:17:39.640 --> 00:17:43.279 Relations Board. Anybody want to come in on that quickly 315 00:17:43.319 --> 00:17:44.759 because I have a point to all of this. 316 00:17:45.039 --> 00:17:46.119 Well, let's talk. 317 00:17:46.000 --> 00:17:48.279 About Well, it's a district court opinion, and I think 318 00:17:48.400 --> 00:17:51.759 John again, I'm just skimmed all this. Someone Actually it's 319 00:17:51.799 --> 00:17:54.680 it's Musk's space X people I think who are challenging 320 00:17:55.079 --> 00:17:58.000 the National Labor Relations Board. And what they're claiming is is, look, 321 00:17:58.000 --> 00:18:01.640 it's an executive agency, but the executive prohibited from removing 322 00:18:01.839 --> 00:18:03.759 the members of it. In other words, this is a 323 00:18:03.799 --> 00:18:08.240 direct and overdue challenge to Humphy's executor, isn't it, John? Yeah, 324 00:18:08.240 --> 00:18:08.680 that's right. 325 00:18:08.720 --> 00:18:11.319 I think this. I think the district judge went a 326 00:18:11.359 --> 00:18:14.400 little farther ahead than where the Supreme Court is because 327 00:18:15.519 --> 00:18:18.640 people remember we've talked about these cases on the podcast. 328 00:18:18.920 --> 00:18:23.039 The Roberts Court has been striking down federal agencies that 329 00:18:23.240 --> 00:18:26.799 don't allow the president to remove their heads without you know, 330 00:18:26.839 --> 00:18:30.359 for any reason, at will employment and the most the 331 00:18:30.920 --> 00:18:34.960 last famous one was striking down the protections for the 332 00:18:35.000 --> 00:18:40.720 head of the consumer Consumer Financial Protection Bureau. That's what 333 00:18:40.720 --> 00:18:43.839 it's called. The problem was in that opinion, it's called 334 00:18:43.880 --> 00:18:48.440 Selo law. This is typical Chief Justice Roberts. He puts 335 00:18:48.440 --> 00:18:51.680 in there this language saying, but we're not going to 336 00:18:51.720 --> 00:18:57.799 re examine Humphrey's executor. We're not going to question or 337 00:18:58.039 --> 00:19:01.799 bring into doubt the agency, these these boards and someone 338 00:19:01.799 --> 00:19:04.519 that have been upheld in the past. I don't know 339 00:19:04.559 --> 00:19:07.359 why that would actually write, why would you do that, 340 00:19:07.400 --> 00:19:10.000 but that's what he said. He said, So he basically said, 341 00:19:10.000 --> 00:19:12.440 we're not going to overturn Humphreys executor. We're not going 342 00:19:12.519 --> 00:19:15.319 to re examine all those new Deal agencies, but we 343 00:19:15.359 --> 00:19:18.160 are going to look closely at new you know, new creations, 344 00:19:18.200 --> 00:19:22.279 new creatures. So I think the NLRB probably falls within 345 00:19:22.359 --> 00:19:26.880 that exception that Roberts mentioned in this law case unfortunately. 346 00:19:27.960 --> 00:19:31.400 So remind me though that the the one, the one 347 00:19:31.440 --> 00:19:35.559 of the big defeats during the Obama administration for Obama 348 00:19:35.720 --> 00:19:40.279 was an nl RB case having to do with his 349 00:19:40.359 --> 00:19:45.039 appointment of interim members of the board, right, but I 350 00:19:45.079 --> 00:19:45.920 don't remember. 351 00:19:45.680 --> 00:19:49.000 Yes, a recess appointment. That was a recess appointments case. 352 00:19:49.119 --> 00:19:53.440 That was whether when Congress was at a session, how 353 00:19:53.519 --> 00:19:59.200 many days would Congress not be meeting for Obama to 354 00:19:59.240 --> 00:20:02.160 come in and start up pointing people as what they 355 00:20:02.160 --> 00:20:06.839 called recess appointments, people who could serve basically without having 356 00:20:06.880 --> 00:20:09.799 to undergo advice and consent, even though they normally would 357 00:20:09.839 --> 00:20:12.480 have to. Just because Congress is out of session, they 358 00:20:12.480 --> 00:20:14.880 get to serve for the rest of the congressional term. 359 00:20:15.319 --> 00:20:19.839 And the Supreme Court, yeah, because of President Obama, I think, 360 00:20:20.000 --> 00:20:23.400 basically claimed if Congress was out of session for like 361 00:20:23.440 --> 00:20:26.759 a millisecond, he could do it, right, And the Court said, no, No, 362 00:20:26.799 --> 00:20:29.000 the recess has to be a certain number of days. 363 00:20:30.079 --> 00:20:33.200 And it was a significant defeat for the Obama administration 364 00:20:33.240 --> 00:20:36.039 because it had the effect of invalidating a whole bunch 365 00:20:36.039 --> 00:20:38.759 of NLRB decisions. 366 00:20:39.200 --> 00:20:41.559 Yeah, I mean, I mean, let's remember that you know, 367 00:20:41.680 --> 00:20:44.119 John Bolton served as you an ambassador for about a 368 00:20:44.200 --> 00:20:46.920 year and a half as a recess appointment because a 369 00:20:46.960 --> 00:20:50.759 couple of Republican senators opposed his confirmation. But then the 370 00:20:50.799 --> 00:20:53.920 other thing, I mean why this is important is you 371 00:20:53.960 --> 00:20:56.559 may remember this mixes up a story from last week. 372 00:20:57.200 --> 00:21:01.200 The NLRB tried to intervene in strong Boeing into not 373 00:21:01.519 --> 00:21:04.759 opening one of their aircraft factories for this seven eighty 374 00:21:04.799 --> 00:21:07.720 seven in South Carolina, a non union right to work state, 375 00:21:08.599 --> 00:21:10.319 and they got slapped down I think in court or 376 00:21:10.440 --> 00:21:12.279 had to back down. I forget exactly what happened, but 377 00:21:12.279 --> 00:21:15.079 it was a clear overreach of their own authority, and 378 00:21:15.160 --> 00:21:17.960 when questioned on it, Obama said, oh, I have nothing 379 00:21:18.000 --> 00:21:20.799 to do with that. That was the National Labor Relations Sport, 380 00:21:20.880 --> 00:21:23.799 and they're an independent agency. I don't have any control 381 00:21:23.839 --> 00:21:26.599 over them. I mean, I can appoint some new members sometime, 382 00:21:26.680 --> 00:21:29.680 but they're beyond my reach. So this is the old 383 00:21:29.680 --> 00:21:32.079 two step that the administrative state has been using from 384 00:21:32.079 --> 00:21:35.440 the beginning, about oh, we have these expert administrators and gosh, 385 00:21:35.480 --> 00:21:37.839 I'm just powerless to do anything about it. And everyone 386 00:21:37.839 --> 00:21:39.319 nods their head and says, oh, I guess we. 387 00:21:39.400 --> 00:21:43.240 Have up with that, and forgive me for calling it recess. 388 00:21:43.400 --> 00:21:46.039 I mean interim instead of recess. If you know anything 389 00:21:46.119 --> 00:21:48.640 about the hell that is my life at my university 390 00:21:48.720 --> 00:21:51.920 right now, everything is an interim. So I'll just leave 391 00:21:51.960 --> 00:21:54.839 that one alone and move on to Unless you had 392 00:21:54.839 --> 00:21:56.559 more to say, John, get you picked up your mic. 393 00:21:58.400 --> 00:22:00.720 They do want to talk just briefly. You're right. There 394 00:22:00.720 --> 00:22:03.640 was a district court decision. This one is a Fifth court, 395 00:22:03.680 --> 00:22:07.680 Fifth Circuit Court decision that says that basically John's completely 396 00:22:07.720 --> 00:22:10.200 wrong about his nonsense when it has to do with 397 00:22:10.759 --> 00:22:16.359 invasions by illegal immigrants at the border. Right, am I 398 00:22:16.400 --> 00:22:22.680 reading that case correctly? United States versus Abbott State war powers? 399 00:22:22.680 --> 00:22:24.160 Do states have warpower? Steve? 400 00:22:25.759 --> 00:22:29.400 I don't know. I mean we'll find out soon. It's 401 00:22:29.440 --> 00:22:31.680