WEBVTT

1
00:00:00.240 --> 00:00:02.200
<v Speaker 1>The other thing that you have to realize is that

2
00:00:02.240 --> 00:00:04.440
<v Speaker 1>after three or four years of you being on a

3
00:00:04.480 --> 00:00:06.839
<v Speaker 1>podcast here with me, you've come so far.

4
00:00:08.199 --> 00:00:14.199
<v Speaker 2>Oh my god, I'm so glad that's not on tape.

5
00:00:14.240 --> 00:00:21.160
<v Speaker 3>Whiskey, come and take my pain. They don't. Why think

6
00:00:21.199 --> 00:00:23.920
<v Speaker 3>alone when you can drink it all in with Ricochet's

7
00:00:24.000 --> 00:00:28.519
<v Speaker 3>three Whiskey Happy Hour. Join your bartenders, Steve Hayward, John You,

8
00:00:29.160 --> 00:00:37.759
<v Speaker 3>and the international Woman of Mystery, Lucretia. Where this lap stopping? Livid?

9
00:00:37.840 --> 00:00:43.000
<v Speaker 3>Ain't you easy on the show? Cat's gotta giving whiskey?

10
00:00:43.439 --> 00:00:47.640
<v Speaker 3>All right, listeners, Daddy's back getting in charge from the juveniles.

11
00:00:47.679 --> 00:00:50.159
<v Speaker 3>I left in charge of the podcast like it reminds

12
00:00:50.200 --> 00:00:52.200
<v Speaker 3>me of that old line of p J o'rouric about

13
00:00:52.920 --> 00:00:55.719
<v Speaker 3>giving power to liberals is like giving the car keys

14
00:00:55.719 --> 00:00:58.320
<v Speaker 3>and whiskey to a teenager. So I let you guys

15
00:00:58.600 --> 00:01:00.719
<v Speaker 3>run this show. For the large part, I was gone

16
00:01:00.799 --> 00:01:02.240
<v Speaker 3>and you can see where it went. So I'm back

17
00:01:02.240 --> 00:01:05.400
<v Speaker 3>in charge. It's the three Whiskey Happy Hour. Good morning, everybody.

18
00:01:05.480 --> 00:01:07.680
<v Speaker 3>I've got Lucretia at a disadvantage because she's not quite

19
00:01:07.719 --> 00:01:10.000
<v Speaker 3>awake yet, but there we go.

20
00:01:10.200 --> 00:01:12.959
<v Speaker 1>I'm awake. I just don't like speaking to people or

21
00:01:13.000 --> 00:01:15.239
<v Speaker 1>have them speak to me before seven am.

22
00:01:17.519 --> 00:01:20.519
<v Speaker 3>Well, we are far flong again as usual. John's in Washington,

23
00:01:20.599 --> 00:01:23.200
<v Speaker 3>d C. I'm finally back in California after a month

24
00:01:23.239 --> 00:01:27.760
<v Speaker 3>of flouncing about in Scandinavia. And Lucretia is at home

25
00:01:27.760 --> 00:01:31.599
<v Speaker 3>at her undisclosed location in a desert bunker. Right, So right, okay,

26
00:01:32.680 --> 00:01:36.920
<v Speaker 3>all right, well, you know, let's start this way. So, Lucretia,

27
00:01:36.959 --> 00:01:39.359
<v Speaker 3>you had a post on our Political Question site here

28
00:01:39.400 --> 00:01:41.799
<v Speaker 3>earlier the day you thought would provoke both of John

29
00:01:41.840 --> 00:01:44.400
<v Speaker 3>and me, and it didn't provoke me. I actually agreed,

30
00:01:44.439 --> 00:01:46.640
<v Speaker 3>but I didn't really get into it in our recent

31
00:01:46.680 --> 00:01:49.879
<v Speaker 3>podcast where essentially you said, what Trump was the smartest

32
00:01:49.879 --> 00:01:52.359
<v Speaker 3>guy in the room, especially when it comes to the

33
00:01:52.400 --> 00:01:56.239
<v Speaker 3>grand strategy of this whole Middle East scene, and I

34
00:01:56.280 --> 00:01:58.640
<v Speaker 3>think beyond that. So I agree with that, but secondly,

35
00:01:58.680 --> 00:02:01.359
<v Speaker 3>beyond that as a general theme to open up with today,

36
00:02:02.239 --> 00:02:04.959
<v Speaker 3>you know, the whole scene right now with Trump and

37
00:02:05.040 --> 00:02:07.480
<v Speaker 3>the country is in my mind, starting to take on

38
00:02:07.519 --> 00:02:10.639
<v Speaker 3>the same vibe as the nineteen eighties, you know, Morning

39
00:02:10.639 --> 00:02:13.240
<v Speaker 3>in America with Reagan right things everything was starting to

40
00:02:13.240 --> 00:02:16.439
<v Speaker 3>go right at leading force to a forty nine state

41
00:02:16.520 --> 00:02:20.000
<v Speaker 3>landslide in nineteen eighty four. But you know, success briefed,

42
00:02:20.039 --> 00:02:23.719
<v Speaker 3>success and good grief. I look up right now at

43
00:02:23.719 --> 00:02:26.159
<v Speaker 3>where Trump is at the moment, So more wins at

44
00:02:26.159 --> 00:02:28.360
<v Speaker 3>the Supreme Court. That'll be our main subject for today.

45
00:02:29.479 --> 00:02:33.800
<v Speaker 3>NATO calling him daddy. I love that part, calling him

46
00:02:33.879 --> 00:02:36.479
<v Speaker 3>daddy and saying, yeah, we'll spend five percent of GDP

47
00:02:36.680 --> 00:02:39.879
<v Speaker 3>on defense. Almost all European countries said they would do that.

48
00:02:40.439 --> 00:02:41.280
<v Speaker 3>European Union.

49
00:02:42.240 --> 00:02:45.560
<v Speaker 1>By the way, Steve, they say, do you think the

50
00:02:45.680 --> 00:02:50.960
<v Speaker 1>guy came back and said he didn't actually call him daddy. Yeah,

51
00:02:51.000 --> 00:02:54.800
<v Speaker 1>there's a difference. You know, It's like saying daddy's home.

52
00:02:55.639 --> 00:02:58.240
<v Speaker 1>I forget what it was. He wanted people to know

53
00:02:58.280 --> 00:02:59.520
<v Speaker 1>he wasn't calling him daddy.

54
00:03:00.199 --> 00:03:02.840
<v Speaker 3>Okay, well, I'm sure you got a lot of blowback

55
00:03:02.879 --> 00:03:06.879
<v Speaker 3>for it. Well, all right, but then the European Union said, yeah,

56
00:03:06.879 --> 00:03:08.360
<v Speaker 3>I guess you're going to have to make some trade

57
00:03:08.400 --> 00:03:12.520
<v Speaker 3>concessions to Trump to get some trade deals right. Harvard

58
00:03:12.719 --> 00:03:16.159
<v Speaker 3>is reportedly trying to negotiate a deal with Trump over

59
00:03:16.199 --> 00:03:19.800
<v Speaker 3>their conflict. CBS News is looking to settle Trump's libel suit.

60
00:03:20.639 --> 00:03:22.719
<v Speaker 3>The Iran bombing looks like a big success.

61
00:03:23.919 --> 00:03:25.319
<v Speaker 1>BBA fired their president.

62
00:03:25.520 --> 00:03:27.159
<v Speaker 3>Yeah, I was going to add that that's a big

63
00:03:27.199 --> 00:03:29.120
<v Speaker 3>story that we don't have time to go into details.

64
00:03:29.120 --> 00:03:32.120
<v Speaker 3>But that's and that happened fast, and it's not getting

65
00:03:32.120 --> 00:03:36.159
<v Speaker 3>a lot of press. But the Democrats. Here's the headline

66
00:03:36.199 --> 00:03:38.680
<v Speaker 3>in my mind, the way the Democrats are pushing back

67
00:03:38.719 --> 00:03:42.080
<v Speaker 3>against Governor youngcin and friends of ours who were youngin

68
00:03:42.080 --> 00:03:43.960
<v Speaker 3>has been trying to put on the board of overseers

69
00:03:43.960 --> 00:03:47.080
<v Speaker 3>for the universities. The fact that they're fighting back so

70
00:03:47.199 --> 00:03:51.319
<v Speaker 3>vigorously makes it evident that Democrats understand that universities are

71
00:03:51.360 --> 00:03:54.400
<v Speaker 3>adjunct organizations of the Democratic Party. Nothing could be more

72
00:03:54.400 --> 00:03:56.280
<v Speaker 3>clear than the way they're fighting this. I think it's

73
00:03:56.360 --> 00:04:00.800
<v Speaker 3>unprecedented in Virginia for the political the legs to block

74
00:04:00.879 --> 00:04:05.039
<v Speaker 3>the governor's appointees. Okay, Trump lowered the boom on China,

75
00:04:05.120 --> 00:04:06.919
<v Speaker 3>and at the end of the week the stock market

76
00:04:06.960 --> 00:04:09.400
<v Speaker 3>reached a whole new high. So it could hardly get

77
00:04:09.400 --> 00:04:12.479
<v Speaker 3>any better than that unless it would be passing the big

78
00:04:12.520 --> 00:04:15.199
<v Speaker 3>beautiful bill, which I'm certain is going to pass, if

79
00:04:15.240 --> 00:04:16.839
<v Speaker 3>not by the end of next week, then at least

80
00:04:16.879 --> 00:04:17.680
<v Speaker 3>by the end of the month.

81
00:04:17.800 --> 00:04:26.120
<v Speaker 1>So with or without all of elizabeths Elizabeth cuts, Elizabeth Cuts,

82
00:04:26.160 --> 00:04:31.920
<v Speaker 1>who's Elizabeth is the the Senate parliamentary and cutting everything

83
00:04:32.000 --> 00:04:33.839
<v Speaker 1>of value out of the big beautiful bill.

84
00:04:34.560 --> 00:04:38.480
<v Speaker 3>Yeah, well it'll be a moment to see whether they

85
00:04:38.879 --> 00:04:41.759
<v Speaker 3>realize that effect have the power to overrule the parliamentarian.

86
00:04:41.959 --> 00:04:46.040
<v Speaker 3>And so we'll see. But Trump's working the phone's hard,

87
00:04:47.319 --> 00:04:49.959
<v Speaker 3>you know again, you know, Reagan worked the phone's hard

88
00:04:50.000 --> 00:04:52.319
<v Speaker 3>in nineteen eighty one, very hard on behalf of his

89
00:04:52.439 --> 00:04:55.560
<v Speaker 3>tax and budget bills. Other presidents, I think have let

90
00:04:55.600 --> 00:04:59.639
<v Speaker 3>their their advisors and you know, head of this and

91
00:04:59.680 --> 00:05:01.959
<v Speaker 3>that do But think of all the phone calls that

92
00:05:01.959 --> 00:05:03.959
<v Speaker 3>Trump made over the years to get his real estate

93
00:05:04.000 --> 00:05:06.199
<v Speaker 3>deals through. So this is natural to him to be

94
00:05:06.240 --> 00:05:09.000
<v Speaker 3>on the phone twisting arms. And so that's why I

95
00:05:09.000 --> 00:05:10.560
<v Speaker 3>think this thing is going to pass in one form

96
00:05:10.600 --> 00:05:14.879
<v Speaker 3>or another anyway. That's that's sort of my opening is uh,

97
00:05:14.959 --> 00:05:20.199
<v Speaker 3>you know Trump is living a charmed life. Anybody will.

98
00:05:20.279 --> 00:05:24.439
<v Speaker 2>So your your your daddy, And what me and Lucretia

99
00:05:24.480 --> 00:05:28.800
<v Speaker 2>are Israel and dorn is that right? Is that your comparison?

100
00:05:30.040 --> 00:05:31.920
<v Speaker 2>I just would like to so I'd like to be

101
00:05:32.079 --> 00:05:38.079
<v Speaker 2>Israel in this, of course you would. And fighting against Lucretia,

102
00:05:38.160 --> 00:05:44.240
<v Speaker 2>the religious extremist soon to be armed with nuclear weapons.

103
00:05:44.279 --> 00:05:48.160
<v Speaker 2>So I so, I mean, she's already got all the

104
00:05:48.199 --> 00:05:51.040
<v Speaker 2>conventional weapons one withoud what in the home arsenal, So

105
00:05:51.240 --> 00:05:56.319
<v Speaker 2>the next step up is nuclear, biological or chemical on her. So, look, Steve,

106
00:05:56.639 --> 00:05:59.480
<v Speaker 2>I think I think we should be cautia is not

107
00:05:59.560 --> 00:06:03.560
<v Speaker 2>to be exaggerating how well Trump's doing. I think it

108
00:06:03.680 --> 00:06:07.560
<v Speaker 2>is completely the case that the strategic situation the Middle

109
00:06:07.560 --> 00:06:10.720
<v Speaker 2>East has been changed. But I think that's because of Israel.

110
00:06:11.040 --> 00:06:13.360
<v Speaker 2>We've been helping Israel. Basically, what we did is we

111
00:06:13.480 --> 00:06:17.319
<v Speaker 2>unleashed Israel. I think that's what Trump's insight is. I

112
00:06:17.319 --> 00:06:21.079
<v Speaker 2>don't think Trump right, you know, destroyed Hamas and you know,

113
00:06:21.120 --> 00:06:25.399
<v Speaker 2>crippled Hezbolah and taken out all of Iran's air defenses

114
00:06:25.720 --> 00:06:29.600
<v Speaker 2>to point that it's incredible there's air supremacy over Tehran

115
00:06:29.720 --> 00:06:33.439
<v Speaker 2>for the Israeli Air Force. But it's important to recognize

116
00:06:33.480 --> 00:06:38.160
<v Speaker 2>that past American presidents had kept Israel from doing exactly this,

117
00:06:38.680 --> 00:06:40.920
<v Speaker 2>and so I think this is, you know, to explain

118
00:06:41.720 --> 00:06:44.279
<v Speaker 2>my sense of what Trump has done is that he

119
00:06:44.480 --> 00:06:47.360
<v Speaker 2>is letting the Allies take care of their own business

120
00:06:47.839 --> 00:06:51.120
<v Speaker 2>in the region. So I actually don't think of the

121
00:06:51.199 --> 00:06:54.079
<v Speaker 2>nuclear strikes like a lot of people do or mega

122
00:06:54.120 --> 00:06:57.040
<v Speaker 2>people worry about that's an an increase in American intervention.

123
00:06:57.759 --> 00:07:01.800
<v Speaker 2>Mostly what we've done is armed Israel and let it go,

124
00:07:02.240 --> 00:07:05.279
<v Speaker 2>and let Israel armed with the right values that we

125
00:07:05.319 --> 00:07:07.720
<v Speaker 2>agree with, remake the Middle East. And then we did

126
00:07:07.759 --> 00:07:10.319
<v Speaker 2>the one thing they couldn't, which was drop those gigantic,

127
00:07:10.680 --> 00:07:14.199
<v Speaker 2>massive ordnance penetrators on the newcles. But that's because that

128
00:07:14.240 --> 00:07:18.160
<v Speaker 2>was an art interest. So I wouldn't overstate what. And

129
00:07:18.160 --> 00:07:20.759
<v Speaker 2>there's going to be setbacks, I think because Israel is

130
00:07:20.800 --> 00:07:24.639
<v Speaker 2>a very tiny country and they're fighting much larger countries.

131
00:07:25.879 --> 00:07:28.120
<v Speaker 2>I wish them all the success, and I think they're

132
00:07:28.120 --> 00:07:31.800
<v Speaker 2>going to, you know, hopefully be able to put into

133
00:07:31.879 --> 00:07:35.959
<v Speaker 2>place their wins. I don't think it's because of Trump necessarily.

134
00:07:36.079 --> 00:07:40.360
<v Speaker 1>And that's the part I disagree with John, the conclusion.

135
00:07:40.399 --> 00:07:44.000
<v Speaker 1>I agree with all of you the facts as you

136
00:07:44.079 --> 00:07:48.560
<v Speaker 1>laid them out. But let me remind you that two

137
00:07:48.639 --> 00:07:52.160
<v Speaker 1>years ago, probably when we would discuss why it would

138
00:07:52.199 --> 00:07:58.240
<v Speaker 1>be appropriate to arm Israel and not the Ukrainians, my

139
00:07:58.439 --> 00:08:02.399
<v Speaker 1>argument always was, never mind the moral issues and so forth,

140
00:08:02.439 --> 00:08:04.480
<v Speaker 1>but that you don't know that we necessarily need to

141
00:08:04.839 --> 00:08:09.680
<v Speaker 1>arm out of our treasury the Israelis. We just need

142
00:08:09.720 --> 00:08:12.040
<v Speaker 1>to provide them with weapons, and we need to give

143
00:08:12.079 --> 00:08:16.000
<v Speaker 1>them the moral authority of the United States to continue

144
00:08:16.000 --> 00:08:18.079
<v Speaker 1>what they're doing, to be on their side. That was

145
00:08:18.079 --> 00:08:20.600
<v Speaker 1>always my argument, and I'm going to say that that's

146
00:08:20.639 --> 00:08:22.759
<v Speaker 1>a little bit of what you just said. But when

147
00:08:22.759 --> 00:08:26.279
<v Speaker 1>you say Trump doesn't deserve that much credit, the point

148
00:08:26.279 --> 00:08:30.199
<v Speaker 1>of my article was all previous presidents listened way too

149
00:08:30.319 --> 00:08:35.799
<v Speaker 1>much to their advisors, to the foreign policy establishment. You

150
00:08:35.840 --> 00:08:38.720
<v Speaker 1>know that you can't have peace unless there's a state

151
00:08:38.759 --> 00:08:41.080
<v Speaker 1>and a two state solution, and you know, all of

152
00:08:41.120 --> 00:08:46.919
<v Speaker 1>these things that prevented them from thinking about the conflicts

153
00:08:46.960 --> 00:08:49.679
<v Speaker 1>in the Middle East in a whole new way. Trump

154
00:08:49.759 --> 00:08:52.360
<v Speaker 1>was willing to do and in that way, and he

155
00:08:52.639 --> 00:08:55.639
<v Speaker 1>was not. This was the underlying theme that was meant

156
00:08:55.679 --> 00:08:59.639
<v Speaker 1>to be a slam mostly at you, John, but a

157
00:08:59.639 --> 00:09:02.639
<v Speaker 1>little Steve, because he's always bringing up these damn stupid

158
00:09:02.679 --> 00:09:07.919
<v Speaker 1>theories international relations. There's game, theory, real is, whatever all

159
00:09:07.960 --> 00:09:12.360
<v Speaker 1>of those are. If you think in those terms, your

160
00:09:12.480 --> 00:09:16.399
<v Speaker 1>thinking is necessarily bounded by the outlines of those theories.

161
00:09:16.440 --> 00:09:19.840
<v Speaker 1>And that's you know, Trump probably does never read an

162
00:09:19.879 --> 00:09:23.840
<v Speaker 1>international relations book in his life, lucky him. But it

163
00:09:23.960 --> 00:09:27.720
<v Speaker 1>also means that he just doesn't buy into those theories,

164
00:09:27.759 --> 00:09:31.399
<v Speaker 1>and that every every single conflict across the world that

165
00:09:31.440 --> 00:09:35.639
<v Speaker 1>the president wants to address or ignore has to be

166
00:09:35.720 --> 00:09:40.120
<v Speaker 1>understood in terms of some foreign relations, some foreign policy

167
00:09:40.240 --> 00:09:43.080
<v Speaker 1>theory that somebody from some stupid think tank came up.

168
00:09:43.120 --> 00:09:46.200
<v Speaker 2>We know theory just makes the world is trusting effort

169
00:09:46.240 --> 00:09:48.720
<v Speaker 2>to simplify the world, to make it easier to understand

170
00:09:48.759 --> 00:09:51.759
<v Speaker 2>what I don't when I didn't get from your peace,

171
00:09:51.960 --> 00:09:54.799
<v Speaker 2>I think it's fair that you criticize other ways of

172
00:09:54.840 --> 00:09:56.960
<v Speaker 2>thinking about the world. I didn't understand for your piece

173
00:09:57.039 --> 00:10:00.519
<v Speaker 2>how Trump actually makes decisions, Like how does he choose

174
00:10:00.559 --> 00:10:03.840
<v Speaker 2>what's in America's national interest and what's not I can't tell.

175
00:10:04.120 --> 00:10:06.759
<v Speaker 2>And I don't think your piece says what it is.

176
00:10:06.840 --> 00:10:08.559
<v Speaker 2>It just sort of says, well, he's got sort of

177
00:10:08.759 --> 00:10:12.200
<v Speaker 2>common sense, and he looks at the circumstances and he

178
00:10:12.320 --> 00:10:16.399
<v Speaker 2>does something reasonable. But reasonable is just a word for

179
00:10:16.679 --> 00:10:18.480
<v Speaker 2>you know, it's just like a fudgy word that you

180
00:10:18.519 --> 00:10:21.000
<v Speaker 2>can use to say, well, that's you know, you got

181
00:10:21.000 --> 00:10:24.039
<v Speaker 2>to figure out something more than just reasonable. Right, he's decided.

182
00:10:24.200 --> 00:10:26.720
<v Speaker 1>I don't think you did. I don't think you do

183
00:10:27.240 --> 00:10:29.159
<v Speaker 1>what I think that you can figure out what his

184
00:10:29.279 --> 00:10:33.960
<v Speaker 1>goals are, his goals are America first, America, strong, America,

185
00:10:34.200 --> 00:10:40.840
<v Speaker 1>prosperous economic freedom for people. That's what he wants for America, Patriotism,

186
00:10:40.840 --> 00:10:43.679
<v Speaker 1>all those things. I think that's pretty easy to understand,

187
00:10:44.039 --> 00:10:46.039
<v Speaker 1>the mag of movement and all of that. And then

188
00:10:46.279 --> 00:10:50.399
<v Speaker 1>his vision for the world is we don't control the world.

189
00:10:51.080 --> 00:10:52.840
<v Speaker 1>We even saw that when he went to the Middle

190
00:10:52.840 --> 00:10:55.759
<v Speaker 1>East and talked to you know, those the different countries

191
00:10:55.799 --> 00:10:58.200
<v Speaker 1>and look, I'm not here, I'm not here to tell

192
00:10:58.320 --> 00:11:00.960
<v Speaker 1>to change you and make you like the United States.

193
00:11:01.039 --> 00:11:04.960
<v Speaker 1>You should embrace your your ethnic identity, your national identity.

194
00:11:05.200 --> 00:11:08.200
<v Speaker 1>He wants a world of peace, and he wants to

195
00:11:08.240 --> 00:11:10.240
<v Speaker 1>do what he can with the power of the United

196
00:11:10.320 --> 00:11:13.679
<v Speaker 1>States to pursue that. But he doesn't want to do

197
00:11:13.720 --> 00:11:16.480
<v Speaker 1>it by intervening in the ways that the foreign policy

198
00:11:17.320 --> 00:11:20.360
<v Speaker 1>apparatus has said we should do. Over the last say,

199
00:11:21.399 --> 00:11:24.840
<v Speaker 1>I don't know, since Vietnam probably make the world safe

200
00:11:24.840 --> 00:11:28.480
<v Speaker 1>for democracy, shall we say? I think that that Trump's

201
00:11:28.519 --> 00:11:32.559
<v Speaker 1>it just doesn't fit into a theory because because you're right,

202
00:11:32.679 --> 00:11:34.960
<v Speaker 1>the theories are really there to make the world simpler

203
00:11:34.960 --> 00:11:38.039
<v Speaker 1>to understand. But my problem with them is exactly that

204
00:11:38.440 --> 00:11:41.440
<v Speaker 1>once you simplify things too much, you're not looking at

205
00:11:41.480 --> 00:11:44.600
<v Speaker 1>all the possibilities. You're not looking at all the opportunities

206
00:11:44.679 --> 00:11:46.120
<v Speaker 1>and so on. Sorry, Steve, go ahead.

207
00:11:46.200 --> 00:11:46.720
<v Speaker 3>So that's right.

208
00:11:46.720 --> 00:11:49.600
<v Speaker 2>Well, John, I'm a podcast with political theorists who are

209
00:11:49.639 --> 00:11:53.120
<v Speaker 2>against theory. Understand why this is so frustrating.

210
00:11:53.600 --> 00:11:56.200
<v Speaker 3>No, wait a minute, John, all right, let me first

211
00:11:56.200 --> 00:11:58.360
<v Speaker 3>of all, I just want to register the objection that

212
00:11:58.600 --> 00:12:01.039
<v Speaker 3>usually when I'm bringing up like theory of international relations,

213
00:12:01.039 --> 00:12:03.000
<v Speaker 3>it's to mock them and make fun of them. The

214
00:12:03.000 --> 00:12:05.480
<v Speaker 3>partial exception of game theory I applied to law fair,

215
00:12:05.639 --> 00:12:07.559
<v Speaker 3>not foreign relations. By the way, if you want to

216
00:12:07.600 --> 00:12:09.679
<v Speaker 3>go back and never mind that I'm the one.

217
00:12:09.639 --> 00:12:13.960
<v Speaker 4>Who does that, yeah, okay, right, but look, John, the

218
00:12:14.000 --> 00:12:16.960
<v Speaker 4>fact that you can't figure out what Trump's decision process

219
00:12:17.200 --> 00:12:19.039
<v Speaker 4>is that is a feature, not a buck.

220
00:12:19.799 --> 00:12:20.399
<v Speaker 3>And here's what.

221
00:12:22.200 --> 00:12:24.120
<v Speaker 2>No, no, no, it's not good if you just got

222
00:12:24.159 --> 00:12:27.360
<v Speaker 2>a guy who just thinks he can make important decisions

223
00:12:27.360 --> 00:12:30.200
<v Speaker 2>like dropping huge bombs on people just because of some

224
00:12:30.600 --> 00:12:34.799
<v Speaker 2>instinct instinct. Yeah, that's what I'm saying. Well, what is

225
00:12:34.840 --> 00:12:36.919
<v Speaker 2>it then? Well, first of all, I mean, all the

226
00:12:36.919 --> 00:12:40.039
<v Speaker 2>things that Lucretius said are nice slogans that every president

227
00:12:40.080 --> 00:12:42.559
<v Speaker 2>would say they agree with. Look, the question is, how

228
00:12:42.559 --> 00:12:44.399
<v Speaker 2>do you implement it and achieve it. That's what I

229
00:12:44.440 --> 00:12:47.240
<v Speaker 2>didn't understand from the peace, or understand from listening to

230
00:12:47.279 --> 00:12:49.399
<v Speaker 2>Trump and listening to what these mega people work in

231
00:12:49.440 --> 00:12:52.240
<v Speaker 2>his administration say. The words are all the same thing

232
00:12:52.279 --> 00:12:55.240
<v Speaker 2>every president's. Every president wants peace. Every president says their

233
00:12:55.240 --> 00:12:59.000
<v Speaker 2>America first, right, Every president says they're defending our security.

234
00:12:59.039 --> 00:13:02.919
<v Speaker 2>We're not ordering everybody around. But then how they well,

235
00:13:03.000 --> 00:13:06.080
<v Speaker 2>let's let's take a closer look here John, and here I'm.

236
00:13:07.600 --> 00:13:10.799
<v Speaker 3>I'm pretty strongly four square with Lucrete on this. Let's

237
00:13:10.799 --> 00:13:12.360
<v Speaker 3>go back several weeks.

238
00:13:13.320 --> 00:13:16.080
<v Speaker 2>For see, your daddy is siding with one child over

239
00:13:16.120 --> 00:13:21.720
<v Speaker 2>the other. I know, yeah, go figure, Yeah, I'm gonna

240
00:13:21.720 --> 00:13:23.879
<v Speaker 2>demand that. Now we go to McDonald's and I get

241
00:13:23.919 --> 00:13:25.399
<v Speaker 2>my mcribs as payback.

242
00:13:26.960 --> 00:13:32.039
<v Speaker 3>Look here here's the theme here, and then we'll go

243
00:13:32.080 --> 00:13:34.720
<v Speaker 3>to a break and move on to other subjects. Trump

244
00:13:34.759 --> 00:13:39.120
<v Speaker 3>showed extraordinary machiavellian skill over the last several weeks or

245
00:13:39.159 --> 00:13:41.440
<v Speaker 3>several months. So you go back to when net and

246
00:13:41.480 --> 00:13:45.159
<v Speaker 3>Yahoo came to Washington what two months ago, and the

247
00:13:45.200 --> 00:13:47.600
<v Speaker 3>headline was, well, we don't know exactly what they said,

248
00:13:47.600 --> 00:13:50.039
<v Speaker 3>but from the body language and what was said, it

249
00:13:50.080 --> 00:13:53.399
<v Speaker 3>looks like Trump is with holding back Iran or Israel

250
00:13:53.440 --> 00:13:57.759
<v Speaker 3>from attacking Iran, and there's there's a distance between the

251
00:13:57.879 --> 00:14:00.519
<v Speaker 3>US and Israel right now. And then the fact that

252
00:14:00.559 --> 00:14:03.320
<v Speaker 3>Trump did not visit Israel on that trip that Lucretia

253
00:14:03.360 --> 00:14:05.799
<v Speaker 3>referenced was now I think, by the way, that was

254
00:14:05.840 --> 00:14:10.480
<v Speaker 3>all deliberate misinformation deception by US and Israel, because it

255
00:14:10.519 --> 00:14:12.799
<v Speaker 3>has emerged enough details have come out that in fact,

256
00:14:13.240 --> 00:14:16.279
<v Speaker 3>Trump and NETANYAHUO were in very close communication and agreement

257
00:14:16.879 --> 00:14:19.759
<v Speaker 3>as to giving the green light to Israel to attack

258
00:14:19.919 --> 00:14:22.559
<v Speaker 3>and then after the sixty day period to let negotiations

259
00:14:22.559 --> 00:14:25.840
<v Speaker 3>play out, and then so say more about that. But

260
00:14:25.879 --> 00:14:28.440
<v Speaker 3>then the other thing is Trump said, you know, I'm

261
00:14:28.440 --> 00:14:30.799
<v Speaker 3>going to give him two weeks to decide to make peace,

262
00:14:31.200 --> 00:14:35.080
<v Speaker 3>and we now know that he already decided that he

263
00:14:35.159 --> 00:14:39.519
<v Speaker 3>was inclined to use our bunker busters to strike before

264
00:14:39.559 --> 00:14:42.960
<v Speaker 3>the two weeks was up. He sent the B two

265
00:14:43.000 --> 00:14:47.879
<v Speaker 3>planes westward to Guam as a faint, which I think

266
00:14:47.960 --> 00:14:49.799
<v Speaker 3>was also a signal to Chinese. But never mind that

267
00:14:49.840 --> 00:14:52.519
<v Speaker 3>for the moment sending carrier strike groups and then suddenly

268
00:14:52.559 --> 00:14:54.720
<v Speaker 3>we wake up and discover, oh, he didn't wait for

269
00:14:54.720 --> 00:14:57.519
<v Speaker 3>two weeks after all, he went and did it, and

270
00:14:57.960 --> 00:15:00.000
<v Speaker 3>once again we know that he was in close communication

271
00:15:00.200 --> 00:15:03.559
<v Speaker 3>with that Yahoo. They were putting out more disinformation to

272
00:15:03.639 --> 00:15:07.039
<v Speaker 3>deceive everybody about this. That to me shows some real

273
00:15:07.120 --> 00:15:09.399
<v Speaker 3>Machiavellian skill on Trump's part.

274
00:15:10.159 --> 00:15:13.320
<v Speaker 2>And you know, the tactics not in strategy.

275
00:15:13.360 --> 00:15:13.759
<v Speaker 3>That's all.

276
00:15:13.799 --> 00:15:16.600
<v Speaker 2>I love it too. Once you decide to carry out

277
00:15:16.600 --> 00:15:19.600
<v Speaker 2>the strike, all that was great. But that's different than

278
00:15:19.720 --> 00:15:22.679
<v Speaker 2>how does he make you know what to do and.

279
00:15:22.759 --> 00:15:23.840
<v Speaker 3>Not do well.

280
00:15:23.879 --> 00:15:26.600
<v Speaker 2>I'll just say that I would say, once he does it,

281
00:15:26.679 --> 00:15:29.320
<v Speaker 2>our military has no power or equal in the world,

282
00:15:29.399 --> 00:15:29.919
<v Speaker 2>and carrying it.

283
00:15:29.960 --> 00:15:33.000
<v Speaker 1>I think it's because you refuse to believe the simple things. John.

284
00:15:33.080 --> 00:15:34.960
<v Speaker 1>He doesn't want to around to have a nuclear weapon.

285
00:15:35.399 --> 00:15:39.200
<v Speaker 1>That's the strategy. The tactics get him there. The strategy,

286
00:15:39.279 --> 00:15:42.279
<v Speaker 1>how do we prevent Iran from getting a nuclear weapon

287
00:15:42.279 --> 00:15:45.759
<v Speaker 1>without causing World War three? How do we support Israel

288
00:15:46.399 --> 00:15:49.399
<v Speaker 1>and make sure that they can.

289
00:15:50.559 --> 00:15:53.799
<v Speaker 2>Here's the thing that his side is not that. The

290
00:15:53.840 --> 00:15:56.799
<v Speaker 2>MAGA people all upset with, right, They're saying, why is

291
00:15:56.840 --> 00:16:00.360
<v Speaker 2>it our view that Iran doesn't get a nuclear weapon

292
00:16:00.480 --> 00:16:02.840
<v Speaker 2>and that we have to stop them? No, No, I

293
00:16:03.519 --> 00:16:05.080
<v Speaker 2>don't agree with this. I don't agree with this.

294
00:16:05.159 --> 00:16:05.440
<v Speaker 3>At all.

295
00:16:05.480 --> 00:16:07.960
<v Speaker 2>But I'm reading our friends many of them are angry.

296
00:16:08.600 --> 00:16:11.440
<v Speaker 1>No, they're not as angry as they were because they

297
00:16:11.440 --> 00:16:13.799
<v Speaker 1>said for sure this was going to start World War three,

298
00:16:13.879 --> 00:16:15.919
<v Speaker 1>and now they of course have egg on their face.

299
00:16:16.879 --> 00:16:20.919
<v Speaker 1>I do believe that there is a huge element, I'm sorry,

300
00:16:20.960 --> 00:16:23.879
<v Speaker 1>of anti Semitism on the right that drives much of

301
00:16:23.919 --> 00:16:27.559
<v Speaker 1>this anti Israel thing. If you cannot see how Israel

302
00:16:27.639 --> 00:16:30.000
<v Speaker 1>is a force for peace in the Middle East and

303
00:16:30.039 --> 00:16:35.000
<v Speaker 1>by extension, in the world, you're just not You're you're

304
00:16:35.039 --> 00:16:38.080
<v Speaker 1>not paying attention, You're not worth It's kind of like

305
00:16:38.200 --> 00:16:40.639
<v Speaker 1>what I know, we'll get to it, but I'll bring

306
00:16:40.679 --> 00:16:43.799
<v Speaker 1>it up and do my manaculpos. It's kind of like

307
00:16:44.519 --> 00:16:47.519
<v Speaker 1>Amy saying to Kaitanji, you're not We're not even going

308
00:16:47.559 --> 00:16:49.639
<v Speaker 1>to address your stupid ass opinion.

309
00:16:51.120 --> 00:16:53.720
<v Speaker 3>Well, look, I think, first of all, John, I think

310
00:16:53.759 --> 00:16:56.360
<v Speaker 3>it's not true that maga world is upset with this.

311
00:16:56.480 --> 00:16:59.440
<v Speaker 3>There are certain voices that are like Tucker Carlson, who,

312
00:16:59.480 --> 00:17:01.480
<v Speaker 3>if you pay it tension, Trump has kind of kicked

313
00:17:01.519 --> 00:17:05.359
<v Speaker 3>to the curb right pretty directly. I take one example.

314
00:17:05.440 --> 00:17:09.759
<v Speaker 3>A good representative example is my pal Dan McCarthy, who

315
00:17:10.079 --> 00:17:12.119
<v Speaker 3>is no anti Semite. By the way, but he's a

316
00:17:12.319 --> 00:17:15.240
<v Speaker 3>very strong anti interventionist, and he was saying, no, Trump

317
00:17:15.240 --> 00:17:17.920
<v Speaker 3>shouldn't do anything to help israel Is, Well, can do

318
00:17:17.960 --> 00:17:19.680
<v Speaker 3>it by themselves. We should stay out of it. He

319
00:17:19.680 --> 00:17:22.519
<v Speaker 3>shouldn't drop a single bomb. Well, he's turned on a dime.

320
00:17:23.000 --> 00:17:26.119
<v Speaker 3>And that's because he recognizes that. As Walter Russell meet

321
00:17:26.160 --> 00:17:27.960
<v Speaker 3>puts it in the Wall Street Journal over the weekend,

322
00:17:28.480 --> 00:17:33.119
<v Speaker 3>this is Jacksonian foreign policy. This is Jacksonian move by Trump.

323
00:17:33.799 --> 00:17:36.200
<v Speaker 3>And Dan said, yep, that's right. And so I think

324
00:17:36.200 --> 00:17:39.799
<v Speaker 3>you're seeing a lot of the thoughtful skeptics of American

325
00:17:39.839 --> 00:17:42.000
<v Speaker 3>involvement have come around, and the polls show this. I mean,

326
00:17:42.000 --> 00:17:44.119
<v Speaker 3>there have been polls of sort of maga Republicans and

327
00:17:44.160 --> 00:17:46.319
<v Speaker 3>it's like eighty percent support for what he did. So

328
00:17:46.640 --> 00:17:49.839
<v Speaker 3>it's a minority fringe, some with I think bad motives,

329
00:17:49.960 --> 00:17:52.319
<v Speaker 3>some the sort of libertarians who don't want us to

330
00:17:52.319 --> 00:17:55.920
<v Speaker 3>even police our borders, right, but as a whole, I

331
00:17:55.960 --> 00:17:59.559
<v Speaker 3>think Oh. And the final point would be, even if

332
00:17:59.599 --> 00:18:02.640
<v Speaker 3>you thought that this was an opening to possible American

333
00:18:02.680 --> 00:18:05.400
<v Speaker 3>involvement in the Middle East, again, ask yourself this question.

334
00:18:05.920 --> 00:18:08.440
<v Speaker 3>Would Trump sign off on building a seven hundred million

335
00:18:08.480 --> 00:18:11.880
<v Speaker 3>dollar embassy complex like the Bush and Obama administrations did

336
00:18:11.880 --> 00:18:15.880
<v Speaker 3>for Afghanistan, or a billion dollar embassy complex for Baghdad

337
00:18:16.400 --> 00:18:18.839
<v Speaker 3>which the Bush and Obama administration signed off on. The

338
00:18:18.880 --> 00:18:21.400
<v Speaker 3>answer to that is obvious. That was never going to happen.

339
00:18:21.680 --> 00:18:24.640
<v Speaker 3>There was never going to be nation building or direct

340
00:18:24.680 --> 00:18:27.519
<v Speaker 3>regime change from Trump. And so I don't know why

341
00:18:27.519 --> 00:18:29.240
<v Speaker 3>people have got their nickers in a twist about it.

342
00:18:29.400 --> 00:18:32.440
<v Speaker 2>I just want to welcome you both to the neo conclict.

343
00:18:33.480 --> 00:18:40.440
<v Speaker 4>No, that's well, you remember in last week, in last

344
00:18:40.440 --> 00:18:43.480
<v Speaker 4>week's episode, we were unanimous saying, yeah, you know Trump

345
00:18:43.559 --> 00:18:46.079
<v Speaker 4>ought to do this, and you know you were blaming

346
00:18:46.160 --> 00:18:46.680
<v Speaker 4>victory then.

347
00:18:46.799 --> 00:18:50.559
<v Speaker 2>But neo conflict, our neo cons are. You're the ones

348
00:18:50.599 --> 00:18:53.599
<v Speaker 2>who are plauding and giving compass standing ovations.

349
00:18:53.720 --> 00:18:57.480
<v Speaker 1>So the quintessential neo con by the way, last week

350
00:18:57.960 --> 00:19:02.440
<v Speaker 1>on on X posted, I am I'm to the point

351
00:19:02.480 --> 00:19:09.599
<v Speaker 1>of that, I'm anti anti what's that idiot's name, b

352
00:19:10.359 --> 00:19:14.559
<v Speaker 1>Babon whatever, his stupid name is. William Crystal, the ultimate

353
00:19:14.599 --> 00:19:20.119
<v Speaker 1>Neil con is now not he's he's shattered.

354
00:19:21.319 --> 00:19:28.119
<v Speaker 3>I call him shattered Crystal a right, But well, you

355
00:19:28.119 --> 00:19:30.799
<v Speaker 3>know the commentary magazine crowd, which is usually pretty hard

356
00:19:30.799 --> 00:19:33.839
<v Speaker 3>on Trump, boy, are they really liking him now, which

357
00:19:33.839 --> 00:19:35.920
<v Speaker 3>I think is so. I mean, Crystal is hopeless. But

358
00:19:36.400 --> 00:19:38.599
<v Speaker 3>and speaking of hopeless, we can go on forever, but

359
00:19:38.640 --> 00:19:40.640
<v Speaker 3>I think we need to take our first break for

360
00:19:40.680 --> 00:19:42.440
<v Speaker 3>a sponsor, and then we'll come back and get to

361
00:19:42.480 --> 00:19:46.599
<v Speaker 3>our main subject, recapping the end of this very climactic

362
00:19:46.599 --> 00:19:48.599
<v Speaker 3>Supreme Court term. So don't go away, listeners will be

363
00:19:48.680 --> 00:19:55.880
<v Speaker 3>right back. Okay, we are back now to turn to

364
00:19:55.920 --> 00:19:58.519
<v Speaker 3>the main event of which we have the most expertise.

365
00:19:58.559 --> 00:20:02.559
<v Speaker 3>It's the end of the Supreme Court. Several cases released

366
00:20:03.119 --> 00:20:04.640
<v Speaker 3>in a batch here at the end of the week.

367
00:20:04.680 --> 00:20:07.920
<v Speaker 3>I think the biggest one was striking down the universal

368
00:20:07.920 --> 00:20:11.039
<v Speaker 3>injunctions for the most part. We'll talk about the caveats there,

369
00:20:11.319 --> 00:20:13.440
<v Speaker 3>but a couple other wins I think, and I don't know.

370
00:20:13.839 --> 00:20:18.200
<v Speaker 3>Let's start with you, John. I'm going to say for Lucretia,

371
00:20:18.680 --> 00:20:22.880
<v Speaker 3>recapping Barrett's SmackDown of Jackson, because that was fabulous. But

372
00:20:24.039 --> 00:20:26.160
<v Speaker 3>so what do you say about the decision and what

373
00:20:26.200 --> 00:20:29.279
<v Speaker 3>are the limitations or caveats we should take from a

374
00:20:29.720 --> 00:20:30.960
<v Speaker 3>more close reading of it.

375
00:20:32.680 --> 00:20:37.160
<v Speaker 2>The decision involves an issue, a legal issue which is

376
00:20:37.200 --> 00:20:40.599
<v Speaker 2>of average importance in the law, even and I doubt

377
00:20:40.599 --> 00:20:44.400
<v Speaker 2>we'll be discussed much within a year and may fade away.

378
00:20:44.759 --> 00:20:48.359
<v Speaker 2>It's just that has enormous political consequences because it is

379
00:20:48.400 --> 00:20:52.519
<v Speaker 2>that procedural issue that has allowed any one district judge

380
00:20:53.039 --> 00:20:55.440
<v Speaker 2>in a country that has I think about seven hundred

381
00:20:55.519 --> 00:20:58.440
<v Speaker 2>active district judges and another one hundred or two senior

382
00:20:58.519 --> 00:21:02.519
<v Speaker 2>judges who also can hear case is from stopping the

383
00:21:02.680 --> 00:21:07.880
<v Speaker 2>elected president's legal agenda throughout the country for quite some

384
00:21:08.039 --> 00:21:11.640
<v Speaker 2>time if he wants. The legal issue is It's interesting.

385
00:21:11.680 --> 00:21:14.400
<v Speaker 2>I wrote Argle about this law thirty years ago. I

386
00:21:14.440 --> 00:21:16.440
<v Speaker 2>find it really interesting, but I don't think it's that

387
00:21:16.480 --> 00:21:19.440
<v Speaker 2>important in the grand scheme of things, certainly not as

388
00:21:19.440 --> 00:21:23.640
<v Speaker 2>important as birthright citizenship. And that's the question. Does a

389
00:21:23.759 --> 00:21:27.960
<v Speaker 2>court excuse me, have the power under Article three of

390
00:21:28.000 --> 00:21:33.440
<v Speaker 2>the Constitution, or is authorized by statute to give relief

391
00:21:33.559 --> 00:21:37.720
<v Speaker 2>to issue decisions that go beyond the parties before the court?

392
00:21:38.680 --> 00:21:41.279
<v Speaker 2>And Justice Barrett shows and this is what we were

393
00:21:41.279 --> 00:21:44.799
<v Speaker 2>talking about before. Courts just didn't understand that to be

394
00:21:44.839 --> 00:21:47.079
<v Speaker 2>their power. At the time of the founding thin It's

395
00:21:47.079 --> 00:21:49.880
<v Speaker 2>pretty easy. There were no such things as nationwide in junctions.

396
00:21:50.440 --> 00:21:52.400
<v Speaker 2>The power of the courts then, as you decide the

397
00:21:52.440 --> 00:21:54.960
<v Speaker 2>case they're controversy. That's the phrasing the Article three of

398
00:21:55.000 --> 00:21:58.640
<v Speaker 2>the Constitution, and that means pointiff wins, defendant loses, or

399
00:21:58.680 --> 00:22:01.480
<v Speaker 2>vice versa. And then you give relief to those parties.

400
00:22:01.920 --> 00:22:04.759
<v Speaker 2>You don't then say, and therefore, not only do I

401
00:22:04.880 --> 00:22:07.319
<v Speaker 2>order the state department to give this person a passport,

402
00:22:07.720 --> 00:22:10.440
<v Speaker 2>I order every the state department to give everyone in

403
00:22:10.480 --> 00:22:14.359
<v Speaker 2>the country who's not before me who's qualifies for a passport.

404
00:22:14.599 --> 00:22:20.400
<v Speaker 2>That was the abuse of powerful, very simple, straightforward. Yeah,

405
00:22:20.440 --> 00:22:22.720
<v Speaker 2>that's I mean. The legal issue was really boring and

406
00:22:22.759 --> 00:22:25.839
<v Speaker 2>simple and obvious. It's obvious it was going to come

407
00:22:25.839 --> 00:22:28.400
<v Speaker 2>out to it. The political issue, of course is and

408
00:22:28.519 --> 00:22:31.400
<v Speaker 2>this we'll get to, what's you know, the political you

409
00:22:31.440 --> 00:22:34.839
<v Speaker 2>know issue is how do you reconcile a limited judiciary

410
00:22:34.880 --> 00:22:37.680
<v Speaker 2>with an elected president. I think they didn't cite him,

411
00:22:37.680 --> 00:22:40.079
<v Speaker 2>as far as I know, I looked at the major opinion.

412
00:22:40.240 --> 00:22:43.519
<v Speaker 2>I didn't see them cited. But this is really also

413
00:22:44.640 --> 00:22:47.799
<v Speaker 2>I think, a nod to Lincoln's theory of how you

414
00:22:47.880 --> 00:22:48.960
<v Speaker 2>deal with the Supreme Court.

415
00:22:49.079 --> 00:22:49.200
<v Speaker 3>Right.

416
00:22:49.240 --> 00:22:53.440
<v Speaker 2>They adopted essentially the dread Scott. Lincoln's approach to dred Scott.

417
00:22:53.799 --> 00:22:57.400
<v Speaker 2>Remember that he said, I will hand the slave back

418
00:22:57.440 --> 00:22:59.640
<v Speaker 2>in dred Scott back to the owner when the Supreme

419
00:22:59.640 --> 00:23:02.440
<v Speaker 2>Court say, you hand dred Scott back. But I'm not

420
00:23:02.480 --> 00:23:04.559
<v Speaker 2>going to then go ahead and find all the other

421
00:23:04.599 --> 00:23:06.720
<v Speaker 2>people like dred Scott and hand them back to their

422
00:23:06.720 --> 00:23:10.000
<v Speaker 2>owners unless the courts ordered me, one by one, case

423
00:23:10.039 --> 00:23:11.440
<v Speaker 2>by case to do it.

424
00:23:11.440 --> 00:23:13.880
<v Speaker 3>Well, I had saved that question for Lucretia. But glad

425
00:23:13.880 --> 00:23:16.359
<v Speaker 3>to see you come around to our point of view, John, because.

426
00:23:16.359 --> 00:23:20.359
<v Speaker 2>Well, in your point of view, in my point of view, well.

427
00:23:20.400 --> 00:23:22.359
<v Speaker 3>I found an old article of yours from like ten

428
00:23:22.400 --> 00:23:24.680
<v Speaker 3>to fifteen years ago where I thought you completely botched

429
00:23:24.680 --> 00:23:27.039
<v Speaker 3>the question. But I'll find it a minute, Lucretia. I mean,

430
00:23:27.079 --> 00:23:28.440
<v Speaker 3>what do you want to add to what John said?

431
00:23:28.640 --> 00:23:32.000
<v Speaker 1>I would just argue that I do agree with that,

432
00:23:32.240 --> 00:23:36.680
<v Speaker 1>but I agree with your take about it being Lincoln's

433
00:23:36.720 --> 00:23:39.680
<v Speaker 1>approach to the dread Scott issue, because dread Scott got

434
00:23:39.680 --> 00:23:43.279
<v Speaker 1>it so wrong, and this is actually a restatement of

435
00:23:43.319 --> 00:23:47.960
<v Speaker 1>what we understood Marshall to do. My piece in Civitas

436
00:23:48.000 --> 00:23:51.480
<v Speaker 1>reminded everybody who's, oh, Marshall said that, you know, the

437
00:23:51.480 --> 00:23:54.519
<v Speaker 1>court gets to say everything. No, Marshall did not. He

438
00:23:54.599 --> 00:23:57.279
<v Speaker 1>did say that it is the province and duty of

439
00:23:57.359 --> 00:23:59.799
<v Speaker 1>the judicial department to say what the law is, but

440
00:23:59.839 --> 00:24:04.920
<v Speaker 1>the practice of judicial review in the case of Marbury

441
00:24:05.000 --> 00:24:09.039
<v Speaker 1>versus Madison, where Marshall overturned a law, portion of a

442
00:24:09.119 --> 00:24:13.839
<v Speaker 1>law passed by Congress dealt only with the court's own powers.

443
00:24:14.400 --> 00:24:19.039
<v Speaker 1>And I think that that's a really critical point. It's

444
00:24:19.079 --> 00:24:22.319
<v Speaker 1>not anti Lincoln, but Lincoln just said the country should

445
00:24:22.359 --> 00:24:29.240
<v Speaker 1>not necessarily accept this notion that all slaves an you

446
00:24:29.279 --> 00:24:31.039
<v Speaker 1>know everything about dread Scott. I won't go into it.

447
00:24:31.079 --> 00:24:34.640
<v Speaker 1>But also Lincoln wasn't president at the time, and so

448
00:24:34.720 --> 00:24:38.559
<v Speaker 1>Lincoln wasn't not necessarily concentrated on the argument, which I

449
00:24:38.599 --> 00:24:41.920
<v Speaker 1>totally agree with him on this that the people should

450
00:24:41.920 --> 00:24:46.000
<v Speaker 1>not accept as a binding precedent for the whole country

451
00:24:46.359 --> 00:24:49.640
<v Speaker 1>a decision by that imminent tribunal, because then they've they've

452
00:24:49.759 --> 00:24:55.480
<v Speaker 1>handed over their republic. What's important about Amy's decision here

453
00:24:55.640 --> 00:24:59.240
<v Speaker 1>is that this is about who gets to decide their

454
00:24:59.279 --> 00:25:03.920
<v Speaker 1>own powers, right, And she made that very you know,

455
00:25:04.039 --> 00:25:10.359
<v Speaker 1>scathing comment to Katji, you're worried about an imperial executive,

456
00:25:11.079 --> 00:25:14.759
<v Speaker 1>what about an imperial judiciary? This is not the judiciary's role.

457
00:25:15.319 --> 00:25:17.680
<v Speaker 1>And if you're worried, that was the only thing I

458
00:25:17.680 --> 00:25:19.400
<v Speaker 1>didn't really like about it. There was a hint at

459
00:25:19.440 --> 00:25:22.079
<v Speaker 1>the idea that maybe the courts would need to step

460
00:25:22.119 --> 00:25:25.559
<v Speaker 1>in and do something about a president. I don't even

461
00:25:25.599 --> 00:25:27.640
<v Speaker 1>think the Supreme Court should have the power to do that,

462
00:25:27.680 --> 00:25:29.599
<v Speaker 1>but we don't have to get into that now. Anyway.

463
00:25:29.640 --> 00:25:34.000
<v Speaker 1>My point is is that Marshall's opinion in Marbury was

464
00:25:34.079 --> 00:25:37.119
<v Speaker 1>so misused in dred Scott. They didn't listen to Lincoln.

465
00:25:37.160 --> 00:25:39.519
<v Speaker 1>You've made that point many times, and very well, John,

466
00:25:40.119 --> 00:25:43.440
<v Speaker 1>they didn't listen to Lincoln. And it has been downhill

467
00:25:43.480 --> 00:25:48.319
<v Speaker 1>for the Supreme Court ever since. This is this, this

468
00:25:48.440 --> 00:25:51.599
<v Speaker 1>whole session of the Court might be the tiniest step

469
00:25:51.640 --> 00:25:54.119
<v Speaker 1>on trying to ratchet that back a little bit. And

470
00:25:54.200 --> 00:25:55.440
<v Speaker 1>of course, you know, it's the end of the world

471
00:25:55.440 --> 00:25:59.599
<v Speaker 1>as we know it if the Supreme Court can't, you know,

472
00:25:59.640 --> 00:26:05.240
<v Speaker 1>give transsexuals children the right. Anyway, I'm done, Steve, you

473
00:26:05.279 --> 00:26:05.759
<v Speaker 1>go ahead.

474
00:26:06.559 --> 00:26:08.960
<v Speaker 2>I let me just throw one other thing about the descent,

475
00:26:09.039 --> 00:26:12.680
<v Speaker 2>because the descent is really notable for being over the top, right,

476
00:26:12.720 --> 00:26:16.000
<v Speaker 2>because if the legal issue is sort of a modest one,

477
00:26:16.000 --> 00:26:19.079
<v Speaker 2>as we described this is this is not justified saying

478
00:26:19.240 --> 00:26:22.960
<v Speaker 2>what Justice Jackson said, which is the rule of law

479
00:26:23.200 --> 00:26:27.160
<v Speaker 2>is ending this is a you know, dictatorial powers in

480
00:26:27.200 --> 00:26:29.480
<v Speaker 2>the hands of a president and so on and so forth.

481
00:26:30.640 --> 00:26:33.759
<v Speaker 2>As I think Justice Barrett rightly said, oh gosh, the

482
00:26:33.799 --> 00:26:36.799
<v Speaker 2>republic seemed to function pretty well into the first nationwide

483
00:26:36.839 --> 00:26:40.079
<v Speaker 2>injunctions really started to get going in you know, the

484
00:26:40.119 --> 00:26:42.720
<v Speaker 2>two thousands. In fact, you might say the country was

485
00:26:42.759 --> 00:26:46.519
<v Speaker 2>better off before there were nationwide injunctions than after. And

486
00:26:46.559 --> 00:26:49.240
<v Speaker 2>so I think she was fully deserving of the SmackDown.

487
00:26:49.279 --> 00:26:51.880
<v Speaker 2>But let me give some you know, there is some

488
00:26:51.920 --> 00:26:54.319
<v Speaker 2>support for the descent, but I think it's easily handled.

489
00:26:54.440 --> 00:26:57.680
<v Speaker 2>The descents. Real worries should just be that you're going

490
00:26:57.799 --> 00:27:02.839
<v Speaker 2>to have right passports given out in Massachusetts to illegally

491
00:27:02.920 --> 00:27:06.079
<v Speaker 2>children of illegal aliens, but in Texas perhaps you won't.

492
00:27:06.559 --> 00:27:09.119
<v Speaker 2>And so you have federal law being a ministered very

493
00:27:09.119 --> 00:27:12.240
<v Speaker 2>differently all across the country. That is, you know, that

494
00:27:12.359 --> 00:27:16.000
<v Speaker 2>is undesirable. And so what's going to have to happen is.

495
00:27:16.000 --> 00:27:18.640
<v Speaker 1>That this I just had just a question about that

496
00:27:18.640 --> 00:27:21.839
<v Speaker 1>before you go, and I didn't mean but you could

497
00:27:21.920 --> 00:27:28.599
<v Speaker 1>have that, but I mean technically the even in the

498
00:27:28.640 --> 00:27:31.759
<v Speaker 1>state where it was three states that brought this this

499
00:27:31.880 --> 00:27:38.359
<v Speaker 1>suit right challenging the executive order about birthright citizenship for

500
00:27:38.400 --> 00:27:43.400
<v Speaker 1>things like passports. Three states, So that doesn't even the

501
00:27:43.440 --> 00:27:48.039
<v Speaker 1>district court opinion should be limited, not should be limited

502
00:27:48.160 --> 00:27:50.599
<v Speaker 1>just to those parties who were then before the court. Right,

503
00:27:50.640 --> 00:27:55.319
<v Speaker 1>it doesn't make in that district a permanent injunction against

504
00:27:55.359 --> 00:27:59.359
<v Speaker 1>the president's executive order? Am I making sense? Just what

505
00:27:59.440 --> 00:27:59.839
<v Speaker 1>I'm asking?

506
00:28:00.200 --> 00:28:03.759
<v Speaker 2>But yeah, so the but you can tell in that

507
00:28:03.839 --> 00:28:07.519
<v Speaker 2>district every judge will then start issuing the passports because

508
00:28:07.559 --> 00:28:10.519
<v Speaker 2>that's the rule in that district. Actually, there's an interesting

509
00:28:10.599 --> 00:28:12.799
<v Speaker 2>question about whether states should even be allowed to sue

510
00:28:12.799 --> 00:28:15.640
<v Speaker 2>the way you've been doing and claiming we're representing everyone

511
00:28:15.680 --> 00:28:20.000
<v Speaker 2>in Massachusetts. I'm not sure that's permissible too. But the

512
00:28:21.079 --> 00:28:23.000
<v Speaker 2>thing is that you're going to have different rules throughout

513
00:28:23.000 --> 00:28:25.079
<v Speaker 2>the country and something is important as who's a member

514
00:28:25.079 --> 00:28:27.720
<v Speaker 2>of the we the people and who are not. But

515
00:28:27.799 --> 00:28:31.559
<v Speaker 2>that happens all the time. That's the thing where the again,

516
00:28:31.640 --> 00:28:34.599
<v Speaker 2>the descent is over the top. We always have cases

517
00:28:34.640 --> 00:28:37.400
<v Speaker 2>where federal law is interpreted differently. That's why we have

518
00:28:37.559 --> 00:28:40.400
<v Speaker 2>appeals courts, and that's why we have a Supreme Court.

519
00:28:40.559 --> 00:28:42.519
<v Speaker 2>So what it really means is that and this will

520
00:28:42.559 --> 00:28:46.839
<v Speaker 2>be interesting because what people said, yes and this decision

521
00:28:46.920 --> 00:28:49.160
<v Speaker 2>expands the power of the presidency, or I would just

522
00:28:49.200 --> 00:28:51.839
<v Speaker 2>say restores it. But what it also does, what people

523
00:28:51.839 --> 00:28:54.680
<v Speaker 2>have not noticed, is that it dramatically expands the power

524
00:28:54.720 --> 00:28:57.200
<v Speaker 2>of the Supreme Court over the rest of the judiciary,

525
00:28:57.559 --> 00:28:59.839
<v Speaker 2>because now the Supreme Court is going to grab cases

526
00:29:00.039 --> 00:29:03.000
<v Speaker 2>earlier and earlier out of the hands right of Chriald

527
00:29:03.039 --> 00:29:05.960
<v Speaker 2>judges and Peel can accelerate them to the Supreme Court,

528
00:29:06.000 --> 00:29:09.160
<v Speaker 2>so they can decide something like birthright systemship And that's

529
00:29:09.160 --> 00:29:12.440
<v Speaker 2>a good thing. Well, they have to, because you don't

530
00:29:12.480 --> 00:29:16.160
<v Speaker 2>want passports given out to a versus b throughout the country.

531
00:29:16.400 --> 00:29:19.799
<v Speaker 2>That's the only thing you can do. Now, I think

532
00:29:19.799 --> 00:29:22.160
<v Speaker 2>that's I think that's a better thing than having, you know,

533
00:29:22.640 --> 00:29:26.119
<v Speaker 2>six district judges decide the issue differently all around the country.

534
00:29:26.559 --> 00:29:27.599
<v Speaker 2>I think that's a poltry.

535
00:29:28.359 --> 00:29:31.559
<v Speaker 3>Yeah, yeah, I mean you mentioned John of some question

536
00:29:31.599 --> 00:29:34.519
<v Speaker 3>about whether states can bring these kinds of lawsuits. I'm

537
00:29:34.519 --> 00:29:37.960
<v Speaker 3>having flashbacks to Chisholm versus Georgia. I mean, you know,

538
00:29:38.079 --> 00:29:40.759
<v Speaker 3>long ago case nobody right. So it's kind of reverse

539
00:29:40.799 --> 00:29:44.640
<v Speaker 3>of all that. But look, there was also an addition

540
00:29:44.720 --> 00:29:46.640
<v Speaker 3>to the question of can states bring these actions on

541
00:29:46.720 --> 00:29:50.480
<v Speaker 3>behalf of all of its citizens. There was also it

542
00:29:50.559 --> 00:29:53.559
<v Speaker 3>Section twenty three or rule twenty three. Essentially there's still

543
00:29:53.680 --> 00:29:57.200
<v Speaker 3>maybe the doors open a crack for certifying class actions

544
00:29:57.200 --> 00:30:00.720
<v Speaker 3>in some of these And so you know, well, now

545
00:30:00.799 --> 00:30:03.640
<v Speaker 3>these district judges are gonna First of all, lefty lawyers

546
00:30:03.640 --> 00:30:06.079
<v Speaker 3>will go to district judges and say this is a

547
00:30:06.079 --> 00:30:11.039
<v Speaker 3>class action case, and lefty judges will say, yeah, I listen.

548
00:30:11.680 --> 00:30:15.200
<v Speaker 2>I listened to your discussion of this with Charlie Cook

549
00:30:15.279 --> 00:30:20.000
<v Speaker 2>on Ricochet this morning. And this is why you should

550
00:30:20.000 --> 00:30:23.240
<v Speaker 2>never let people practice law without a license. Because neither

551
00:30:23.240 --> 00:30:25.279
<v Speaker 2>of you guys knew what the all you were talking about.

552
00:30:25.680 --> 00:30:27.160
<v Speaker 3>Well, that's why we're popping.

553
00:30:27.279 --> 00:30:29.240
<v Speaker 2>At least no, no, no, but at least the good

554
00:30:29.240 --> 00:30:31.599
<v Speaker 2>thing was you both prefaced it. But with I have

555
00:30:31.640 --> 00:30:33.559
<v Speaker 2>no idea what I'm talking about. But let me now

556
00:30:33.559 --> 00:30:36.480
<v Speaker 2>explain real twenty three of the Federal Rules of Civil Procedure.

557
00:30:36.519 --> 00:30:40.039
<v Speaker 2>What the hell are you guys doing? Well, so that

558
00:30:40.359 --> 00:30:43.599
<v Speaker 2>that is true, Justice Alito writes a concurrence saying real.

559
00:30:44.039 --> 00:30:47.000
<v Speaker 2>So when charlieps saying real twenty three, that's the rule

560
00:30:47.039 --> 00:30:50.599
<v Speaker 2>that creates the class action or recognizes it. Class actions

561
00:30:50.599 --> 00:30:53.279
<v Speaker 2>are very hard to get. But the other thing that

562
00:30:54.079 --> 00:30:57.920
<v Speaker 2>it's slow. It's really slow, so that yes, you could,

563
00:30:58.200 --> 00:31:00.720
<v Speaker 2>you could still get class actions. A lot of these

564
00:31:00.799 --> 00:31:03.160
<v Speaker 2>might not be you know, these kind of issues are

565
00:31:03.160 --> 00:31:06.240
<v Speaker 2>not preferable for or suited for class actions. But it

566
00:31:06.359 --> 00:31:08.240
<v Speaker 2>takes a lot of time to get a class action.

567
00:31:08.680 --> 00:31:11.519
<v Speaker 2>So if you're an opponent at Trump, yeah you could

568
00:31:11.519 --> 00:31:14.480
<v Speaker 2>go down the class action route, but it's still better.

569
00:31:14.519 --> 00:31:17.279
<v Speaker 2>You'll still do You'll get the issue faster to the court,

570
00:31:17.319 --> 00:31:20.319
<v Speaker 2>which is what you should want by just filing individual

571
00:31:20.400 --> 00:31:22.599
<v Speaker 2>separate actions and trying to get them to conflict.

572
00:31:26.920 --> 00:31:28.960
<v Speaker 3>All right, John, I said earlier that you came around

573
00:31:29.000 --> 00:31:30.920
<v Speaker 3>to our point of view about Lincoln. Here's why I'm

574
00:31:30.920 --> 00:31:33.519
<v Speaker 3>saying that. I found your article from the Vermont Law

575
00:31:33.559 --> 00:31:36.279
<v Speaker 3>Review from I don't know fifteen years ago, called Lincoln.

576
00:31:36.000 --> 00:31:38.160
<v Speaker 2>At Lincoln at War is a great piece.

577
00:31:39.519 --> 00:31:43.039
<v Speaker 3>Well, except in your first paragraph. You say this in

578
00:31:43.079 --> 00:31:45.200
<v Speaker 3>the text, and then I want to refer to the footnote.

579
00:31:45.400 --> 00:31:48.880
<v Speaker 3>On November nineteen, eighteen sixty three, Lincoln gave the Gettysburg

580
00:31:48.880 --> 00:31:54.559
<v Speaker 3>Address and turned the Constitution's mission toward popular sovereignty. Footnote

581
00:31:54.920 --> 00:31:59.920
<v Speaker 3>Abraham Lincoln Address. On this point, see Harry v. JAFFA

582
00:32:00.119 --> 00:32:02.279
<v Speaker 3>New Birth of Freedom Abraham Lincoln the coming of the

583
00:32:02.279 --> 00:32:04.400
<v Speaker 3>Civil War. I think that's a been haigges.

584
00:32:04.480 --> 00:32:07.200
<v Speaker 2>Aren't you happy? Aren't you be happy and rolling like

585
00:32:07.240 --> 00:32:08.559
<v Speaker 2>a pagan mud over that?

586
00:32:09.200 --> 00:32:11.039
<v Speaker 3>No? No, no, because you.

587
00:32:11.039 --> 00:32:13.119
<v Speaker 2>Have just what I think you were doing in Norway

588
00:32:13.119 --> 00:32:15.359
<v Speaker 2>and Scandinavia the last four weeks, because that's the only

589
00:32:15.400 --> 00:32:16.440
<v Speaker 2>way they have fun up there.

590
00:32:16.759 --> 00:32:20.599
<v Speaker 3>You had it exactly backwards there. John Lincoln was dedicated

591
00:32:20.640 --> 00:32:24.160
<v Speaker 3>to criticizing and pointing out the limits of popular sovereignty.

592
00:32:24.319 --> 00:32:26.880
<v Speaker 3>You just came on unwittingly. I think the Douglas point.

593
00:32:27.000 --> 00:32:28.640
<v Speaker 3>Am I being too harsh? Lucretia on that?

594
00:32:29.240 --> 00:32:30.440
<v Speaker 1>I haven't read his piece.

595
00:32:30.599 --> 00:32:33.480
<v Speaker 2>I'm talking about popular sovereignty in the way we talk

596
00:32:33.519 --> 00:32:35.839
<v Speaker 2>about it in constitutional in the real way, which is

597
00:32:35.839 --> 00:32:38.640
<v Speaker 2>really just democracy. It's not popular sovereignty. I'm not talking

598
00:32:38.640 --> 00:32:42.599
<v Speaker 2>abound the way Douglas talked about it. Yeah, the peace. Yeah,

599
00:32:42.640 --> 00:32:44.960
<v Speaker 2>we don't talk about it something else.

600
00:32:45.359 --> 00:32:48.559
<v Speaker 1>It's actually something really important. I'll break in and say that,

601
00:32:48.599 --> 00:32:50.759
<v Speaker 1>because I do think it's important. The whole concept of

602
00:32:50.799 --> 00:32:54.400
<v Speaker 1>popular sovereignties is exactly what this country's built upon. It

603
00:32:54.480 --> 00:32:58.720
<v Speaker 1>was a sleight of hand of Douglas to call what

604
00:32:58.799 --> 00:33:01.720
<v Speaker 1>he said was, you know, leaving the question of voting

605
00:33:01.759 --> 00:33:04.799
<v Speaker 1>slavery up or down to the territories themselves, and calling

606
00:33:04.839 --> 00:33:07.599
<v Speaker 1>that this is the essence of popular sovereignty. I mean,

607
00:33:07.640 --> 00:33:09.839
<v Speaker 1>it was a subtle argument Lincoln had to bring to

608
00:33:09.920 --> 00:33:14.039
<v Speaker 1>bear in order to prove that Douglas was wrong about that.

609
00:33:14.079 --> 00:33:15.920
<v Speaker 1>You see that kind of thing. This is why I

610
00:33:16.000 --> 00:33:19.000
<v Speaker 1>went off on the tangent, Steve. The interesting thing is

611
00:33:19.039 --> 00:33:21.920
<v Speaker 1>you see that all the time these days you heard

612
00:33:22.039 --> 00:33:26.160
<v Speaker 1>you said it yourself, John, that Kittinji talked about how

613
00:33:26.160 --> 00:33:28.039
<v Speaker 1>this was the end of the rule of law. Schumer

614
00:33:28.119 --> 00:33:29.759
<v Speaker 1>talked about how this was the end of the rule

615
00:33:29.799 --> 00:33:34.519
<v Speaker 1>of law. Those important concepts that form the very basis

616
00:33:34.519 --> 00:33:39.480
<v Speaker 1>of our foundational the foundations of our constitutional republic are

617
00:33:39.640 --> 00:33:44.480
<v Speaker 1>misused by people who don't understand them, and the demagogues

618
00:33:44.519 --> 00:33:47.160
<v Speaker 1>in our society all of the time. And Douglas was

619
00:33:47.200 --> 00:33:52.160
<v Speaker 1>one of the first to misuse the our democracy trademark.

620
00:33:52.279 --> 00:33:55.680
<v Speaker 1>You know. So it's just and you know, we could

621
00:33:55.720 --> 00:33:58.400
<v Speaker 1>go into for days talk about the reasons that they

622
00:33:58.440 --> 00:34:01.200
<v Speaker 1>get away with that kind of nonsense. But my point

623
00:34:01.279 --> 00:34:04.279
<v Speaker 1>is is that if Steve is correct, John, I will

624
00:34:04.319 --> 00:34:08.440
<v Speaker 1>tell you that because that term figures so prominently in

625
00:34:09.000 --> 00:34:14.639
<v Speaker 1>the whole Antebellum period and Lincoln's fight against the extension

626
00:34:14.639 --> 00:34:17.079
<v Speaker 1>of slavery. You probably needed to be more specific, but

627
00:34:17.199 --> 00:34:18.960
<v Speaker 1>since I have not read the article, I won't even

628
00:34:19.000 --> 00:34:19.719
<v Speaker 1>accuse you of that.

629
00:34:20.559 --> 00:34:23.039
<v Speaker 2>So there, daddy, there.

630
00:34:24.519 --> 00:34:26.679
<v Speaker 3>All right, let's take another quick break.

631
00:34:26.719 --> 00:34:28.920
<v Speaker 2>Daddy, go back on your daddy, go back on your

632
00:34:28.960 --> 00:34:30.840
<v Speaker 2>business trip. We don't need you here at home.

633
00:34:31.599 --> 00:34:35.000
<v Speaker 3>Well, no, I won't do a travel off, although I'm

634
00:34:35.039 --> 00:34:37.639
<v Speaker 3>sorely tempted. Let's take another quick break for a sponsor,

635
00:34:37.719 --> 00:34:39.920
<v Speaker 3>and then quickly touch on a couple of the other

636
00:34:40.000 --> 00:34:42.760
<v Speaker 3>cases decided that I think were important to getting skipped over.

637
00:34:43.199 --> 00:34:49.360
<v Speaker 3>So we'll be right back. Everybody. All right, we're back

638
00:34:49.800 --> 00:34:51.880
<v Speaker 3>with I think I need to mention some of the

639
00:34:51.920 --> 00:34:55.360
<v Speaker 3>other cases quickly. But there were four or five other

640
00:34:55.360 --> 00:34:59.679
<v Speaker 3>important cases this week. One Supreme Court upheld the Texas law,

641
00:35:00.280 --> 00:35:04.280
<v Speaker 3>saying that they can require the Internet service providers to

642
00:35:04.519 --> 00:35:09.719
<v Speaker 3>verify people's addressed access porn, and of course everybody's going crazy.

643
00:35:09.800 --> 00:35:11.920
<v Speaker 3>This is a violation's First Amendment. I don't think so.

644
00:35:12.519 --> 00:35:18.440
<v Speaker 3>A separate ruling saying indeed states can restrict medicare access.

645
00:35:19.679 --> 00:35:22.599
<v Speaker 3>The other one was out of Maryland, the parental rights

646
00:35:22.599 --> 00:35:25.000
<v Speaker 3>case saying parents absolutely have the right to withdraw their

647
00:35:25.079 --> 00:35:27.280
<v Speaker 3>kids from the public schools when you're gonna have the

648
00:35:27.400 --> 00:35:31.239
<v Speaker 3>LGBTQ curriculum, and that's upsetting everybody on the left. I

649
00:35:31.280 --> 00:35:34.519
<v Speaker 3>think maybe the you guys can pick any one of

650
00:35:34.519 --> 00:35:36.239
<v Speaker 3>those if you want to say something. Well, before we

651
00:35:36.320 --> 00:35:38.199
<v Speaker 3>go on, well, one more case. I want to mention

652
00:35:38.320 --> 00:35:40.519
<v Speaker 3>it's I think the only possible loss. But I haven't

653
00:35:40.559 --> 00:35:44.039
<v Speaker 3>read the case yet. Was the case John that it

654
00:35:44.039 --> 00:35:48.760
<v Speaker 3>was a non delegation consumers research, consumer's research. I can

655
00:35:48.840 --> 00:35:49.400
<v Speaker 3>talk about that.

656
00:35:49.400 --> 00:35:52.239
<v Speaker 2>They are actually two important administrative law cases. I could

657
00:35:52.239 --> 00:35:54.239
<v Speaker 2>talk about that. Okay, we'll do that, but not as

658
00:35:54.239 --> 00:35:55.719
<v Speaker 2>important remotely as the other ones.

659
00:35:55.840 --> 00:35:58.880
<v Speaker 3>Yeah right, Okay, Lucretia, you wanted to pick up something

660
00:35:58.880 --> 00:35:59.880
<v Speaker 3>from one of those other three.

661
00:35:59.840 --> 00:36:02.239
<v Speaker 1>K Well, let me just say first of all that

662
00:36:02.719 --> 00:36:06.320
<v Speaker 1>both the parents rights case call it and the porn

663
00:36:06.400 --> 00:36:12.559
<v Speaker 1>case it actually I find it. I find it almost

664
00:36:12.599 --> 00:36:16.320
<v Speaker 1>appalling that issues like that actually had to go to

665
00:36:16.360 --> 00:36:19.880
<v Speaker 1>the Supreme Court. I mean, really, have we gone so

666
00:36:20.079 --> 00:36:23.559
<v Speaker 1>far that we can't say that parents in public schools

667
00:36:24.639 --> 00:36:27.320
<v Speaker 1>cannot say I don't want my kids to be taught that.

668
00:36:28.719 --> 00:36:31.320
<v Speaker 1>And it's almost as if when you read it was

669
00:36:31.360 --> 00:36:35.679
<v Speaker 1>Sodomayor who wrote one of the dissenses I recall. I

670
00:36:35.760 --> 00:36:40.239
<v Speaker 1>think it's almost as if they are incapable of any

671
00:36:40.400 --> 00:36:46.519
<v Speaker 1>kind of discernment when it comes to every argument they

672
00:36:46.559 --> 00:36:48.800
<v Speaker 1>make is a thin end of the wedge argument. I

673
00:36:48.800 --> 00:36:53.599
<v Speaker 1>guess you could say, and that children should be protected

674
00:36:53.719 --> 00:36:59.239
<v Speaker 1>from seeing, you know, from books that celebrate transsexualism and

675
00:36:59.280 --> 00:37:04.119
<v Speaker 1>so on, is so common sense. And but but you know,

676
00:37:04.199 --> 00:37:08.360
<v Speaker 1>Kagan my or Kitty Aingie will immediately turn this into

677
00:37:09.039 --> 00:37:12.760
<v Speaker 1>mass censorship. Yeah, and I know that John schooled us

678
00:37:12.760 --> 00:37:16.159
<v Speaker 1>a couple of weeks ago about that's how lawyers think,

679
00:37:16.199 --> 00:37:18.199
<v Speaker 1>what are the limits to these things? And maybe that's

680
00:37:18.239 --> 00:37:21.320
<v Speaker 1>what's wrong with having every single one of these questions

681
00:37:21.679 --> 00:37:24.920
<v Speaker 1>go to the judiciary. If that makes sense, it.

682
00:37:24.920 --> 00:37:27.400
<v Speaker 3>Might well, well yeah, I mean I think I think

683
00:37:27.400 --> 00:37:29.079
<v Speaker 3>of this not so much in legal terms, but in

684
00:37:29.199 --> 00:37:30.480
<v Speaker 3>cultural political ones.

685
00:37:32.079 --> 00:37:32.440
<v Speaker 2>It is.

686
00:37:34.800 --> 00:37:36.199
<v Speaker 3>That's all right, Well, I was just going to say that,

687
00:37:36.239 --> 00:37:38.159
<v Speaker 3>look that what's behind us is the impulse of the

688
00:37:38.199 --> 00:37:40.400
<v Speaker 3>left that the children do not belong to families, they

689
00:37:40.440 --> 00:37:42.039
<v Speaker 3>belong to the collective.

690
00:37:42.119 --> 00:37:42.280
<v Speaker 2>Right.

691
00:37:42.480 --> 00:37:45.559
<v Speaker 3>It takes a village. I mean, that's the soft version

692
00:37:45.639 --> 00:37:48.000
<v Speaker 3>from Hillary, but the hard version of people saying no, No,

693
00:37:48.159 --> 00:37:50.679
<v Speaker 3>the kids have to be instructed in these things because

694
00:37:50.920 --> 00:37:53.320
<v Speaker 3>you can't trust the parents to do it. So it's

695
00:37:53.519 --> 00:37:56.519
<v Speaker 3>it's much more sort of deeper and serious and more

696
00:37:56.519 --> 00:37:58.559
<v Speaker 3>problematic than just the legal treatment of it.

697
00:37:58.599 --> 00:38:01.880
<v Speaker 2>But John, so, guys, one so two points. One that

698
00:38:02.239 --> 00:38:05.079
<v Speaker 2>you know, every time they are these ends of year,

699
00:38:05.639 --> 00:38:07.639
<v Speaker 2>end of term wrap up stories about what did the

700
00:38:07.719 --> 00:38:10.159
<v Speaker 2>term mean? I think people are missing it because they're

701
00:38:10.159 --> 00:38:13.280
<v Speaker 2>so focused on nation wid injunctions. The real story of

702
00:38:13.719 --> 00:38:20.719
<v Speaker 2>the term as families wine, Grimmti right, scrimtti parents. You know, kids,

703
00:38:21.559 --> 00:38:24.280
<v Speaker 2>kids can't decide for themselves that they want to change

704
00:38:24.320 --> 00:38:27.880
<v Speaker 2>their genders, and the state is allowed to protect kids

705
00:38:27.960 --> 00:38:32.400
<v Speaker 2>from online pornography. And then right the other case. So

706
00:38:32.840 --> 00:38:36.280
<v Speaker 2>about so you have these three pieces which are all

707
00:38:36.320 --> 00:38:38.639
<v Speaker 2>pro families. So that's the thing. But I think the

708
00:38:38.719 --> 00:38:41.239
<v Speaker 2>interesting constitutional issue, which I want to ask you guys

709
00:38:41.280 --> 00:38:45.280
<v Speaker 2>about what you think, is this is a classic case

710
00:38:45.880 --> 00:38:51.760
<v Speaker 2>of bringing in political theory from outside the constitution into

711
00:38:51.800 --> 00:38:54.280
<v Speaker 2>the constitution because there is no provision in the constitution

712
00:38:54.360 --> 00:38:57.960
<v Speaker 2>that says, right that you have to respect families. I

713
00:38:58.360 --> 00:39:00.960
<v Speaker 2>am glad that the courts do right. There are these

714
00:39:00.960 --> 00:39:03.559
<v Speaker 2>cases are peers versus society of sisters and so on,

715
00:39:03.639 --> 00:39:06.599
<v Speaker 2>where all these cases we're talking about today trace their

716
00:39:06.639 --> 00:39:09.039
<v Speaker 2>origins to. But that's not in the text of the

717
00:39:09.079 --> 00:39:12.400
<v Speaker 2>Constitution or the Bill of Rights. Talks about protecting individual liberties,

718
00:39:12.440 --> 00:39:15.880
<v Speaker 2>it doesn't talk about protecting families. So you guys should

719
00:39:15.880 --> 00:39:19.880
<v Speaker 2>be super super happy because they are drawing in natural

720
00:39:19.960 --> 00:39:23.400
<v Speaker 2>rights concepts. But let me ask, why is it that

721
00:39:23.559 --> 00:39:27.000
<v Speaker 2>natural rights protects families and gives them the sort of

722
00:39:27.079 --> 00:39:30.960
<v Speaker 2>same status, actually not same superior status to a natural

723
00:39:31.039 --> 00:39:31.960
<v Speaker 2>right like free speech.

724
00:39:34.119 --> 00:39:36.280
<v Speaker 1>Let me just let me give Steve a shout out.

725
00:39:36.559 --> 00:39:41.079
<v Speaker 1>Steve's the one who often wants to put more more

726
00:39:41.159 --> 00:39:43.639
<v Speaker 1>credence in the idea that our constitution is based on

727
00:39:43.679 --> 00:39:46.320
<v Speaker 1>common law than I do. But in this particular case,

728
00:39:46.760 --> 00:39:51.039
<v Speaker 1>of course, you have you have all of recorded history

729
00:39:51.199 --> 00:39:56.079
<v Speaker 1>up until the Communists came along that understood how absolutely

730
00:39:56.159 --> 00:40:00.760
<v Speaker 1>critical the family was to the success of a police regime.

731
00:40:01.119 --> 00:40:03.840
<v Speaker 1>And again it would take it would take a lesson

732
00:40:03.840 --> 00:40:07.400
<v Speaker 1>from Aristotle, right Steve, in order to carry this out fully,

733
00:40:07.440 --> 00:40:10.599
<v Speaker 1>which we're not going to do today, but that you

734
00:40:10.639 --> 00:40:18.039
<v Speaker 1>could even challenge it is really simply as it's communism

735
00:40:18.199 --> 00:40:24.840
<v Speaker 1>and progressivism being the ideas behind it becoming so forceful

736
00:40:24.840 --> 00:40:27.880
<v Speaker 1>in our society that we have to fight back with

737
00:40:27.920 --> 00:40:31.199
<v Speaker 1>something that somebody would never have challenged even one hundred

738
00:40:31.239 --> 00:40:33.719
<v Speaker 1>and fifty years ago. I mean, it's just all of

739
00:40:33.800 --> 00:40:36.480
<v Speaker 1>human history is understood that the family is a basing,

740
00:40:36.679 --> 00:40:41.480
<v Speaker 1>basic building block of any society, and that children belong

741
00:40:41.679 --> 00:40:44.239
<v Speaker 1>to their parents. They do not belong to the state.

742
00:40:44.719 --> 00:40:48.599
<v Speaker 1>And the choice about how to how to raise a

743
00:40:48.719 --> 00:40:53.679
<v Speaker 1>child it's always been understood to be the parent's decision.

744
00:40:54.320 --> 00:40:57.719
<v Speaker 1>When the state had to intervene. Where on the margins right,

745
00:40:58.880 --> 00:41:01.719
<v Speaker 1>the parents are abusing the child, the parents, whatever it

746
00:41:01.800 --> 00:41:03.840
<v Speaker 1>might be, the parents are taking them into a cult.

747
00:41:04.360 --> 00:41:07.400
<v Speaker 1>Those kinds of things bring up questions nobody ever questioned

748
00:41:07.880 --> 00:41:11.599
<v Speaker 1>until the Communists came along. You and I talked about this, John,

749
00:41:11.639 --> 00:41:15.239
<v Speaker 1>when we didn't have Steve. The Communists came along and

750
00:41:15.320 --> 00:41:15.920
<v Speaker 1>understood that.

751
00:41:15.920 --> 00:41:18.480
<v Speaker 2>If you daddy was oh yeah.

752
00:41:18.480 --> 00:41:21.159
<v Speaker 1>When we didn't have Daddy, when they understood if you

753
00:41:21.239 --> 00:41:25.159
<v Speaker 1>wanted to remake completely remake society, you had to start

754
00:41:25.159 --> 00:41:30.840
<v Speaker 1>by destroying the family. Yes, and and my point is this, John,

755
00:41:30.920 --> 00:41:34.880
<v Speaker 1>to ask the question is is to put in stark

756
00:41:34.920 --> 00:41:38.039
<v Speaker 1>relief the fact that the question could even be asked,

757
00:41:38.519 --> 00:41:41.719
<v Speaker 1>Whereas it's you know, Aristotle lays it out for us.

758
00:41:41.719 --> 00:41:44.760
<v Speaker 1>And we've always understood Aristotle to be absolutely right because

759
00:41:44.840 --> 00:41:50.079
<v Speaker 1>it his view about the family dovetails perfectly, not just

760
00:41:50.119 --> 00:41:53.199
<v Speaker 1>with common sense, but with all of recorded human history

761
00:41:53.360 --> 00:41:56.159
<v Speaker 1>until until Marx came along and said, you need to

762
00:41:56.159 --> 00:41:59.360
<v Speaker 1>destroy that if you want to rebuild society. So there

763
00:41:59.400 --> 00:42:01.119
<v Speaker 1>you go, Steve, you can do better than that.

764
00:42:01.800 --> 00:42:05.920
<v Speaker 3>No, that's fine, I think at the interest of time

765
00:42:06.000 --> 00:42:09.039
<v Speaker 3>and a couple other broader points, John, let's move on

766
00:42:09.119 --> 00:42:12.199
<v Speaker 3>to the Consumers Research case, which I have a footnote

767
00:42:12.239 --> 00:42:14.119
<v Speaker 3>for you. We have time on non delegation and you

768
00:42:14.119 --> 00:42:15.800
<v Speaker 3>said a couple other admin decisions.

769
00:42:16.039 --> 00:42:20.719
<v Speaker 2>Yeah, so there's actually two. Okay, No, so there's there's two.

770
00:42:21.159 --> 00:42:24.880
<v Speaker 2>There's consumers Research and then there's another one involving something

771
00:42:24.880 --> 00:42:29.400
<v Speaker 2>called the Public Health Board, which decides on certain kinds

772
00:42:29.400 --> 00:42:31.880
<v Speaker 2>of treat I think, treatments that are covered by government,

773
00:42:32.000 --> 00:42:35.719
<v Speaker 2>you know, government medicare, medicaid. So that interesting thing is

774
00:42:36.199 --> 00:42:40.519
<v Speaker 2>in both cases the principle that conservatives have been fighting for,

775
00:42:40.679 --> 00:42:44.039
<v Speaker 2>in the first case, non delegation doctrine. In the second case,

776
00:42:44.440 --> 00:42:51.039
<v Speaker 2>the Humphreys executive issue firing firing subordinate executive officials. Both one,

777
00:42:51.960 --> 00:42:57.199
<v Speaker 2>but they're disappointing to conservatives because in application, uh, the

778
00:42:57.320 --> 00:43:00.679
<v Speaker 2>liberals managed to convince a conservative here there to uphold

779
00:43:00.719 --> 00:43:04.639
<v Speaker 2>what the government did. So in consumer's research we talked

780
00:43:04.639 --> 00:43:07.239
<v Speaker 2>about I think this is the case where the FCC

781
00:43:07.440 --> 00:43:10.159
<v Speaker 2>sticks that tax on all of our phone bills at

782
00:43:10.199 --> 00:43:12.000
<v Speaker 2>the bottom. Right at the bottom of your phone bill,

783
00:43:12.039 --> 00:43:15.519
<v Speaker 2>you'll see this tiny universal charge. And the lower court,

784
00:43:15.559 --> 00:43:19.400
<v Speaker 2>the Fifth Circuit Texas, I thought, quite reasonably said Congress

785
00:43:19.440 --> 00:43:22.920
<v Speaker 2>cannot delegate to an agency the power to impose a tax.

786
00:43:24.039 --> 00:43:27.039
<v Speaker 2>If there's anything Congress has to do, it's set taxes.

787
00:43:27.920 --> 00:43:30.920
<v Speaker 2>The court said, Justice Kagive werthe the opinion, So of

788
00:43:30.920 --> 00:43:33.639
<v Speaker 2>course you should be suspicious. But she said, we agree

789
00:43:33.639 --> 00:43:36.840
<v Speaker 2>there's a non delegation doctrine. We just don't think it's

790
00:43:36.920 --> 00:43:39.559
<v Speaker 2>violated here. We don't think this is really a tax.

791
00:43:40.079 --> 00:43:43.599
<v Speaker 2>It's just like a user fee, and the agencies can

792
00:43:43.639 --> 00:43:46.199
<v Speaker 2>impose that they always have. Yeah, so that was a

793
00:43:46.239 --> 00:43:50.400
<v Speaker 2>missed opportunity. But on the other hand, you now have

794
00:43:50.599 --> 00:43:52.760
<v Speaker 2>many many I think all the justices now have to

795
00:43:52.800 --> 00:43:55.119
<v Speaker 2>agree that there is a non delegation doctrine, and there

796
00:43:55.119 --> 00:43:58.360
<v Speaker 2>are you know, ten years ago the liberal justices would say, oh,

797
00:43:58.440 --> 00:44:02.519
<v Speaker 2>that's some creature product of the New Deal Court that

798
00:44:02.559 --> 00:44:07.360
<v Speaker 2>opposed FDR, but they missed their chance. The other case,

799
00:44:07.400 --> 00:44:11.400
<v Speaker 2>the Public Health Board. This is very interesting. Everyone admitted

800
00:44:11.400 --> 00:44:14.280
<v Speaker 2>that this board was in the executive branch. Everyone also

801
00:44:14.320 --> 00:44:18.480
<v Speaker 2>admitted Congress said this board is an independent board, but

802
00:44:19.599 --> 00:44:24.159
<v Speaker 2>so everyone admitted it's an executive branch agency the exercise

803
00:44:24.239 --> 00:44:27.440
<v Speaker 2>delegated power. The president must be able to fire everybody.

804
00:44:27.920 --> 00:44:30.639
<v Speaker 2>The statute was then read by the Court in a

805
00:44:30.760 --> 00:44:34.400
<v Speaker 2>very creative way to say the president can fire everybody.

806
00:44:35.280 --> 00:44:38.440
<v Speaker 2>So they had a chance to overturn Humphrey's executor in

807
00:44:38.480 --> 00:44:42.199
<v Speaker 2>this case, they but they did not. They passed on it.

808
00:44:42.880 --> 00:44:47.639
<v Speaker 2>But very interesting. Justice Kavanaugh is probably the fifth vote

809
00:44:48.079 --> 00:44:52.119
<v Speaker 2>on an extending Humphreys overturning Humphrey's executive. He wrote a

810
00:44:52.199 --> 00:44:54.880
<v Speaker 2>very interesting concurrence which no one's talking about, where he said,

811
00:44:56.079 --> 00:45:01.639
<v Speaker 2>if an agency exercises delegated power from Congress, it cannot

812
00:45:01.679 --> 00:45:05.280
<v Speaker 2>be independent from the president. So if that's true, Humphreys

813
00:45:05.320 --> 00:45:08.519
<v Speaker 2>executor is really dead because what he's saying is there

814
00:45:08.559 --> 00:45:12.159
<v Speaker 2>can't really be an independent agency that has any real

815
00:45:12.199 --> 00:45:15.000
<v Speaker 2>power at all. So I think actually reading these two decisions,

816
00:45:15.400 --> 00:45:18.119
<v Speaker 2>the left should be really upset. But they're so focused

817
00:45:18.159 --> 00:45:21.440
<v Speaker 2>on right nationwide injunction. Let me ask a question of

818
00:45:21.519 --> 00:45:22.320
<v Speaker 2>John that's happening.

819
00:45:22.519 --> 00:45:27.519
<v Speaker 1>Yeah, So, John, do you believe that the that those

820
00:45:27.679 --> 00:45:30.920
<v Speaker 1>both of those decisions ended up being a little less

821
00:45:31.840 --> 00:45:36.239
<v Speaker 1>astounding than they might have been because Roberts is kind

822
00:45:36.280 --> 00:45:38.400
<v Speaker 1>of reeling from the fact that so many of his

823
00:45:38.519 --> 00:45:41.599
<v Speaker 1>decisions have gone the way of shall we call it

824
00:45:41.639 --> 00:45:43.800
<v Speaker 1>the right? In this last because you and I have

825
00:45:43.840 --> 00:45:48.280
<v Speaker 1>had conversations many times about Roberts and his balancing act.

826
00:45:51.159 --> 00:45:55.000
<v Speaker 1>It is, you know, Amy wrote this thing. Amy's been

827
00:45:55.119 --> 00:45:58.519
<v Speaker 1>you know, vilified in the right wing media for.

828
00:45:58.840 --> 00:46:01.000
<v Speaker 2>You know, didn't we say on the podcast, those are

829
00:46:01.000 --> 00:46:03.599
<v Speaker 2>all little cases. When that big issue comes up, she's

830
00:46:03.639 --> 00:46:07.559
<v Speaker 2>going to y, yeah, you and you didn't attack me.

831
00:46:07.599 --> 00:46:11.480
<v Speaker 2>So I took that as agreement sort of they're.

832
00:46:11.360 --> 00:46:13.679
<v Speaker 3>Waiting, sorry interrupt, I think they're waiting for a better

833
00:46:13.760 --> 00:46:14.239
<v Speaker 3>case too.

834
00:46:14.239 --> 00:46:17.320
<v Speaker 2>Explicitly, Yeah, I think I think in both cases. And

835
00:46:17.400 --> 00:46:20.119
<v Speaker 2>also I think, uh, this might be actually a case

836
00:46:20.119 --> 00:46:23.960
<v Speaker 2>where the nationwide in junction thing became so important and

837
00:46:24.000 --> 00:46:26.920
<v Speaker 2>so focused. I could see Roberts saying this is not

838
00:46:27.039 --> 00:46:29.280
<v Speaker 2>the right year to use up a lot of political

839
00:46:29.320 --> 00:46:33.719
<v Speaker 2>capital on striking down a dedication returning Humphreys executive I

840
00:46:34.119 --> 00:46:38.880
<v Speaker 2>don't think I don't think a lot of you know that. Thomas,

841
00:46:38.880 --> 00:46:41.519
<v Speaker 2>Alito and Gorsa you think that way, But I think

842
00:46:41.599 --> 00:46:44.920
<v Speaker 2>Roberts and Kavanaugh think that way unfortunately, And I think

843
00:46:44.960 --> 00:46:45.639
<v Speaker 2>you see it here.

844
00:46:45.920 --> 00:46:49.320
<v Speaker 1>Yeah, you know, I'm going to give Roberts a shout

845
00:46:49.320 --> 00:46:50.880
<v Speaker 1>out on this one. To be honest.

846
00:46:51.400 --> 00:46:55.679
<v Speaker 2>Wait wait, wait, everybody turn your Apple iPhone recording function on.

847
00:46:57.079 --> 00:47:00.960
<v Speaker 1>As much as it aspies that concept about, you know,

848
00:47:01.679 --> 00:47:07.519
<v Speaker 1>balancing the political impact of the Court's decisions in the

849
00:47:07.599 --> 00:47:11.599
<v Speaker 1>national arena. If the Court is going to be so

850
00:47:11.800 --> 00:47:16.599
<v Speaker 1>critically important in all of these major political controversies, and

851
00:47:16.760 --> 00:47:20.679
<v Speaker 1>if the Court's power to do that relies upon a

852
00:47:20.719 --> 00:47:24.519
<v Speaker 1>certain level of trust confidence in the American people in

853
00:47:24.599 --> 00:47:27.679
<v Speaker 1>making those decisions, I don't think that's how it ought

854
00:47:27.719 --> 00:47:29.840
<v Speaker 1>to be, by the way, but it is that way.

855
00:47:30.239 --> 00:47:35.239
<v Speaker 1>We turn every important question now in our national political

856
00:47:35.280 --> 00:47:39.000
<v Speaker 1>arena over to the Court, And if that's going to

857
00:47:39.039 --> 00:47:41.559
<v Speaker 1>be the case, then Robert is Roberts is more or

858
00:47:41.599 --> 00:47:45.440
<v Speaker 1>less obligated to do a little bit of that balancing.

859
00:47:45.559 --> 00:47:47.440
<v Speaker 1>Does that make sense what I'm trying to say, guys,

860
00:47:48.320 --> 00:47:51.320
<v Speaker 1>I mean, I don't think the Court should be deciding

861
00:47:51.519 --> 00:47:56.159
<v Speaker 1>every single political controversy and turning it in somehow into

862
00:47:56.159 --> 00:47:59.639
<v Speaker 1>this tiny little legal issue that they can pretend really

863
00:47:59.639 --> 00:48:03.360
<v Speaker 1>covers at all. They shouldn't be deciding it. I mean,

864
00:48:03.639 --> 00:48:08.360
<v Speaker 1>in my opinion, I won't go into examples, but if

865
00:48:08.400 --> 00:48:10.440
<v Speaker 1>you're going to do that, if the court is going

866
00:48:10.480 --> 00:48:14.079
<v Speaker 1>to be profoundly political, then it has to be a

867
00:48:14.159 --> 00:48:15.039
<v Speaker 1>little bit careful.

868
00:48:16.280 --> 00:48:19.039
<v Speaker 2>The other thing I would just add on to the well,

869
00:48:19.039 --> 00:48:21.559
<v Speaker 2>I would add on to Lucretia also that there's a

870
00:48:21.760 --> 00:48:24.679
<v Speaker 2>bigger thing going on is that if you look at

871
00:48:24.719 --> 00:48:28.000
<v Speaker 2>the last five years, this is probably the most successful

872
00:48:28.039 --> 00:48:32.320
<v Speaker 2>conservative Supreme Court in the history of the republic. Right.

873
00:48:33.199 --> 00:48:36.039
<v Speaker 2>Not only they do three decisions today making clear the

874
00:48:36.119 --> 00:48:40.079
<v Speaker 2>right of families overcomes other rights like free speech or

875
00:48:40.079 --> 00:48:42.440
<v Speaker 2>the right of the government to run education, they also

876
00:48:42.440 --> 00:48:45.880
<v Speaker 2>overturned Dobbs, expanded gun rights, got rid of affirmative I mean,

877
00:48:45.880 --> 00:48:48.119
<v Speaker 2>this is like a winning streak like we've never seen

878
00:48:48.239 --> 00:48:52.079
<v Speaker 2>before for conservatives. Maybe not since you know, they struck

879
00:48:52.119 --> 00:48:54.079
<v Speaker 2>down the first New Deal. It's just that they went

880
00:48:54.239 --> 00:48:57.039
<v Speaker 2>out on that. So maybe the reason I says by

881
00:48:57.079 --> 00:48:59.920
<v Speaker 2>Lucretia is maybe in order to make sure this these

882
00:49:00.079 --> 00:49:03.119
<v Speaker 2>wins are more permanent than the Court of nineteen thirty

883
00:49:03.119 --> 00:49:05.719
<v Speaker 2>five or nineteen thirty is that you have to you know,

884
00:49:05.960 --> 00:49:09.400
<v Speaker 2>hedge and you know, sometimes not decide all the issues

885
00:49:09.400 --> 00:49:11.960
<v Speaker 2>at once to understand the political systems, you don't trigger

886
00:49:12.000 --> 00:49:14.400
<v Speaker 2>a response. I think that's the best case to make

887
00:49:14.480 --> 00:49:17.880
<v Speaker 2>on Roberts's part, that even if you're conservative, you can

888
00:49:17.880 --> 00:49:20.719
<v Speaker 2>only do so many conservative things at once, and they've

889
00:49:20.719 --> 00:49:23.159
<v Speaker 2>done an unbelievable number of them in the last five years.

890
00:49:23.199 --> 00:49:25.760
<v Speaker 2>It's like it's like a dream you know, a dream

891
00:49:25.840 --> 00:49:28.800
<v Speaker 2>team of what I mean, like a wish list of

892
00:49:28.840 --> 00:49:31.800
<v Speaker 2>what they've actually done. There's the conservatives are running out

893
00:49:31.800 --> 00:49:33.000
<v Speaker 2>of stuff they want.

894
00:49:33.679 --> 00:49:36.639
<v Speaker 3>Right Well, our next segment, we're going to press that

895
00:49:36.760 --> 00:49:39.920
<v Speaker 3>question a little bit further on broad grounds. Let's get

896
00:49:39.920 --> 00:49:41.519
<v Speaker 3>out with sorry.

897
00:49:41.320 --> 00:49:43.360
<v Speaker 1>Well, I just want to I do want to say

898
00:49:43.360 --> 00:49:47.159
<v Speaker 1>one thing that you guys will remember before we go

899
00:49:47.239 --> 00:49:49.679
<v Speaker 1>on to the originalism. Then you guys will remember when

900
00:49:50.639 --> 00:49:53.320
<v Speaker 1>I guess it was probably the eighties into the nineties

901
00:49:53.400 --> 00:49:58.159
<v Speaker 1>that we would talk about judicial activism and judicial restraint

902
00:49:58.559 --> 00:50:03.960
<v Speaker 1>as if they were morally politically neutral terms, and so

903
00:50:04.920 --> 00:50:07.800
<v Speaker 1>you know, we don't hear very much. But then when

904
00:50:08.159 --> 00:50:11.679
<v Speaker 1>there started to be the tiniest, tiniest little break in

905
00:50:11.760 --> 00:50:15.119
<v Speaker 1>the dam of liberal decision making, an expansion of power

906
00:50:15.159 --> 00:50:18.079
<v Speaker 1>by the courts, and the idea that you would, for instance,

907
00:50:18.159 --> 00:50:21.559
<v Speaker 1>overturn well Roe versus Weight. I'll use that as the example.

908
00:50:22.159 --> 00:50:25.840
<v Speaker 1>Overturning Roe versus Weight is not judicial activism, it is

909
00:50:25.960 --> 00:50:30.920
<v Speaker 1>judicial restraint. Right, But those terms are nowadays meaningless. But

910
00:50:30.960 --> 00:50:35.840
<v Speaker 1>I would argue John that the reason I can applaud

911
00:50:36.039 --> 00:50:39.119
<v Speaker 1>so many of these decisions by the Roberts courts. Okay,

912
00:50:39.119 --> 00:50:41.039
<v Speaker 1>oh God again, I'm going to say something nice about

913
00:50:41.079 --> 00:50:45.000
<v Speaker 1>Roberts is he does understand to a great extent that

914
00:50:45.119 --> 00:50:48.440
<v Speaker 1>the courts I don't think it fully understands it, but

915
00:50:48.880 --> 00:50:51.800
<v Speaker 1>I still have problems. But he understands that there's not

916
00:50:52.920 --> 00:50:56.679
<v Speaker 1>that reigning in the power of the courts itself is

917
00:50:57.159 --> 00:51:01.199
<v Speaker 1>important to maintaining the court's integrity in our system, and

918
00:51:01.800 --> 00:51:04.519
<v Speaker 1>I think many of the decisions can be understood in

919
00:51:04.559 --> 00:51:10.639
<v Speaker 1>that way. They are overturning or reconfiguring older decisions that

920
00:51:10.800 --> 00:51:13.679
<v Speaker 1>gave the court way too much power. Is that unfair?

921
00:51:15.960 --> 00:51:18.639
<v Speaker 1>But the left doesn't like it because the left wants

922
00:51:19.039 --> 00:51:21.719
<v Speaker 1>the court to be in their pocket, and they don't.

923
00:51:21.760 --> 00:51:23.840
<v Speaker 2>They want it to be an engine of social change. Yes,

924
00:51:24.280 --> 00:51:26.199
<v Speaker 2>they wanted to be an engine of social change that

925
00:51:26.239 --> 00:51:28.800
<v Speaker 2>makes every kind of process generally stops them.

926
00:51:29.079 --> 00:51:31.800
<v Speaker 3>Yes, all right, well let's get out and come back

927
00:51:31.800 --> 00:51:33.800
<v Speaker 3>to this after Well, let me let me do just

928
00:51:33.840 --> 00:51:36.719
<v Speaker 3>a little historical footnote because I think it's fun. So

929
00:51:36.880 --> 00:51:40.159
<v Speaker 3>the case on the first case, the Consumer's Research case,

930
00:51:40.320 --> 00:51:44.119
<v Speaker 3>Consumers Research is now owned by rumbroll. Please Leonard Leo,

931
00:51:46.719 --> 00:51:47.119
<v Speaker 3>I think.

932
00:51:47.119 --> 00:51:49.840
<v Speaker 2>Did not know that, John, No, I did not know that.

933
00:51:49.960 --> 00:51:51.119
<v Speaker 3>Well, so here's the funny thing.

934
00:51:51.199 --> 00:51:52.800
<v Speaker 2>I thought they were like the guys who put out

935
00:51:52.800 --> 00:51:55.519
<v Speaker 2>consumer reports. I was like, I know what this has

936
00:51:55.559 --> 00:51:58.119
<v Speaker 2>to do with what's the best what's the best mini

937
00:51:58.239 --> 00:51:59.880
<v Speaker 2>van for twenty twenty seven?

938
00:52:00.000 --> 00:52:02.119
<v Speaker 3>No, no, see that. That's why it's an interesting story.

939
00:52:02.159 --> 00:52:04.000
<v Speaker 3>I tell the whole story in my biography of Stan

940
00:52:04.000 --> 00:52:07.239
<v Speaker 3>Evans about Consumer's Research. It was a magazine started in

941
00:52:07.280 --> 00:52:10.920
<v Speaker 3>the thirties by lefties, by the New Republic crowd and

942
00:52:10.960 --> 00:52:12.719
<v Speaker 3>by degrees. Is a long story that I have in

943
00:52:12.719 --> 00:52:14.760
<v Speaker 3>my book, but it got It was one of the

944
00:52:14.760 --> 00:52:18.960
<v Speaker 3>only organizations and publications that moved to the right and

945
00:52:19.079 --> 00:52:22.280
<v Speaker 3>explicitly became an alternative to Consumer Reports, which became very

946
00:52:22.360 --> 00:52:25.800
<v Speaker 3>natorite in the seventies, right, and by degrees, my old mentor,

947
00:52:25.840 --> 00:52:29.039
<v Speaker 3>Stan Evans became publisher and editor of it, and then

948
00:52:29.079 --> 00:52:32.679
<v Speaker 3>it declined as magazines did, and Stan retired and later died,

949
00:52:32.719 --> 00:52:36.159
<v Speaker 3>and somehow Leonard Leo ended up acquiring it. So you

950
00:52:36.199 --> 00:52:38.440
<v Speaker 3>know what they've done by not deciding the case the

951
00:52:38.480 --> 00:52:40.440
<v Speaker 3>way I think Leonard wont it was making mad which

952
00:52:40.480 --> 00:52:44.360
<v Speaker 3>I kind of like. Anyway, No, it did do that, John,

953
00:52:44.440 --> 00:52:46.320
<v Speaker 3>but it was if you go back and look at

954
00:52:46.320 --> 00:52:48.360
<v Speaker 3>old episodes of old issues, which I have a few,

955
00:52:48.400 --> 00:52:52.159
<v Speaker 3>it was very much a right wing consumer magazine which

956
00:52:52.159 --> 00:52:54.599
<v Speaker 3>has made a lot of fun. So there you go.

957
00:52:54.679 --> 00:52:56.880
<v Speaker 3>But we're going to take a quick break and come back,

958
00:52:56.960 --> 00:52:59.599
<v Speaker 3>and we're gonna press this originalism question just one more

959
00:52:59.639 --> 00:53:02.119
<v Speaker 3>step and then we'll have to get out for the day,

960
00:53:06.480 --> 00:53:08.480
<v Speaker 3>all right. I don't want to press this originalism question

961
00:53:08.599 --> 00:53:12.119
<v Speaker 3>just a little further because a week after Scurmetti, which

962
00:53:12.239 --> 00:53:16.280
<v Speaker 3>everyone celebrated for its outcome, there are people who like

963
00:53:16.320 --> 00:53:19.440
<v Speaker 3>friends of ours, like Haley Arcis, but certainly not him alone, saying,

964
00:53:19.440 --> 00:53:22.920
<v Speaker 3>oh wait a minute, Robert's opinion is based on the

965
00:53:23.039 --> 00:53:26.639
<v Speaker 3>narrowest ground of the stupid rational basis test or what

966
00:53:26.719 --> 00:53:31.239
<v Speaker 3>Scalia used to call the babbling idiot's test and frustration

967
00:53:31.360 --> 00:53:33.280
<v Speaker 3>that we're not. I mean, you did mention John that

968
00:53:33.360 --> 00:53:37.639
<v Speaker 3>families win and that's good and that that is imported

969
00:53:37.800 --> 00:53:40.280
<v Speaker 3>from the logic of the Constitution and not the plain,

970
00:53:40.320 --> 00:53:43.000
<v Speaker 3>black and white text of it. But the argument is,

971
00:53:43.079 --> 00:53:45.280
<v Speaker 3>you know, maybe we should expect better, maybe we should

972
00:53:45.320 --> 00:53:48.239
<v Speaker 3>now be even more aggressive about pushing a natural law

973
00:53:48.320 --> 00:53:52.320
<v Speaker 3>originalism and you know, surfacing Thomas's point of view more directly.

974
00:53:52.800 --> 00:53:55.039
<v Speaker 3>So just very quick comments from both of you on

975
00:53:55.199 --> 00:53:57.320
<v Speaker 3>that if you have any lucreatia, you had your hand up.

976
00:53:57.320 --> 00:53:59.679
<v Speaker 1>You want to know so, because I'm going to be

977
00:53:59.679 --> 00:54:02.480
<v Speaker 1>the most simplistic about this. I you know, taught con

978
00:54:02.559 --> 00:54:06.719
<v Speaker 1>law to undergraduates for many years, and when I would

979
00:54:07.480 --> 00:54:10.639
<v Speaker 1>when I would explain the three pronged tests under the

980
00:54:10.679 --> 00:54:13.920
<v Speaker 1>Fourteenth Amendment's Equal Protection Clause, I would begin by saying

981
00:54:14.000 --> 00:54:19.519
<v Speaker 1>that every law discriminates, and what the equal Protection Clause

982
00:54:19.639 --> 00:54:25.360
<v Speaker 1>does is to try to say that when you discriminate,

983
00:54:26.159 --> 00:54:31.400
<v Speaker 1>you do so on the basis of a rational constitutional reason,

984
00:54:31.440 --> 00:54:33.760
<v Speaker 1>and what you don't do is discriminate on the basis

985
00:54:33.760 --> 00:54:39.239
<v Speaker 1>of something like something irrational, like and immutable characteristic a race,

986
00:54:39.320 --> 00:54:42.440
<v Speaker 1>and so on and the court over time developed the

987
00:54:42.480 --> 00:54:46.159
<v Speaker 1>three pronged the rational basis tests at the other end,

988
00:54:46.199 --> 00:54:49.760
<v Speaker 1>the suspect categories, and then the important governmental interest tests

989
00:54:49.760 --> 00:54:52.599
<v Speaker 1>it seems to take in sex and things like that.

990
00:54:53.360 --> 00:54:57.280
<v Speaker 1>There's a logic to it. I'm not sure that you know,

991
00:54:57.280 --> 00:54:59.639
<v Speaker 1>we're never going to go backwards and not have that test,

992
00:54:59.679 --> 00:55:03.760
<v Speaker 1>but there's logic to it. And I will give Roberts

993
00:55:03.800 --> 00:55:06.639
<v Speaker 1>more credit than our good friend Hadley in this case

994
00:55:06.760 --> 00:55:13.440
<v Speaker 1>because not allowing sexual identity, the power to choose your

995
00:55:13.480 --> 00:55:19.639
<v Speaker 1>sexual identity to become a suspect category means that the

996
00:55:19.719 --> 00:55:22.280
<v Speaker 1>courts gives a deference to the government and all those

997
00:55:22.320 --> 00:55:26.079
<v Speaker 1>other things that you know we teach about about that

998
00:55:26.159 --> 00:55:30.599
<v Speaker 1>three prong tests. But that was a huge win, and

999
00:55:30.760 --> 00:55:32.639
<v Speaker 1>I you know, you could, yeah, you could have the

1000
00:55:32.679 --> 00:55:35.519
<v Speaker 1>court go off into some really important things about natural

1001
00:55:35.599 --> 00:55:39.119
<v Speaker 1>law and so forth. But it was unnecessary because if

1002
00:55:39.159 --> 00:55:44.400
<v Speaker 1>the opposite had happened. If the opposite had happened, if transsexual,

1003
00:55:45.880 --> 00:55:51.360
<v Speaker 1>that whole despicable movement had somehow secured from a more

1004
00:55:51.440 --> 00:55:55.840
<v Speaker 1>liberal court that that in and of itself was a

1005
00:55:55.880 --> 00:56:00.519
<v Speaker 1>suspect category, this would have been disastrous. Would have been

1006
00:56:00.679 --> 00:56:06.880
<v Speaker 1>no stopping the worst kinds of horrors in this society

1007
00:56:07.000 --> 00:56:09.599
<v Speaker 1>done to children, and on and on and on. So

1008
00:56:09.800 --> 00:56:11.679
<v Speaker 1>I'm going to again one more time. I'm going to

1009
00:56:11.760 --> 00:56:14.840
<v Speaker 1>give Roberts some credit here. Maybe he could have gone further,

1010
00:56:15.480 --> 00:56:19.000
<v Speaker 1>even as as our friend Hadley said to us, Thomas

1011
00:56:19.000 --> 00:56:22.199
<v Speaker 1>didn't go for the why not It wasn't necessary. This

1012
00:56:22.360 --> 00:56:25.440
<v Speaker 1>is not the place to school the entire country on

1013
00:56:25.599 --> 00:56:26.360
<v Speaker 1>natural law.

1014
00:56:26.880 --> 00:56:29.119
<v Speaker 3>And we're going to get well, we're going to get

1015
00:56:29.119 --> 00:56:31.559
<v Speaker 3>a letter from Hadley. I suspect if he let's suspect

1016
00:56:31.159 --> 00:56:32.920
<v Speaker 3>that I agree.

1017
00:56:32.960 --> 00:56:35.199
<v Speaker 2>I think I agree with now I agree with Lucretia

1018
00:56:35.320 --> 00:56:39.719
<v Speaker 2>that I think there's a difference between natural rights or

1019
00:56:39.800 --> 00:56:43.440
<v Speaker 2>believing in natural rights, and which institution and our separation

1020
00:56:43.519 --> 00:56:46.719
<v Speaker 2>of powers and federalism is the appropriate institution to carry

1021
00:56:46.760 --> 00:56:49.960
<v Speaker 2>it into effect. So I think that what your talking

1022
00:56:49.960 --> 00:56:52.760
<v Speaker 2>about here is just a variation on Hadley's argument about

1023
00:56:52.800 --> 00:56:56.360
<v Speaker 2>Dobbs being wrong too, because he would have said, and Dobbs,

1024
00:56:56.360 --> 00:56:59.719
<v Speaker 2>a court should have banned abortion nationwide, and he's here

1025
00:56:59.800 --> 00:57:03.679
<v Speaker 2>saying Instagrammetti, you should have banned transgender medical treatments, not

1026
00:57:03.760 --> 00:57:05.800
<v Speaker 2>just allow states to make them, but to ban them

1027
00:57:05.880 --> 00:57:10.559
<v Speaker 2>outright right, because you don't recognize transgender I think those

1028
00:57:10.559 --> 00:57:15.039
<v Speaker 2>are perfectly appropriate philosophical views to have and political views

1029
00:57:15.039 --> 00:57:17.320
<v Speaker 2>to have. But in our system of government, that's the

1030
00:57:17.440 --> 00:57:20.119
<v Speaker 2>argument you make to the legislature and the executive branch,

1031
00:57:20.239 --> 00:57:25.480
<v Speaker 2>not the judiciary. So I do think, and you know,

1032
00:57:25.519 --> 00:57:27.800
<v Speaker 2>I signed someone had these work in the classes I

1033
00:57:27.880 --> 00:57:31.880
<v Speaker 2>teach because I want them to see how there are

1034
00:57:31.880 --> 00:57:35.800
<v Speaker 2>people who have this philosophical belief. He's just like the

1035
00:57:35.920 --> 00:57:38.119
<v Speaker 2>Dwarkins and the Rawles on the other side. He has

1036
00:57:38.159 --> 00:57:40.519
<v Speaker 2>a philosophal beief and he wants to use the courts

1037
00:57:40.559 --> 00:57:42.880
<v Speaker 2>to implement it because he thinks the moral view is

1038
00:57:42.920 --> 00:57:46.639
<v Speaker 2>more important than respecting the separation of powers. That's really

1039
00:57:46.679 --> 00:57:49.239
<v Speaker 2>what Scalia's whole career was about on the Supreme Court

1040
00:57:49.320 --> 00:57:51.639
<v Speaker 2>was standing against every right. We talked about this as

1041
00:57:51.719 --> 00:57:55.360
<v Speaker 2>famous lecture he gave at the Vatican where he said, I,

1042
00:57:55.599 --> 00:57:59.239
<v Speaker 2>as a Catholic, agree that the death penalty is immoral,

1043
00:57:59.400 --> 00:58:01.920
<v Speaker 2>but I am not going to strike down the death

1044
00:58:01.960 --> 00:58:04.280
<v Speaker 2>penalty under the constitution. As a judge. You can do

1045
00:58:04.320 --> 00:58:07.519
<v Speaker 2>it through the legislature. That but that's that's the other

1046
00:58:07.639 --> 00:58:09.800
<v Speaker 2>Argan is going to just add on to the creature

1047
00:58:10.159 --> 00:58:12.000
<v Speaker 2>by having the courts do that. You're going to see

1048
00:58:12.079 --> 00:58:15.639
<v Speaker 2>less moral argument in politics, right, because everyone says, oh,

1049
00:58:15.719 --> 00:58:18.519
<v Speaker 2>the Supreme Court is the moral arbiter. But if really

1050
00:58:18.599 --> 00:58:21.519
<v Speaker 2>the legislators should make these moral arguments, like Lincoln is

1051
00:58:21.519 --> 00:58:23.920
<v Speaker 2>the one who should make the moral arguments about.

1052
00:58:23.679 --> 00:58:27.119
<v Speaker 1>Well, and I would just go because we also just

1053
00:58:27.719 --> 00:58:31.480
<v Speaker 1>kind of dismissively said that that's just majority rule and

1054
00:58:32.559 --> 00:58:35.400
<v Speaker 1>you know, as popular sovereignty. But the point of the

1055
00:58:35.440 --> 00:58:41.119
<v Speaker 1>matter is that that's that's what our constitution demands, and

1056
00:58:41.119 --> 00:58:48.440
<v Speaker 1>and and when the legislature, when popular rule dovetails with

1057
00:58:48.719 --> 00:58:51.239
<v Speaker 1>that's my word of the day. I guess with is

1058
00:58:51.440 --> 00:58:55.440
<v Speaker 1>synchronized with what is morally right. Why would you argue

1059
00:58:55.440 --> 00:58:58.599
<v Speaker 1>with that? Why would you go a step further further

1060
00:58:58.760 --> 00:59:03.360
<v Speaker 1>undermine the the uh, you know, reputation of the court

1061
00:59:03.440 --> 00:59:06.679
<v Speaker 1>with the left to do that, and you know, so

1062
00:59:06.840 --> 00:59:08.800
<v Speaker 1>to the point where they no longer pay any attention

1063
00:59:08.840 --> 00:59:12.559
<v Speaker 1>to court opinions. If this, if the Tennessee was a

1064
00:59:12.599 --> 00:59:16.280
<v Speaker 1>Tennessee legislator or Kentucky Tennessee legislature came to such a

1065
00:59:16.320 --> 00:59:19.920
<v Speaker 1>great decision, uphold the decision, you know that that's that's

1066
00:59:19.920 --> 00:59:24.039
<v Speaker 1>what the court ought to do. And I again, like you, John,

1067
00:59:24.079 --> 00:59:27.559
<v Speaker 1>I agree politically, morally with everything Hadley said, but I

1068
00:59:27.599 --> 00:59:29.840
<v Speaker 1>also agreed that it's not the Court's place to do

1069
00:59:29.920 --> 00:59:32.360
<v Speaker 1>those things. Even Thomas didn't do it, you know.

1070
00:59:32.840 --> 00:59:35.000
<v Speaker 2>Yeah, here's the thing about where it involves Lincoln. I

1071
00:59:35.000 --> 00:59:37.960
<v Speaker 2>think Lincoln is right on this because Lincoln Hadley would

1072
00:59:38.119 --> 00:59:43.119
<v Speaker 2>wouldn't Hadley say Lincoln was wrong or in saying that

1073
00:59:43.239 --> 00:59:46.199
<v Speaker 2>we have to allow states to decide slavery, he would

1074
00:59:46.199 --> 00:59:49.400
<v Speaker 2>say the Supreme Court and cred Scott should have struck

1075
00:59:49.480 --> 00:59:52.599
<v Speaker 2>down slavery throughout the country, even though the Constitution plainly

1076
00:59:52.639 --> 00:59:55.719
<v Speaker 2>allows states to decide for themselves at that time. Well,

1077
00:59:55.880 --> 00:59:58.519
<v Speaker 2>I mean, that's just not tolerable under our system.

1078
00:59:58.880 --> 01:00:00.639
<v Speaker 3>Well, what we're going to have to do, because we

1079
01:00:00.719 --> 01:00:02.599
<v Speaker 3>have run out of time, is let had we have

1080
01:00:02.679 --> 01:00:04.360
<v Speaker 3>the last work in a future episode.

1081
01:00:04.840 --> 01:00:05.320
<v Speaker 1>Yes we do.

1082
01:00:05.480 --> 01:00:08.480
<v Speaker 3>We're gonna take that risk, but we are sadly out

1083
01:00:08.480 --> 01:00:10.800
<v Speaker 3>of time, so we're not gonna But the subject of

1084
01:00:10.800 --> 01:00:12.679
<v Speaker 3>the New York mayors race will keep because that's going

1085
01:00:12.719 --> 01:00:16.679
<v Speaker 3>to go on for a while. Yeah, go ahead, Sorry,

1086
01:00:16.800 --> 01:00:17.800
<v Speaker 3>what do you got for us?

1087
01:00:18.000 --> 01:00:23.719
<v Speaker 1>In powerful dissent, Catangi Brown Jackson simply writes, Wakanda forever.

1088
01:00:23.880 --> 01:00:29.159
<v Speaker 3>I know Barrett's already being called a racist of course

1089
01:00:29.199 --> 01:00:30.320
<v Speaker 3>by the CNA whatever.

1090
01:00:30.440 --> 01:00:33.679
<v Speaker 1>I hope they just ignore that stuff. District Court issues

1091
01:00:33.760 --> 01:00:39.800
<v Speaker 1>nationwide injunction on Supreme Court ruling. Okay, so this one's

1092
01:00:39.800 --> 01:00:42.039
<v Speaker 1>for you, John. I smiled when I saw it. I

1093
01:00:42.079 --> 01:00:46.039
<v Speaker 1>thought of you. Iran puts McDonald's signs in front of

1094
01:00:46.079 --> 01:00:51.280
<v Speaker 1>remaining nuclear facilities, so Trump stops bombing them.

1095
01:00:51.519 --> 01:00:54.559
<v Speaker 2>That'll work. Oh yeah, especially if he puts they put

1096
01:00:54.559 --> 01:00:56.199
<v Speaker 2>out some diet cokes right.

1097
01:00:56.840 --> 01:01:04.039
<v Speaker 1>Uh. Supreme Court legalizes Trump presidency. That's the part I

1098
01:01:04.039 --> 01:01:06.239
<v Speaker 1>feel sorry for the Court about a little bit, because

1099
01:01:06.280 --> 01:01:11.000
<v Speaker 1>you know, it just there's no winning on those sorts

1100
01:01:11.039 --> 01:01:12.960
<v Speaker 1>of things if you come down if Trump is right,

1101
01:01:13.000 --> 01:01:15.480
<v Speaker 1>and they come down on Trump's side, you know, anyway,

1102
01:01:15.719 --> 01:01:18.800
<v Speaker 1>you get the point. I've been watching Pete haig Seth

1103
01:01:18.880 --> 01:01:22.639
<v Speaker 1>this week. I watched his uh press conference where he

1104
01:01:22.760 --> 01:01:27.360
<v Speaker 1>just took down Jennifer Griffith, Griffin, Griffith, whatever name is. Uh,

1105
01:01:28.320 --> 01:01:31.320
<v Speaker 1>the dyke with the short hair. Sorry, No, she's not.

1106
01:01:31.559 --> 01:01:33.880
<v Speaker 1>I know she's not. She's married to some awful leftist

1107
01:01:33.960 --> 01:01:36.400
<v Speaker 1>and she decided after she had breast cancer that she

1108
01:01:36.559 --> 01:01:40.079
<v Speaker 1>was gonna make a statement with her short, manly gray hair.

1109
01:01:40.360 --> 01:01:43.280
<v Speaker 2>Okay, I didn't want to know any of that.

1110
01:01:44.360 --> 01:01:47.199
<v Speaker 1>It's true. So but but she's she's always been a

1111
01:01:47.239 --> 01:01:49.840
<v Speaker 1>shill for the left on Fox News, and everybody on

1112
01:01:49.880 --> 01:01:53.320
<v Speaker 1>Fox News hates her. But anyway, Pete haig Seth vows

1113
01:01:53.440 --> 01:02:01.719
<v Speaker 1>military will not discriminate against chicks, broads or dames. Just

1114
01:02:01.760 --> 01:02:07.039
<v Speaker 1>a couple more, I swear in historic six to three

1115
01:02:07.199 --> 01:02:12.559
<v Speaker 1>Supreme Court decision, three justices ruled to be morons, and

1116
01:02:12.679 --> 01:02:18.599
<v Speaker 1>I did not write that headline and last one for

1117
01:02:18.679 --> 01:02:22.920
<v Speaker 1>our friends in New York, Democrats discover innovative strategy of

1118
01:02:23.000 --> 01:02:25.559
<v Speaker 1>promising free stuff to stupid people.

1119
01:02:28.360 --> 01:02:30.599
<v Speaker 3>Okay, okay, I'm done.

1120
01:02:31.960 --> 01:02:35.039
<v Speaker 2>Well to bring it to clothes. Always drink your whiskey.

1121
01:02:35.079 --> 01:02:39.119
<v Speaker 2>Meat and Steve, now that you're back from your wayward travels,

1122
01:02:39.800 --> 01:02:43.199
<v Speaker 2>what did you ask Ai to produce in terms of

1123
01:02:43.239 --> 01:02:47.719
<v Speaker 2>a poem, Because there's no like produce an Icelandic right

1124
01:02:47.800 --> 01:02:51.719
<v Speaker 2>epic poem, produce Nordic haiku? What did you ask it for?

1125
01:02:52.280 --> 01:02:55.360
<v Speaker 3>I'm taking a break from that temporarily for an ending

1126
01:02:55.440 --> 01:02:57.800
<v Speaker 3>that I just love borrowed from you know who, and

1127
01:02:57.880 --> 01:03:00.719
<v Speaker 3>it is thank you for your attempt into this matter.

1128
01:03:01.559 --> 01:03:39.679
<v Speaker 3>By wire Ricochet, join the conversation
