WEBVTT - Interview Only w/ Sarah Isgur - Is The Supreme Court Truly “The Last Branch Standing”? 0:00:00.080 --> 0:00:02.040 This episode of the Chuck Podcast is brought to you 0:00:02.080 --> 0:00:04.440 by Ethos and what Ethos does is it helps you 0:00:04.559 --> 0:00:06.880 find life insurance. Let me tell you why life insurance 0:00:07.000 --> 0:00:09.360 bailed me out. My father died when I was sixteen. 0:00:09.720 --> 0:00:11.680 We didn't have a lot of money when it happened, 0:00:11.800 --> 0:00:14.640 and we were in a pretty tough financial spot after 0:00:14.800 --> 0:00:18.520 it happened. I'm an only child. Suddenly my mother's single, 0:00:18.680 --> 0:00:21.360 single mother. She had a job, suddenly lost a job, 0:00:21.400 --> 0:00:23.799 looking for another job, and we were struggling. You know, 0:00:23.880 --> 0:00:26.720 my dad didn't leave us in the best financial situation, 0:00:27.040 --> 0:00:29.080 but he did make one purchase. He bought a life 0:00:29.120 --> 0:00:32.680 insurance policy. Wasn't a huge chunk of change, but it 0:00:32.760 --> 0:00:35.080 was enough when we found it. And when I say 0:00:35.120 --> 0:00:36.839 we found it, meaning we went through his desk and 0:00:36.840 --> 0:00:38.560 we found, oh, look at this, let's see if there's 0:00:38.600 --> 0:00:41.520 anything here. And it helped us out at a time 0:00:41.560 --> 0:00:43.720 that we really needed it. And that's why I think 0:00:43.720 --> 0:00:47.319 it's important that if you can, especially if you have 0:00:47.400 --> 0:00:50.000 young children, if you can get life insurance, you should 0:00:50.000 --> 0:00:54.400 get it. Life is full of unexpected emergencies, unexpected things happen. 0:00:55.080 --> 0:00:58.000 It is an extra bit of security, something you can 0:00:58.160 --> 0:01:00.760 leave and help out at a time when you're not 0:01:01.000 --> 0:01:03.880 you're not there to help. So what does Ethos do well. 0:01:03.880 --> 0:01:07.000 Ethos makes getting life insurance fast and easy, and it's 0:01:07.000 --> 0:01:09.360 one hundred percent online. You can get a quote in seconds, 0:01:09.440 --> 0:01:11.319 you can apply in minutes, and you can get same 0:01:11.400 --> 0:01:14.160 day coverage. They will find you the right fit. There's 0:01:14.200 --> 0:01:16.480 no medical exam. You just answer a few simple health 0:01:16.520 --> 0:01:18.880 questions online. You can get up to three million dollars 0:01:18.920 --> 0:01:21.040 in coverage and some policies are as low as thirty 0:01:21.120 --> 0:01:23.880 dollars a month, and you'll get your lowest rate from 0:01:24.000 --> 0:01:27.440 their network of trusted carriers. So take ten minutes to 0:01:27.480 --> 0:01:31.000 get covered today with life insurance through Ethos. Get your 0:01:31.000 --> 0:01:34.760 free quote at ethos dot com slash chuck That is 0:01:34.880 --> 0:01:40.240 e t hos dot com slash chuck. Application times may 0:01:40.319 --> 0:01:47.600 vary and rates may vary. Well. If you remember my 0:01:47.680 --> 0:01:50.240 interview with Sarah Isker Oh, I want to say like 0:01:50.280 --> 0:01:54.400 four months ago. She we promt soon when her book 0:01:54.440 --> 0:01:57.440 came out because we had more to debate. In fact, 0:01:57.480 --> 0:02:00.400 I had a weird idea for her about how to 0:02:00.440 --> 0:02:03.440 fix the judiciary, and we're going to get to that. 0:02:03.560 --> 0:02:06.640 But her book is out. It is called the last 0:02:06.680 --> 0:02:11.200 branch standing. For those of you who aren't familiar with Sarah, 0:02:11.280 --> 0:02:16.600 she's currently part of the Dispatch. If you're a podcast obsessor, 0:02:16.639 --> 0:02:19.760 you might listen to the Advisory Opinion podcast with her 0:02:19.760 --> 0:02:23.040 and David French it is. She's sort of the legal 0:02:23.919 --> 0:02:28.080 expert of all things legal for the Dispatch. She has 0:02:28.120 --> 0:02:33.400 worked at the Justice Department in a previous administration, and 0:02:33.440 --> 0:02:35.960 I guess would try to describe herself as right of center, Sarah, 0:02:35.960 --> 0:02:36.920 how would you describe. 0:02:36.639 --> 0:02:39.400 Yourself without a party? 0:02:40.720 --> 0:02:45.440 Conservative, whatever that means today? That's when you say, you know, 0:02:45.480 --> 0:02:47.920 it's interesting, you know, let's I want to steal on 0:02:47.960 --> 0:02:48.600 this a minute. 0:02:48.880 --> 0:02:49.960 Yeah, because. 0:02:51.360 --> 0:02:54.000 And I bet you you've had a conversation similar conversation 0:02:54.040 --> 0:02:59.240 with Joanah Goldberg. And on one level, we're all liberals correct, right, 0:02:59.520 --> 0:03:02.320 because we believe in liberal. 0:03:04.080 --> 0:03:07.079 Correct. That's why I'm conservative, because I'm a liberal, which 0:03:07.120 --> 0:03:08.399 I know is the weirdest phrase ever. 0:03:08.480 --> 0:03:11.640 But actually people that are trying to understand that, how 0:03:11.639 --> 0:03:12.040 would you. 0:03:12.560 --> 0:03:16.760 Talk about this in the book too? Because people try 0:03:16.960 --> 0:03:19.720 to think about the court or the media sometimes covers 0:03:19.760 --> 0:03:24.280 the court like they cover Congress, and I'm like, yes, 0:03:24.560 --> 0:03:29.240 there's an ideological spectrum on the court, and yes it's 0:03:29.919 --> 0:03:33.040 conservative to liberal, but it doesn't map onto our politics 0:03:33.080 --> 0:03:37.360 particularly well. It maps far better onto what you're talking about, 0:03:37.480 --> 0:03:41.680 or sort of the actual like political science spectrum where 0:03:41.840 --> 0:03:46.480 you have anarchy on the one side and statism on 0:03:46.520 --> 0:03:49.160 the other side. All of us are in the middle 0:03:49.200 --> 0:03:55.040 of that spectrum somewhere, and we hold wildly contradictory views. 0:03:56.480 --> 0:04:03.280 You know, limiting a border, you know, or maybe guns 0:04:03.360 --> 0:04:10.600 is a better example. Uh, gun regulation is statist, but uh, 0:04:10.680 --> 0:04:14.520 you know, free speech is anarchy, right, and so you 0:04:14.560 --> 0:04:16.719 can have all sorts of things that you can plot 0:04:16.760 --> 0:04:20.640 along that line. Uh So the reason I'm a conservative, 0:04:20.680 --> 0:04:24.200 Conservatism is like that line right in the middle where 0:04:24.200 --> 0:04:26.960 it's like status quo. Before we change anything, I want 0:04:27.000 --> 0:04:28.800 us to think really hard about it, because we've got 0:04:28.800 --> 0:04:31.200 a pretty good country and a pretty good life, and 0:04:31.240 --> 0:04:34.200 if we make changes, I want to make small changes. 0:04:34.279 --> 0:04:37.080 See look around, like, is everything still okay? What what 0:04:37.120 --> 0:04:40.080 were the second third order effects? Okay? Good? That was good. 0:04:40.160 --> 0:04:42.919 Let's make another little change then. So that's what I 0:04:42.960 --> 0:04:45.240 mean by a conservative, because I'm liberal. 0:04:45.600 --> 0:04:47.680 So what would you so I called my I don't 0:04:48.000 --> 0:04:49.560 so what I you know, A lot of people try 0:04:49.600 --> 0:04:52.719 to call me a centrist. You know, let's say you know, 0:04:52.960 --> 0:04:55.200 or they moderate or I get that. 0:04:55.240 --> 0:04:56.760 I've heard people call you all sorts of things. 0:04:57.000 --> 0:04:59.200 I've had. I've had a lot of names, but like 0:04:59.200 --> 0:05:01.520 those that are like some I'm serious about it. Somebody 0:05:01.560 --> 0:05:04.000 called me, you know, I'm gonna name drop here because 0:05:04.040 --> 0:05:06.360 you know that's what we do now as influencers. Right. 0:05:06.839 --> 0:05:11.000 Bono called me a radical centrist, and I've always. 0:05:10.640 --> 0:05:12.839 That's actually the best name drop i've. 0:05:13.880 --> 0:05:16.800 Yeah, yeah, And it was at. 0:05:16.720 --> 0:05:21.320 One of these way So I in my book in 0:05:21.400 --> 0:05:23.920 that I have little mini chapters for each of the justices. 0:05:24.520 --> 0:05:29.560 And Brett Kavanaugh's biggest regret in life is that when 0:05:29.560 --> 0:05:32.599 he was staff secretary for George W. Bush, he didn't 0:05:32.640 --> 0:05:35.640 ask for a picture with Bono. He was like, you know, 0:05:35.640 --> 0:05:38.359 I'm a staffer. I'm supposed to be like serious, and 0:05:38.400 --> 0:05:39.960 He's like, it was a huge mistake. 0:05:40.279 --> 0:05:42.080 Can I just tell you the single by the quick 0:05:42.120 --> 0:05:44.320 eyed side I'm working at the White House, or what 0:05:44.360 --> 0:05:46.880 I did covering the White House. The piece of advice 0:05:46.920 --> 0:05:51.480 I got was always have a stash of baseballs in 0:05:51.839 --> 0:05:54.240 your work area because you never know who's coming to 0:05:54.240 --> 0:05:57.360 the White House on any given name, and so I 0:05:57.400 --> 0:06:00.960 took that advice. I got you know, you know, ended 0:06:01.040 --> 0:06:03.440 up with Willie Mays, ended up with stand Usual, ended 0:06:03.520 --> 0:06:06.320 up within Scully Like it was just like it was 0:06:06.800 --> 0:06:10.200 now I cheaped out and they were Dick's Baseball's not 0:06:10.279 --> 0:06:13.040 official Major League Baseball, so they're not worth as much 0:06:13.080 --> 0:06:14.240 on the quote open market. 0:06:14.279 --> 0:06:15.840 But please say you're not throwing them. 0:06:15.880 --> 0:06:18.800 So like what my and my Willie May's autograph was, 0:06:19.200 --> 0:06:20.919 I got that one on Air Force one. How do 0:06:20.920 --> 0:06:21.920 you like them apples? Right? 0:06:22.040 --> 0:06:25.839 Like, you know, yeah, I so at DJ, we did 0:06:25.920 --> 0:06:28.359 not have as many celebrities coming through. In fact, we 0:06:28.400 --> 0:06:30.719 sort of frown on letting anyone in the building. But 0:06:30.800 --> 0:06:33.760 if you remember, at the peak of the Mueller investigation, 0:06:33.960 --> 0:06:37.480 the Washington Post like went out to artists and was 0:06:37.520 --> 0:06:41.359 like do your art but about d O J. And 0:06:42.040 --> 0:06:44.680 this is actually an incredible song. I highly recommend it. 0:06:44.680 --> 0:06:49.240 It's called Mister Peepers by Ben Folt of previous Ben 0:06:49.279 --> 0:06:53.200 Folds five. Yeah, and I really really loved the song, 0:06:53.320 --> 0:06:55.760 like genuinely, I just think it's a great song. I 0:06:55.800 --> 0:06:57.920 will tell you, Like I listened to it so often. 0:06:58.040 --> 0:07:02.520 Spotify is like, oh, you're no one, So I was like, 0:07:02.960 --> 0:07:06.040 we're going to find Ben Folds, and I did, and 0:07:06.080 --> 0:07:10.480 he came to DOJ and we had an exchange. We 0:07:10.600 --> 0:07:15.920 signed constitutions for him and he signed a little like 0:07:16.160 --> 0:07:18.360 LP of his record, Mister Peepers for us. 0:07:19.560 --> 0:07:22.040 That's so good. You know, that does mean I'm just 0:07:22.040 --> 0:07:23.680 gonna have to go listen to Mister Peepers. Now, I've 0:07:23.720 --> 0:07:24.480 got to understand. 0:07:25.600 --> 0:07:29.679 So ben Folds is like a very high IQ guy. Yeah, 0:07:29.720 --> 0:07:34.480 And the song basically makes the illusion of Rod Rosenstein 0:07:34.720 --> 0:07:38.760 to Lord of the Flies and Piggy with the glasses, 0:07:39.280 --> 0:07:42.440 and that they're all trying to kill Piggy and like 0:07:42.520 --> 0:07:45.200 this fragile young Republic is actually one of the lyrics. 0:07:45.240 --> 0:07:48.960 Of course, quoting Benjamin Franklin, it is a smart song, 0:07:49.000 --> 0:07:52.120 like they should study it in English literature class. 0:07:52.160 --> 0:07:55.680 So, boy, I love having you mine because it's all 0:07:55.720 --> 0:07:58.440 rabbit holes. But if we're going to go off on 0:07:58.520 --> 0:08:02.480 this rabbit hole, I've got two songs that fit that 0:08:02.560 --> 0:08:06.640 category of sort of like Joey Ramone did a song 0:08:06.680 --> 0:08:13.280 called Maria Bartiromo No and right, It's fantastic. It's it's 0:08:13.320 --> 0:08:15.440 all about he was obsessed with it was back when 0:08:15.440 --> 0:08:18.720 she was at CNBC. Yeah, and he was obsessed with CNBC. 0:08:18.800 --> 0:08:21.800 He was watching all of his investments and literally there's 0:08:21.840 --> 0:08:25.200 a lyric, what's happening at the stock market? You know, 0:08:25.560 --> 0:08:28.480 Maria Bartiromo. 0:08:28.120 --> 0:08:29.480 She does have a lyrical name. 0:08:30.520 --> 0:08:34.559 It is a riot and it's like again like when 0:08:34.600 --> 0:08:37.600 you hear it, it's just like what's happening on squat box? 0:08:37.840 --> 0:08:40.160 And he did this, like you know he's dead. He 0:08:40.200 --> 0:08:42.840 did this is like twenty years ago. He did this song. 0:08:43.240 --> 0:08:45.800 And I remember I early on at NBC. I prepped 0:08:45.800 --> 0:08:49.720 her for a debate, and you know when I was 0:08:49.720 --> 0:08:54.040 his political director, and she didn't have the greatest sense 0:08:54.080 --> 0:08:56.320 of humor about it. I thought she would. I was 0:08:56.360 --> 0:08:58.240 like really fired up, and you know. 0:08:59.240 --> 0:09:01.400 I think it's kind of better than but like it's 0:09:01.480 --> 0:09:04.760 like being parodied on SNL, where you're like, that's you've a. 0:09:04.920 --> 0:09:06.080 Right, They've arrived. 0:09:06.360 --> 0:09:09.120 Joey Ramon, I mean, oh my god. 0:09:11.160 --> 0:09:15.600 And the other one is Arim did a song. Do 0:09:15.600 --> 0:09:18.440 you remember the weird Dan Rather? And you're a little 0:09:18.480 --> 0:09:20.000 bit younger than I am, so you might not remember this. 0:09:20.080 --> 0:09:21.920 So one day Dan Rather is done with the news, 0:09:21.960 --> 0:09:23.880 and I guess he gets mugged. One night in New 0:09:23.960 --> 0:09:27.360 York walking home or something, and he talked about getting mugged, 0:09:27.360 --> 0:09:29.439 and he said the guy kept saying, what's the frequency? 0:09:29.520 --> 0:09:34.200 Kenneth and ari Em did an entire song called What's 0:09:34.200 --> 0:09:36.880 the Frequency kenn And it's just such. 0:09:36.640 --> 0:09:40.400 A little dark but yeah, but it's I guess. 0:09:40.440 --> 0:09:42.240 The song is one of those I never get out 0:09:42.240 --> 0:09:44.839 of my head and for anybody, I think hopefully I 0:09:44.880 --> 0:09:46.839 put him in so that we by the way, I 0:09:46.840 --> 0:09:49.720 think we could create a playlist of some of these life. 0:09:49.559 --> 0:09:52.920 Like political songs. Well, just so you know, Rod Rosenstein 0:09:53.000 --> 0:09:56.760 actually like loves mister Peepers, and he and I talk. 0:09:57.200 --> 0:09:58.600 I don't want to say like every day, but like 0:09:58.640 --> 0:10:00.920 close to every day, is that right? We will, yeah, 0:10:00.920 --> 0:10:04.360 we will sometimes just still exchange lyrics from mister Peevers. 0:10:04.520 --> 0:10:08.280 It's fantastic. So after we got derailed, I was going 0:10:08.320 --> 0:10:12.240 to ask you, I call myself an incrementalist, not a centrist, 0:10:12.760 --> 0:10:15.319 not anything. I could just say incrementalists for the reason 0:10:15.320 --> 0:10:18.120 you just described yourself as small C conservative, which you 0:10:18.120 --> 0:10:20.800 could argue, which is I believe for a country of 0:10:20.800 --> 0:10:24.520 three hundred fifty million people that you know, sometimes we'll 0:10:24.559 --> 0:10:29.000 move to do something progressive. Sometimes we'll do something you know, 0:10:29.440 --> 0:10:32.480 more libertarian. That to me is the real sort of distinction. Right, 0:10:32.480 --> 0:10:35.480 are we going to have less government involvement more government involvement? Right? 0:10:36.400 --> 0:10:39.920 I'm willing to experiment if there's consensus, but only a 0:10:39.920 --> 0:10:42.400 baby step at a time. So what would you call 0:10:42.480 --> 0:10:43.640 where would you put me? Yeah? 0:10:43.840 --> 0:10:45.800 In law, we would call that. You'd be a Burkian 0:10:45.880 --> 0:10:51.280 minimalist no revolutions. In the book I describe I have 0:10:51.360 --> 0:10:53.440 this like spectrum for the justices, Like, yes, there's an 0:10:53.440 --> 0:10:59.240 ideological spectrum, but there's also this institutionalist incrementalist spectrum, and 0:10:59.280 --> 0:11:01.320 I sort of call it aim small miss small if 0:11:01.360 --> 0:11:06.200 you remember from the movie The Patriot. Okay, so if 0:11:06.200 --> 0:11:09.880 we were doing the BuzzFeed quiz of which justice are you? 0:11:10.880 --> 0:11:14.640 Based on that spectrum alone, we've narrowed you down actually 0:11:14.760 --> 0:11:18.320 quite a bit. So you are down to the chief 0:11:18.920 --> 0:11:20.320 Cavanaugh and Kagan. 0:11:21.080 --> 0:11:22.679 That would have been my guest too. 0:11:22.920 --> 0:11:25.080 Yeah, we could ask you some more questions and like 0:11:25.920 --> 0:11:26.720 which one? 0:11:26.600 --> 0:11:26.800 Yeah? 0:11:27.480 --> 0:11:30.720 Yeah, So you know, do you think that you have 0:11:30.800 --> 0:11:34.320 a unique perspective and you like to make sure that 0:11:34.360 --> 0:11:38.120 people understand you because you don't like being misunderstood or 0:11:38.120 --> 0:11:41.080 people assuming what you think that that sounds like you 0:11:41.120 --> 0:11:43.760 to me, like, I mean, given your job, right, Like, 0:11:44.920 --> 0:11:46.720 so that knocks out the chief right. 0:11:47.640 --> 0:11:50.880 Somewhere between can and Kagan. Yeah, it's funny you say that, 0:11:50.920 --> 0:11:52.480 because I remember, and I think you and I have 0:11:52.520 --> 0:11:58.199 had a I remember believing and I I remember Susan 0:11:58.280 --> 0:12:03.320 Collins saying this to a source of mind. I couldn't 0:12:03.360 --> 0:12:05.360 directly confirm it with her, but it was sort of 0:12:06.120 --> 0:12:08.800 she said, I think Kagan and Kavanaugh will be the 0:12:08.800 --> 0:12:10.560 new center of the court, and that was always her 0:12:10.640 --> 0:12:14.079 rationale for supporting Tavanah, and that she believed that the 0:12:14.120 --> 0:12:17.080 two of them were fairly close, and that they were 0:12:17.080 --> 0:12:20.680 professionally close, and that that would they would be the center. 0:12:21.160 --> 0:12:23.400 And I think the open question has always been did 0:12:23.400 --> 0:12:28.480 the confirmation process have an impact on Kavanaugh that changed 0:12:28.520 --> 0:12:31.800 that mindset? And you know, I know you that's incredible. 0:12:31.840 --> 0:12:36.200 I think is right. He is in the majority more 0:12:36.240 --> 0:12:39.960 than any other justice in the modern era, including the 0:12:40.040 --> 0:12:43.760 justice that he replaced, more than Sandred O'Connor, more than 0:12:43.800 --> 0:12:47.160 Anthony Kennedy, which is wild because we always saw it that. 0:12:47.080 --> 0:12:49.080 Majority maker for the longest time, Right. 0:12:48.960 --> 0:12:52.679 He was the majority maker, right, And I think that 0:12:53.240 --> 0:12:56.760 thinking of Kagan as the center of the Court. Maybe 0:12:56.760 --> 0:13:00.000 that's not the right word, but she plays far more 0:13:00.160 --> 0:13:02.280 of a role behind the scenes than I think people 0:13:02.440 --> 0:13:04.400 realize because all they're seeing is the vote tally and 0:13:04.440 --> 0:13:09.720 they don't think a lot about Kagan is a strategic player, right, 0:13:10.000 --> 0:13:12.120 which solicitor general taking? 0:13:12.320 --> 0:13:14.240 Yeah? How many solicitor generals are on the court? 0:13:14.360 --> 0:13:19.079 Former solicitor generals, actual solicitor general. It's just her, just 0:13:19.160 --> 0:13:23.199 her us Some of them served in the solicitor General's office. 0:13:23.520 --> 0:13:28.439 So Alito and Roberts had both been assistant solicitors General. 0:13:28.920 --> 0:13:33.520 Okay, do you think that makes you more likely to 0:13:33.559 --> 0:13:37.079 be more collaborative if you're in that solicitor general role 0:13:37.200 --> 0:13:40.920 or not? And that's always is that still the tenth justice? 0:13:40.960 --> 0:13:43.280 That's always been the joke, Right, it's the tenth justice. 0:13:44.120 --> 0:13:46.520 I don't think after this administration that is. 0:13:48.880 --> 0:13:49.080 Fair. 0:13:49.679 --> 0:13:53.160 Yeah, it's just not right now. They do not sort 0:13:53.160 --> 0:13:57.640 of give that person the There was like a conversationalism 0:13:57.679 --> 0:13:59.520 to it. I'm like, yeah, yeah, we saw you last week, 0:13:59.600 --> 0:14:03.880 casual mother. Anyway, what are you here to talk about today? Right, 0:14:04.559 --> 0:14:12.240 that's not happening anymore. But I think the bigger thing 0:14:12.280 --> 0:14:14.360 that you're getting at, actually that has a bigger effect 0:14:14.440 --> 0:14:17.240 is that they worked in the executive branch, and a 0:14:17.280 --> 0:14:19.920 lot of the current justices worked in the executive branch. 0:14:20.200 --> 0:14:22.720 You compare this court to the court that decided like 0:14:22.920 --> 0:14:27.120 Brown v. Board of Education. The Brown v. Board of 0:14:27.240 --> 0:14:30.200 Education court had first of all, eight of them had 0:14:30.200 --> 0:14:32.840 served in the military. That's not surprising, right, We're in 0:14:32.880 --> 0:14:36.360 the wake of World War two. Five of them had 0:14:36.920 --> 0:14:41.360 held elected office, a governor and some senators and a congressman. 0:14:41.920 --> 0:14:45.080 Two of them had been attorneys general. One of them 0:14:45.200 --> 0:14:48.200 didn't have a law degree. Five of them had graduated 0:14:48.280 --> 0:14:52.920 from a public law school. You know, compare that to 0:14:52.960 --> 0:14:56.280 the court we have now six of them clerked on 0:14:56.360 --> 0:15:00.640 the Supreme Court. Almost all went to Ivy League schools 0:15:00.640 --> 0:15:03.560 except for Justice Barrett. Almost all of them have worked 0:15:03.600 --> 0:15:09.120 in the executive branch. None had any serious jobs in Congress, though, 0:15:09.160 --> 0:15:13.280 for instance, Elena Kagan at one point briefly worked on 0:15:13.400 --> 0:15:17.040 Ruth Bader Ginsburg's confirmation in the Senate Judiciary Committee. That's 0:15:17.080 --> 0:15:21.960 not like representing Article one in any way. And I 0:15:21.960 --> 0:15:26.000 think we've lost something as we've really narrowed that resume 0:15:26.440 --> 0:15:30.680 into the Supreme Court. Three of the justices replaced the 0:15:30.800 --> 0:15:34.200 Justice they clerked for So the chief replaced the Chief, 0:15:34.480 --> 0:15:39.640 Kate Kavanaught replaced Kennedy Jackson replaced Brier. And when we 0:15:39.680 --> 0:15:43.040 talk about an Alito retirement, do you know who's number 0:15:43.040 --> 0:15:47.160 one on the list for replacements Judge Andy Oldham, one 0:15:47.200 --> 0:15:49.800 of his former clerks. Because one way to convince a 0:15:49.840 --> 0:15:52.960 Supreme Court justice to retire is to say, don't worry, 0:15:53.160 --> 0:15:56.560 your legacy will continue. We'll pick one of your clerks. 0:15:56.840 --> 0:15:59.240 And that has really encouraged some of these justices to 0:15:59.320 --> 0:16:01.480 step down in a very recent past. 0:16:01.960 --> 0:16:05.480 So the thing that bothers me the most about this 0:16:05.640 --> 0:16:10.480 court since Sandradale O'Connor left is the lack of experience 0:16:10.640 --> 0:16:15.320 on the campaign trail you are deciding issues, Chuck. 0:16:15.280 --> 0:16:18.200 You want me to be a Supreme Court I'm so flattered. 0:16:18.600 --> 0:16:21.160 Well there you go, Yes I do. I would look 0:16:22.520 --> 0:16:27.360 whether understanding the impact of your rulings and how they 0:16:27.520 --> 0:16:31.880 might play in the real world. I'm sorry, what you 0:16:32.040 --> 0:16:34.640 just described are nine people that do not live in 0:16:34.680 --> 0:16:38.880 the normal world. Have not really Washington is its own 0:16:38.960 --> 0:16:42.960 bizarre ecosystem, as you and I both both know. So 0:16:43.760 --> 0:16:50.000 you know, you know, I took some solace in the 0:16:50.040 --> 0:16:55.760 fact that at least Sandrade O'Connor had had asked for 0:16:55.800 --> 0:17:01.640 somebody's vote, would understand how the average person deals with 0:17:01.680 --> 0:17:03.800 a Supreme Court ruling and how it can impact their 0:17:04.119 --> 0:17:07.040 way of life. We have gotten rid of that because 0:17:07.040 --> 0:17:08.919 there's so many right, we're so in a weird way. 0:17:08.960 --> 0:17:12.840 The polarization is made touching elected officials impossible, right, they 0:17:12.840 --> 0:17:15.439 seem like they'd be impossible to confirm. That's why you 0:17:15.480 --> 0:17:19.640 don't do it. I guess the last semi serious elected 0:17:19.680 --> 0:17:23.920 official considered is it? Is it Bruce Babbitt? Right? Was 0:17:23.960 --> 0:17:26.400 it Mario Cuomo? I don't know. Bruce Babbitt, Well, don't 0:17:26.440 --> 0:17:26.960 forget that. 0:17:27.200 --> 0:17:29.359 Donald Trump said that he would put ted Cruz on 0:17:29.359 --> 0:17:31.280 the Senate because it would make all the other senators 0:17:31.320 --> 0:17:31.800 so happy. 0:17:33.040 --> 0:17:36.199 I look at Alito opening feels very likely to me. 0:17:36.880 --> 0:17:38.240 It's the summer, and if I. 0:17:38.240 --> 0:17:41.560 Were, it's very likely, whether it's this summer or next summer. 0:17:41.600 --> 0:17:42.960 Like it may not be this summer. 0:17:43.480 --> 0:17:45.719 Well, yes, it may need to be this summer. 0:17:46.640 --> 0:17:47.000 It may. 0:17:47.080 --> 0:17:50.320 I mean, I think if you look, the Senate seems 0:17:50.359 --> 0:17:51.840 more in play every day. 0:17:52.320 --> 0:17:53.120 Thank you Texan. 0:17:54.000 --> 0:17:56.280 Well it's not just Texas now, right, You got Montana, 0:17:56.320 --> 0:17:59.080 you got Iowa, yet main in North Carolina already got 0:17:59.240 --> 0:18:01.240 already gone, right, so now they just need to find 0:18:01.920 --> 0:18:05.040 two more Ohio and Alaska. Look competitive, you've got textas 0:18:05.080 --> 0:18:08.600 you got. I mean, point is I think, look, the 0:18:08.640 --> 0:18:12.040 prediction markets already have Democrats favored to pick up the Senate. 0:18:12.080 --> 0:18:16.439 I think that's a little over uh over exuberant, but 0:18:16.520 --> 0:18:19.560 I understand that sentiment. It certainly looks that way. And 0:18:19.640 --> 0:18:23.520 in fact, if I were Donald Trump and I were 0:18:23.560 --> 0:18:27.359 thinking about ways to goose turnout in the midterms, Supreme 0:18:27.400 --> 0:18:29.960 Court opening would be one thing I would consider. 0:18:31.520 --> 0:18:34.720 There is no question that this White House is very 0:18:34.760 --> 0:18:38.800 eager to have a Supreme Court opening and lower court openings. 0:18:41.320 --> 0:18:44.000 They are putting the word out, uh, you know, let's 0:18:44.080 --> 0:18:44.840 let's do this. 0:18:45.600 --> 0:18:48.280 We will Who's who's more likely? 0:18:48.760 --> 0:18:51.920 Definitely Aldo Thomas has basically signaled that he does not 0:18:52.040 --> 0:18:57.119 intend to go, so stop bugging him. But this is 0:18:57.160 --> 0:18:59.800 why when everyone's talking about like, will Trump pick like 0:18:59.840 --> 0:19:02.919 a total lunatic to put on the court? Trump may 0:19:03.000 --> 0:19:05.080 want to put a total lunatic on the court, don't 0:19:05.080 --> 0:19:10.480 get me wrong, But if they need to coax Alito 0:19:10.640 --> 0:19:14.080 off the bench, they may have a bit of their 0:19:14.119 --> 0:19:17.639 hands tied. That may be part of the deal that 0:19:17.680 --> 0:19:21.280 they make, you know, if you retire. Now here's the person, 0:19:23.320 --> 0:19:25.919 and so that may guarantee that we get a normy 0:19:26.200 --> 0:19:27.919 like a judge and yolda. Now you may think you 0:19:27.960 --> 0:19:30.760 may not like his opinions or whatever, but like he 0:19:30.880 --> 0:19:33.560 is a circuit judge with all the resume and everything 0:19:33.600 --> 0:19:36.680 as a very normal pick, you know, in terms of that. 0:19:40.760 --> 0:19:43.080 This episode of the Chuck Podcast is brought to you 0:19:43.119 --> 0:19:47.000 by Wild Grain. Wild Grain is the first bake from 0:19:47.119 --> 0:19:52.000 frozen subscription box for sour dough breads, artisonal pastries and 0:19:52.040 --> 0:19:55.479 fresh pastas, plus all the items conveniently baked in twenty 0:19:55.560 --> 0:19:59.480 five minutes or less. Unlike many store brought options, Wild 0:19:59.520 --> 0:20:02.359 Grain this is some simple ingredients you can pronounce and 0:20:02.480 --> 0:20:06.040 a slow fermentation process that can be a lot easier 0:20:06.080 --> 0:20:08.679 on your belly, little gut health there right, and richer 0:20:08.760 --> 0:20:13.200 in nutrients antioxidants. There's also no preservatives and no shortcuts. 0:20:13.240 --> 0:20:16.280 The Wild Grain boxes are fully customizable. In addition to 0:20:16.359 --> 0:20:18.800 their variety box, they have a gluten free box, a 0:20:18.920 --> 0:20:22.760 vegan box, and a new protein box. I will tell 0:20:22.840 --> 0:20:25.320 you I have done the gluten free box. I have 0:20:25.400 --> 0:20:28.560 done it a second time. I have also used the 0:20:28.600 --> 0:20:32.080 code the todcast code. You use the promo code podcast 0:20:32.160 --> 0:20:35.520 at check out, you get thirty dollars off. I've already 0:20:35.600 --> 0:20:38.719 used it as a gift to somebody else who loves 0:20:38.800 --> 0:20:41.919 this bread. It is hard to find good gluten free bread. 0:20:42.000 --> 0:20:45.360 It is fantastic. They give you step by step instructions. 0:20:45.640 --> 0:20:49.000 I really dig this. There is nothing like having an 0:20:49.119 --> 0:20:52.760 artesian bakery in your freezer to chase away the winter chill. 0:20:52.840 --> 0:20:55.080 Now is the best time to stay in and enjoy 0:20:55.200 --> 0:20:59.280 some comforting homemade meals with Wild Grain. I obviously highly 0:20:59.320 --> 0:21:02.480 recommend it. It is worth giving Wildgreen to try. Right now, 0:21:02.520 --> 0:21:05.280 Wildgrain is offering my listeners thirty dollars off your first 0:21:05.320 --> 0:21:09.320 box plus free croissants for life. Come on when you 0:21:09.359 --> 0:21:12.800 go to wildgrain dot com slash podcast to start your 0:21:12.800 --> 0:21:16.040 subscription today. That's thirty dollars off your first box and 0:21:16.200 --> 0:21:19.399 free croissants for life when you visit wildgrain dot com 0:21:19.440 --> 0:21:23.800 slash podcast, or simply use the promo code podcast at checkout. 0:21:24.200 --> 0:21:30.760 This is a sponsor I absolutely embrace, so use that code. 0:21:31.800 --> 0:21:36.040 The story about Alito and that health issue last month. 0:21:37.400 --> 0:21:39.240 You know I have a very good friend who was 0:21:39.280 --> 0:21:40.520 at that party, though. 0:21:40.680 --> 0:21:43.400 Can I be a little bit like that felt forced? 0:21:43.560 --> 0:21:45.560 That felt like a forced leak. 0:21:46.480 --> 0:21:52.440 Yes, okay, So basically as far as I have heard, again, 0:21:52.800 --> 0:21:54.760 this is not coming from the court or anything else, 0:21:54.920 --> 0:21:57.359 I have a friend who is at the event. It 0:21:57.400 --> 0:22:01.480 sounds like you got neurovirus at the party. So like 0:22:01.680 --> 0:22:04.240 he was, he was fine during the cocktail hour, and 0:22:04.280 --> 0:22:06.040 then suddenly he was not fine. If any of us 0:22:06.040 --> 0:22:09.040 have ever had neurovirus or have young children, were very 0:22:09.080 --> 0:22:12.240 aware of how that works. They were hours away from 0:22:12.280 --> 0:22:15.200