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Come in 18 00:00:58,160 --> 00:01:00,640 Speaker 1: and explore and see what other deals you can find. 19 00:01:02,640 --> 00:01:05,600 Speaker 1: I'm Kelly and for John and Ken, and I guess 20 00:01:06,319 --> 00:01:08,360 Speaker 1: we got to talk about the Supreme Court. We have 21 00:01:08,440 --> 00:01:11,000 Speaker 1: to talk about the Scotus. Is there anything else to discuss, 22 00:01:11,160 --> 00:01:14,720 Speaker 1: or is everything that we're going to discuss somehow connected 23 00:01:15,120 --> 00:01:19,520 Speaker 1: to the Supreme Court of these United States. We've all 24 00:01:19,600 --> 00:01:23,800 Speaker 1: got these varied and strong opinions about the Scotus. But 25 00:01:23,880 --> 00:01:27,560 Speaker 1: I wonder if our opinions collectively, I mean yours and 26 00:01:27,720 --> 00:01:32,800 Speaker 1: mine collectively, whether our opinions either matter or are a 27 00:01:32,920 --> 00:01:36,840 Speaker 1: function of actual constitutional knowledge. I wonder I look at 28 00:01:36,840 --> 00:01:40,160 Speaker 1: social media as you do, and I think, hmm, that's 29 00:01:40,240 --> 00:01:43,000 Speaker 1: not right, or hmmm. I wonder where they got that 30 00:01:43,160 --> 00:01:46,280 Speaker 1: idea from. And so it always inspires me to go 31 00:01:46,319 --> 00:01:49,240 Speaker 1: back and go to the source, find out where everything began, 32 00:01:49,480 --> 00:01:51,800 Speaker 1: how it began, how it's supposed to work, how it 33 00:01:51,920 --> 00:01:56,240 Speaker 1: is working now relative to how it was conceived and constructed. 34 00:01:57,080 --> 00:02:00,400 Speaker 1: So I went back to the Constitution itself. Our three 35 00:02:00,480 --> 00:02:03,919 Speaker 1: Section one of the Constitution states that the judicial power 36 00:02:03,960 --> 00:02:07,440 Speaker 1: of the United States shall be vested in one Supreme 37 00:02:07,480 --> 00:02:11,560 Speaker 1: Court and in such inferior courts as the Congress may, 38 00:02:11,680 --> 00:02:17,079 Speaker 1: from time to time ordain and establish close quote meaning, 39 00:02:17,120 --> 00:02:21,640 Speaker 1: although the Constitution establishes that there is a as in 40 00:02:21,760 --> 00:02:26,840 Speaker 1: singular Supreme Court, Congress gets to decide how it's set up. 41 00:02:27,720 --> 00:02:31,639 Speaker 1: Congress decides who gets confirmed to serve on it, how 42 00:02:31,639 --> 00:02:34,760 Speaker 1: many members, etc. That's up to Congress. Put it another way, 43 00:02:34,880 --> 00:02:37,760 Speaker 1: the Supreme Court, or at least this is just my analogy, 44 00:02:37,919 --> 00:02:40,760 Speaker 1: the Supreme Court is like an ikea bed. You gotta 45 00:02:40,800 --> 00:02:46,640 Speaker 1: put it together yourself. To that end, the Judiciary Act 46 00:02:46,880 --> 00:02:50,800 Speaker 1: of seventeen eighty nine was passed by Congress and signed 47 00:02:50,840 --> 00:02:55,000 Speaker 1: by President George Washington, establishing the Supreme Court of the 48 00:02:55,080 --> 00:02:59,720 Speaker 1: United States as a tribunal made up of six justices 49 00:03:00,120 --> 00:03:04,399 Speaker 1: who were to serve on the court until death or retirement. 50 00:03:05,120 --> 00:03:09,000 Speaker 1: Note I said six. Today they're nine, but I'll come 51 00:03:09,000 --> 00:03:13,160 Speaker 1: back to that. And it wasn't even until eighteen oh three, 52 00:03:13,280 --> 00:03:17,200 Speaker 1: some fourteen years later that the Supreme Court case Marbury 53 00:03:17,360 --> 00:03:20,480 Speaker 1: versus Madison established the principle of judicial review. If you're 54 00:03:20,520 --> 00:03:24,160 Speaker 1: a constitutional scholar, you know this already. I'm not talking 55 00:03:24,200 --> 00:03:27,160 Speaker 1: to you, I'm just talking everyone else. I'm talking to myself. 56 00:03:27,200 --> 00:03:29,560 Speaker 1: I'm not a constitutional scholar, so just let me have 57 00:03:29,639 --> 00:03:33,440 Speaker 1: this moment. But it established the principle of judicial review, 58 00:03:33,639 --> 00:03:36,040 Speaker 1: which is the power of the federal courts to declare 59 00:03:36,600 --> 00:03:43,120 Speaker 1: legislative and executive acts unconstitutional. There's that word, unconstitutional. The 60 00:03:43,240 --> 00:03:48,160 Speaker 1: Supreme Court was given the power of judicial review. Not you, 61 00:03:49,400 --> 00:03:56,000 Speaker 1: not me, not Dualla who who's producing tonight, Not Danda Bartender, 62 00:03:56,880 --> 00:04:01,240 Speaker 1: not Jeffrey Tubin on CNN, not Alan Dershowitz if you 63 00:04:01,240 --> 00:04:08,480 Speaker 1: should be on Fox News. Nobody justice Scotus. But think 64 00:04:08,480 --> 00:04:14,040 Speaker 1: about that. A Supreme Court case gave the Supreme Court, 65 00:04:14,080 --> 00:04:19,200 Speaker 1: in other words, gave itself the power of judicial review, 66 00:04:19,240 --> 00:04:23,800 Speaker 1: the power to decide what is constitutional what is unconstitutional. 67 00:04:24,320 --> 00:04:27,480 Speaker 1: Congress created the Supreme Court as we know it today, 68 00:04:27,920 --> 00:04:30,440 Speaker 1: not the Constitution. Now let me get back to that 69 00:04:30,520 --> 00:04:33,680 Speaker 1: original point. It originally had six members, not the present 70 00:04:33,800 --> 00:04:35,560 Speaker 1: day nine. What does that tell you? What does that 71 00:04:35,600 --> 00:04:39,320 Speaker 1: tell me? It's been expanded before. And talk about court packing. 72 00:04:39,440 --> 00:04:43,400 Speaker 1: It's been packed and unpacked before and since over the decades. 73 00:04:44,520 --> 00:04:45,880 Speaker 1: But let me go back to what I was saying 74 00:04:45,880 --> 00:04:49,159 Speaker 1: at the very top. We all have these opinions about 75 00:04:49,160 --> 00:04:52,440 Speaker 1: the Scotus, but they're mostly wrong. I mean, I always 76 00:04:52,440 --> 00:04:55,839 Speaker 1: say not all opinions are created equals. Some are more informed, 77 00:04:55,880 --> 00:04:58,880 Speaker 1: some are less informed, some are misinformed, some are all 78 00:04:58,920 --> 00:05:04,280 Speaker 1: together uninformed. Aren't opinions aren't created equal? People have all 79 00:05:04,320 --> 00:05:07,800 Speaker 1: sorts of opinions about what is or is not constitutional. 80 00:05:08,040 --> 00:05:11,480 Speaker 1: And here's the real point. None of them matter, not 81 00:05:11,520 --> 00:05:15,560 Speaker 1: even my opinions on what is constitutional. So going around 82 00:05:15,600 --> 00:05:20,240 Speaker 1: and yelling and demonstrating, are protesting about something being unconstitutional 83 00:05:20,440 --> 00:05:24,640 Speaker 1: just means you don't know what it means. Every federal 84 00:05:24,880 --> 00:05:33,040 Speaker 1: law past is by definition constitutional until up until the 85 00:05:33,279 --> 00:05:37,760 Speaker 1: moment the Supreme Court says it isn't. Did you get that? 86 00:05:39,360 --> 00:05:44,039 Speaker 1: Not your opinion of what something is unconstitutional? It is 87 00:05:44,160 --> 00:05:50,400 Speaker 1: constitutional by definition until it is ruled unconstitutional. And it 88 00:05:50,480 --> 00:05:53,240 Speaker 1: seems like today people think of the Supreme Court and 89 00:05:53,320 --> 00:05:59,200 Speaker 1: its decisions as only reflections of their personal politics. You know, 90 00:05:59,279 --> 00:06:01,279 Speaker 1: you know what I mean. You know what I mean. 91 00:06:01,680 --> 00:06:03,960 Speaker 1: A decision will be handed down and you say the 92 00:06:04,000 --> 00:06:08,080 Speaker 1: Supreme Court got it right. Why because it agrees with 93 00:06:08,160 --> 00:06:12,039 Speaker 1: you or you agree with it, or it reflects your 94 00:06:12,080 --> 00:06:16,640 Speaker 1: worldview or your political view, Not that there is some 95 00:06:17,080 --> 00:06:22,320 Speaker 1: precedent case precedent underlining your reasoning. Not that you can 96 00:06:22,400 --> 00:06:26,800 Speaker 1: see how they have used a case law in the 97 00:06:26,880 --> 00:06:31,880 Speaker 1: reflection of that opinion, that majority opinion. You just happen 98 00:06:31,920 --> 00:06:37,279 Speaker 1: to agree with it. But at best, the Supreme Court 99 00:06:37,760 --> 00:06:42,360 Speaker 1: is supposed to only rule on constitutionality not whether a 100 00:06:42,520 --> 00:06:48,279 Speaker 1: law is good or bad, or reflects conservative politics or 101 00:06:48,680 --> 00:06:53,440 Speaker 1: liberal politics, or could lead to bad unintended consequences. That's 102 00:06:53,480 --> 00:06:59,159 Speaker 1: the main thing. Laws can be both constitutional and bad 103 00:06:59,200 --> 00:07:05,560 Speaker 1: for America. Both constitutional and bad for America. They're not 104 00:07:05,680 --> 00:07:08,120 Speaker 1: mutually exclusive. It could be both. I mean, for example, 105 00:07:08,720 --> 00:07:12,320 Speaker 1: people who have been saying this week criminalizing abortion would 106 00:07:12,360 --> 00:07:15,400 Speaker 1: be bad for America. You know what that would do 107 00:07:15,720 --> 00:07:19,200 Speaker 1: for women. They would be putting themselves in jeopardy, women 108 00:07:19,240 --> 00:07:21,960 Speaker 1: are going to die, which may or may not be true. 109 00:07:22,120 --> 00:07:24,880 Speaker 1: Or they'll say limiting the EPA would be bad for 110 00:07:25,000 --> 00:07:30,880 Speaker 1: climate change. Maybe maybe, And that's why they're dissenting opinions 111 00:07:31,120 --> 00:07:35,040 Speaker 1: to highlight those thoughts when a decision comes down. But ultimately, 112 00:07:35,040 --> 00:07:37,440 Speaker 1: and it's the main point before I go to break. Ultimately, 113 00:07:37,480 --> 00:07:40,120 Speaker 1: the job, the responsibility of the Supreme Court is to 114 00:07:40,280 --> 00:07:46,760 Speaker 1: determine the constitutionality of a law with a specific court 115 00:07:46,800 --> 00:07:50,320 Speaker 1: case that it is being adjudicated around. There has to 116 00:07:50,360 --> 00:07:54,800 Speaker 1: be a specific case before the court, and then the 117 00:07:54,880 --> 00:07:58,840 Speaker 1: judgment is rendered. Now like overturning the remain in Mexico 118 00:07:58,880 --> 00:08:01,360 Speaker 1: asylum law, which will get into some people said that 119 00:08:01,400 --> 00:08:07,680 Speaker 1: will explode illegal immigration at the border. Maybe maybe, but 120 00:08:07,800 --> 00:08:09,960 Speaker 1: that has nothing to do with whether the president has 121 00:08:10,040 --> 00:08:15,000 Speaker 1: the authority to overturn such a measure that was before 122 00:08:15,120 --> 00:08:19,160 Speaker 1: the Supreme Court. Whether the president had the authority could 123 00:08:19,200 --> 00:08:22,000 Speaker 1: make the decision, not whether you would like the decision, 124 00:08:22,080 --> 00:08:24,760 Speaker 1: not whether you agree with the decision, not whether it 125 00:08:24,800 --> 00:08:28,840 Speaker 1: may negatively impact our immigration or illegal immigration at the 126 00:08:28,840 --> 00:08:34,320 Speaker 1: southern border. But my point is we often view constitutionality 127 00:08:34,320 --> 00:08:36,560 Speaker 1: through the lens of what we like, and that's just 128 00:08:36,640 --> 00:08:39,040 Speaker 1: not how it works. And because we do that, that's 129 00:08:39,040 --> 00:08:41,520 Speaker 1: why we get so worked up. We're going to talk 130 00:08:41,559 --> 00:08:43,280 Speaker 1: about the Scotus and so much more. We're gonna talk 131 00:08:43,280 --> 00:08:45,599 Speaker 1: about the laws here in California, what you're going to 132 00:08:45,640 --> 00:08:48,920 Speaker 1: take effect tomorrow. This is the John and Ken Show. 133 00:08:48,960 --> 00:08:50,640 Speaker 1: I'm O Kelly and for John and kink If. I 134 00:08:50,720 --> 00:08:54,040 Speaker 1: am six forty live everywhere on the iHeartRadio app and 135 00:08:54,080 --> 00:08:58,720 Speaker 1: I want to continue this discussion about the Scotus. It's 136 00:08:59,440 --> 00:09:03,040 Speaker 1: if you haven't been paying attention, this arguably, arguably was 137 00:09:03,120 --> 00:09:10,079 Speaker 1: the most consequential week regarding Scotus decisions in your lifetime, 138 00:09:10,880 --> 00:09:14,160 Speaker 1: in my lifetime, definitely unless you maybe seventy five eighty 139 00:09:14,280 --> 00:09:16,439 Speaker 1: years old and you can remember back to Brown versus 140 00:09:16,440 --> 00:09:21,280 Speaker 1: Board of Education this particular week. These decisions all handed 141 00:09:21,320 --> 00:09:26,040 Speaker 1: down this Scotus body. They didn't really punt on anything. 142 00:09:26,040 --> 00:09:28,640 Speaker 1: They didn't kick the can down the road with these 143 00:09:29,240 --> 00:09:31,920 Speaker 1: very narrow rulings. They put their whole foot in the 144 00:09:31,960 --> 00:09:34,120 Speaker 1: ass of the Constitution, you could say, or at least 145 00:09:34,120 --> 00:09:36,760 Speaker 1: that's how I would term it. I'm saying big rulings, 146 00:09:37,080 --> 00:09:41,400 Speaker 1: huge repercussions, game changing decisions, and a lot of the 147 00:09:41,400 --> 00:09:43,720 Speaker 1: country are very happy. Why going back to what I 148 00:09:43,720 --> 00:09:47,120 Speaker 1: said last segment, Because it reflects your personal politics, not 149 00:09:47,200 --> 00:09:51,480 Speaker 1: your knowledge of the Constitution. Two different things. It reflects 150 00:09:51,480 --> 00:09:58,200 Speaker 1: what you like and believe this country should be. That's 151 00:09:58,400 --> 00:10:04,559 Speaker 1: very different from a detailed analysis of the constitution, case precedent, 152 00:10:04,960 --> 00:10:10,479 Speaker 1: case law, and also the particular case before the court 153 00:10:10,520 --> 00:10:13,600 Speaker 1: and what it is ruling on and coming to the 154 00:10:13,640 --> 00:10:19,120 Speaker 1: determination that something is constitutional or unconstitutional, and then agreeing 155 00:10:19,240 --> 00:10:22,840 Speaker 1: or disagreeing with the decision. It's two very different things. 156 00:10:23,760 --> 00:10:26,760 Speaker 1: But our debate now, I think is more a function 157 00:10:26,800 --> 00:10:29,559 Speaker 1: of our social media. We only have one hundred and 158 00:10:29,600 --> 00:10:31,880 Speaker 1: eighty characters I think on Twitter, and I think our 159 00:10:31,960 --> 00:10:38,480 Speaker 1: debates are largely reminiscent or emblematic of our short attention 160 00:10:38,520 --> 00:10:41,640 Speaker 1: spans and our desire to hurry and get to the end. 161 00:10:42,760 --> 00:10:45,520 Speaker 1: A Supreme Court decision is usually very nuanced in nature, 162 00:10:45,559 --> 00:10:48,200 Speaker 1: or at least the discussion of it, and you have 163 00:10:48,280 --> 00:10:50,520 Speaker 1: to be willing to go to the depths of not 164 00:10:50,559 --> 00:10:55,520 Speaker 1: only the opinion, but the preceding case, the case law 165 00:10:56,320 --> 00:11:01,120 Speaker 1: which undergirds the foundation of the decision. And let's not 166 00:11:02,160 --> 00:11:07,080 Speaker 1: dismiss the obvious. If we had nine different justices on 167 00:11:07,120 --> 00:11:08,959 Speaker 1: that Supreme Court, actually if we only had three or 168 00:11:09,000 --> 00:11:13,160 Speaker 1: four different justices, either way, we may get a very 169 00:11:13,280 --> 00:11:18,199 Speaker 1: different decision. Why. Because the Constitution is subject to the 170 00:11:18,240 --> 00:11:24,120 Speaker 1: interpretation of the sitting justices, meaning the retired or dead justices, 171 00:11:24,160 --> 00:11:27,120 Speaker 1: if they were still around, they may have had very 172 00:11:27,280 --> 00:11:30,200 Speaker 1: different interpretations. I'm quite sure you give us the nine 173 00:11:30,240 --> 00:11:33,800 Speaker 1: justices who adjudicated Roe v. Way back in nineteen seventy three, 174 00:11:33,880 --> 00:11:37,840 Speaker 1: they probably would stand in opposition to the most recent decision. 175 00:11:38,720 --> 00:11:43,679 Speaker 1: The Constitution isn't absolute, The Constitution isn't perfect. Why because 176 00:11:43,679 --> 00:11:47,720 Speaker 1: it was created by imperfect people and it's being interpreted 177 00:11:47,720 --> 00:11:51,360 Speaker 1: by imperfect people. And there's another dimension to this. As 178 00:11:51,400 --> 00:11:53,920 Speaker 1: much as we want to deny it, as much we 179 00:11:54,000 --> 00:11:58,160 Speaker 1: want to argue that it isn't true. The Supreme Court 180 00:11:58,840 --> 00:12:04,760 Speaker 1: is fundamentally a political institution. Why, as I've already said, 181 00:12:05,679 --> 00:12:09,800 Speaker 1: it is birth in truth by Congress. The Senate gets 182 00:12:09,800 --> 00:12:13,240 Speaker 1: to decide who is going to be confirmed. The Congress 183 00:12:13,240 --> 00:12:15,800 Speaker 1: gets to decide how many people are going to be 184 00:12:15,920 --> 00:12:19,839 Speaker 1: on the Supreme Court. So fundamentally, by definition, it is 185 00:12:19,880 --> 00:12:24,280 Speaker 1: going to be a political body. There are political considerations. 186 00:12:24,480 --> 00:12:26,600 Speaker 1: Now more recently, we can go back to twenty sixteen 187 00:12:26,640 --> 00:12:31,079 Speaker 1: in the presidential debates where you had Donald Trump, Hillary Clinton, 188 00:12:31,440 --> 00:12:35,600 Speaker 1: and Donald Trump the private citizen said explicitly during the 189 00:12:35,640 --> 00:12:40,240 Speaker 1: presidential debate talking about abortion, that he was going to 190 00:12:40,360 --> 00:12:43,120 Speaker 1: nominate if he was elected, he was going to nominate 191 00:12:43,600 --> 00:12:47,439 Speaker 1: not one, not two, but he said possibly three anti abortion, 192 00:12:47,800 --> 00:12:52,560 Speaker 1: pro life justices to the Supreme Court. He's telling you, 193 00:12:52,679 --> 00:12:56,560 Speaker 1: or he told us back in twenty sixteen, explicitly, that 194 00:12:56,640 --> 00:12:58,840 Speaker 1: was his design and that was his goal. What does 195 00:12:58,880 --> 00:13:01,200 Speaker 1: that mean? Two things. One, he's going to appeal to 196 00:13:01,240 --> 00:13:03,880 Speaker 1: a certain base, in other words, to get their vote. 197 00:13:04,000 --> 00:13:06,320 Speaker 1: It was a popular line of rhetoric, and it's a 198 00:13:06,360 --> 00:13:10,720 Speaker 1: popular stance which would buoy him in his election chances. 199 00:13:10,880 --> 00:13:14,199 Speaker 1: So it's political in that nature, and it's also overtly 200 00:13:14,280 --> 00:13:17,960 Speaker 1: political in the sense of who would be considered for 201 00:13:18,240 --> 00:13:22,160 Speaker 1: the Supreme Court and how ultimately either he hopes they 202 00:13:22,200 --> 00:13:24,760 Speaker 1: would rule or the people who would vote for him 203 00:13:24,760 --> 00:13:28,480 Speaker 1: would rule. So understand that anything which happens on the 204 00:13:28,520 --> 00:13:32,319 Speaker 1: Supreme Court, or decision or judgment rendered by the Supreme Court, 205 00:13:32,440 --> 00:13:36,719 Speaker 1: it is inherently political. In other words, there are political 206 00:13:36,960 --> 00:13:39,720 Speaker 1: considerations which are made. It does not mean that the 207 00:13:39,800 --> 00:13:43,439 Speaker 1: Court cannot rise above politics. But just know that it 208 00:13:43,559 --> 00:13:47,000 Speaker 1: was birth in politics. And although we are more partisan 209 00:13:47,200 --> 00:13:50,480 Speaker 1: now than maybe we were ever before, you can make 210 00:13:50,520 --> 00:13:53,160 Speaker 1: some argument for back in late seventeen hundreds there was 211 00:13:53,280 --> 00:13:55,720 Speaker 1: a high degree of partisanship. I think that partisanship is 212 00:13:55,840 --> 00:13:59,400 Speaker 1: different now because of the influence of parties, the influence 213 00:13:59,440 --> 00:14:03,160 Speaker 1: of money, Citizens United, Oh my goodness, another Supreme Court decision, 214 00:14:03,320 --> 00:14:10,040 Speaker 1: and how money has irretically influenced how our politics may work. 215 00:14:10,200 --> 00:14:12,600 Speaker 1: If we took out money, we took out partisanship, our 216 00:14:12,600 --> 00:14:16,200 Speaker 1: country would look very differently. But that is utopia, that's 217 00:14:16,240 --> 00:14:21,280 Speaker 1: not reality. Let's talk about this reality. The Supreme Court 218 00:14:21,320 --> 00:14:25,080 Speaker 1: is a political body. Why because we have politicians who 219 00:14:25,200 --> 00:14:28,080 Speaker 1: nominate these members who will serve for life, and they 220 00:14:28,080 --> 00:14:33,240 Speaker 1: are specifically taken from shortlists of either beliefs or ethnic 221 00:14:33,280 --> 00:14:39,240 Speaker 1: groups or voting blocks which would be best appreciated by 222 00:14:39,360 --> 00:14:44,120 Speaker 1: present voters or future voters. That's just a reality. It 223 00:14:44,160 --> 00:14:47,640 Speaker 1: does not mean that the people are not qualified as jurists. 224 00:14:48,280 --> 00:14:51,960 Speaker 1: It does mean that these jurists have a particular point 225 00:14:51,960 --> 00:14:58,240 Speaker 1: of view which is either advantageous or preferable or appreciated 226 00:14:59,160 --> 00:15:02,320 Speaker 1: by the voters. Going back to Donald Trump, he said, hey, 227 00:15:02,320 --> 00:15:06,000 Speaker 1: I'm going to nominate as many as three Supreme Court 228 00:15:06,120 --> 00:15:08,720 Speaker 1: justices if I'm elected, and they're all going to be 229 00:15:08,880 --> 00:15:12,400 Speaker 1: anti abortion. And you know what he did exactly that 230 00:15:12,400 --> 00:15:15,680 Speaker 1: that is not how our Supreme Court originally was intended 231 00:15:15,720 --> 00:15:18,000 Speaker 1: to work. Please vote for me. I'm going to vote 232 00:15:18,000 --> 00:15:20,560 Speaker 1: for I'm going to nominate Supreme Court justices who think 233 00:15:20,600 --> 00:15:22,480 Speaker 1: like you and me. That's not how it was supposed 234 00:15:22,520 --> 00:15:26,480 Speaker 1: to work. In absentia of an actual case that they're 235 00:15:26,520 --> 00:15:28,480 Speaker 1: going to rule on. It wasn't meant to work that way. 236 00:15:28,600 --> 00:15:33,400 Speaker 1: But that's how it does work today. And so when 237 00:15:33,440 --> 00:15:37,280 Speaker 1: we get a decision regarding abortion, as we did some 238 00:15:37,480 --> 00:15:41,720 Speaker 1: six days ago, you shouldn't be surprised. I shouldn't be surprised, 239 00:15:41,760 --> 00:15:45,120 Speaker 1: or at least I'm not surprised. I know fundamentally that 240 00:15:45,160 --> 00:15:48,840 Speaker 1: it was going to be an expression of the personal 241 00:15:48,920 --> 00:15:51,440 Speaker 1: views to some degree, regardless of what they might have 242 00:15:51,480 --> 00:15:54,080 Speaker 1: said during their confirmation hearings. I wasn't fooled by that. 243 00:15:54,080 --> 00:15:56,160 Speaker 1: I hope you weren't, because we knew that the only 244 00:15:56,160 --> 00:15:58,640 Speaker 1: way that Donald Trump was going to nominate those individuals 245 00:15:58,760 --> 00:16:01,800 Speaker 1: is if they held at least personally those particular views 246 00:16:01,920 --> 00:16:06,160 Speaker 1: on certain issues regarding gun rights, regarding abortion, regarding immigration, 247 00:16:06,400 --> 00:16:09,760 Speaker 1: and so forth and so on. So we know for 248 00:16:09,800 --> 00:16:12,480 Speaker 1: them to even get in the chair in terms of confirmation, 249 00:16:12,720 --> 00:16:18,520 Speaker 1: they had to espouse a certain worldview. There's no jurist 250 00:16:18,520 --> 00:16:24,000 Speaker 1: who is completely neutral. They have personal views in politics, 251 00:16:24,040 --> 00:16:27,840 Speaker 1: which obviously may bleed into these issues. But here's the 252 00:16:27,840 --> 00:16:31,360 Speaker 1: fundamental point. We can get upset, we can get mad. 253 00:16:31,600 --> 00:16:34,320 Speaker 1: We can say that the Scotus is not supposed to 254 00:16:34,360 --> 00:16:37,280 Speaker 1: be political. It's not supposed to be. Yes, maybe on 255 00:16:37,360 --> 00:16:40,640 Speaker 1: its best day it isn't. Maybe it wasn't intended to be, 256 00:16:41,120 --> 00:16:43,920 Speaker 1: but it is because we should not put our heads 257 00:16:43,920 --> 00:16:46,359 Speaker 1: in the stand and think that we can have presidential 258 00:16:46,360 --> 00:16:49,400 Speaker 1: candidates who runs specifically on the types of justices they 259 00:16:49,480 --> 00:16:53,360 Speaker 1: plan to nominate and think that after they nominate them 260 00:16:53,360 --> 00:16:56,080 Speaker 1: and after they get them confirmed, that they're not going 261 00:16:56,160 --> 00:16:58,520 Speaker 1: to do or act in a certain way which is 262 00:16:58,560 --> 00:17:02,560 Speaker 1: more representative of their worldview, which we already knew prior 263 00:17:02,600 --> 00:17:07,359 Speaker 1: to them being nominated and confirmed. So the decisions that 264 00:17:07,440 --> 00:17:10,840 Speaker 1: we have now is a direct result of the politicians 265 00:17:10,880 --> 00:17:15,160 Speaker 1: that we prefer and the people that we elect. That's 266 00:17:15,160 --> 00:17:18,080 Speaker 1: how it works. This is the Johnny Ken Show. I'm 267 00:17:18,080 --> 00:17:19,920 Speaker 1: o Kelly in for John kem KF. I am six 268 00:17:20,040 --> 00:17:22,760 Speaker 1: forty live everywhere on the iHeartRadio app. I'm ow Kelly 269 00:17:22,760 --> 00:17:25,080 Speaker 1: in for John A. Kenjas Incasia. Not familiar with me. 270 00:17:25,119 --> 00:17:28,240 Speaker 1: I host the Mo Kelly Show here on KFI Saturdays 271 00:17:28,240 --> 00:17:31,000 Speaker 1: and Sundays from six to eight pm. And we talk 272 00:17:31,040 --> 00:17:33,879 Speaker 1: about a variety of things, from politics to popular culture, 273 00:17:34,440 --> 00:17:39,200 Speaker 1: entertainment everything in between. But ultimately I love to look 274 00:17:39,240 --> 00:17:43,840 Speaker 1: at what's not being discussed or enter into discussions from 275 00:17:43,880 --> 00:17:47,840 Speaker 1: a very different vantage point. And if you don't know me, 276 00:17:47,920 --> 00:17:49,840 Speaker 1: I don't endorse candidates. I don't tell you who to 277 00:17:49,920 --> 00:17:51,680 Speaker 1: vote for. I don't tell you what to vote for. 278 00:17:52,119 --> 00:17:55,320 Speaker 1: You do you? I do me, But I also believe 279 00:17:55,400 --> 00:17:58,560 Speaker 1: that we can do better as far as understanding how 280 00:17:58,600 --> 00:18:01,640 Speaker 1: and why things happen. We may not agree with who 281 00:18:01,680 --> 00:18:03,960 Speaker 1: may make the call, who makes the decision, or the 282 00:18:04,040 --> 00:18:06,560 Speaker 1: ultimate decision, but I think we can do better at 283 00:18:06,680 --> 00:18:11,760 Speaker 1: understanding how decisions are made or how our country works. 284 00:18:11,800 --> 00:18:14,520 Speaker 1: It's not just civics, it's just understanding history and how 285 00:18:14,520 --> 00:18:17,000 Speaker 1: it all works together. In the first two segments, I 286 00:18:17,040 --> 00:18:19,480 Speaker 1: was talking about the formation of the Supreme Court and 287 00:18:19,600 --> 00:18:24,879 Speaker 1: judicial review and what is constitutional unconstitutional, who gets to 288 00:18:25,000 --> 00:18:27,600 Speaker 1: decide and what that means, and the irrelevance of your 289 00:18:27,640 --> 00:18:31,080 Speaker 1: opinion and my opinion when it comes to constitutionality. And 290 00:18:31,560 --> 00:18:36,160 Speaker 1: the Scotus is an inherently political body because it's chosen, 291 00:18:36,240 --> 00:18:41,560 Speaker 1: it's been created, it's been formulated by inherently political figures 292 00:18:41,840 --> 00:18:45,960 Speaker 1: with political agendas. Whether we agree with them or don't, 293 00:18:46,640 --> 00:18:49,960 Speaker 1: they are still political in nature. So with all that 294 00:18:50,240 --> 00:18:54,400 Speaker 1: as a lead in, there's something else. Regardless of what 295 00:18:54,400 --> 00:18:58,320 Speaker 1: we think about the most recent decisions by this Scotus, 296 00:18:58,359 --> 00:19:03,080 Speaker 1: there are some future decisions which will have untold ramifications, 297 00:19:03,080 --> 00:19:07,239 Speaker 1: some would even say consequences for how elections may go 298 00:19:07,320 --> 00:19:11,800 Speaker 1: in the future. If you know anything about jerrymandering, jerrymandering 299 00:19:11,920 --> 00:19:16,000 Speaker 1: very simply is put like this. You have state legislatures 300 00:19:16,000 --> 00:19:19,080 Speaker 1: which have the power to draw up maps as far 301 00:19:19,119 --> 00:19:23,160 Speaker 1: as who can be an assembly person or a congress 302 00:19:23,200 --> 00:19:26,120 Speaker 1: person over a certain area. And over the years, in decades, 303 00:19:26,119 --> 00:19:28,719 Speaker 1: and this happens in both parties, they would try to 304 00:19:28,800 --> 00:19:31,720 Speaker 1: draw these maps to make sure that there are only 305 00:19:31,840 --> 00:19:34,960 Speaker 1: certain swaths of people would vote, and so it will 306 00:19:35,040 --> 00:19:38,840 Speaker 1: be a high Republican area or a high African American area, 307 00:19:38,960 --> 00:19:42,159 Speaker 1: or a high White area. And so you would have 308 00:19:42,240 --> 00:19:45,160 Speaker 1: the same politicians of a certain party always winning because 309 00:19:45,200 --> 00:19:47,920 Speaker 1: they would not have the type of voting base or 310 00:19:47,960 --> 00:19:52,480 Speaker 1: a disparate voting base where you'd have the equal likelihood 311 00:19:52,640 --> 00:19:55,720 Speaker 1: of candidates from both parties or either party being able 312 00:19:55,720 --> 00:19:59,240 Speaker 1: to win. That's jerrymandering. And over the decades and coming 313 00:19:59,240 --> 00:20:01,720 Speaker 1: out of the Voting Rights Act, there has always been 314 00:20:01,840 --> 00:20:06,160 Speaker 1: this fight against jerrymandering or other policies which may tip 315 00:20:06,200 --> 00:20:08,960 Speaker 1: the balance to one party or another when it comes 316 00:20:09,000 --> 00:20:13,240 Speaker 1: to voting. The Supreme Court has agreed to hear a 317 00:20:13,280 --> 00:20:17,480 Speaker 1: redistricting case that could have major implications for voting rights, 318 00:20:17,520 --> 00:20:20,960 Speaker 1: and not just a particular segment of society, could have 319 00:20:21,200 --> 00:20:25,159 Speaker 1: particular implications for you here in California and beyond. Let 320 00:20:25,200 --> 00:20:27,800 Speaker 1: me tell you about it. It is having to do 321 00:20:27,880 --> 00:20:30,920 Speaker 1: with North Carolina, But when it comes to the Supreme Court, 322 00:20:31,760 --> 00:20:35,680 Speaker 1: the ramifications affect every single state because if you've been 323 00:20:35,680 --> 00:20:37,800 Speaker 1: paying attention, and I know you have, but I'm saying 324 00:20:37,800 --> 00:20:40,679 Speaker 1: I want to reiterate, if you've been paying attention, you 325 00:20:40,840 --> 00:20:44,280 Speaker 1: know that whatever the Scotus does, states then line up 326 00:20:44,280 --> 00:20:49,320 Speaker 1: to either reaffirm or fight against those decisions. So since 327 00:20:49,640 --> 00:20:53,200 Speaker 1: the Court has taken up this redistricting case, there will 328 00:20:53,240 --> 00:20:56,720 Speaker 1: be implications for you and me. Today, the Supreme Court 329 00:20:56,800 --> 00:21:01,320 Speaker 1: agreed to hear a dispute over redistricting in North Carolina. 330 00:21:01,520 --> 00:21:04,320 Speaker 1: At the center of this case is the fate of 331 00:21:04,359 --> 00:21:08,280 Speaker 1: a legal doctrine that allows state courts to check the 332 00:21:08,359 --> 00:21:12,240 Speaker 1: behavior of state legislatures. Going back to what I was saying, 333 00:21:12,240 --> 00:21:15,840 Speaker 1: the state legislatures can draw up these maps. The decision 334 00:21:15,880 --> 00:21:19,000 Speaker 1: to undermine the courts take away that power from checking 335 00:21:19,200 --> 00:21:25,080 Speaker 1: state legislatures could empower state lawmakers in disputes over these 336 00:21:25,160 --> 00:21:30,520 Speaker 1: redistricting maps and potentially offer them more freedom to intervene 337 00:21:30,560 --> 00:21:33,679 Speaker 1: in federal elections. In other words, if you allow the 338 00:21:33,760 --> 00:21:37,199 Speaker 1: state legislatures to do whatever the hell they want and 339 00:21:37,320 --> 00:21:40,120 Speaker 1: draw up the maps however they want, because the voting 340 00:21:40,240 --> 00:21:42,720 Speaker 1: Rights Act has been gutted for the most part. Then 341 00:21:42,760 --> 00:21:47,240 Speaker 1: you then opened the door for these same questionable actors, 342 00:21:47,240 --> 00:21:51,520 Speaker 1: regardless of party, regardless of state, to start jerrymandering without 343 00:21:51,640 --> 00:21:55,160 Speaker 1: any type of check by the state courts. You could 344 00:21:55,200 --> 00:21:58,520 Speaker 1: have Democrats in California drawing up these maps where it 345 00:21:58,520 --> 00:22:01,880 Speaker 1: would make it almost virtually possible for Republicans to win. 346 00:22:02,320 --> 00:22:05,119 Speaker 1: You could have Republicans in Alabama or North Carolina in 347 00:22:05,160 --> 00:22:08,200 Speaker 1: this case, drawing up maps which would make it impossible 348 00:22:08,520 --> 00:22:11,960 Speaker 1: for Democrats to win on a state level, on a 349 00:22:12,040 --> 00:22:17,680 Speaker 1: local level, and even a federal congressional level. Now that's 350 00:22:17,720 --> 00:22:21,399 Speaker 1: the theory, that's the concern as far as why you 351 00:22:21,440 --> 00:22:25,200 Speaker 1: would not want to limit the power of the state courts. 352 00:22:25,240 --> 00:22:27,359 Speaker 1: You want to talk about the Constitution states rights. You 353 00:22:27,359 --> 00:22:29,280 Speaker 1: don't want to limit the state courts? Do you? If 354 00:22:29,320 --> 00:22:32,960 Speaker 1: you limit the state courts? That's the argument against it. Now. 355 00:22:33,800 --> 00:22:37,920 Speaker 1: This particular dispute began after North Carolina gained a seat 356 00:22:37,960 --> 00:22:41,000 Speaker 1: in the House of Representatives in the North Carolina General 357 00:22:41,040 --> 00:22:46,800 Speaker 1: Assembly twice, not once, but twice, adopted new congressional districting maps. 358 00:22:46,880 --> 00:22:52,120 Speaker 1: On both occasions, the state Supreme Court rejected the maps 359 00:22:52,960 --> 00:22:56,800 Speaker 1: due to concerns about jerrymandering, and finally ordered that the 360 00:22:56,880 --> 00:23:01,600 Speaker 1: twenty twenty two elections go forward with maps drawn by judges. 361 00:23:02,400 --> 00:23:05,960 Speaker 1: The court held that the general assemblies maps amounted to 362 00:23:06,160 --> 00:23:12,320 Speaker 1: partisan jerrymandering and violated provisions of the state constitution. And 363 00:23:12,400 --> 00:23:16,520 Speaker 1: here's the thing. When we talk about states rights and 364 00:23:16,600 --> 00:23:19,320 Speaker 1: at the same time going to go to the Supreme 365 00:23:19,320 --> 00:23:23,440 Speaker 1: Court to take the right of the state courts to 366 00:23:23,480 --> 00:23:27,760 Speaker 1: take away their power to keep the state legislatures in 367 00:23:27,920 --> 00:23:31,800 Speaker 1: check as far as their partisan ends, you should be 368 00:23:31,840 --> 00:23:35,000 Speaker 1: able to see what a trick bag that would be, 369 00:23:35,280 --> 00:23:37,280 Speaker 1: what a slippery slope that would be if you say 370 00:23:37,320 --> 00:23:39,960 Speaker 1: the state courts you can't intervene with what the state 371 00:23:40,119 --> 00:23:45,639 Speaker 1: legislatures are doing, which we know overtly is partisan in nature. 372 00:23:46,080 --> 00:23:48,040 Speaker 1: If you allow kids in the candy store to have 373 00:23:48,160 --> 00:23:49,919 Speaker 1: as much candy as they want, what are they going 374 00:23:50,000 --> 00:23:51,960 Speaker 1: to do. They're going to steal all the candy and 375 00:23:51,960 --> 00:23:55,159 Speaker 1: do what they want. Because politicians, and I say this 376 00:23:55,280 --> 00:23:59,159 Speaker 1: without preference to party or ideology, politicians are some of 377 00:23:59,200 --> 00:24:02,280 Speaker 1: the most self fish and I would say criminal people 378 00:24:02,280 --> 00:24:05,480 Speaker 1: that you'll ever meet, bar none, And if you give 379 00:24:05,520 --> 00:24:10,160 Speaker 1: them the option to tip the balance in their favor, 380 00:24:10,320 --> 00:24:13,120 Speaker 1: I don't care if it's California, I don't care. If 381 00:24:13,119 --> 00:24:16,160 Speaker 1: it's Alabama, I don't care if it's Texas or any 382 00:24:16,160 --> 00:24:19,040 Speaker 1: other state. They are going to do that. And if 383 00:24:19,040 --> 00:24:22,119 Speaker 1: you ever want to know whether something is going to 384 00:24:22,160 --> 00:24:26,359 Speaker 1: impact voting rights, just know who it benefits and who 385 00:24:26,480 --> 00:24:30,320 Speaker 1: it may not benefit. Then he can always tell. Because 386 00:24:30,359 --> 00:24:33,760 Speaker 1: people are always, i should say, politicians are always for 387 00:24:34,200 --> 00:24:38,119 Speaker 1: that which will help him, her or their party. Always. 388 00:24:38,480 --> 00:24:42,080 Speaker 1: It's never neutral. It's never neutral in the sense of no. 389 00:24:42,280 --> 00:24:43,879 Speaker 1: This is just a fair way to go about it. 390 00:24:44,000 --> 00:24:46,159 Speaker 1: This is the constitutional way to go about it. This 391 00:24:46,240 --> 00:24:48,320 Speaker 1: is what we need to do as Americans. It is 392 00:24:48,400 --> 00:24:51,639 Speaker 1: never about that. It's about what gives me my party 393 00:24:52,080 --> 00:24:56,240 Speaker 1: the better opportunity to win the next election. So when 394 00:24:56,240 --> 00:24:59,920 Speaker 1: you want to talk about what is constitutional or unconstitutional, 395 00:25:00,400 --> 00:25:04,760 Speaker 1: watch what the SCOTUS does, which is an inherently political body. 396 00:25:04,840 --> 00:25:08,199 Speaker 1: For the reasons I've already discussed, watch what they do 397 00:25:08,280 --> 00:25:15,479 Speaker 1: specifically regarding this North Carolina redistricting case, because how it 398 00:25:15,600 --> 00:25:21,280 Speaker 1: is ruled will inevitably impact how Democrats act right here 399 00:25:21,280 --> 00:25:25,160 Speaker 1: in California, and it will be used to the detriment 400 00:25:25,560 --> 00:25:30,040 Speaker 1: of Republicans. That's why you should care, because what happens 401 00:25:30,080 --> 00:25:34,440 Speaker 1: there inevitably comes here. This is the John and Kin Show. 402 00:25:34,440 --> 00:25:36,080 Speaker 1: Mo Kelly in for John and kink If I am 403 00:25:36,119 --> 00:25:39,399 Speaker 1: six forty live everywhere on the iHeartRadio app. I'll be 404 00:25:39,520 --> 00:25:42,680 Speaker 1: with you tomorrow and even Monday for the fourth of July, 405 00:25:43,119 --> 00:25:46,720 Speaker 1: will be broadcasting from Chateau le Mo the home studio. 406 00:25:47,600 --> 00:25:55,000 Speaker 1: Maybe try some burghers hot dogs, have some fun. Eric, 407 00:25:55,040 --> 00:25:56,840 Speaker 1: you are you working? No, you're not working that day? 408 00:25:56,880 --> 00:25:59,680 Speaker 1: You see? How is it that you work in radio 409 00:25:59,760 --> 00:26:03,159 Speaker 1: and managed to get an actual holiday? How does that 410 00:26:03,200 --> 00:26:06,800 Speaker 1: even happen? I asked for it off in advance. Well, 411 00:26:06,840 --> 00:26:10,960 Speaker 1: ain't that about it? If that, if it were that easy, 412 00:26:11,280 --> 00:26:14,320 Speaker 1: my ass would not be here right now. I don't 413 00:26:14,320 --> 00:26:16,280 Speaker 1: know what to tell you, Mom, Debra Mark, did you 414 00:26:16,320 --> 00:26:20,919 Speaker 1: know it was that easy? It isn't always easy. I'm 415 00:26:20,920 --> 00:26:25,919 Speaker 1: actually either. It's a miracle, but it's not easy to 416 00:26:25,960 --> 00:26:28,560 Speaker 1: get these holidays off when you work in radio. I 417 00:26:28,560 --> 00:26:30,600 Speaker 1: make it sound easy, but it is. I don't I 418 00:26:30,640 --> 00:26:33,479 Speaker 1: don't know what the word holiday is in Every single 419 00:26:33,560 --> 00:26:35,920 Speaker 1: year someone asked, so how was your weekend? I work 420 00:26:35,960 --> 00:26:37,639 Speaker 1: on a fricka awake ads, So what did you do 421 00:26:37,680 --> 00:26:40,240 Speaker 1: for the holiday? You're really going to ask me that question. 422 00:26:40,680 --> 00:26:42,840 Speaker 1: How long have you known me? How long have you 423 00:26:42,880 --> 00:26:47,600 Speaker 1: known me? But anyhow, yes, I'll be with you tomorrow 424 00:26:47,640 --> 00:26:50,600 Speaker 1: and also Monday, sitting in for John and Ken. Great 425 00:26:50,600 --> 00:26:55,440 Speaker 1: appreciation to them allowing me to keep their seats collectively warm. 426 00:26:55,840 --> 00:26:57,960 Speaker 1: One more thing I wanted to say about the Supreme 427 00:26:57,960 --> 00:26:59,600 Speaker 1: Court before we get out here. I wanted to put 428 00:26:59,600 --> 00:27:02,000 Speaker 1: all this together so you were ready to go out 429 00:27:02,000 --> 00:27:04,439 Speaker 1: there and have all your arguments and disagreements on social 430 00:27:04,440 --> 00:27:08,760 Speaker 1: media armed and ready to go with You know, your 431 00:27:08,800 --> 00:27:11,520 Speaker 1: opinions that don't really matter, just like mine. I'm not 432 00:27:11,600 --> 00:27:14,040 Speaker 1: trying to be special. My opinions don't matter either. I 433 00:27:14,119 --> 00:27:16,760 Speaker 1: just want to give you some context. The Supreme Court 434 00:27:16,880 --> 00:27:21,960 Speaker 1: did rule today for the major coal producing states and 435 00:27:22,080 --> 00:27:27,119 Speaker 1: sharply limited the Biden administration's authority to restrict carbon pollution, 436 00:27:27,720 --> 00:27:31,320 Speaker 1: which is at least what the administration is saying is 437 00:27:31,359 --> 00:27:35,199 Speaker 1: so central to fighting global warning. The justices agreed. The 438 00:27:35,240 --> 00:27:38,639 Speaker 1: majority of justices agreed with lawyers from West Virginia and 439 00:27:38,680 --> 00:27:43,240 Speaker 1: said Congress did not give environmental regulators broad authority to 440 00:27:43,440 --> 00:27:47,320 Speaker 1: reshape the system for producing electric power by switching from 441 00:27:47,400 --> 00:27:52,160 Speaker 1: coal to natural gas, wind turbines, and solar energy YadA YadA, 442 00:27:52,200 --> 00:27:55,280 Speaker 1: yadah blah blah blah. And there are those who say, 443 00:27:55,440 --> 00:27:59,199 Speaker 1: I'm just glad whenever the Scotus rules in opposition to 444 00:27:59,560 --> 00:28:02,600 Speaker 1: joe By. That's fine, that's your business, okay. And some 445 00:28:02,640 --> 00:28:04,960 Speaker 1: people will say, oh my gosh, this is going to 446 00:28:05,040 --> 00:28:09,399 Speaker 1: be so horrible for global warming and climate change. Yet 447 00:28:09,480 --> 00:28:12,680 Speaker 1: that's fine, that's your business. You're allowed to have that opinion. 448 00:28:12,760 --> 00:28:14,280 Speaker 1: But going back to what I was saying at the 449 00:28:14,359 --> 00:28:18,359 Speaker 1: very beginning, this is exactly what I mean. They're ruling 450 00:28:18,400 --> 00:28:23,199 Speaker 1: on the constitutionality of the EPA and whether it had 451 00:28:23,320 --> 00:28:30,000 Speaker 1: the authority the authority to make certain limitations or guidelines 452 00:28:30,680 --> 00:28:35,879 Speaker 1: for the states relative to certain power sources being used. 453 00:28:36,200 --> 00:28:40,200 Speaker 1: It's not an endorsement of coal, okay, because honestly, remember 454 00:28:40,280 --> 00:28:41,920 Speaker 1: what I was saying in the first segment. I said, 455 00:28:42,000 --> 00:28:48,120 Speaker 1: something can be constitutional and bad for us. For example, 456 00:28:49,160 --> 00:28:52,120 Speaker 1: we're not going to be using more coal in the future. 457 00:28:52,640 --> 00:28:55,080 Speaker 1: I love my friends in West Virginia. Some of my 458 00:28:55,080 --> 00:28:59,760 Speaker 1: best friends are from West Virginia. Wayne residents from West Virginia. Okay. 459 00:29:00,080 --> 00:29:03,760 Speaker 1: I understand that states like West Virginia, they are coal 460 00:29:04,120 --> 00:29:07,880 Speaker 1: mining dependent and communities, but once upon a time we 461 00:29:07,880 --> 00:29:12,760 Speaker 1: were dependent upon steam, all right, and technology moves on. 462 00:29:13,160 --> 00:29:15,520 Speaker 1: And you know him right because you're listening right now 463 00:29:15,560 --> 00:29:20,000 Speaker 1: on the iHeartRadio app, or you're in your car, or 464 00:29:20,160 --> 00:29:24,200 Speaker 1: you're on your iPhone. You understand this. And so our 465 00:29:24,200 --> 00:29:26,600 Speaker 1: country is moving in a certain direction, which is moving 466 00:29:26,640 --> 00:29:31,920 Speaker 1: away from coal. And even though constitutionally the EPA may 467 00:29:31,960 --> 00:29:36,640 Speaker 1: have no business telling these certain industries or states what 468 00:29:36,760 --> 00:29:40,240 Speaker 1: to do, can we at least agree on the fact 469 00:29:40,240 --> 00:29:44,280 Speaker 1: that you know, coal's not coming back. Honestly, the steam 470 00:29:44,360 --> 00:29:48,480 Speaker 1: engine is not coming back. I'm being, you know, flippant, 471 00:29:48,560 --> 00:29:52,520 Speaker 1: but you understand the point I'm making. Do not overstate 472 00:29:52,960 --> 00:29:58,640 Speaker 1: what the Scolds decision was conveying because you wanted to 473 00:29:58,680 --> 00:30:02,400 Speaker 1: make it part of your personal politics, because it's about 474 00:30:02,480 --> 00:30:09,000 Speaker 1: us versus them, zero sum game, I win, they lose. No, no, no, 475 00:30:09,040 --> 00:30:13,560 Speaker 1: The ruling is more narrow in this respect and basically saying, hey, 476 00:30:13,560 --> 00:30:16,040 Speaker 1: the federal government can only do so much. But we 477 00:30:16,080 --> 00:30:20,360 Speaker 1: can also say on the other side, Yeah, but let's 478 00:30:20,360 --> 00:30:24,280 Speaker 1: be honest, Cole has a limited shelf life in the 479 00:30:24,280 --> 00:30:29,000 Speaker 1: future of America. Can we be honest? Can we honestly 480 00:30:29,080 --> 00:30:31,880 Speaker 1: say that Cole is not going to be powering your 481 00:30:31,960 --> 00:30:35,360 Speaker 1: stoves in the future like it did a hundred years ago. 482 00:30:35,760 --> 00:30:38,760 Speaker 1: Can we be honest that West Virginia at some point 483 00:30:39,080 --> 00:30:41,280 Speaker 1: is going to have to get away from mining. It 484 00:30:41,320 --> 00:30:43,920 Speaker 1: may not be today, it may not be next year, 485 00:30:44,160 --> 00:30:46,440 Speaker 1: it may not even be in the next decade. And 486 00:30:46,480 --> 00:30:49,720 Speaker 1: I understand they're politicians like Joe Manchin who are dependent 487 00:30:49,800 --> 00:30:53,360 Speaker 1: upon making sure his constituents are not out of jobs 488 00:30:53,360 --> 00:30:55,440 Speaker 1: in the short term for as long as he wants 489 00:30:55,440 --> 00:30:57,720 Speaker 1: to be Senator of West Virginia. I get all that, 490 00:30:57,800 --> 00:31:00,760 Speaker 1: I get the politics of it. I just to make 491 00:31:00,760 --> 00:31:04,200 Speaker 1: sure that you understand that just because the Scotis rules 492 00:31:04,240 --> 00:31:07,800 Speaker 1: a certain way, it is not an endorsement of everything 493 00:31:07,920 --> 00:31:10,680 Speaker 1: you believe. And you give me nine different people on 494 00:31:10,760 --> 00:31:13,360 Speaker 1: that Scotus we get a different decision, as sure as 495 00:31:13,400 --> 00:31:17,040 Speaker 1: I'm sitting here, we would. But this is a great, 496 00:31:17,120 --> 00:31:19,960 Speaker 1: a perfect, I would say, a textbook example of being 497 00:31:20,000 --> 00:31:23,400 Speaker 1: able to better parse what the Supreme Court is telling us. 498 00:31:23,440 --> 00:31:25,680 Speaker 1: And maybe you're a person who says that we need 499 00:31:25,720 --> 00:31:28,520 Speaker 1: to have limited government and the federal government should stay 500 00:31:28,520 --> 00:31:31,280 Speaker 1: out of the state's businesses. Okay, that's fine, and in 501 00:31:31,360 --> 00:31:33,880 Speaker 1: fact I agree with you on that level, But can 502 00:31:34,000 --> 00:31:37,360 Speaker 1: we also agree can we please just get the easy ones, right, 503 00:31:37,640 --> 00:31:41,480 Speaker 1: Can we agree that just because the SCOTUS ruled against 504 00:31:41,480 --> 00:31:44,000 Speaker 1: the EPA, that you and I should be in agreement 505 00:31:44,040 --> 00:31:45,400 Speaker 1: that coal is not going to be the way to 506 00:31:45,400 --> 00:31:47,680 Speaker 1: go in the future. And even though the EPA may 507 00:31:47,720 --> 00:31:50,520 Speaker 1: not be able to tell states or specific businesses they 508 00:31:50,560 --> 00:31:55,280 Speaker 1: have to regulate how much coal they use, that they're 509 00:31:55,280 --> 00:31:57,080 Speaker 1: going to have to get off their ass at certain 510 00:31:57,280 --> 00:31:59,760 Speaker 1: certain point and do something different. They're gonna have to 511 00:32:00,080 --> 00:32:02,760 Speaker 1: use something different. They're gonna have to use a different technology. 512 00:32:02,880 --> 00:32:05,160 Speaker 1: It may not be solar, it may not be when. 513 00:32:05,520 --> 00:32:08,400 Speaker 1: It might be the flux capacitor. I don't know. It 514 00:32:08,400 --> 00:32:11,000 Speaker 1: could be Tony Stark and his what if they call 515 00:32:11,040 --> 00:32:14,400 Speaker 1: it the arc reactor? The arc reactor, right, It could 516 00:32:14,400 --> 00:32:17,080 Speaker 1: be that. I don't know what the future technology is 517 00:32:17,120 --> 00:32:19,720 Speaker 1: going to be. I'm not saying that this isn't I'm 518 00:32:19,720 --> 00:32:21,680 Speaker 1: for the Green New Deal. I'm not talking about the 519 00:32:21,680 --> 00:32:25,760 Speaker 1: politics of it. I'm talking about the practicality of it all. 520 00:32:25,800 --> 00:32:29,640 Speaker 1: And that's something that's very different in nature. Coal is 521 00:32:29,680 --> 00:32:32,960 Speaker 1: not the future. It's just not. It is a thing 522 00:32:33,080 --> 00:32:35,520 Speaker 1: of the past. What we should take from this ruling 523 00:32:35,680 --> 00:32:40,080 Speaker 1: is regardless of the type of power, regardless of the 524 00:32:40,120 --> 00:32:44,000 Speaker 1: type of industry. The EPA will not be able to 525 00:32:44,000 --> 00:32:48,600 Speaker 1: tell these industries or states the type of materials that 526 00:32:48,720 --> 00:32:51,320 Speaker 1: can use, should use, or there's a limit to what 527 00:32:51,360 --> 00:32:53,840 Speaker 1: they can do. Isn't that what the EPA is supposed 528 00:32:53,840 --> 00:32:57,080 Speaker 1: to do though? Isn't that like as a regulatory body, 529 00:32:57,160 --> 00:33:00,960 Speaker 1: don't they tell you what you're supposed to do? Yes, yes, 530 00:33:01,000 --> 00:33:03,680 Speaker 1: you know they're supposed to to set federal guidelines. But 531 00:33:03,720 --> 00:33:07,240 Speaker 1: the Supreme Court is ruling now that they overstepped that 532 00:33:07,400 --> 00:33:10,960 Speaker 1: authority as far as how far or what degree or 533 00:33:11,040 --> 00:33:15,880 Speaker 1: they were not empowered to I guess this degree of 534 00:33:15,960 --> 00:33:20,600 Speaker 1: specificity as far as capping carbon dioxide emissions or something 535 00:33:20,640 --> 00:33:27,000 Speaker 1: like that. Now again, again people are going to disagree 536 00:33:27,040 --> 00:33:29,600 Speaker 1: with the decision itself. What what are you laughing about? 537 00:33:29,600 --> 00:33:33,040 Speaker 1: To Wallace, Because that's just funny. You tell them you 538 00:33:33,040 --> 00:33:36,160 Speaker 1: have individuals who are the Supreme Court who have no 539 00:33:36,280 --> 00:33:40,520 Speaker 1: idea what the ep actually does, the science behind their decisions. 540 00:33:40,840 --> 00:33:44,160 Speaker 1: Then coming in based on what is it the influence 541 00:33:44,200 --> 00:33:48,640 Speaker 1: of the coal industry to say they've overstepped Look, who 542 00:33:48,680 --> 00:33:52,320 Speaker 1: are they to argue you had stepped out? I talked about, 543 00:33:52,400 --> 00:33:56,080 Speaker 1: you know, we want a scotus, which is not necessarily political, 544 00:33:56,080 --> 00:33:59,280 Speaker 1: but it's inherently political. And you have a Scotus which 545 00:33:59,360 --> 00:34:02,240 Speaker 1: ruled on Sens United, which says all money in politics 546 00:34:02,360 --> 00:34:04,600 Speaker 1: is good money, because you know, corporations are people. And 547 00:34:04,600 --> 00:34:06,200 Speaker 1: then we want to get surprised when we have a 548 00:34:06,240 --> 00:34:11,640 Speaker 1: corporation kind of dictating our public policy, which is in fact, 549 00:34:11,719 --> 00:34:14,480 Speaker 1: which is happening here. Yes, the Scotus is a result 550 00:34:14,680 --> 00:34:18,560 Speaker 1: of what we've deemed as important. We think that, you know, 551 00:34:18,680 --> 00:34:22,000 Speaker 1: corporations are people, so corporations have a say in how 552 00:34:22,000 --> 00:34:25,200 Speaker 1: our government is run. And so the corporations get to 553 00:34:25,239 --> 00:34:28,320 Speaker 1: the side basically the authority of the EPA. If you 554 00:34:28,360 --> 00:34:30,640 Speaker 1: see that to its logical conclusion, what's wrong with that? 555 00:34:31,320 --> 00:34:37,560 Speaker 1: What's wrong with that is church and state is next. Well, hey, 556 00:34:38,239 --> 00:34:41,440 Speaker 1: some people are okay with that, but those are the 557 00:34:41,440 --> 00:34:43,440 Speaker 1: people who haven't read the Constitution. This is the Johnny 558 00:34:43,480 --> 00:34:45,160 Speaker 1: Ken Show, Mo Kelly and for Johny kink If I 559 00:34:45,239 --> 00:34:48,799 Speaker 1: am six forty. We're live everywhere on the iHeartRadio app. Hey, Ken, 560 00:34:48,840 --> 00:34:50,919 Speaker 1: did you know that gold is the only currency that's 561 00:34:50,920 --> 00:34:53,680 Speaker 1: held its value since the dawn of money? Well? I 562 00:34:53,760 --> 00:34:57,160 Speaker 1: did thanks to our friends at Legacy Precious Metals, the 563 00:34:57,200 --> 00:35:01,440 Speaker 1: most trusted name in gold investing. Investing in gold protects 564 00:35:01,440 --> 00:35:04,680 Speaker 1: you against inflation and gives you a hedge against stock 565 00:35:04,719 --> 00:35:08,720 Speaker 1: market volatility. 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