WEBVTT - The Supreme Court Will Not Save You 0:00:01.760 --> 0:00:07.200 Also media, Welcome to it could happen here, a podcast 0:00:07.240 --> 0:00:09.639 coming to you from a country ruled by nine unelected 0:00:09.640 --> 0:00:12.320 dipshits and hideous costumes. You can at a whim destroy 0:00:12.360 --> 0:00:14.840 your life. I'm your host. Be along with me. As 0:00:14.920 --> 0:00:18.639 Jim stout him, I'm excited to hear about the Supreme 0:00:18.680 --> 0:00:23.560 Council or whatever they called. It's like the Jedi Council. God, 0:00:24.040 --> 0:00:26.479 it's it's a problematic comparison in a lot of ways, 0:00:27.400 --> 0:00:30.280 but like, the thing I immediately think of is the 0:00:30.360 --> 0:00:35.040 extent is like like Iran, Like I don't like you 0:00:35.040 --> 0:00:37.880 do not like right, But Iran gets so much shit 0:00:38.040 --> 0:00:40.519 for having the Surer Council, right, which is like this 0:00:40.600 --> 0:00:43.440 council that's like above their parliament, above their president, and 0:00:43.479 --> 0:00:45.040 it can make a bunch of decisions as a bunch 0:00:45.080 --> 0:00:47.760 of power. It's like, we also have a Surer Council, 0:00:47.800 --> 0:00:50.440 except instead of protecting the Islamic Revolution, it's designed to 0:00:50.440 --> 0:00:52.520 protect like the ideology of a bunch of right wingers 0:00:52.520 --> 0:00:56.840 from Harvard. And it's like, well this is great for sure, 0:00:57.000 --> 0:01:00.560 Like yes, yeah, we we have a group of elected, 0:01:00.640 --> 0:01:04.120 half dead people whose entire thing is to protect like 0:01:04.440 --> 0:01:08.640 capital and specifically the theft of land from indigenous people. 0:01:08.720 --> 0:01:11.560 Is that the thing that that they love to do. 0:01:12.400 --> 0:01:14.560 And again to defend a round here, like we did 0:01:14.600 --> 0:01:19.640 this first, Like this is like that one. We'll get 0:01:19.680 --> 0:01:23.240 ever clipped out and used in other context. That's great. 0:01:24.520 --> 0:01:26.600 We kind of pioted this right, like we were. We 0:01:26.600 --> 0:01:29.880 were trying to trying to like take the give monarchism 0:01:29.920 --> 0:01:33.760 a soft landing, you know, so we we had some 0:01:33.840 --> 0:01:35.399 other unelected half dead people. 0:01:36.520 --> 0:01:39.319 Yeah, and this has the results of this have been 0:01:39.400 --> 0:01:42.080 disastrous and are widely regarded by everyone as a disaster. 0:01:42.600 --> 0:01:44.920 So we're gonna be talking about a few cases that 0:01:45.000 --> 0:01:51.000 Supreme Court is going to do, and also we're going 0:01:51.040 --> 0:01:52.720 to be talking about the Streme Court and how it 0:01:52.760 --> 0:01:55.000 relates to sort of liberal what I guess I would 0:01:55.040 --> 0:01:57.800 call sort of liberal NGO, a sort of progressive NGO 0:01:58.280 --> 0:02:00.880 political and legal strategy because as all of that stuff 0:02:00.920 --> 0:02:02.440 needs to be thrown out the window immediately and it 0:02:02.440 --> 0:02:06.360 hasn't been. Yeah, So all right, let's just start with 0:02:06.440 --> 0:02:13.520 Texas Bill four, a very basically just like a turbo 0:02:13.600 --> 0:02:17.960 fascism bill that lets Texas police racially profile someone and go, 0:02:18.040 --> 0:02:20.800 I think this person's here legally and immediately arrest them. 0:02:21.080 --> 0:02:24.679 Yeah, crucially, it's it's I think right, like yeah, so 0:02:24.720 --> 0:02:29.480 it's like again, we are giving the Texas police, like 0:02:29.680 --> 0:02:32.840 the heroes who ran away from Uvaldi, We are giving 0:02:32.880 --> 0:02:36.960 them the power to go this person isn't white. 0:02:37.040 --> 0:02:39.680 I think they're here legally, I can arrest them. And 0:02:39.720 --> 0:02:42.600 then if they do, arrest some one who's undocumented. There's 0:02:43.280 --> 0:02:45.160 the basically the way it works. It so it's it's 0:02:45.200 --> 0:02:49.440 it's it sets up a series of like criminal penalties 0:02:49.560 --> 0:02:52.000 like prison time. I think if if you repeat offender, 0:02:52.040 --> 0:02:54.560 you get a felony. But mostly what it does is 0:02:54.560 --> 0:02:58.120 it less a judge immediately just support them. Now, yeah, 0:02:58.240 --> 0:03:02.519 this is, to use a tech term, obviously insanely illegal, 0:03:03.639 --> 0:03:07.040 like constitutionally like it is. The Constitution is very clear 0:03:07.160 --> 0:03:10.440 that that immigration is is, you know, constitutionally the purview 0:03:10.480 --> 0:03:14.640 of the federal government. It's very funny reading like Scotus 0:03:14.680 --> 0:03:18.080 Blog because people have to sort of pretend that like 0:03:18.200 --> 0:03:21.480 people are making real legal arguments here. Yeah, it's like 0:03:21.560 --> 0:03:25.080 when when Donald Trump is ever like we're we're looking 0:03:25.080 --> 0:03:28.400 at Donald Trump's policies next week spoiler alert. But like 0:03:28.480 --> 0:03:31.720 I've been writing about his proposed immigration policies and you 0:03:31.800 --> 0:03:34.840 have to be like, no, this shit's just fucking it's 0:03:34.880 --> 0:03:38.480 not legal. It's just not like, yeah, some crackpot old 0:03:38.520 --> 0:03:40.440 dude who thinks the fringe is on the flag mean 0:03:40.440 --> 0:03:43.360 that you're under arbraltry law, that he's got a fucking argument, 0:03:43.400 --> 0:03:47.680 but he's wrong, Like this is ready to illegal shit. Yeah, 0:03:47.720 --> 0:03:49.960 and so so this bill was supposed to go into effect. 0:03:50.000 --> 0:03:53.000 There's a whole series of very convoluted court battles over it, 0:03:53.600 --> 0:03:55.400 and this real court was just like, yeah, this can 0:03:55.440 --> 0:03:59.200 go into effect, and this until basically until the case 0:03:59.240 --> 0:04:01.360 goes on, and then it is eventually didn't go into 0:04:01.360 --> 0:04:05.960 effect because another another federal court was like, obviously this 0:04:06.040 --> 0:04:08.320 is insane. We can't let this go into effect. What 0:04:08.360 --> 0:04:11.080 the fuck are you guys talking about? And like this 0:04:11.120 --> 0:04:14.920 this bill, the legal justification for this is batshit. It's 0:04:15.560 --> 0:04:21.840 so okay. They're trying to invoke the state war Clause, 0:04:22.640 --> 0:04:25.520 which is this is this really like old timey law. Okay. 0:04:25.560 --> 0:04:28.760 So the thing the thing about like the seventeen hundreds, 0:04:28.800 --> 0:04:32.440 in the eighteen hundreds is that it takes a significant 0:04:32.480 --> 0:04:35.680 amount of time to get people from I don't know, 0:04:35.720 --> 0:04:40.400 you're you're drawing your like border militia from Kentucky and 0:04:40.440 --> 0:04:43.800 you're you're moving it to Texas, right, That takes a 0:04:43.800 --> 0:04:46.640 lot of time. And so basically it was like, okay, 0:04:46.720 --> 0:04:50.520 so if you're Texas and you're getting attacked by someone, 0:04:51.080 --> 0:04:52.719 you're supposed to be able to use your own troops 0:04:52.720 --> 0:04:54.120 to defend it. You're supposed to be able to like 0:04:54.480 --> 0:04:57.200 sort of semi autonomously run your own defense policy, right, 0:04:58.040 --> 0:04:59.719 And that was supposed to be a thing to let 0:05:00.120 --> 0:05:04.280 to allow states to like you know, use their militia 0:05:04.400 --> 0:05:09.240 to do stuff before like federal troops got there. Abbott 0:05:09.279 --> 0:05:12.960 is arguing that people crossing the border from Mexico is 0:05:13.000 --> 0:05:16.360 an invasion and that this allows him to like legally 0:05:16.400 --> 0:05:19.560 allows him to start doing this stuff. And this is like, 0:05:21.279 --> 0:05:23.320 it's it's funny because you can even see that the 0:05:23.400 --> 0:05:25.880 Biden administration people being like, you've got to be fucking 0:05:25.920 --> 0:05:29.080 kidding me, because like obviously, like I mean, it's not 0:05:29.200 --> 0:05:31.719 like Biden doesn't want to murder people coming over the border. 0:05:31.720 --> 0:05:34.520 But you know, Biden's people are like, well, okay, like, no, 0:05:34.640 --> 0:05:37.280 obviously this is not a war, right, I mean just 0:05:38.440 --> 0:05:40.480 a no in fact, the war we're talking about. 0:05:41.760 --> 0:05:45.400 No, Yeah, I mean that that was kind of always 0:05:45.400 --> 0:05:49.840 the obvious endpoint with this of invasion military males rhetoric, 0:05:49.960 --> 0:05:50.840 right was like okay. 0:05:50.600 --> 0:05:52.640 Well we better shoot them all like that. That was 0:05:52.720 --> 0:05:56.200 clearly what they were shooting for. Yeah, and it's it's 0:05:56.320 --> 0:06:00.359 really it's gotten really, it's gotten really really great and 0:06:00.400 --> 0:06:02.160 it's got you know again, it's it's literally getting to 0:06:02.160 --> 0:06:03.640 this point where they're trying to argue that there is 0:06:03.680 --> 0:06:06.200 a physical war going on and you read these articles 0:06:06.200 --> 0:06:08.360 about it, and the press will be like, well, they're 0:06:08.360 --> 0:06:10.520 saying this because like people are crossing the border and 0:06:10.520 --> 0:06:13.839 like there's cartels. It's like, what the fuck are you 0:06:13.960 --> 0:06:17.039 talking about? This has nothing, like, this is nothing. This 0:06:17.160 --> 0:06:19.840 is literally nonsense. Like it is. They are pointing at 0:06:19.839 --> 0:06:23.760 the sky and going the sky is orange, and the 0:06:23.800 --> 0:06:26.720 press is going, well, if you like, if you stare 0:06:26.760 --> 0:06:30.120 directly into the sun and then blink, it looks like 0:06:30.320 --> 0:06:32.400 maybe the sky is a little bit or just like, 0:06:32.839 --> 0:06:37.440 what the fuck are you people doing? It's it's it's 0:06:37.480 --> 0:06:39.360 genuay at least, it's some of the worst shatalistic about 0:06:39.400 --> 0:06:41.400 practice I've ever seen. You see this like every single 0:06:41.400 --> 0:06:43.839 time trying to do this sort of like ah, balance, 0:06:43.880 --> 0:06:47.120 it's like, no, there's no actual sort of balance here. 0:06:47.160 --> 0:06:49.400 But on the other hand, this doesn't matter because the 0:06:49.400 --> 0:06:52.880 Supreme Court was just like, yeah, this can go into effect, right, 0:06:53.000 --> 0:06:56.719 And like the other thing you'll see, like I guess 0:06:56.839 --> 0:06:59.039 this is more in the Trump era, right, was like 0:07:00.320 --> 0:07:02.960 you'd see someone Trump would do a thing and everyone 0:07:03.120 --> 0:07:05.600 rather than just being like if this one's fucking illegal, everyone, 0:07:05.920 --> 0:07:08.640 can we just wrap this up? Seth Aberton would write 0:07:08.640 --> 0:07:11.560 seventy five thousand tweets about how like it was going 0:07:11.640 --> 0:07:15.040 to result, and people began to have this belief that 0:07:15.120 --> 0:07:17.920 like the fucking Supreme Court was made up of like 0:07:18.080 --> 0:07:21.680 magical rainbow unicorns who were gonna sweep in and save 0:07:21.760 --> 0:07:23.640 us all from fascism, Like these are the same people 0:07:23.680 --> 0:07:25.160 who are hanging out with the guys who had the 0:07:25.320 --> 0:07:30.800 like fascist statues and yeah, taking massive kickbags. Like it's 0:07:30.880 --> 0:07:35.800 just I know it, none of this legality stuff. I guess, No, 0:07:35.880 --> 0:07:37.200 it doesn't matter, it doesn't matter. 0:07:37.360 --> 0:07:41.000 It's a problem, yeah, And like I think this is 0:07:41.000 --> 0:07:42.480 something that you were hint to get earlier, but like 0:07:42.520 --> 0:07:45.560 it shouldn't factor in our organizing, Like I see so 0:07:45.760 --> 0:07:48.320 many people pin so much hope on ex court case 0:07:48.400 --> 0:07:51.800 or why court case, like, institutions created by people who 0:07:51.840 --> 0:07:55.440 owned other human beings are not going to fucking save us. 0:07:56.240 --> 0:07:59.040 Yeah, and you know, there's something that the right has actually, 0:07:59.080 --> 0:08:00.960 i think understood it very well, partially in the way 0:08:01.000 --> 0:08:03.760 that they've they've been able to sort of institutionally capture 0:08:04.320 --> 0:08:07.200 huge portions of the court system, and because they understand 0:08:07.280 --> 0:08:10.600 that the law is fucking meaningless and you know, it's 0:08:10.640 --> 0:08:12.960 it's you can and you can just tell the cops 0:08:13.000 --> 0:08:15.400 to do whatever the fuck you want. One of the 0:08:15.400 --> 0:08:18.120 strategies they've been using has, like if specifically, to get 0:08:18.160 --> 0:08:22.600 this bill through, is by just having judges issue like 0:08:23.000 --> 0:08:25.920 temporary injunctions and other injunctions to like allow them to 0:08:25.920 --> 0:08:27.680 go into effect, but then you know, with the intention 0:08:27.720 --> 0:08:30.400 of just never letting them expire. Right, So what you're 0:08:30.440 --> 0:08:34.040 getting basically is just judges implementing policy by FIA by 0:08:34.080 --> 0:08:36.160 continuously going, oh, well, this can go, this can go 0:08:36.240 --> 0:08:37.920 because we're giving like a where we're you know, we're 0:08:37.920 --> 0:08:42.280 on like our thirty eighth one month injunction and you know, 0:08:42.360 --> 0:08:45.559 and this is the thing that like the Biden administration's 0:08:45.760 --> 0:08:47.480 plan to deal with this is to be like, well, 0:08:47.520 --> 0:08:50.160 you shouldn't be able to do that, but like, how 0:08:50.200 --> 0:08:52.319 are you going to stop them? Right? The court system 0:08:52.400 --> 0:08:54.880 is set up in such a way that these people 0:08:54.960 --> 0:08:58.360 are just feudal lords. They're almost completely autonomous. The only 0:08:58.400 --> 0:09:01.079 people who can over rule them are the people above them. 0:09:01.120 --> 0:09:02.840 But the problem there too, and this is like the 0:09:02.840 --> 0:09:06.880 Republicans have been using very effectively, is that it takes 0:09:06.960 --> 0:09:11.280 time for a court above it to, you know, just 0:09:11.520 --> 0:09:14.160 to overrule the like insane thing the court below them 0:09:14.200 --> 0:09:15.599 is doing. And if the cort below them is just 0:09:15.640 --> 0:09:20.440 constantly churning out just nonsense over and over again, then 0:09:20.640 --> 0:09:22.400 they can just do whatever the fuck they want. Because 0:09:22.440 --> 0:09:25.440 even if the court above them actually did want to 0:09:25.480 --> 0:09:27.600 do something about this, which in a very rare cases 0:09:27.640 --> 0:09:31.240 sometimes happens, they literally can't because they've just been you know, 0:09:31.240 --> 0:09:33.120 because they're just sort of swamped by all of this 0:09:33.800 --> 0:09:36.000 just absolute bullshit that's being thrown out. 0:09:36.400 --> 0:09:39.319 Yeah, if you take a case which just to not 0:09:39.360 --> 0:09:41.800 make this like a partisan thing, if you take a 0:09:41.800 --> 0:09:44.640 case in which, like the Supreme Court might line up 0:09:44.679 --> 0:09:47.959 with the I guess a lot of Republican positions was 0:09:48.040 --> 0:09:50.439 a position that many people listening to this podcast might take. 0:09:50.440 --> 0:09:54.720 For instance, California's gun laws. Right, California passes so many 0:09:54.840 --> 0:09:58.920 fucking gun laws so often that the time that it 0:09:59.080 --> 0:10:02.800 takes for even if they are like contravening something like 0:10:02.840 --> 0:10:06.000 the Brewin decision, right or the spirit of the Brewing decision, 0:10:06.679 --> 0:10:09.199 it takes so long for them to pass all the 0:10:09.240 --> 0:10:11.400 way up and maybe eventually go to Supreme Court, maybe 0:10:11.480 --> 0:10:15.040 not right, that that in effect California can do things 0:10:15.200 --> 0:10:20.080 which seem like the Supreme Court would say they were unconstitutional. 0:10:20.120 --> 0:10:24.640 It doesn't really matter because they can still do them right. 0:10:24.920 --> 0:10:28.400 And with the go go to the Night Circuit in California, 0:10:28.559 --> 0:10:30.480 you can make decisions that affirm those in and like 0:10:31.200 --> 0:10:35.400 it doesn't matter, It doesn't matter what's constitutional or more importantly, 0:10:35.440 --> 0:10:36.199 like what's just. 0:10:40.640 --> 0:10:42.800 If you look if you're looking for the justices for 0:10:43.000 --> 0:10:45.920 justice who are looking in the wrong place. Yeah, exactly. 0:10:45.960 --> 0:10:48.400 And when it comes to border stuff, I guess before 0:10:48.440 --> 0:10:52.600 that me is talking about like that kills people, you know, 0:10:52.720 --> 0:10:56.559 like like and some of the most desperate people on earth. 0:10:56.679 --> 0:10:59.960 Like I've been to the border in Texas. You know 0:11:00.120 --> 0:11:01.880 you're not swimming across that river because you think you 0:11:01.960 --> 0:11:03.680 might get a PlayStation five when you get to the 0:11:03.720 --> 0:11:07.120 other side, Like it's fucking dangerous, and the journey. 0:11:06.800 --> 0:11:07.280 To get there. 0:11:07.280 --> 0:11:08.920 People who tend to come across the land border to 0:11:08.960 --> 0:11:11.960 Texas or of want to, like migros, ain't fucking stupid. 0:11:12.360 --> 0:11:15.640 They have access to all the same news and information 0:11:15.679 --> 0:11:17.800 that you do. They have smartphones that might be a 0:11:17.840 --> 0:11:19.920 little bit older, but they can still read shit, and 0:11:20.840 --> 0:11:23.520 that they know that the ninth Circuit is kinder, so 0:11:23.559 --> 0:11:26.760 that if they have the money, they will come to California. 0:11:27.920 --> 0:11:30.600 For some people end up in California without very much money. 0:11:30.600 --> 0:11:32.720 We've seen that a lot with African migrants in Tichuina, 0:11:32.800 --> 0:11:35.000 But like a lot of the people going to Texas, 0:11:35.040 --> 0:11:37.200 it's because that's the land route walking north and they 0:11:37.200 --> 0:11:41.040 don't have the finances to go anywhere else. And those 0:11:41.120 --> 0:11:45.280 people are extremely like they're like there are any number 0:11:45.320 --> 0:11:48.679 of reasons why they have a legitimate right to asylum 0:11:48.840 --> 0:11:51.760 or just a right not to be fucking profiled, or 0:11:51.800 --> 0:11:54.040 like any other person of kind of living in Texas 0:11:54.080 --> 0:11:58.160 has a basic right note to be profiled, and demonizing 0:11:58.240 --> 0:12:02.600 those people is being used like a trojan horse just 0:12:02.640 --> 0:12:04.480 to do straight up racism law. 0:12:05.840 --> 0:12:07.680 Yeah, and then and meanwhile, like you know, you have 0:12:07.760 --> 0:12:10.080 fucking Clarence Thomas, who's sitting there, who has gotten more 0:12:10.160 --> 0:12:12.920 kickbacks than every single one who who's crossed the border 0:12:12.920 --> 0:12:17.120 of their total wealth combined, is just sitting there being like, nah, 0:12:17.240 --> 0:12:19.560 fuck you, it's legal to throw these people into the chainsaw, 0:12:19.760 --> 0:12:23.960 like it's fine. Yeah, exactly, Like, I don't really know 0:12:24.000 --> 0:12:27.000 how people maintain their faith in a system which holds 0:12:27.000 --> 0:12:30.480 this dude completely unaccountable for very obviously being bent like 0:12:31.559 --> 0:12:35.120 bent is in corrupt. I'm not using a homophobic slur. No, 0:12:35.280 --> 0:12:37.760 this is the way that's a homophobe. Yeah, I think 0:12:37.760 --> 0:12:41.199 it's really a British English wild Yeah, I've never heard 0:12:41.200 --> 0:12:43.079 of either of those. I really. 0:12:43.480 --> 0:12:47.640 Okay, welcome to the podcast where I say British things 0:12:47.720 --> 0:12:49.160 and Ian bleeps some of them out. 0:12:50.080 --> 0:12:52.560 Do you know what else says British things that occasionally 0:12:52.600 --> 0:12:54.480 has some of them bleed it out. It's chump a 0:12:54.559 --> 0:13:11.960 casino presented by wankers, and we're back from whatever insane 0:13:12.080 --> 0:13:14.240 gat We should at some point do an episode about 0:13:14.400 --> 0:13:18.359 the gambling law changes. I'm sure that'll be fine with Yeah, 0:13:19.080 --> 0:13:22.560 go down. Well great, Oh boy, so we're there are 0:13:22.600 --> 0:13:25.920 some other so okay, so the Texas centup Bill four 0:13:26.000 --> 0:13:29.480 case is coming in sort of like mid late April, 0:13:30.120 --> 0:13:31.920 which is now this month, by the way, which is 0:13:32.040 --> 0:13:36.800 nuts great, it's not. There are a couple of other 0:13:36.960 --> 0:13:39.079 cases coming down the pipeline that we wanted to talk 0:13:39.120 --> 0:13:43.640 about because so obviously the Streame Court you know, has 0:13:43.800 --> 0:13:47.160 directly already done stuff with s before, but the lass 0:13:47.200 --> 0:13:50.320 there's still still in the processure to lawsuit. There's also 0:13:50.440 --> 0:13:53.280 a case about MEPhI prestone, which is in a border factor, 0:13:53.480 --> 0:13:55.839 which is, you know, one of the ways that if 0:13:55.840 --> 0:13:58.960 you are you're in a place where it is illegal 0:13:58.960 --> 0:14:01.080 for you to normally get a this is a way 0:14:01.120 --> 0:14:05.160 you can do it. So okay. The basis of this 0:14:05.240 --> 0:14:09.440 case is that in twenty sixteen twenty twenty one, the 0:14:09.520 --> 0:14:12.520 FDA did one of the few good things it's ever done, 0:14:12.640 --> 0:14:15.760 and there were some sort of changes to legal classifications 0:14:15.800 --> 0:14:19.080 around for pristone that allowed you to get it, not 0:14:19.880 --> 0:14:21.280 allowed you to get it without having to get it 0:14:21.320 --> 0:14:23.520 directly prescribed by a doctor, so you know, you could 0:14:23.600 --> 0:14:26.200 have the rest practitioners do it. And also it was 0:14:26.240 --> 0:14:28.160 a thing that didn't work like you can get it 0:14:28.200 --> 0:14:30.520 over the counter like it was. It was not a 0:14:30.520 --> 0:14:32.760 thing that suddenly that requires an enormous amount of sort 0:14:32.800 --> 0:14:37.000 of doctor bullshit, and it also used to require physical visits, 0:14:37.320 --> 0:14:39.360 so you'd have to go find a doctor in another 0:14:39.400 --> 0:14:41.840 state and get into priority to you. And so that 0:14:41.880 --> 0:14:43.240 all went away. You were able to get it through 0:14:43.240 --> 0:14:48.400 telemedicine and immediately basically after I get I guess probably 0:14:48.440 --> 0:14:50.800 the peak of the Republican counter revolution in the last 0:14:50.880 --> 0:14:55.480 four years, where they destroyed the national well, they destroyed 0:14:55.520 --> 0:14:59.479 the tatted remains of ROW. A bunch of like deranged 0:14:59.560 --> 0:15:04.680 right wing groups set about to get messapristone bands and 0:15:04.760 --> 0:15:08.360 so basically what they're trying to do is overturn. They're 0:15:08.360 --> 0:15:10.960 trying to get its approval by the FDA overturn, and 0:15:11.000 --> 0:15:14.240 also they approval for the generic version of it overturned, right, 0:15:14.760 --> 0:15:18.760 And this is the whole strategy here is very weird 0:15:19.240 --> 0:15:22.640 because okay, so this is a one of the things 0:15:22.680 --> 0:15:25.240 about the US and part of the reason all of 0:15:25.280 --> 0:15:28.240 this court stuff is so weird because of the structure 0:15:28.240 --> 0:15:30.200 of the sort of regional autonomy. Off the courts. You 0:15:30.200 --> 0:15:32.880 can basically just do court shopping. You can go find 0:15:33.000 --> 0:15:37.120 some like guy who's basically a feudal baron in Texas 0:15:37.160 --> 0:15:40.480 and be like, hey, you hate abortion, Like here write 0:15:40.880 --> 0:15:43.040 some piece of paper that says this is legal. Now. 0:15:43.520 --> 0:15:46.520 So there have been a series of sort of battles 0:15:47.160 --> 0:15:51.120 over different levels of courts, you know, like approving or 0:15:51.160 --> 0:15:53.200 disapproving some things. This is actually this is one of 0:15:53.280 --> 0:15:58.080 these cases that's actually so obviously it's the immediate consequence 0:15:58.120 --> 0:16:00.000 here is if the Supreme Court decides that you can 0:16:00.080 --> 0:16:02.200 ban this, it's going to get really, really fucking bad 0:16:02.240 --> 0:16:05.040 for a lot of people. But this is also a 0:16:05.080 --> 0:16:07.200 case stuff feeds into another trend that's been happening, which 0:16:07.240 --> 0:16:11.280 is the Republicans attempting to use the court system to 0:16:11.320 --> 0:16:15.280 just completely annihilate the federal bureaucracy. Because the other thing 0:16:15.320 --> 0:16:17.720 that's at stake here and this is you know, obviously 0:16:17.880 --> 0:16:20.200 the people's access to getting abortions is the most important 0:16:20.240 --> 0:16:23.000 part of it. The subsequent less important part of it 0:16:23.080 --> 0:16:25.560 is that right now there is a eight there are 0:16:25.680 --> 0:16:30.640 national standards for for prescriptions, right there's unified national like 0:16:30.680 --> 0:16:33.080 the FDA is unified national standards for sort of food 0:16:33.120 --> 0:16:38.960 safety and like, and if this gets knocked out, that's 0:16:39.000 --> 0:16:43.440 like gone, yeah, And so suddenly large massive parts, i mean, 0:16:43.640 --> 0:16:45.680 like courts having the ability to just sort of go 0:16:45.800 --> 0:16:49.760 in and nuke like FDA approvals for stuff, right, or 0:16:49.920 --> 0:16:53.360 states being able to like this is going to rip 0:16:53.520 --> 0:16:57.080 like tear, like tearing the fucking guts out of the 0:16:57.240 --> 0:17:02.680 entire American sort of like legal bureaucracy. It's it's coming apart, Yeah, 0:17:03.200 --> 0:17:03.600 it's yeah. 0:17:03.800 --> 0:17:08.680 And the they're like the medical you know, your access 0:17:08.720 --> 0:17:10.800 to medicines that someone else doesn't want you to have. 0:17:11.440 --> 0:17:13.240 Yeah, this is one of these cases that has you know, 0:17:13.280 --> 0:17:15.960 there's there's sort of two elements at work here, right, 0:17:16.080 --> 0:17:20.840 there's there there's there's there's the there's the immediate, like 0:17:20.920 --> 0:17:23.040 Republicans are trying to ban every single way you can 0:17:23.080 --> 0:17:26.119 possibly get an abortion to force people to have kids 0:17:26.119 --> 0:17:27.640 because this is you know, this is part of their 0:17:27.640 --> 0:17:31.560 sort of reactionary ideology. And then there's the other part 0:17:31.560 --> 0:17:34.480 of it, where there's been there's been a few other 0:17:34.520 --> 0:17:37.040 cases like this too. One of the one of the 0:17:37.040 --> 0:17:39.199 things that looks like that they're trying to do is 0:17:39.480 --> 0:17:41.880 get we're gonna I'm gonna do a full upside about 0:17:41.880 --> 0:17:43.840 this at some point when I can get a good 0:17:43.920 --> 0:17:46.680 labor lawyer to talk about it. But they're trying to 0:17:46.680 --> 0:17:49.399 overturn the National Labor Relations Act, which is the act 0:17:49.440 --> 0:17:51.960 that basically sets up the right to unionization and the 0:17:52.000 --> 0:17:56.880 whole the whole process of how how labor mediation works. 0:17:57.920 --> 0:17:59.720 And I mean then there there's other ones where I mean, 0:17:59.760 --> 0:18:05.479 like really substantively enormous parts of the American sort of 0:18:05.640 --> 0:18:09.520 the American state are just being torn apart in ways 0:18:09.640 --> 0:18:14.560 that are specifically designed to just allow corporations and these 0:18:14.600 --> 0:18:17.399 like fiefdom judges to have effectively unlimited political power. 0:18:19.560 --> 0:18:23.000 Yeah, I don't know's it's a fucking bleak, Like it's 0:18:24.200 --> 0:18:28.119 I mean, it's also predictable, right, Like it's kind of 0:18:28.119 --> 0:18:30.720 the nature of the state, and it's the nature of 0:18:30.760 --> 0:18:33.440 these people to want to take away Like the state 0:18:33.520 --> 0:18:37.359 ultimately is not there to protect you, It's there to 0:18:37.400 --> 0:18:41.000 protect capital. And like it's a failure of our organizing 0:18:41.080 --> 0:18:44.280 when when we keep going back to the state and 0:18:44.320 --> 0:18:46.440 asking it to do something that fundamentally has no interest 0:18:46.520 --> 0:18:46.920 in doing. 0:18:47.520 --> 0:18:53.480 Yeah, and this is really a substantive issue with you know, 0:18:53.560 --> 0:18:55.920 I remember this, this was the ACOU strategy under Trump. 0:18:55.920 --> 0:18:57.560 I've talked about this the show before. The issue U 0:18:57.600 --> 0:18:59.480 strategy under Trump was to go to the courts and 0:18:59.520 --> 0:19:02.080 win there. I mean, this is this has been the 0:19:02.119 --> 0:19:04.280 sort of what the political strategy getting back to sort 0:19:04.280 --> 0:19:08.680 of the civil rights era, and that's it's you can't 0:19:08.680 --> 0:19:10.960 do this anymore because it doesn't It doesn't even like 0:19:13.440 --> 0:19:17.600 whether or not you are correct, like like legally correct 0:19:17.640 --> 0:19:20.000 about a thing, right, which used to be what this 0:19:20.200 --> 0:19:22.400 was just sort of hinged on and whether you could 0:19:22.400 --> 0:19:25.439 convince justic this like this doesn't matter anymore, like they've 0:19:26.119 --> 0:19:27.679 you know, like if if you if you read the 0:19:27.800 --> 0:19:30.600 ruling on on like if you actually go through and 0:19:30.680 --> 0:19:33.200 read the ruling that overturned road View Wade right, like 0:19:33.359 --> 0:19:36.600 the league the legal logic in there is deranged. It's 0:19:36.720 --> 0:19:39.480 just like, yeah, we didn't have this X number of 0:19:39.600 --> 0:19:43.560 years ago, so fuck it, like you can't do this now. 0:19:43.680 --> 0:19:46.639 It's like this is this is nonsense, but it doesn't 0:19:46.680 --> 0:19:49.639 matter because the the the actual weight of the law 0:19:49.760 --> 0:19:51.520 is not is not you know, a sort of like 0:19:52.080 --> 0:19:55.160 series of debates about like logic or about the efficacy 0:19:55.280 --> 0:19:57.400 or the meaning of texts. It's just about who has 0:19:57.440 --> 0:20:00.560 the power to point guns at people? And the answer 0:20:00.600 --> 0:20:05.240 is you don't have that you, you, dear listener, do not 0:20:05.359 --> 0:20:07.960 have that power. Okay, do you know who else is 0:20:08.000 --> 0:20:12.120 going to destroy the American federal bureaucracy. Oh, yes, yes, 0:20:12.160 --> 0:20:14.200 I do. Mayeah. It's it's a product and services to 0:20:14.240 --> 0:20:27.880 support this podcast, and we are back for more hookers. 0:20:29.200 --> 0:20:31.119 So we want going to talk about one more case, 0:20:31.200 --> 0:20:33.920 which is grap Pass versus Johnson, which is a case 0:20:34.080 --> 0:20:38.120 to decide whether or not you can make it illegal 0:20:38.160 --> 0:20:41.240 to be homeless. Yeah, yeah, talking pointing guns at people. 0:20:41.240 --> 0:20:44.840 This one's about pointing guns at homeless people, which is great, 0:20:45.040 --> 0:20:48.679 great good. So this is one I've been following a 0:20:48.720 --> 0:20:53.040 little bit just because one thing that tok Kloya loves 0:20:53.080 --> 0:20:56.720 to do is criminalize poverty. And I happen to, unfortunately 0:20:56.720 --> 0:21:00.119 live in a city of which he is met in 0:21:00.200 --> 0:21:03.920 San Diego. We have seen, like it's all the things 0:21:03.960 --> 0:21:07.200 they told your Republicans would do our Democrat Mayorge doing. 0:21:07.600 --> 0:21:12.480 And what the Grants Pass versus a Johnson case is about. 0:21:12.520 --> 0:21:14.280 It's a city of Grant's Pass, which I guess is 0:21:14.280 --> 0:21:18.520 a place in Oregon, and it's whether they can criminalize 0:21:19.080 --> 0:21:22.399 sleeping on the street if there are no safe shelter 0:21:22.480 --> 0:21:28.520 beds available. So that the idea here being that like again, 0:21:28.640 --> 0:21:30.680 like this is one has to understand that I'm speaking 0:21:30.680 --> 0:21:32.040 from the logic of the state when I try and 0:21:32.040 --> 0:21:35.760 explain this, like that if there is a shelter bed 0:21:35.800 --> 0:21:38.520 to go to, they can compel you to go to 0:21:38.560 --> 0:21:43.320 it with threat of prosecution, right or criminalization. But if 0:21:43.320 --> 0:21:45.040 there is not a shelter bad to go to, then 0:21:45.119 --> 0:21:50.119 like you're not somehow your culpability changes, right, Like like 0:21:50.240 --> 0:21:52.399 you're you're not refusing to take shelter. There is no 0:21:52.480 --> 0:21:56.480