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Well. 0:01:51.320 --> 0:01:54.560 Hello there, Happy Monday, and welcome to another episode of 0:01:54.600 --> 0:01:56.440 the check podcast. If you are waking up in the 0:01:56.480 --> 0:02:00.640 Assella Corridor, I hope you don't have a foot of 0:02:00.640 --> 0:02:03.400 snow outside those of us on the southern end of 0:02:03.440 --> 0:02:06.520 the Slate Corridor or breathing a sigh of relief those 0:02:06.560 --> 0:02:10.440 of you in New York that might be another story. 0:02:11.080 --> 0:02:13.440 But for those of us that make content, it means 0:02:13.480 --> 0:02:17.840 you have more time bundled up in your house or 0:02:17.880 --> 0:02:21.240 you have to get out put the AirPods in. So 0:02:21.800 --> 0:02:27.760 I hope I can be a useful distraction while you're shoveling, sweeping, 0:02:27.840 --> 0:02:31.000 whatever you may be doing this morning. Look, it's a 0:02:31.040 --> 0:02:33.320 packed episode. As you know. I did a quick sort 0:02:33.360 --> 0:02:36.720 of emergency response as we got the big tariff ruling, 0:02:37.160 --> 0:02:40.520 and this is just such a monumental moment in the 0:02:40.560 --> 0:02:43.959 Trump presidency. It's very well, we look back, this is 0:02:44.000 --> 0:02:45.720 the beginning of the end. We may look back and 0:02:45.720 --> 0:02:47.880 say Liberation Day was sort of when it all actually 0:02:47.960 --> 0:02:49.600 was starting to come to an end. I'll get to 0:02:49.639 --> 0:02:51.639 that point in a minute, but let me give you 0:02:51.639 --> 0:02:53.160 a rundown of everything we're going to do. I'm going 0:02:53.240 --> 0:02:57.000 to unpacked all things tariff, because look, an important moment, 0:02:57.320 --> 0:03:02.600 the democracy, the guard rails, separations, like all of the 0:03:02.639 --> 0:03:12.000 features of this republic blossomed a bit. So that's that. 0:03:12.240 --> 0:03:15.560 And then you have a president responding as if he 0:03:15.680 --> 0:03:20.560 is now his goal is to destroy his own party 0:03:20.560 --> 0:03:22.160 in the midterms and do whatever it takes to help 0:03:22.160 --> 0:03:26.600 the Democrats, because his initial response on this is politically catastrophic. 0:03:27.600 --> 0:03:29.800 But hey, by the time you're listening to this, we 0:03:29.880 --> 0:03:33.160 also could be launching a new over of the ron because, oh, 0:03:33.240 --> 0:03:38.200 guess what, before the tariff ruling, we still have the 0:03:38.280 --> 0:03:40.760 largest build up in the Middle East of military assets 0:03:40.760 --> 0:03:44.880 since the start of the Iraq War. What's going on? 0:03:45.320 --> 0:03:48.480 What are we up to? Congress still is not being told. 0:03:48.720 --> 0:03:51.760 Is this about the nuclear program? Is this about negotiation? 0:03:52.280 --> 0:03:56.880 Is this about regiem change? The president who loves not 0:03:57.000 --> 0:04:06.119 to explain his rationales, is I think underestimating how precarious 0:04:06.160 --> 0:04:09.839 of a position he might be in here. But we'll see, 0:04:09.880 --> 0:04:12.960 and who knows. Maybe he's going to I mean, my goodness, 0:04:12.960 --> 0:04:16.240 the State of the Union on Tuesday? Is he going 0:04:16.320 --> 0:04:19.839 to announce that the missiles are dropping as he begins 0:04:19.839 --> 0:04:21.400 to State of the Union. Does he want to step 0:04:21.400 --> 0:04:23.440 on his own State of the Union? Is that his goal? 0:04:23.480 --> 0:04:25.760 Does he want to announce something? Does he want does 0:04:25.760 --> 0:04:28.160 he not want the specific does he have not maybe 0:04:28.160 --> 0:04:33.520 he doesn't have much to say beyond or does he 0:04:33.640 --> 0:04:37.280 rant and rave about the tariffs and complain about that? 0:04:37.320 --> 0:04:39.400 Does he ask Congress for some help on this? So 0:04:39.800 --> 0:04:42.880 we are in an incredibly precarious moment of his presidency, 0:04:42.920 --> 0:04:45.359 though to say it's the most precarious is sort of 0:04:46.279 --> 0:04:48.680 how do you pick right we kind of live in 0:04:48.720 --> 0:04:52.280 a constant state of turmoil and instability ever since he 0:04:52.560 --> 0:04:54.919 came down that escalator. So we are in one of 0:04:54.920 --> 0:04:58.920 those moments, massive economic instability. Small business is still trying 0:04:58.920 --> 0:05:03.120 to figure out what comes now. But we got some 0:05:03.200 --> 0:05:09.880 important institutional pushback on Trump's attempts to usurp power from Congress. 0:05:09.880 --> 0:05:11.360 So again, I'm gonna get to all that. Let me 0:05:11.440 --> 0:05:13.279 give you, like I said, a quick rundown, I'm going 0:05:13.360 --> 0:05:16.960 to break down. We got seven of the nine Supreme 0:05:16.960 --> 0:05:20.960 Court justices felt like they had to express their own 0:05:21.080 --> 0:05:23.400 view as to why they came to the decision. They 0:05:23.440 --> 0:05:26.640 came seven of the nine. The only two justices not 0:05:26.720 --> 0:05:31.160 to write their own separate either concurrence or dissent, Samuel 0:05:31.160 --> 0:05:36.000 Alito and Sonya Soda mayor everybody else had something to say, 0:05:36.040 --> 0:05:39.200 with the Neil Gorsuch concurring opinion being the most fascinating 0:05:39.640 --> 0:05:41.560 of all of them. But we're going to get into that. 0:05:41.560 --> 0:05:45.440 There's a brand new and ABC News poll out that 0:05:45.760 --> 0:05:49.479 shows incredibly bad news for the President and Republicans. But 0:05:49.560 --> 0:05:52.320 guess what doesn't show much good news for the Democrats. 0:05:52.360 --> 0:05:54.239 I will get to that in a moment. I spent 0:05:54.360 --> 0:05:57.320 part of my weekend at the Principal's First Conference at 0:05:57.320 --> 0:06:02.480 the Gaylord Hotel in suburban Maryland outside of DC. They've built. 0:06:02.760 --> 0:06:07.520 This is their six six year gathering. It was an 0:06:07.520 --> 0:06:12.680 impressive event it gave. I had a ton of in 0:06:13.040 --> 0:06:18.880 moderator panel with Pat McCrory, Bill Crystal, and another member 0:06:18.920 --> 0:06:23.000 of the Principal's First organization. And because it really is 0:06:23.040 --> 0:06:27.719 a gathering of center rights sort of ex Republicans lost Independence, 0:06:28.839 --> 0:06:31.120 a lot of military veterans and even a few active 0:06:31.160 --> 0:06:35.240 duty people I met there who feel politically lost but 0:06:35.400 --> 0:06:42.400 are alarmed by what's happened in this current moment inside 0:06:42.400 --> 0:06:45.600 the Republican Party. So it was an interesting conversation and 0:06:46.040 --> 0:06:50.520 I've I was moderating some interesting tension. Let's just say 0:06:50.560 --> 0:06:52.680 Pat McCrory and Bill Crystal, well they both have an 0:06:52.680 --> 0:06:56.919 agreement about Trump. They weren't unnecessarily on the same page 0:06:56.920 --> 0:06:59.200 of what comes next and how to do this? And 0:06:59.240 --> 0:07:02.040 I think that this is this is the debate that 0:07:02.160 --> 0:07:06.000 many non you know, sort of independence and anti Trump 0:07:06.040 --> 0:07:09.400 Republicans are having is do you try to save the 0:07:09.440 --> 0:07:12.120 Republican Party? Do you try to start something new? Do 0:07:12.200 --> 0:07:14.800 you try to get behind an independent or do you 0:07:14.840 --> 0:07:19.720 make common cause with the Democrats temporarily? That debate is 0:07:19.760 --> 0:07:24.520 a very lively discussion inside this group. I found it 0:07:24.520 --> 0:07:30.320 to be shall we say, intellectual nourishing might be a 0:07:30.320 --> 0:07:33.920 way to put it. Meanwhile, Team USA, right, how do 0:07:34.000 --> 0:07:36.840 I I want to get to that? That's very exciting, 0:07:38.040 --> 0:07:42.560 and I'm going to over I'm going to overanalyze the 0:07:42.600 --> 0:07:45.280 period of time. We haven't won the Olympic hockey goal 0:07:45.440 --> 0:07:48.440 since nineteen eighty. What's interesting is that in many ways 0:07:49.120 --> 0:07:53.640 America in nineteen eighty, that in that February, January, February 0:07:53.680 --> 0:07:55.880 and March period, that first quarter of the year nineteen eighty, 0:07:56.240 --> 0:07:59.960 we were in a meles We were isolated, We felt 0:08:00.120 --> 0:08:04.000 isolated from the world. We had Iran, had our hostages, 0:08:04.120 --> 0:08:07.880 We were a divided politically in a sort of beginning 0:08:07.880 --> 0:08:11.560 of a political depression. Sounds familiar, doesn't right? Oh, by 0:08:11.600 --> 0:08:13.280 the way, we had an unpopular president and we have 0:08:13.320 --> 0:08:17.520 an unpopular president. We have all of this. So and 0:08:17.560 --> 0:08:20.680 that Olympic gold sort of was the beginning of you know, 0:08:21.320 --> 0:08:24.040 and we ended up on a good sort of twenty 0:08:24.120 --> 0:08:26.200 year run, you know, with a few ups and downs, 0:08:26.600 --> 0:08:31.640 but a nice twenty year run arguably starting with that 0:08:31.720 --> 0:08:34.800 Olympic gold all the way until nine to eleven. When 0:08:34.840 --> 0:08:37.400 you think about america role in the world, all of 0:08:37.440 --> 0:08:40.199 those things, end of the Cold War, et cetera, et cetera. 0:08:40.360 --> 0:08:43.560 So you know, maybe maybe this is a good omen. 0:08:44.600 --> 0:08:47.360 I choose to believe it is a good open on 0:08:47.400 --> 0:08:55.480 that front. So with that, let's unpack what the Supreme 0:08:55.520 --> 0:09:00.000 Court just did, because after you know, our guardrails are back. 0:09:00.520 --> 0:09:04.320 They're bruised, but as we found out Friday, they still 0:09:04.679 --> 0:09:10.559 exist in this constitutional republic, and frankly, the results not surprising. 0:09:10.720 --> 0:09:13.319 You know, I got started with this relaunch of the 0:09:13.400 --> 0:09:16.640 Check podcast. It was in April, about a week before 0:09:16.720 --> 0:09:19.160 so called liberation debt. And if you want to go 0:09:19.200 --> 0:09:21.800 back to those earlier episodes to fact check me on this, 0:09:21.840 --> 0:09:23.760 I could tell you. I said, look, these are not 0:09:24.040 --> 0:09:27.840 going to be seen as constitutional. These will not survive 0:09:28.520 --> 0:09:31.880 a court challenge. The only question is is whether this 0:09:31.960 --> 0:09:34.720 ends up costing all of us more money. Right, it's 0:09:34.720 --> 0:09:37.520 already cost consumers money. Now there's going to be people 0:09:37.559 --> 0:09:40.240 looking for their refunds. And the irony is that the 0:09:40.520 --> 0:09:44.280 president is now going to accelerate our debt and deficit 0:09:45.040 --> 0:09:48.520 in ways that we already knew. He didn't really care 0:09:48.520 --> 0:09:51.200 about the national debt or the deficit. Again, this is 0:09:51.200 --> 0:09:54.320 a guy who's always borrowed other people's money, used it 0:09:54.360 --> 0:09:57.559 for himself, declared bankruptcy, and walked away. Right. He's done 0:09:57.559 --> 0:09:59.640 it many, many times, so of course he's going to 0:09:59.640 --> 0:10:01.520 do it with the US government. He doesn't care about 0:10:01.520 --> 0:10:04.959 those things. He just doesn't sort of see it. And 0:10:05.000 --> 0:10:09.560 he certainly has. If he took basic macro and microeconomics 0:10:09.559 --> 0:10:14.440 in college, he clearly didn't absorb anything with what he learned. 0:10:14.440 --> 0:10:17.040 I mean, this has been an economic disaster for the country. 0:10:18.280 --> 0:10:23.199 It has been a terrible for global leadership. And again 0:10:23.280 --> 0:10:25.360 we I think may look back that this is in 0:10:25.960 --> 0:10:29.920 sort of you know, I'm reminded of George W. Bush 0:10:30.080 --> 0:10:33.000 right after he went his second term and he pursues 0:10:33.040 --> 0:10:37.280 an unpopular policy of privatizing social security just you know, 0:10:37.360 --> 0:10:38.760 blew up in a faith. Then he wanted to do 0:10:38.800 --> 0:10:42.600 immigration that wasn't popular inside his own party, and eventually 0:10:43.040 --> 0:10:45.559 he had approval rating somewhere in the mid ti thirties, 0:10:46.600 --> 0:10:51.720 and you had a Democratic streep in that midterm of 0:10:51.760 --> 0:10:55.640 his second term, and then the biggest Democratic essentially the 0:10:55.679 --> 0:11:00.120 biggest Democratic victory in a presidential race, with the the 0:11:00.120 --> 0:11:02.559 Democratic tennant getting over fifty percent for the first time 0:11:02.600 --> 0:11:09.480 since Jimmy Carter and then before that LBJ. So that's 0:11:09.520 --> 0:11:12.840 what this sort of And you know in the moment, 0:11:13.000 --> 0:11:17.840 you didn't quite know when Bush was just never was 0:11:18.240 --> 0:11:21.920 had hit unrecoverable status really until the election itself. So 0:11:22.559 --> 0:11:24.679 you know, I'm not going to declare Trump dead. He's 0:11:24.679 --> 0:11:26.720 going to be president for another two and a half years. 0:11:26.720 --> 0:11:29.800 He can make a lot of trouble. How he responds 0:11:29.840 --> 0:11:33.000 to this moment will tell us whether his political demise 0:11:33.040 --> 0:11:35.200 will get accelerated or not. And I would say the 0:11:35.200 --> 0:11:39.880 first seventy two hours his response tells me he wants 0:11:40.040 --> 0:11:42.640 you know, he he plans on going down with the 0:11:42.679 --> 0:11:46.400 ship here, and he may burn his party down with it. 0:11:46.520 --> 0:11:50.360 So look, there was a reason why I was pretty 0:11:50.360 --> 0:11:52.680 confident that these tariffs were never going to be seen 0:11:52.960 --> 0:11:57.240 as legal, because tariffs are taxes, and taxes live an 0:11:57.280 --> 0:11:59.840 article one simple as that. I mean, it was basically 0:12:00.440 --> 0:12:03.160 what Robert said, this is this is sort of high 0:12:03.200 --> 0:12:06.320 school constitutional law. Okay, this is not even law school 0:12:06.360 --> 0:12:09.320 constitutional law. So when you try to run a sweeping 0:12:09.320 --> 0:12:14.200 global tariff regime through a nineteen seventy seven emergency statute 0:12:14.240 --> 0:12:17.120 that never mentions the word tariff. You're taking a pretty 0:12:17.160 --> 0:12:21.720 big legal risk. Pretty much open and shut case, rightly. 0:12:21.800 --> 0:12:24.199 The only surprise to me was that the ruling was 0:12:24.240 --> 0:12:26.040 six to three in the court, not seven two. It 0:12:26.080 --> 0:12:28.560 should have been at nine zero. But I expected Alito 0:12:28.600 --> 0:12:31.679 and Thomas to be partisans in here. They've never been 0:12:31.760 --> 0:12:36.480 serious jurists. Maybe they were serious jurists, but not in 0:12:36.480 --> 0:12:38.400 the last ten or fifteen years have they been serious. 0:12:38.400 --> 0:12:41.360 They've been always take thee what they believe is the 0:12:41.600 --> 0:12:46.280 own the Libs partisan right. Never may never embarrass your 0:12:46.320 --> 0:12:48.400 own party in any way. Anyway. The point is is 0:12:48.440 --> 0:12:51.200 that they've stopped being legal guys a long time ago. 0:12:52.280 --> 0:12:54.720 But I thought both Corsic and Kavanaugh had come in 0:12:54.720 --> 0:12:57.000 here so mild. The real surprise to me is that 0:12:57.120 --> 0:13:00.360 Kavanaugh ended up in the descent on here, and it 0:13:00.440 --> 0:13:02.440 was interesting. He of course had to write his own 0:13:02.600 --> 0:13:06.400 He wrote the overall descent and he's hiding behind foreign policy, 0:13:06.440 --> 0:13:10.600 which of all the weak arguments that Trump lawyers were making, 0:13:10.679 --> 0:13:13.960 it was the strongest of the weak arguments. Was saying, well, 0:13:14.360 --> 0:13:16.480 this is part of foreign policy, and a president has 0:13:16.520 --> 0:13:21.440 to conduct foreign policy. Still, at its core, this was 0:13:21.480 --> 0:13:24.760 not about trade. This was about who governs, who's in 0:13:24.880 --> 0:13:27.280 charge of the purse in the United States of America. 0:13:27.360 --> 0:13:29.679 So the court ruled six to three that the International 0:13:29.720 --> 0:13:34.240 Emergency Economic Powers at AIPA reminds me of the Simpsons 0:13:34.280 --> 0:13:37.600 movie yep by yepa. This is aep BA EEPA. Sorry, 0:13:37.679 --> 0:13:40.640 I couldn't help myself. It does not authorize the president 0:13:40.640 --> 0:13:44.560 to impose sweeping global tariffs. Six justices ended up in 0:13:44.600 --> 0:13:48.959 the majority, three dissenters. But here's what matters. There were 0:13:49.040 --> 0:13:54.280 seven opinions. Seven Okay, it tells you something. This court 0:13:54.320 --> 0:13:57.680 agreed on the result, but not on the reasoning chief. 0:13:57.760 --> 0:14:00.840 Justas Roberts wrote the controlling opinion, his argument was institutional, 0:14:00.880 --> 0:14:06.240 straightforward regulate importation does not equal in post tariffs, as 0:14:06.240 --> 0:14:09.160 simple as that Congress knows how to say duties, Congress 0:14:09.200 --> 0:14:11.440 knows how to say tariffs. It did not say either 0:14:11.480 --> 0:14:14.920 of those two words in the i EPA legislation. Tariffs 0:14:14.920 --> 0:14:19.800 are taxation. Taxation belongs to Congress. Hard stop. Then there's 0:14:20.000 --> 0:14:24.000 the there there's the concurring opinion that I would want 0:14:24.160 --> 0:14:27.760 all of my wanta be law school, folks. And you 0:14:27.800 --> 0:14:29.920 know I always joke I don't play a lawyer. I'm 0:14:29.920 --> 0:14:32.360 not a lawyer, but I have been playing one on 0:14:32.480 --> 0:14:36.600 TV for a long time. I am. I'd like to 0:14:36.600 --> 0:14:39.240 think I have gotten sort of a pretty decent legal 0:14:39.360 --> 0:14:42.400 education over the last thirty years, as I love reading 0:14:42.440 --> 0:14:46.920 me some good Supreme Court opinions or just sense at times, 0:14:46.960 --> 0:14:48.960 because you learn a lot about the politics of the 0:14:48.960 --> 0:14:51.920 court when you do. And he wrote separately, and he 0:14:52.000 --> 0:14:55.320 leaned hard into what's known as the major Questions doctrine, 0:14:56.000 --> 0:14:59.680 and then he also called out pretty much five of 0:14:59.760 --> 0:15:03.400 us go by the way, kind of amusing, but still 0:15:03.640 --> 0:15:05.160 before we get to what he called him out on. 0:15:06.160 --> 0:15:08.480 He was tackling major questions, right, which is the idea 0:15:08.480 --> 0:15:12.280 that when a president claims extraordinary economic power, Congress must 0:15:12.280 --> 0:15:15.280 speak clearly. And here's where it gets interesting, or so 0:15:15.320 --> 0:15:17.600 it's called out all of his colleagues, first the liberals, 0:15:17.880 --> 0:15:20.800 for what he described frankly as a flip flop, because 0:15:20.840 --> 0:15:23.840 he basically said, hey, you opposed this idea of the 0:15:23.840 --> 0:15:28.080 major questions when it limited democratic administrations, in particular Biden 0:15:29.040 --> 0:15:33.520 on issues involving COVID in the workplace, COVID mandates and 0:15:34.000 --> 0:15:36.720 the student loan issue. But now are you using the 0:15:36.880 --> 0:15:41.080 same structural instincts Justice Kagan. She was joined by Sotomayor, 0:15:41.240 --> 0:15:43.920 agreed with the outcome, but rejected the idea this was 0:15:43.960 --> 0:15:48.240 a major question issue. She said that the ordinary statutory 0:15:48.280 --> 0:15:52.040 interpretation was enough. Essentially, she was trying to defend the 0:15:52.040 --> 0:15:54.800 fact that she was not flip popping here. She was 0:15:54.840 --> 0:15:58.840 trying to disaggregate the rationale she used to be in 0:15:58.920 --> 0:16:01.880 favor of Biden using emergency powers to do the student 0:16:01.920 --> 0:16:05.920 loan cuts, and she was trying to essentially separate it 0:16:05.960 --> 0:16:11.160 from her what appears to be literally the opposite point 0:16:11.160 --> 0:16:15.320 of view, which to somebody with no skin in the game, 0:16:16.040 --> 0:16:19.120 you know, the same way. It looks like robertson excuse me, 0:16:19.280 --> 0:16:24.120 Thomas and Ledo were partisans here. Essentially, of course, is 0:16:24.120 --> 0:16:27.080 saying and said, hey, looks like Kagan, so do my 0:16:27.160 --> 0:16:33.640 own Jackson essentially have been partisan here as well. Then 0:16:33.680 --> 0:16:37.560 you have Justice Brown Jackson. She leaned into legislative history, 0:16:37.560 --> 0:16:40.960 saying Congress never intended AIPA to become a tariff machine, 0:16:41.000 --> 0:16:43.760 and therefore that's why she came to the same conclusion 0:16:43.880 --> 0:16:47.320 as roberts On the other side, Justice Kavanaugh wrote the 0:16:47.360 --> 0:16:50.240 principal dissent in his argument foreign affairs is different. He 0:16:50.320 --> 0:16:52.880 saw this as part of foreign affairs, So the president 0:16:52.920 --> 0:16:56.560 traditionally has brought her authority here and major questions doctrine 0:16:56.560 --> 0:16:59.320 shouldn't apply in the same way in trade and diplomacy. 0:17:00.200 --> 0:17:02.680 Justice Thomas went even further, arguing Congress can delegate ter 0:17:02.840 --> 0:17:06.479 for Thorty Broadly, he basically said, nope, these emergency powers 0:17:06.560 --> 0:17:09.360 delegated it all away, and the President was perfectly within 0:17:09.440 --> 0:17:12.600 his constitutional rights to do all of this. So to 0:17:12.680 --> 0:17:15.480 say this was it your typical liberal conservative split is 0:17:15.480 --> 0:17:19.160 an understatement. It was a structural split, and that matters. 0:17:19.400 --> 0:17:21.280 And by the way, just a little history lesson here, 0:17:21.880 --> 0:17:26.120 because I was curious, how often have we had seven 0:17:26.359 --> 0:17:31.119 of the nine justices all write their own either supporting 0:17:31.160 --> 0:17:35.000 opinions or dissent. Well, in nineteen seventy one, during the 0:17:35.000 --> 0:17:37.439 Pentagon Papers case New York Times versus the United States, 0:17:38.680 --> 0:17:42.080 all nine justices wrote their own opinion. They agreed on 0:17:42.160 --> 0:17:44.560 the ruling, but they did not agree on how they 0:17:44.600 --> 0:17:47.160 got there. Right, They went nine nothing, but they ended 0:17:47.240 --> 0:17:52.720 up having individual opinions explaining that away a case that 0:17:52.800 --> 0:17:55.600 effectively struck down all existing death penalty laws in the 0:17:55.720 --> 0:17:59.560 United States Furman versus Georgia in nineteen seventy two. Same thing. 0:17:59.640 --> 0:18:02.919 All nine justices wrote their own rationales for how they 0:18:02.960 --> 0:18:05.720 got to their opinion, and then, of course dread Scott. 0:18:06.680 --> 0:18:08.840 The infamous dread Scott decision, one of the worst in 0:18:08.840 --> 0:18:13.560 the history of the Supreme Court, also featured all nine 0:18:13.640 --> 0:18:19.360 justices in the last few decades. Seven opinions usually signal 0:18:19.400 --> 0:18:21.800 a massive turf war between the different wings of the Court. 0:18:21.800 --> 0:18:24.359 And as I've told you, there's there's three distinct wings 0:18:24.359 --> 0:18:29.280 of the Court, Okay, and I think Gorciats and Kavanaugh 0:18:29.440 --> 0:18:32.439 are sort of somewhere in between the two of the 0:18:32.520 --> 0:18:36.320 conservative wings. Right, you have sort of a institutionalist conservative 0:18:36.359 --> 0:18:41.320 wing which is anchored by Roberts and Barrett. Kavanaugh mostly 0:18:41.440 --> 0:18:44.440 is with them on these institutional rulings. In this case 0:18:44.440 --> 0:18:47.920 it was Gorsich, not Kavanaugh. Thomas and Alito are usually 0:18:47.960 --> 0:18:51.760 in the more on the further the right spectrum, a 0:18:51.800 --> 0:18:56.720 little more in favor of even stronger executive authority essentially, 0:18:57.560 --> 0:19:00.720 but a bit more partisan. You know, their takes seem 0:19:00.800 --> 0:19:03.040 to be grounded in well, what ruling do we want 0:19:03.080 --> 0:19:04.639 to get to and then they find a rationale to 0:19:04.680 --> 0:19:06.359 get there. And then you, of course you have the 0:19:06.400 --> 0:19:10.879 three liberals that rarely do they do they break ranks. 0:19:10.960 --> 0:19:14.560 So it is a I think a court that has 0:19:14.560 --> 0:19:17.600 split more in three than it is in two, because 0:19:17.600 --> 0:19:19.439 that's what Donald Trump does, right. He has divided his 0:19:19.480 --> 0:19:22.040 own party in that case. And you see that divide 0:19:22.080 --> 0:19:27.840 on on on the Supreme Court. So I think that 0:19:28.560 --> 0:19:31.399 is there a is there is there that or is 0:19:31.440 --> 0:19:33.479 this a case where they all wanted to explain their 0:19:33.480 --> 0:19:38.000 own rationale? And I think it is clear that they 0:19:38.040 --> 0:19:42.480 really didn't agree on they they you know, you had 0:19:42.480 --> 0:19:47.400 a strong majority agree that the president overstepped his constitutional 0:19:49.359 --> 0:19:56.120 overstepped his constitutional authority, but they just disagreed on exactly 0:19:56.160 --> 0:20:00.680 what how he overstepped that authority. Still I can't help 0:20:00.680 --> 0:20:03.840 but when you look at it sort of seven responses 0:20:03.920 --> 0:20:09.800 like that, it really is sort of it reminds me 0:20:09.880 --> 0:20:13.040 of the coalition against Trump in general, right, which is 0:20:14.640 --> 0:20:17.199 there's a large majority of the country, say fifty five 0:20:17.320 --> 0:20:20.800 sixty percent that don't like how Trump governs, the general 0:20:20.840 --> 0:20:27.200 direction that Trump is taking us. This episode of The 0:20:27.280 --> 0:20:30.600 Chuck Podcast is brought to you by ze Biotics. Let's 0:20:30.600 --> 0:20:32.600 face it, after a night with drinks, it's hard to 0:20:32.640 --> 0:20:34.760 bounce back the next day. You have to make a 0:20:34.840 --> 0:20:38.440 choice either have a great night or a great next day. Well, 0:20:38.440 --> 0:20:42.720 that's where pre alcohol comes in. 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