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Speaker 1: If you take a look at the pharmaceutical and drug cuts,

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Speaker 1: they're so massive that I think a lot of Democrats

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Speaker 1: have to vote for the bill number one, number two,

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Speaker 1: even if I didn't do this today, even if there

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Speaker 1: was no such thing as he's you know, fifty to

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Speaker 1: ninety percent cuts.

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Speaker 2: I mean, think of it.

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Speaker 1: Will we're buying You're selling drugs in other countries for

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Speaker 1: five times more than.

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Speaker 2: A cost in the United States. How horrible that is anyway,

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Speaker 2: but that's going to.

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Speaker 3: Be a thing of the bet.

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Speaker 4: You're listening to the forty seven Morning Update with Ben Ferguson.

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Speaker 5: Good Saturday morning to you.

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Speaker 6: Ben Ferguson with you, and these are some of the

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Speaker 6: stories that you may have missed that we talked about

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Speaker 6: this week on the forty seven Morning Update. First up,

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Speaker 6: in a shocking report, we're finding out just how bad

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Speaker 6: things are at the FAA, including the fact that the

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Speaker 6: equipment is so antiquated that they're having to buy replacement

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Speaker 6: parts on eBay, Donald Trump pledging he's going to fix

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Speaker 6: and overhaul the entire system. Up next, a massive deal

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Speaker 6: on prescription drug prices. And finally, I will be joined

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Speaker 6: by a good friend of mine, my former roommate who's

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Speaker 6: now the West Virginia Attorney General, who is standing up

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Speaker 6: to make sure that these activist judges in these district

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Speaker 6: courts are not actually making rulings that would take away

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Speaker 6: the power of the presidency. It's the forty seven Morning Update,

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Speaker 6: and it starts right now.

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Speaker 4: Story number one.

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Speaker 6: In a shocking revelation, we now have found out that

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Speaker 6: the FAA, the Federal Aviation Administration, is relying on such

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Speaker 6: outdated technology that the Transportation Secretary Sean Duffy, has disclosed

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Speaker 6: that the agency is forced to purchase replacement parts on

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Speaker 6: platforms like eBay due to how obsolete their current systems are.

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Speaker 6: The administration is now promising that there will be a

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Speaker 6: massive overhaul the system, but it could take years to accomplish.

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Speaker 6: Sean Duffy doing a sit down interview with CBS this

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Speaker 6: morning explaining just how bad the system is and why

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Speaker 6: Donald Trump has told him it's time to overhaul it

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Speaker 6: as fast as we can.

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Speaker 7: Our main mission is safety, and so if there's any

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Speaker 7: concern with safety, we slow down traffic and there might

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Speaker 7: be delayed there might be cancelations, and we take those

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Speaker 7: precautions to make sure that you get from your departure

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Speaker 7: city to your arrival city.

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Speaker 3: But it's gonna take a little bit of time.

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Speaker 7: Now, the main line that feeds information into Newark that

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Speaker 7: went down, the secondary line didn't stand up, and so

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Speaker 7: both lines are now working. We have a little bit

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Speaker 7: of issues with our air traffic controllers. Some of them

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Speaker 7: have stepped out of the tower they were stressed. So

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Speaker 7: we're training new individuals in the Philly Traycon which services Newark,

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Speaker 7: and we're building a whole new fiber driven system down

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Speaker 7: in Philly that does serve that Traycon or the Nework airport.

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Speaker 7: So it doesn't weren't a situation where you know, it's

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Speaker 7: gonna take us a little bit of time. I hope

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Speaker 7: by this summer we're going to be fully functioning.

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Speaker 2: Yeah.

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Speaker 8: I was going to say, mister Duffie, what does that

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Speaker 8: mean when you say a little bit of time you

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Speaker 8: say by the summer, because I'm thinking the problem with

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Speaker 8: Newark is when you hear the screens went down and

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Speaker 8: no one seemed to be able to explain that. You

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Speaker 8: don't think we have to worry about that happening again.

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Speaker 3: You think they've corrected that.

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Speaker 7: Problem well in Newark, both lines are working and so

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Speaker 7: you know, listen, yes, and if both lines do go down,

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Speaker 7: there are emergency procedures, backup procedures that we take to

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Speaker 7: talk to airplanes to make sure they stay separated.

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Speaker 3: But Gail, I'm concerned.

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Speaker 7: I mean this system that we use many much of

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Speaker 7: the equipment you have to buy an ebait. No one

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Speaker 7: makes it anymore. That's how old the system is that

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Speaker 7: we fly on today, which is why yesterday I called

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Speaker 7: for a brand new infrastructure plan to rebuild everything across

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Speaker 7: the spectrum for air traffic control. It is well overdue

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Speaker 7: in America, and I think what you've seen in Newark

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Speaker 7: is you're having failings. And when you have the failings,

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Speaker 7: you take a look at the whole system and could

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Speaker 7: other parts, you know, have issues.

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Speaker 3: Of course it could have issues.

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Speaker 7: But that's why it's all the action to do this

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Speaker 7: for America so you always feel safe in your flying gale.

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Speaker 6: Thank goodness to Trump administration is willing to take on

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Speaker 6: a problem that every other administration just wanted.

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Speaker 5: To kick the can down the road.

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Speaker 6: And we'll finally be able to know that we have

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Speaker 6: a system that's reliable and safe and parts are no

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Speaker 6: longer being bought on eBay. Next story number two, Major

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Speaker 6: victory number one for the American people is going to

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Speaker 6: have a massive impact on so many Americans that deal

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Speaker 6: with high costs of prescription drugs.

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Speaker 5: Here is what you need to.

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Speaker 6: Know about what the President has done to lower the

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Speaker 6: price of prescription drugs for all Americans. The announcement and

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Speaker 6: the action put forth saying American patients will be first

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Speaker 6: instead of the pharmaceutical companies by Donald Trump will have

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Speaker 6: an impact for every American. Now, this should not be

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Speaker 6: a conservative or liberal, or Republican or democratic issue, yet

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Speaker 6: Democrats are angry about it. So let me tell tell

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Speaker 6: you exactly how this is going to have an impact

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Speaker 6: on you. First up, the President said that we are

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Speaker 6: now going to have most favored nation prescription drug pricing,

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Speaker 6: saying we are going to pay the lowest price that

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Speaker 6: there is in the world.

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Speaker 5: Here's the President in his own words.

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Speaker 1: But it's called most favored nation. We are going to

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Speaker 1: pay the lowest price there is in the world. We

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Speaker 1: will get whoever is paying the lowest price. That's the

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Speaker 1: price that we're going to get. So remember that. So

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Speaker 1: we're no longer paying ten times more than another country.

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Speaker 2: Whoever is paying the lowest price.

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Speaker 1: We will look at that price and we will say

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Speaker 1: that's the price we're going to pay.

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Speaker 2: Most favored nations. That's what it is.

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Speaker 1: One breast cancer drug costs Americans over sixteen thousand dollars

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Speaker 1: per bottle, but the same drug from the same factory,

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Speaker 1: manufactured by the same company is one sixth that price

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Speaker 1: in Australia and one tenth that price in Sweden.

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Speaker 2: One tent for the identical product.

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Speaker 1: A common as ma drug costs almost five hundred dollars

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Speaker 1: here in America, but costs less than forty dollars in

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Speaker 1: the United Kingdom. So forty dollars in the United Kingdom,

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Speaker 1: which is where this gentleman told me he paid a

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Speaker 1: small amount for his shot. But think of that, So

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Speaker 1: forty dollars versus five hundred dollars.

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Speaker 6: Here, forty compared to five hundred dollars. The difference between

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Speaker 6: the UK and the US. Now, let me explain more

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Speaker 6: about this order. The order directs the US Trade Representative

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Speaker 6: and the Secretary of Commerce to take action to ensure

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Speaker 6: foreign countries are not engaged in practices that purposefully and

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Speaker 6: unfairly undercut market prices and drive price hikes in the

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Speaker 6: United States. All what I'm giving you right now is

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Speaker 6: coming directly from the White House. I want to make

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Speaker 6: that very clear. Number Two, the order instructs the Administration

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Speaker 6: to communicate price targets to pharmaceutical manufacturers to establish that America,

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Speaker 6: the largest purchaser and funder of prescription drugs in the world,

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Speaker 6: gets the best price. The Secretary of Health and Human

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Speaker 6: Services is going to establish a mechanism through which American

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Speaker 6: patients can buy their drugs directly from manufacturers who sell

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Speaker 6: to Americans at a quote most favored nation price, bypassing

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Speaker 6: the middlemen, and finally for the White House. If drug

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Speaker 6: manufacturers fail to offer most Favored nation pricing, the order

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Speaker 6: directs the Secretary of Health and Human Services to one

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Speaker 6: propose rules and impose most favored nation pricing, and two

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Speaker 6: take other aggressive measures to significantly reduce the cost of

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Speaker 6: prescription drugs the American consumer, and most importantly, in anti

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Speaker 6: competitive practices. Why because the White House says it's about

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Speaker 6: getting a better deal for Americans and President Trump once

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Speaker 6: again taking action to keep pharmaceutical manufacturers from charging Americans

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Speaker 6: high drug prices while giving steep discounts to other wealthy

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Speaker 6: nations that is something that doctor Oz talked about the

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Speaker 6: White House with the President by his side, and here

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Speaker 6: is what he said.

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Speaker 9: That means that we are paying in America four times

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Speaker 9: more than that drug costs in other countries. Again, one

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Speaker 9: hundred percents the baseline. It's two hundred and eighty nine

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Speaker 9: percent above that baseline. It goes all the way down

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Speaker 9: to where we're paying fifty percent more than any other country.

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Speaker 9: That's the range, as was pointed out by President Trump,

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Speaker 9: half the time, we're paying three times more than it's

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Speaker 9: paid in other countries. It doesn't make any sense for

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Speaker 9: the system that stated President Trump is over and over

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Speaker 9: again indicated, and Secretary Kennedy has reflected as well.

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Speaker 5: We want innovation.

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Speaker 9: We want our technology partners doing the best they can

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Speaker 9: to make the best solutions for drugs to cure as

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Speaker 9: many people in America and around the world as possible.

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Speaker 9: By getting our allies to pay a bit more as

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Speaker 9: they should be and they should have for many years

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Speaker 9: been doing, will course correct a problem that's gotten out

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Speaker 9: of hand. And by doing that in a thoughtful, effective way,

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Speaker 9: we're going to be able to get the pharmaceutical industry hole.

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Speaker 5: Those jobs will still be here. Will still be productive.

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Speaker 9: We'll still be curing cancer and a slew of other

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Speaker 9: ailments that plague humanity.

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Speaker 3: America will still be the leader in this space.

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Speaker 9: But we're paying the appropriate amount, the right sized amount,

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Speaker 9: for those tasks.

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Speaker 6: Now you may ask yourself this question, why is the

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Speaker 6: president doing this?

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Speaker 5: Well, it's all in the numbers.

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Speaker 6: The United States has less than five percent of the

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Speaker 6: world's population, yet funds roughly seventy five percent of global

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Speaker 6: pharmaceutical profits.

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Speaker 5: Here's the other thing you may not know.

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Speaker 6: Drug manufacturers discount their products to gain access to foreign markets,

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Speaker 6: and then subsidize those discounts through high prices charged in America.

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Speaker 6: In essence, you are subsidizing drug manufacturer profits and foreign

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Speaker 6: health systems are getting the big deal, despite drug manufacturers

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Speaker 6: benefiting from generous research subsidies and enormous healthcare spending by

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Speaker 6: the US government. Now on his first term, you may

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Speaker 6: not know this, but President Trump took historic action to

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Speaker 6: keep Medicare and seniors from paying more for drugs than

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Speaker 6: economically comparable countries, which the Biden administration rescinded before it

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Speaker 6: could even take effect. Why because they're owned by big pharma.

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Speaker 6: Instead of fixing this problem. The Biden administration's greatest achievement

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Speaker 6: was to negotiate prices that were on average seventy eight

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Speaker 6: percent higher than an eleven comparable countries as part of

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Speaker 6: Biden's efforts to quote beat medicare. In translation, the Democratic

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Speaker 6: Party sold you out, the Americans who are suffering and

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Speaker 6: desperately need pharmaceutical drugs, and they sold you out to

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Speaker 6: the highest bidder, the lobbyists and the companies that came

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Speaker 6: in and said this is what we need. The President

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Speaker 6: making it clear this is never going to happen again

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Speaker 6: in the US and as long as he is present,

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Speaker 6: he is going to fight for innovation, fight for technology,

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Speaker 6: and make sure that you are paying less than any

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Speaker 6: other major nation in the world.

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Speaker 5: Finally, story number three.

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Speaker 6: Former roommate you don't get to say this every day,

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Speaker 6: is also the Attorney General from West Virginia. We were

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Speaker 6: together actually on Capitol Hill. I'm staring at the Supreme

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Speaker 6: Court right now, and he was in the Supreme Court

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Speaker 6: today for this important, this major case on judges power.

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Speaker 6: And I want to go to you, JB on this

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Speaker 6: so that you can explain how all this started. In essence,

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Speaker 6: you had judges that were making decisions that were covering

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Speaker 6: the entire country. And the argument is, maybe that's not

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Speaker 6: how it's supposed to be on these local levels or

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Speaker 6: these these smaller court battles, And this is what this

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Speaker 6: is all about.

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Speaker 10: Yeah, I think you what you just said there makes

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Speaker 10: a lot of sense. This is a national issue that

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Speaker 10: was the soul that was decided or attempted to be

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Speaker 10: decided by a district court judge. And so what happens,

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Speaker 10: and this has been happening a lot, especially very recently

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Speaker 10: within the last thirty years, and it's a bipartisan problem then,

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Speaker 10: is that district court judges are adjoining presidential decrees right

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Speaker 10: and saying what the president has done is not just

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Speaker 10: illegal in my courtroom, but it's illegal in the entire country.

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Speaker 10: And our process is set up differently than that. Our

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Speaker 10: district court judges are supposed to hear cases that are

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Speaker 10: in front of them and make decisions for the plaintiffs

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Speaker 10: that are in front of them. Here, several interest groups

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Speaker 10: in several states sued in a I'm going to just

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Speaker 10: say a friendly jurisdiction, which is how this works, as

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Speaker 10: you find a judge that is ideologically aligned with you,

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Speaker 10: and you get them to enjoin an entire action that

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Speaker 10: happened in this case in New Jersey, and so a

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Speaker 10: New Jersey judge then decided, for all other of the

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Speaker 10: six hundred district court judges and all of the circuit judges,

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Speaker 10: and ostensibly for the Supreme Court whether or not a

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Speaker 10: presidential order was constitutional. While we did not get into

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Speaker 10: the underlying facts of this case today, ben what the

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Speaker 10: Supreme Court was hearing, and what our brief described was

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Speaker 10: the reasons why this is both unconstitutional and a bad idea. So,

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Speaker 10: for one, both the history of our courts as you

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Speaker 10: look back into the courts of Chancery in England, as

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Speaker 10: well as Article three, which was written to delineate the

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Speaker 10: powers of our courts, indicate that circuit judges do not

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Speaker 10: have the authority to issue nationwide injunctions. Further, our brief

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Speaker 10: gets into the idea that there is a remedy here,

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Speaker 10: and the remedy is is that if you're looking to

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Speaker 10: have a district court make a decision for a large

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Speaker 10: number of people, you have to go through what's called

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Speaker 10: a Rule twenty three and create a class action, so

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Speaker 10: then the court knows who the plaintiffs are, that they're

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Speaker 10: trying to address a problem for and fourth, and maybe

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Speaker 10: most importantly is that district courts and our federal court systems,

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Speaker 10: they are life tenured for a reason, and that is

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Speaker 10: to eliminate the stench of politics from the benches around

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Speaker 10: the country. And when you do forum shopping and you

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Speaker 10: start to use these universal injunctions in these sort of

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Speaker 10: weaponized ways, what you then will find, I believe and

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Speaker 10: our brief delineates that the confidence that the public has

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Speaker 10: in the independence of our judiciary will go down very quickly.

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Speaker 10: And that is the single most important branch for the

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Speaker 10: public to have confidence in, because it is their orders

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Speaker 10: and it is their writings that tell every American how

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Speaker 10: the Constitution is being interpreted as it relates to the

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Speaker 10: laws that apply to them. So this is a really

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Speaker 10: big case. We feel really really good about our briefing.

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Speaker 10: The people in West Virginia joined with a group called

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Speaker 10: the American Center for Law and Justice in this briefing,

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Speaker 10: and we're very hopeful that the Court will use our

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Speaker 10: amicus to guide them into what I believe is a

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Speaker 10: proper decision, and that is the district courts lack the

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Speaker 10: ability to adjoin the entire country as it relates to

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Speaker 10: presidential executive orders.

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Speaker 6: So let's talk about the amicus brief and break that down.

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Speaker 6: The goal of an amicus brief and people that are listening.

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Speaker 6: My guest with me is the Attorney General from West Virginia, JB. McCuskey.

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Speaker 6: I want a dear friend of mine, former roommate, and were,

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Speaker 6: as I stare at literally at the Supreme Court right now,

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Speaker 6: you just left the Supreme Court where you guys filed

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Speaker 6: this amicus brief with the ACLJ. What is the goal

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Speaker 6: of an amicus brief for people that maybe don't understand

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Speaker 6: that terminology, maybe they've ever heard it before, And specifically,

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Speaker 6: what did you guys put in that amicus brief that

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Speaker 6: you're hoping that the justices will get from it and

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Speaker 6: read from it on this case.

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Speaker 10: Yeah, So an amicus brief is in layman's term, it's

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Speaker 10: called a friend of the court brief. And so what

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Speaker 10: its purpose is is to help the justices as they're

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Speaker 10: making their decision with parties who have an interest in

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Speaker 10: the outcome. And in West Virginia, the interest in this

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Speaker 10: outcome comes from this widespread weaponized use of nationwide injunctions

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Speaker 10: we just saw within the last week a nation a

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Speaker 10: wide injunction out of the state of Washington that will

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Speaker 10: stop President Trump's executive orders on the use of coal

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Speaker 10: and lowering electricity rates for Americans and putting West Virginia

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Speaker 10: coal miners back to work today in order to meet

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Speaker 10: our nation's energy needs. And so for us, these nationwide injunctions,

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Speaker 10: when you're a small rural state, are never going to

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Speaker 10: be the forum that gets shopped into right. They're never

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Speaker 10: going to ask real patriotic Americans like they are in

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Speaker 10: West Virginia to answer these questions. They're going to go

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Speaker 10: to places where it's a little different. And so we

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Speaker 10: have a huge interest in ensuring that the process plays

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Speaker 10: out in nationwide injunctions to make sure that these the

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Speaker 10: president's executive orders as they relate to the economy and

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Speaker 10: the people of West Virginia are upheld and if they

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Speaker 10: are found to be unconstitutional, that they go through the

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Speaker 10: proper channels. And that is what our brief says. Our

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Speaker 10: brief says that it isn't that the plaintiffs don't have

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Speaker 10: any options. Our brief says the options that they chose

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Speaker 10: are not available to the court that made them. So

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Speaker 10: they needed to have gone through what's called a rule

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Speaker 10: twenty three, as I just said, and explain to the

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Speaker 10: court why they have a class of plaintiffs that have

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Speaker 10: a similar need for this same kind of relief, and

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Speaker 10: then the court can order that those people get that relief.

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Speaker 10: And then if another district court or another circuit court

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Speaker 10: comes to a contrary conclusion, then the Supreme Court can

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Speaker 10: use that. The Supreme Court's power generally comes from when

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Speaker 10: they are deciding between circuits that have a different interpretation

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Speaker 10: of the law. And in this instance, they circumvented that

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Speaker 10: entire process by getting one single district court judge to

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Speaker 10: speak for the entire country. And that is not allowed

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Speaker 10: under Article three. And it's a really bad idea in

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Speaker 10: terms of public confidence and the independence of our judicial branch.

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Speaker 6: Is it fair to say that the mechanism that's being

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Speaker 6: used by the left to go and find these friendly

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Speaker 6: judges and friendly courts to do this, is this a

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Speaker 6: version of lawfare where you say, we don't respect the people,

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Speaker 6: we don't respect their vote, we don't respect who they

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Speaker 6: chose as their leader, which this time happens to be

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Speaker 6: President Donald J. Trump, And so therefore we are going

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Speaker 6: to use lawfair to stop the will of the people

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Speaker 6: and what they voted for, and what their leaders that

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Speaker 6: they voted for, who won in a free and fair

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Speaker 6: election are trying to do well.

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Speaker 10: I hesitate to use the word lawfare here, Ben, because

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Speaker 10: we do the same thing occasionally when there's Democrats in

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Speaker 10: the White House. And it's not that we have a

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Speaker 10: problem with challenging federal government edicts. Right, We as Republicans

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Speaker 10: are are constantly finding ways that the federal government is

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Speaker 10: overstepping its bounds, and we use the courts in order

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Speaker 10: to rain them in, like in West Virginia versus EPA.

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Speaker 2: Right.

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Speaker 10: So it isn't that this is It isn't lawfare as

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Speaker 10: you describe it, because we need the option to be

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Speaker 10: able to do this too. It is the kind of lawfare,

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Speaker 10: right it is. It is this this novel concept that

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Speaker 10: you use a single friendly district court to do what

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Speaker 10: is supposed to be the job of the entire judiciary.

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Speaker 9: Right.

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Speaker 10: There's a reason why our system has set up the

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Speaker 10: way that it is. And I personally believe, as in

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Speaker 10: the originalists, that the factual scenarios surrounding the reason why

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Speaker 10: somebody's asking for something shouldn't change the fundamental role and

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Speaker 10: the rules that surround our court, and that was really

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Speaker 10: in essence, the main part of this argument is should

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Speaker 10: we break the rules because this is important and my

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Speaker 10: personal opinion is is that is not true. We should

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Speaker 10: maintain the constitutionally granted powers that exist in our district

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Speaker 10: courts and allow the system as it was created by

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Speaker 10: our founders to work, because it does.

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Speaker 4: Thank you for listening to the forty seven Morning Update

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Speaker 4: with Ben Ferguson. Please make sure you hit subscribe wherever

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Speaker 4: you're listening to this podcast right now and for more

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Speaker 4: in depth news, also subscribe to the Ben Ferguson podcast

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