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    Supreme Court's Historic Free Speech and Student Debt Decisions, with Charles C.W. Cooke, Judge Amul Thapar, Kristen Waggoner, and More | Ep. 579

    enJune 30, 2023

    Podcast Summary

    • Two US Supreme Court rulings uphold original meanings of law and ConstitutionThe US Supreme Court upheld individual rights over anti-discrimination laws and limited executive overreach in two major decisions.

      Learning from today's US Supreme Court rulings is that the court is working to uphold the original meanings of the law and the Constitution. Two major decisions were made, one striking down President Biden's student loan forgiveness plan as an executive overreach, and another ruling that states cannot force Americans to violate their religious beliefs, even in the name of anti-discrimination laws. Judge Amol Thapar, a guest on The Megyn Kelly Show, praised the court for returning to the foundational principles of the law, specifically the power of the First Amendment. The court's decisions honor the American people's enshrined rights, and when those rights are violated, the court has a responsibility to enforce them as they were understood at the founding. The free speech principles that form the foundation of the country have been eroding, but today's rulings put an end to that trend, reminding us that anti-discrimination laws and individual rights can coexist.

    • The First Amendment protects free speech over state laws compelling opposing viewpointsThe Supreme Court upheld the right of an individual to refuse creating a site promoting same-sex marriage, illustrating that the government cannot force individuals to speak messages they disagree with, even if related to a customer's protected trait, upholding free speech rights.

      The First Amendment's protection of free speech supersedes state laws that compel speech or silence opposing viewpoints, even when those laws are intended to protect minority rights. The Supreme Court's recent decision in favor of a website designer who refused to create a site promoting same-sex marriage illustrates this principle. The court ruled that the government cannot force individuals to speak messages they disagree with, even if those messages relate to a customer's protected trait. This decision upholds the long-standing precedent that public accommodation laws cannot infringe upon constitutional free speech rights. It's a reminder that the right to express unpopular opinions is a cornerstone of American democracy and a safeguard against the erosion of individual liberties.

    • Supreme Court reaffirms individual freedom of speech and thoughtThe recent Supreme Court decision upholds individual rights against government coercion, reflecting a longstanding commitment to freedom since the US founding.

      The recent Supreme Court decision, as Justice Gorsuch eloquently put it, reinforces the constitutional commitment to individual freedom of speech and thought, ensuring that everyone, regardless of their beliefs or background, is protected from government coercion. The decision, which has been misrepresented in some media outlets, actually favors the protection of individual rights against the government, a principle that has been consistent since the founding of the United States. The book "People's Justice" by Ilya Shapiro sheds light on this misconception and highlights how originalism, a constitutional interpretation favored by Justice Thomas, actually protects the rights of the little guy against government overreach. Despite the criticisms and personal attacks, it's important to remember that justices like Thomas have a long history of advocating for individual rights and have been influenced by influential black figures in American history.

    • Justice Thomas' black voice and commitment to equalityJustice Thomas' dissents reveal concern for poor minorities, rooted in personal experiences and education. He advocates for empowering the disadvantaged through school choice and HBCUs.

      Learning from the discussion about the book "The People's Justice" is that Justice Clarence Thomas, often criticized for his conservative views, has a strong black voice rooted in his upbringing and commitment to education and equality. Thomas' dissents in landmark cases, such as Kelo v. City of New London, reveal his concern for the impact of government actions on poor minorities. He frequently cites historical figures like Frederick Douglass and Thomas Sowell, and his personal experiences of poverty and education inform his judicial philosophy. Thomas' advocacy for school choice and HBCUs challenges the narrative that he only promotes racial preferences. The book also highlights the achievements of individuals like Ward Connerly and Cathy McKee, demonstrating that success is possible regardless of race. Ultimately, Thomas' work as a justice is centered on empowering the disadvantaged and giving them the tools to succeed.

    • A look into Justice Thomas's compassionate sideThomas's personal interactions and hiring practices reveal his commitment to helping real people and belief in diversity, offering a nuanced perspective on his character beyond political dissents.

      Justice Clarence Thomas, despite being vilified by some on the left, is a compassionate, caring individual who deeply values the institution of the Supreme Court and the people within it. Stories from the book reveal his personal interactions with individuals, such as a homeless man and Kathy McKee, showcasing his commitment to helping real people. Thomas's hiring practices also reflect his belief in diversity and thoughtful debate, which gives him hope for the future of the legal system and its ability to counteract the push for equity at all costs, even if it means going against popular opinion. The book "The People's Justice" offers a more nuanced perspective on Thomas's character and the impact of his decisions on individuals, rather than just focusing on the political implications of his dissents.

    • Supreme Court's decisions uphold separation of powers and rule of lawThe Supreme Court's recent decisions on affirmative action and student loan forgiveness emphasize the importance of adhering to the principles of separation of powers and the rule of law. The court's dedication to its job despite political criticisms and respect for diverse speech at law schools are commendable.

      The Supreme Court's recent decisions, including on affirmative action and student loan forgiveness, highlight the importance of adhering to the principles of separation of powers and the rule of law. Dean Martinez at Stanford Law School is commended for fostering diverse speech, and the justices on the court are respected for their dedication to their jobs despite political criticisms. The student loan forgiveness decision was a win for separation of powers, as the President does not have the power to cancel student debt unilaterally. These decisions serve as reminders of the Supreme Court's role in upholding the Constitution and the importance of respecting the judicial process.

    • Principle of Separation of Powers Reaffirmed in Student Loan CaseThe Supreme Court upheld the principle of separation of powers by denying the president's authority to unilaterally forgive student loans, emphasizing the importance of checks and balances in American democracy.

      The majority opinion in the recent student loan forgiveness case reaffirmed the principle of separation of powers in the US Constitution. Speaker Nancy Pelosi, in a speech that made it into the court's ruling, explained that the president does not have the authority to unilaterally forgive student loans, as this power lies with Congress. Pelosi, a long-time legislator, emphasized that the executive branch does not have free-floating powers when it comes to legislation or budgeting. This principle, she argued, is a cornerstone of American democracy, preventing the establishment of a monarchy or an all-powerful executive. The Supreme Court's decision to strike down the student loan forgiveness program was a reminder that the constitution's checks and balances are essential to maintaining a democratic system.

    • Focus on outcomes over law and principlesRecent Supreme Court cases and political discussions have prioritized potential consequences over legal and constitutional issues, undermining the importance of upholding the law and Constitution.

      The focus on outcomes rather than the law and constitutional principles in recent Supreme Court cases and political discussions is a concerning trend. The woman in the case, as well as the responses to the decisions on affirmative action and student loans, have largely focused on potential consequences rather than the legal and constitutional issues at hand. This is problematic as it undermines the importance of upholding the law and the Constitution, regardless of the outcomes they may produce. Furthermore, some media figures have shown a dereliction of journalistic duty by failing to ask important questions and investigate potential scandals thoroughly. It is crucial to remember that the law and constitutional principles should always be the foundation of any discussion, rather than the potential outcomes.

    • Two Separate Issues: Student Loans and Justice GiftsThe Supreme Court's decision on student loans and justices accepting gifts are unrelated, with no clear evidence of a causal relationship. The court upheld free speech rights and focused on legal principles, not speculation.

      The Supreme Court's decision to overturn student loan forgiveness and the allegations of justices accepting lavish gifts are two separate issues. The report shows that Justice Alito was not obligated to report or decline the vacation gifts, and there is no clear evidence of a causal relationship between the gifts and his vote. Furthermore, there is no consistent pattern of justices writing opinions outside of their ideological priors. The president's tweets about the decisions and potential future actions remain unclear, and the expired emergency powers under the Heroes Act limit his options. In a separate case, the Supreme Court ruled in favor of free speech rights, stating that the government cannot compel someone to create expressive content they object to. This decision protects the speech rights of everyone, including those with differing views on marriage. Overall, the focus should be on the merits of each case and the legal principles at play, rather than speculation and conspiracy theories.

    • A victory for free speech rights of artists and creatorsThe Masterpiece Cakeshop decision upholds the First Amendment right of artists and creators to express their beliefs through their work, even if it goes against public accommodation laws or causes controversy

      The Masterpiece Cakeshop decision is a significant victory for free speech rights, particularly for artists and creators who wish to express their beliefs through their work. The court ruled that Colorado's anti-discrimination law infringed on Jack Phillips' right to freely express his religious beliefs through his cake-making, as it required him to create a cake for a same-sex wedding against his beliefs. The decision also has implications for other cases involving forced speech, such as the use of preferred pronouns, and serves as a reminder that the First Amendment protects the right to expressive speech for all individuals, regardless of the subject matter or potential controversy. The court emphasized the importance of tolerance and the peaceful coexistence of public accommodation laws and the First Amendment.

    • Supreme Court Upholds Web Designer's Right to Refuse Same-Sex Wedding SiteThe First Amendment protects individuals from being forced to express messages against their beliefs, but balancing this right with anti-discrimination laws remains a complex issue.

      The Supreme Court has ruled in favor of a web designer who refused to create a website for a same-sex wedding based on her religious beliefs, asserting that the government cannot compel individuals to express messages against their convictions. This decision, which has sparked various interpretations, emphasizes the importance of the First Amendment's protection of free speech and the potential clash between constitutional rights. While workplace harassment laws and other constitutional protections remain in place, this ruling highlights the significance of the ongoing debate on the balance between individual freedoms and anti-discrimination laws.

    • US Supreme Court Protects Right to Refuse Speech Against WillThe US Supreme Court ruled that individuals cannot be forced to use certain labels or speech against their will, upholding free speech rights.

      The US Supreme Court has ruled that the government cannot compel individuals or businesses to use certain labels or speech against their will, and this decision protects the right to free speech. This is a significant victory for those who advocate for the protection of individual rights and the preservation of traditional values. The decision comes after a long legal battle involving a florist who refused to create a flower arrangement for a same-sex wedding due to her religious beliefs. The ruling has been hailed as a reaffirmation of the fundamental principles that the country was founded on and a reminder that the government cannot force people to comply with chosen words. The case, Alliance Defending Freedom v. Colorado Civil Rights Commission, was celebrated by many, including the client, Laurie Smith, who faced harassment and threats for her stance. The Alliance Defending Freedom, an organization that supported Smith's case, welcomed donations to continue their efforts in protecting free speech rights. The decision is a reminder that individual rights and freedoms are essential and must be protected.

    • Supreme Court decisions with implications for free speech, affirmative action, and student loansRecent Supreme Court decisions made during the Trump administration have significant implications for free speech, affirmative action, and student loans. The impact on state laws and potential backlash is uncertain, but the conservative 6-3 majority is expected to issue more rulings aligning with conservative values.

      The recent Supreme Court decisions, which were made possible by justices appointed during the Trump administration, have significant implications for various issues including free speech, affirmative action, and student loans. These decisions are likely to be controversial and may lead to backlash from certain groups, particularly regarding affirmative action and student loans. However, the impact on state laws that contradict the US constitution is unclear and will likely lead to a surge in litigation. The Supreme Court's 6-3 conservative majority is expected to issue more rulings that align with conservative values, but the changing rules on semantics and speech may complicate matters. Overall, elections do have consequences, and the current political climate is set to be a complex and dynamic one.

    • Transgender Issues and Corporate Support: A Contentious DebateThe debate surrounding transgender issues and corporate support is complex, with some individuals feeling that the transgender movement is erasing women and girls, while others believe corporations should take a stronger stance. The Bud Light controversy with Dylan Mulvaney was used as an example of the potential consequences of corporate involvement.

      The debate surrounding transgender issues and the role of corporations in supporting these issues continues to be a contentious and complex issue. The discussion highlighted the perspectives of individuals who feel that the transgender movement is erasing women and girls, and that some corporations are using transgender individuals for profit without providing adequate support. The Bud Light controversy with Dylan Mulvaney was used as an example, with Mulvaney expressing feelings of betrayal and fear after being dropped from the partnership. The conversation also touched on the anger and frustration felt by those who believe corporations should take a stronger stance on these issues. Overall, the conversation underscored the need for open and respectful dialogue to better understand and navigate these complex and sensitive matters.

    • Anheuser Busch's Response to Dylan Mulvaney Backlash and Joe Biden's Interview with Nicole WallaceCompanies must address controversial issues directly to avoid backlash, as seen with Anheuser Busch's weak response to Dylan Mulvaney and Joe Biden's evasive interview with Nicole Wallace. Failure to do so can lead to damage to brand reputation and potential financial consequences.

      Companies attempting to appear "woke" can face significant backlash when they fail to address controversial issues directly. The discussion centered around Dylan Mulvaney, who called out Anheuser Busch for not reaching out to him after using his image in an advertising campaign. The CEO's weak response led to anger from various communities and stakeholders, causing a potential tumble in the company's stock. Additionally, the interview touched upon Joe Biden's interview with Nicole Wallace, where she failed to address the Hunter Biden scandal, particularly his love child and paternity issues. The conversation ended with a reflection on the potential challenges for the child involved and the questionable timing of the brand deal between Anheuser Busch and Mulvaney.

    • Perceived concerns over a woman's child support agreement and name changeSpeakers express worry about potential coercion in private matters, but acknowledge lack of concrete evidence. They shift focus to gender neutral facilities and argue against them due to potential risks and silencing of dissenting voices.

      The discussion revolves around the perceived sketchy circumstances surrounding a woman's agreement to a significant reduction in child support and giving up her daughter's last name. The speakers express concern about potential external influences or coercion, but acknowledge the lack of concrete information. The conversation then shifts to the topic of gender neutral facilities and the potential risks they pose, using the example of reported sexual assaults in a UK school. The speakers argue against the idea of gender neutral facilities, citing the potential for increased incidents of sexual assault and the silencing of those who speak out against it due to fear of backlash. They emphasize the importance of standing up for one's beliefs and values, despite the potential consequences.

    • Ignoring children's advocacy and women's safetyOne person's advocacy can inspire change, but the disregard for women's safety in prisons is concerning and needs attention.

      The lack of advocacy for children in certain situations is concerning, but the power of one person speaking out can inspire others to do the same and create a groundswell for change. The discussion also highlighted the issue of housing violent men in women's prisons, which puts women at risk, and the importance of standing up for women's rights and safety. The California Transgender Respect, Agency and Dignity Act, which allows biological men to be housed in women's prisons, was criticized for disregarding the safety of women and enabling predators. The speakers expressed frustration that their concerns are ignored and that the focus is on catering to the feelings of a small minority, rather than protecting the rights and safety of the majority.

    • Discussing sexual misconduct in prisons and the controversial figure of Leah ThomasSpeakers expressed disapproval towards equal rights for sexual assault in prisons, raised concerns about normalization and lack of accountability, and discussed political preferences in the ongoing GOP primary race.

      The discussion revolved around the problematic issue of sexual misconduct in prison settings and the controversial figure of Leah Thomas. The speakers expressed their disapproval towards the idea of equal rights for sexual assault in prisons, highlighting the harm and infringement of personal boundaries. They also shared their concern about the normalization of such deviant behavior and the unwillingness of authorities to address it. Furthermore, they discussed the ongoing GOP primary race, with some expressing their preference for DeSantis over Trump due to his stance on certain issues, despite Trump's popularity among many Republicans. Overall, the conversation touched upon themes of personal safety, political ideologies, and the importance of holding individuals accountable for their actions.

    • Navigating the Complexities of Hosting a Political Talk ShowMaintaining open dialogue with a diverse audience requires staying true to principles and addressing criticism, even when it comes from loyal supporters.

      Hosting a political talk show involves engaging with a diverse audience, some of whom may hold strong and passionate views. The speaker in this conversation expresses concern about her loyal audience of Trump supporters, who she feels treat the former president as if he's entitled to a second term. She believes he should earn it through his actions. At the same time, she faces criticism when she criticizes him. The speaker acknowledges the complex nature of this relationship and the importance of maintaining it in a long-term context. She emphasizes the importance of staying true to her principles of no BS, no agenda, and no fear, even when it means challenging her audience. Overall, this conversation highlights the challenges and rewards of hosting a political talk show and the importance of maintaining open dialogue with a diverse audience.

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    Mark Hertling: How Dangerous Were the Trump Docs?

    Mark Hertling: How Dangerous Were the Trump Docs?

    If Trump wanted to impress a memoir writer with classified documents, wouldn't he also want to do the same with Putin and MBS? Plus, will the US supply cluster munitions to Ukraine? And the nesting doll of dysfunction in Russia. Lt. Gen Mark Hertling joins Charlie Sykes for the weekend pod.

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    America's Supreme Court - powerful, politicised, and unpoliced

    America's Supreme Court - powerful, politicised, and unpoliced

    Joe Biden - that's President Joe Biden - has said the Supreme Court is "not normal". He's referring to the recent judgements the 9 justices have made - overturning Roe v Wade last year, overruling affirmative action policies at two US universities, refusing to allow the government to cancel student debt, and wading into LGBTQ+ issues on a spurious basis of complaints that don't even exist.

    Is this overreach?

    Or is this the logical consequence of the polarisation of America?

    And who polices the Supreme Court?