Wed, 3 July 2019
On today's show, The New Republic's, Matt Ford (@fordm), joins us to review the Supreme Court's latest term. Broadly speaking the term was mixed bag, with some small victories for the court's liberals, but mostly the court maintained its steady slide towards conservatism. While Republican presidents have appointed more justices over the past 50 years, those appointments have never been as conservative as Trump's appointments, Gorsuch and Kavanaugh. Ford believes that this Roberts court will become more conservative in the years to come. Ford and Sam review the Court's ruling on Kisor v. Wilkie, where the court decided not to overturn "Auer deference" where "courts defer to federal agencies’ reasonable reading of ambiguous regulations." While this sounds like a victory at face value a liberal court would not take it up in the first place. Ford explains in Elena Kagan's 5-4 majority opinion "added a five-part test that will give judges more room to scrutinize those regulations." And Roberts added to the majority opinion that the ruling would not impact the Chevron deference which conservative legal scholars have been railing against for decades. Sam and Ford then discuss the gerrymandering case (Rucho v. Common Cause) and census citizenship question case (Department of Commerce v. New York) and what those rulings will mean for the future of our democracy. Ford does not see a silver lining in the case of Rucho v. Common Cause beyond state supreme courts stopping gerrymandering. The GOP has been very explicit in its attempts to gerrymander its way to power in states like Wisconsin and the Supreme Court has now ruled that it cannot enforce gerrymandering guidelines. Granted, the Supreme Court did not entirely implode this term since it did not rule in favor of the Trump administration and the Commerce department on the citizenship question, and are now dropping the campaign to add the citizenship question to the 2020 census. Ford and Sam conclude with a look towards the court's next term including positive developments in criminal justice reform.
And in the Fun Half: the MSM is a little too excited to say Bernie is done, Third Way thinks anyone can beat Trump... except Sanders, Bernie's huge rally in Iowa City, assessing our biases, the NYT Sydney Ember problem, empathy and logic on the left, Dan Crenshaw picked a bad time to say the border situation is not true, Glenn Beck thinks migrants would prefer to sleep on the desert floor than the squalor DHS facilities, Lou Dobbs is hyped about the Trump July 4th militaripalooza, Meghan McCain feels like a "caged animal," how would progressives work with Biden, plus your calls and IMs!
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