Way Too Close: Insane SCOTUS Case Could've Sunk The Country | Mark Joseph Stern | TMR
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- Опубліковано 28 вер 2024
- Live-streamed on May 21, 2024
Mark Joseph Stern, senior writer at Slate, discusses some of the recent developments at the Supreme Court.
mj...
slate.com/auth...
Mark Joseph Stern then joins, diving right into the impending milestone of the Biden Administration’s 200th successful federal judicial nomination, and the importance of moving away from the corporate judges of the Obama Administration, towards candidates that will have greater longevity in the system. Next, Mark, Sam, and Emma shift to the ongoing legal attack on the Consumer Financial Protection Bureau, as the US Right followed the initial Supreme Court undercutting of it in 2020 with an audacious plan to make the entire Bureau (and many other major federal agencies) unconstitutional due to their funding coming from the Federal Reserve, walking through why the Right can funnel even the most absurd legal cases through the court of appeals due to the insane biases of the 5th Circuit and single-judge divisions killing random assignment, even if (as in this case) it has no chance at the Supreme Court. Expanding on this, Stern parses through how the 5th Circuit serves as an “audition” spot for future conservative Supreme Court justices, before looking to Louisiana’s conservative judges’ active attempt to undercut the restructuring of Louisiana’s congressional districts, and why the Supreme Court is holding firm on not allowing major changes (like this reversion) in the months before an election. Wrapping up, Mark, Sam, and Emma tackle the continuing revelations around the Court’s major corruption - from judicial support of January 6th to shady financial ties - and what Congress can do to push back
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If there are 13 Circuits of the SCOTUS, then there should be 13 Judges. They must be snowed under, because they only take on a few cases every year.
16:15 it's actually insane to me, a federal judge doing a press tour... Judges are supposed to be impartial, and doing this should be grounds for dismissal. Maybe that's my UK brain talking, expecting people to have integrity
silly idealist, you
Court shopping is insane. If you get laughed out of court time and time again you should lose the ability to keep doing it long before you end up at the 5th circuit
The fifth circuit court is the Legion of Doom.
By the light of the moon. Beware, the Legion of Doom. Carnivore.
If only they were 'Doom Patrol' instead.
Don't besmirch the legendary tag team.
We have 13 districts we should have 13 supreme Court Justice no more no less
Exactly !
Expanding will need every Vote of every human of America.
@@debrajenkins9211?????
@@debrajenkins9211no, think Congress should vote for a Justice however there should be a confidence vote for every new Justice during the presidential election.
If the Justice gets a plurality then they stay on the supreme court if they don’t then they must elect a new Justice and the process repeats.
@@debrajenkins9211True, but a lot of silly people are saying “I won’t vote for Biden because he did almost 1/100th as bad as trump would have done in the Middle East.”
If you follow the logic of the fifth circuit on CFPB's funding, that includes essentially every GSE, basically everything under the Social Security umbrella, much of the military, entire Federal Reserve, and more.
It's like that plan Rick Scott introduced to reauthorize the entire government every year.
You spelled SCROTUM wrong.
Supreme Court of the Über MAGA
SCROTUS: Supreme Court Republicans Of The United States
SCROTUM: yer ballbag
SCROTUS
A bag of shaggy nuts.
Who cares ?
Judges are like referees in Sports Ball games. If we are talking about the judges and not the game something is very very wrong.
NBA referees would like a word with your metaphor.
Imagine if the referees were hired privately by each team, and the audience in the stands would vote for which team's referee gets the final call.
lmfao I might actually watch a ball game if they had rules that fun.
Great interview, thanks for clipping-must have missed it live.
Big fan of MJS here 👏🏻👏🏻
I'm not in the US yet this is terrifying horrific (& explains some shit in my own country I couldn't put my finger on before)!
Yeah they've been working on subverting the courts (hardly an innocent and people-friendly institution already) for a couple decades via the Federalist Society and similar groups.
DNC ignored it because they're paid not to fight too hard.
This makes me so angry. My head is going to explode😡
You acknowledge that Dems are "afraid" to call supreme court judges to congress for question, but then just move the conversation along... let's discuss that a little more. You said Democrats' voting base doesn't care about defending these corrupt judges, so why are they afraid? That seems like a very important point you brushed aside.
Establishment liberals refuse to substantially challenge or even (in some cases) question our institutions. The only time I've seen this trend bucked is in the case of international courts holding Israel "accountable". They will gladly join the fash Republicans in retaliating against the ICC/ICJ
Biting thr corporate hand that feeds both parties
Uh uh uh uh uh . . . . Bro you're killing me.
Imagine the history classes that will be bored by our bulls.... shirt.😅😅😅
I hope that Durbin s
aides are watching this oodcast.
The most frustrating part of all of this is that citizens, lawyers, and lawmakers are expected to treat these laws and rulings seriously as a matter of how our society works, but these judges and lawyers act like trolls in an online game.
so would an expanded scotus be able to take on more cases per year?
Considering liberals thought Roe's demise would "sink the country," I am skeptical of this video from the start.
I remember the good old days when Republicans were the fear-mongers.
We now live in a country where twelve year olds have been forced to give birth, I'd call that pretty sunk.
Sam: No, don’t respond to the one thing Emma has said in the last ten minutes, this is my interview - she’s just here to nod her head or otherwise gesture positively at my every word.
Emma’s patience and tolerance for this chauvinist attitude, something which she would surely downplay, is “stunning”.
Are you drunk ?
This episode was just devastating. Our judiciary is so corrupt at this moment.
Ginsburg should have retired. You have to be honest about that being a huge blunder.
@13:00 and this is why the Disunited Snakes of Murica are doomed to grow farther apart
I love how one of Scotus' excuses for the 14th amend hearing was 'patchwork elections'. Ohh no, we just cant have that... Whole damn country is nothing but a 'patchwork' on everything
Your rights vary by state.
@@jufulu7066 Exactly... a patchwork
@@jufulu7066 They always have to some degree. That's how "State Autonomy" has always worked.
Agreed that Federal Rights should NEVER "Vary" state to state, only state level rights should. But the Republicans have learned how to "Game" the system in their favor.
They argue "States' rights!" when it is convenient, and then want concentrated Federal power as soon as the winds change.
If we make rich people follow the same laws as everyone else, they scream, "Police State! 1984!" but then love to "back the blue" when they shoot innocent poor people dead without any trial.
When cops waited for over an hour outside Uvalde, they were more concerned about their own guns and how the oogie boogie Left would spin the story and try to take 'em away. So scary! Meanwhile, the bodies...
It is so insane to hear phrases like 'being able to make a good life on only a couple hundred thousand for salary'...
And I worked so hard to get to a point where I get my blue-collar/midwest middle-age 50k
Capitalism, and the greed it endorses, has long ago ruined many peoples' ability to think of a community before themselves. Or of anyone really before themselves. Acting like a selfish jerk is very rewarding in a capitalist society. Caring about others and serving your community not so much.
The amazing thing about this entire discussion is they are NOT even getting into the real issue which is the staggering power of *Harvard and Yale* which was where the *Federalist Society* started along with the University of Chicago. RIGHT NOW there are 4 Harvard and 4 Yale graduates on SCOTUS and the other one (Barrett) is a known FS member. When the last judge was selected the short list of 7 had 5 who were Harvard or Yale educated. Going back to the previous generation there were fewer Yale but more Harvard. You have to go back tot he 60s to start seeing more judges from a broader educational background. *Its as if America's other Law Schools simply don't matter. *
FYI - I'm Australian but went to college in America. Other than my personnel relationship with America, Australia is about to start spending several hundred billion on American submarines. JUST LIKE many other nations WE CANNOT AFFORD America to be unreliable and right now 4 out 4 sections of your governmental system are malfunctioning.
A simple summary goes like this:
SCOTUS is out of control and is handing out POLITICAL direction rather than legal decisions.
The House is riddled with maniacs from *BOTH parties* who are more interested in which stock to buy or sell.
The Senate is full of selfish geriatrics from *BOTH parties* who simply wont retire.
The White house is being fought over by a pair of Geriatrics both of who are unfit for an office of that can decide the use of nuclear weapons. In ANY OTHER country Trump be in prison for January 6th and in many countries he would have already been executed. Notably Saudi Arabia and YES we know about the $2 Billion Jared has.
Before anyone tells an Australian or anyone else NOT interfere let me inform you about AMERICAN interference in Australia. 4 AMERICAN companies (consultancies) basically run our government. One or more of Deloitte Australia, Ernst & Young (EY), PricewaterhouseCoopers (PwC) and KPMG are involved in almost every government decision at both the Federal and State level. Even when we get a change in Government either Left to Right or Right to Left all that happens is that certain government officials swap places with their counterparts in the consultancies.
We *ACTUALLY CAUGHT* PricewaterhouseCoopers (PwC) committing industrialised tax evasion and fraud. Despite the public outcry nobody has been charged and PwC has recently received NEW government contracts.
These consultancies and our government bureaucracy include many graduates of Harvard and Yale.
Yep, as an American I agree with all of your concerns. I have no faith in our governmental bodies, every branch is severely f*kked and stuffed with greedheads, especially the judiciary, which are lifetime appointments. I have trouble envisioning a future wherein we’re able to fix these issues without the greedy c*ntz at the top toppling the whole thing through sheer careless out-of-touch greed. Whether it’s the Supreme Court deciding that unions should be illegal because their business daddies tell them to, or something like Elon Musk demanding a $50 billion dollar bonus from Tesla two weeks after they laid off 20,000 workers because they “need to cut costs,” I fear that it’s only a matter of time before something (or some collection of somethings) is bound to push this top-heavy brittle bloated economy over, and it breaks. I would not want to be a country heavily dependent on the US right now. If it’s any consolation, I’d bet that you’ll still get your submarines. At its core, America is really just an arms dealer wrapped in a flag. As long as dollars are still flowing, companies like RTX (which is just a larger re-branded Raytheon) and Boeing (which is just a larger rebranded McDonnell-Douglass) will be selling missiles, guns, bombs, and bullets to anyone looking for a flashy new (or tried n’ true) way to murder brown people. So yeah, there’s a good chance you’ll still get your submarines, but I’m less certain that you’ll be able to count on spare parts. I suppose that’s more of a $400 billion dollar albatross than a consolation…. Well, on behalf of my country, I apologize. Some of us here are just as concerned about the future as you, but not enough of us.
Dude,you are WAY more informed than 98% of Americans about this crap. A few people,who might be wrapped up in false patriotism or this ridiculous American exceptionalism,may take offense at pointing out our shaky political foundation but,by looking in from the outside,it’s possible that you can see a clearer picture than what our government officials provide us. Only those who are known to refute factual evidence or suffer hurt feelings from the points you’ve made would not welcome your informative input.
Forgive me if I use this incorrectly but,as far as your comment…grouse,mate.
The only counter-argument is that things were always fairly broken and corrupt.
It has certainly gotten worse as the crisis of capitalism coalesced. Without 'new frontiers' to extract profit from thr tools of financial extraction are turned on the public and the public infrastructure instead of just thr usual military bloat or energy boondoggle.
@@myleslong5584 Thanks.
It comes from 3 things.
1) I actually do care about America. I had this amazing time over there going to college and it hurts watching America tear itself apart the way it is.
2) No matter what any Australian likes or not, America is our most important trade and security partner. That has its pluses and minuses. Either way we need America to be stable and reliable.
3) No matter what any other country thinks or wants America is still 25% of the worlds economy. The US Dollar ($USD) is still the worlds reserve currency and MOST international trade is done in $USD or the money exchange is backed by $USD. NOBODY not even the Russians, Iranians or North Koreans can afford that system to be come unstable.
Right now there's around $100 Trillion in Foreign Exchange (FX) Swaps held by banks, companies and others around the world. There's a Bank of International Settlements (BIS) report on it that went largely unnoticed 2 years ago. It raised the concern that over 60% of those swaps were held by non-American non-bank entities. Its NOT odd for businesses who trade internationally to hold FX swaps but there's also a lot of people using them like Casino chips *AND IF* the currency backing the swaps suddenly jumps up or down in value it can shock the entire global trade system.
Better still is the fact that a couple of American states are now the favorite hiding places for money. There's little said about it but Idaho is America's equivalent of Switzerland and has a very secretive banking system. Its also a favored place for Russian Oligarchs to hide their money. Putin's worth around $200 Billion through various stocks and entities. Where that money is, is anyone's guess, but there's probably some in Idaho.
So I really do mean it when I say NOBODY can afford America to become unstable or unreliable. Not even Putin.
And Harvard, Yale and U. Chicago ARE the problem, because of what their graduates do and how they network together.
@@christophergreen6595 Have you seen or heard Mark Blyth's (Prof at Brown U.) explanation of the 3 versions of capitalism we have been through?
Once you se/hear that you'll realise its NOT capitalism, but the version of capitalism we now have. We should have upgraded and re-booted after the 2008 GFC but instead did a patch job.
FYI - I'm an engineer so that computer analogy Mark gives makes perfect sense to me.
Anything Congress might do to rein in SCOTUS will be declared unconstitutional by the Court. And if anyone points out the Constitution does not say that at all, the Court will say "yes it does'.
Bingo
Jeez! A few hundred thousand dollars a year? I don't think I could imagine complaining about that.
Great SCOTUS deep dive on how total extreme reform needed to fix extreme SCOTUS
Robespierre was too mild.
'Supreme Court' has to be reformed so that it reflects majority American values otherwise their legitimacy should be questioned and harshly punished. *Sigh* Just in my fantasies will this happen but I can always hope.
Most people don’t even bother to challenge the fact that their congressional representatives don’t vote according the values of their constituents.
If we collectively demand it loud enough for long enough, under the right administration, it could be done. Everything has a breaking point.
TMR. One of your best discussions!
Term limits for judges at all levels.
Don't vote for Republicans. Ever.
Robespierre was too moderate.
I WISH Clearance Thomas would have quit the court. Ugh.
add "lawfare" to the list of words that should see any republican laughed out of the conversation
@John-PaulHunt-wy7lf Nope
What's depressing is that lawfare is a real, useful term, & is arguably applicable to a lot of state's anti-abortion laws
@@colewood3297 i say this because the GOP commits it, while only ever speaking of it to falsely claim its bei g used against them. Laughed out of the conversation because of their hypocrisy. Not the word.
@@Skywatcher16 Fair enough
This conversation is too important not to portion out in shorter, easily digestible, viral worthy clips!!!!
based take
This was very interesting and informative about what's going on with regards to cases and courts.
My concern with the CFPB lender protections is that these also protect LLCs to swallow up "affordable" housing, which in turn they then "reno-vict" paying renters in order to slap on a fresh coat of paint and jack up rental prices, in some cases as much as 110%!
This totally works against working families, making it impossible for a middle income or lower income family to purchase a home instead of being subject to nefarious landlords.
Many times, mortgage payments are much lower than rental costs but because middle and lower income working families don't have enough cash on hand at any one time to put down a down payment, they're utterly priced out of the housing market, thus perpetuating the landlord/rental cycle.
How could the CFPB protect these types of families to make affordable housing and permanence, a reality?
When rent for say a two bedroom apartment is on average $1,000 - $3,000 a month, while a mortgage for a very modest two bedroom, single family home is on average only around $750!?
These protections for property management companies against predatory lenders is only working to increase the housing crisis across the country!
There has to be a better way!
I’m a union pipefitter with a 20% down payment and I still can’t “afford” a house.. My two options are 1) buy above my budget of $230,000 2) buy a piece of crap for $230,000
@@spencerbixby7819
THIS is EXACTLY what I'm talking about!
You have what would be considered to be a "good paying job" yet you are priced out of being able to buy a Permanent home because Multi-family LLCs have taken advantage of the CFPB laws, which have made banks LESS willing to offer mortgages to working families, opting preferred status to LLCs that have much more capitol!
So, why dont other judges that want to have more than one judge in a region move to those areas? How does an area only end up with one judge? How do you add more judges?
How do we fix this court shopping nonsense? Why do they have standing?
Really important discussions. Many people have no idea this is happening.
It amazes me so many people are willing to sit out this election and risk Trump winning and appointing even more federal & Supreme Court judges.
I’ll be voting for Jill Stein
@@straunwagner6322 I just hope you sow the consequences of your own actions if Trump wins.
@straunwagner6322 I'll be voting for Jill Stein too, but I live in a blue state so if Trump wins it won't be because I didn't vote for Biden.
Fuck it then, rock and hard place I guess.
@@TheMahayanistearn his vote please stop pissing off people you need
Biden is the one helping Trump.
Mr. Stern is very knowledgeable. I'm impressed. When I attempt to steer people to independent media, The Majority Report is at the top of my list.
Left is best.
🔥💙🔥
Go Joe.
You are in a low spirital because you don't know about Schmetta 1973, 1980, 1987, 1994, 2001, 2008, 2015, 2022 as it is a Hebrew Law so every 7 years is to make their fields fallow. That relates in our current events 2022, was a Shmetta for inflation.
Hey let’s be fair Alito selling his Bud Light for Coors is hilarious given how long a history Coors has with actually lending support to the LGBTQIA+ community. Maybe he knew and thought Bud didn’t go far enough. 😂 (obviously he didn’t, but it is nice at least one company actually does have that history.)
Maybe an AI judge is not such a bad idea.
Not the current “AI”.
An example of a "community of interest" Congressional district is NJ's 6th CD. It's thin and wraps around Raritan Bay and the north shore, but there is a good amount of common interest in water and shore issues.
What is to stop a wealthy, conservative law firm from waiting until there is a Republican President and then offering a lucrative partnership to a retiring Democratic appointed Judge?🤦🏾♂️
Really hate that the system allows people to shop for a like minded judge which builds non-partial individuals deciding cases. A judge should be neutral who factors the law and the situation rather pushing their opinion.
Alito always gets on my nerves who pulled from what believe was from the 1800s ignoring modern science and discoveries to remove Roe v Wade with the Trump judges being hypocrites too backpedaling on precedent.
The other case that really showed the hypocrisy of the conservative judges was taking up the case of the web designer challenging LGBT customers when the woman had yet to begin taking orders. She was supported and pushed by a conservative group to achieve that's group vision. They ignored the rule to only take cases that have actually negatively affected them.
Those guys wanted second family money.
My understanding about the "judge shopping", is it would pull theboutter banks judges into the larger pull of judge selection. Guess that was just a wonderful ethical dream. Dashed for lack of if ethics
Remember, Trump appointed Mick Mulvaney to destroy CFPB.
You should start calling that one judge "Judge Kaczynski" to properly articulate who he is and what he does to the rule of law.
Moscow Mitch blocked a lot of Obama's court picks, including the USSC
LIKE THAT OLD BURGER COMMERCIAL... WHERE'S THA BEEF? DOES THIS SANDWICH HAVE MORE THAN LETTUCE?
5th circuit of libertarians?
Anti-American traitors more like it.
Mark sounds like a pole smoker ))----
No matter how many times I block, these lame political shows keep coming up.
Now we gotta keep him in Pittsburgh, would like to see a pirate championship team in my life time.
Take a look at Crenshaw’s district in Texas 😂😂😂😂
Thanks, perfect argument why when they go low, we go lower.
Anyone also getting these “Be moved” promotional campaigns for Maryland? I don’t think ithe voice him but it unnerves me how much it reminds me of Dave Rubin.
Biden sleeping at the wheel and we need more judges.
Sounds like we should just get rid of district voting for Congressional elections.
Sam, you really need to work on removing "uhh" and "um" from your vocabulary. It is very distracting and wastes too much time of your listeners.
False post time. Again. Just tag rerun.
Yeah im sad depressed and lonely , obviously
The ninth circuit is pretty far left
By which I mean left of Genghis Khan.
All these things make it obvious that we need a workers party that focuses on direct action. When will we at least have some discussion about this ? We need an organization that is capable of carrying out boycotts, strikes, and mass protests.
Why are the hosts of this show so muffled? Are their mics stuffed full of cotton? Did they buy them at a yard sale 20 years ago? The guest calling in on his laptop has VASTLY superior audio.
They sound fine
Judge shopping should be illegal
why so much fry in this guys voice?
Your voice is unbearable.
JUST ANOTHER DEMOCRAT WET DRAM !
Just a dram? Why not a litre?
I understood drams were a liquid measurement.
God dram it!