The transcript covers a range of topics from business tools like Xero and food culture such as Kewpie mayo to critical legal and political issues. Xero is presented as a user-friendly financial platform that simplifies business management through integrated tools and visual analytics. Kewpie mayo is highlighted as a flavorful, egg-yolk-based Japanese condiment that has gained popularity in culinary circles. A central theme revolves around the Supreme Court’s controversial immigration rulings—specifically those dismantling Temporary Protected Status (TPS) and limiting asylum access—highlighting a troubling pattern of enabling xenophobia and mass deportations. These decisions, especially the asylum case, create loopholes that allow border officials to block entry and punish people attempting to seek safety legally. The rulings are criticized for their lack of necessity and for reinforcing racist narratives, such as equating unauthorized immigration with invasion. The Court's broader judicial behavior is seen as politically aligned with MAGA policies, undermining constitutional rights, including birthright citizenship and campaign finance limits. Several cases—including those on trans athletes, voting laws, and political coordination—signal a judiciary that may normalize discrimination and weaken democratic safeguards. These decisions collectively raise deep concerns about the Court’s neutrality and its impact on civil liberties, particularly for marginalized communities. The text concludes with a warning that such trends could erode trust in judicial institutions and empower authoritarian practices in American governance.
This is LeVar Arrington from Two Pros and a Cup of Joe.
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This is Matt Rogers from Las Culturistas with Matt Rogers and Bowen Yang.
This is Bowen Yang.
Okay, we've been talking about Kewpie mayo for a minute now, Bow,
and wow, the feedback we're getting.
I mean, so many of y'all love this stuff.
You're stopping us in the street going,
I love Kewpie.
And if you're thinking, wait, what is Kewpie?
Uh, do you not have the internet?
It's the OG Japanese mayonnaise.
The one with the red cap and the little baby on the bottle.
Once you know it, you start seeing it everywhere.
People ask what makes it different from basic mayo.
Well, the answer, egg yolks.
Kewpie is made with egg yolks only,
giving it this incredibly rich umami flavor that elevates everything.
Burgers, fries, sandwiches, chicken, noodles.
Chefs use it.
Restaurants use it.
People who really love food and flavor use it.
Whatever you're eating, Kewpie it.
So if you haven't tried Kewpie yet,
find the bottle with the red cap and see what everyone's talking about.
You'll understand.
Kewpie, the original Japanese mayonnaise.
It's a great way to get rid of the smell of the egg yolk.
courts to review those determinations.
So now let's get to the racial animus point and why that matters here. Because I think for people who have been following the saga for a long time, the Haitian immigrants are the ones that Trump and J.D. Vance and the entire MAGA media accused during the 2024 campaign of eating the pets in Ohio.
That's what we're talking about here, right?
Well, and it wasn't just that. It is the president said people from Haiti have AIDS. He called it a shithole country. He said they were Haitian nationals poisoning the blood of the country.
A bunch of racist, vile remarks. And Sam Alito does not even have the backbone to recite those remarks, in his opinion. He just declares they're not overtly racial. I have no idea what that means.
Given that the president also said he wanted to admit more people from Sweden and Norway. Like, again, he tried to say, I guess they're xenophobic and really about opposition to immigration policy, which makes no sense.
And also, in any case, I don't understand why that would be constitutional. And if he cannot bring himself to recite the remarks of the person who he's saying isn't racist, I think that's a pretty big indication that maybe the person is racist.
And so this means for Haitians, that there are 350,000 of them, I believe, who many of them in this country for quite a while now. I think TPS has been around for almost a decade, right?
Yeah, more than a decade.
But the next time they encounter an ICE officer or CBP officer, they could be deported. Same is true of Syrians. Now, I know Stephen Miller was on Fox News minimizing the dangers in Haiti and comparing it to Chicago, St. Louis, Los Angeles. But Syria seems like a harder case to make that this is a totally safe and fine place to go back to.
I mean, I think Haiti is a really tough place.
I mean, maybe even tougher than Syria, actually.
Yes, exactly.
And so this would be the largest de-legalization in United States history. So while these cases specifically are about Haitian nationals and Syrian nationals, the Trump administration has attempted to end temporary protected status for individuals from other countries, including Venezuela, Nicaragua, El Salvador, and more.
You know, when Trump took office, there were more than a million people living in the United States with temporary protected status.
And suddenly all of those people potentially lose.
They lose their legal authorization to remain in the United States. And your point about check-ins just drives home the people they are penalizing are the people who followed the immigration rules. They underwent this vetting process. They do check-ins with immigration officers. And so now the federal government knows who they are, where they are, and could be poised to effectuate these mass deportations.
In her dissent, Justice Kagan says, as a result of the court's order, they're basically telling the executive branch, you can put these people on the next plane.
And send them off. And it's just cruel what the Supreme Court is potentially allowing and inviting the Trump administration to do.
So for the non-Syrians, non-Haitians who have protected status, like you mentioned, Venezuelans, we're also talking about people from Afghanistan, many of whom fled after the fall of the Afghani government, people who helped the American military and diplomats there, talking about Ukrainian refugees, all these other groups.
Can the Trump administration now just sign a piece of paper?
And remove their TPS? Or go through the fake process that they don't even have to go through anymore?
Like, are we just like one Stephen Miller email away from 1.2 million or whatever it is, people potentially being deported?
Potentially, yes. And there have been cases challenging the rescissions of the other temporary protected status programs as well.
But in light of this decision telling courts they can't review any of the statutory claims and excusing the president's gutter racism, it's going to be really hard for any court to pause those rescissions.
Great. So this is, honestly, truly terrible.
And so then we had a second immigration decision that came down.
Now, this one is less immediate in its consequences and hinges, as I understand it, on the meaning of the word arrive in immigration law.
Can you explain? This is another 6-3 with the typical six and the typical three decision.
Can you explain what's going on in this case?
Yeah. So this case is about the meaning of asylum law under international law and statutes the Congress has passed.
Individuals who arrive in the United States are entitled to claim asylum and they are entitled to have their asylum claim assessed in a legitimate process and procedure.
What the Supreme Court said is an individual doesn't arrive in the United States and therefore they aren't entitled to claim asylum or have their asylum claim assessed if they are stopped outside of the physical borders of the United States.
As Justice Sotomayor pointed out in her dissent.
And this creates a giant loophole.
It tells the executive branch so long as you physically block people from entering the United States, you do not have to consider their asylum applications.
You can just turn them away wholesale.
And that decision was entirely unnecessary.
Part of what is so, I think, heinous, both about the asylum case and the TPS case, is that the Supreme Court did not have to reach them on this asylum case.
The case originated as a challenge to a policy that isn't in existence.
It was a challenge to the so-called metering policy that began almost a decade ago.
And under that policy, immigration officials would turn away people and say, we can't process your asylum applications if the quota for the number of individuals who could be processed at the border had been met.
That policy was ended.
There was not in effect any policy.
There was not in effect any policy that presented this question about whether the Trump administration could refuse to process asylum applications from people who they stopped outside the border.
Instead, the Supreme Court went ahead and just told them, well, we've decided you could do this thing that you may want to do, and therefore paved the way for them to implement another callous immigration policy.
And so in the original metering policy, which began at the end of the Obama administration, you would show up and they would say, we just—
There are too many people today.
We're not going to be able to get to your case.
Come back tomorrow.
Yes.
And we will look at your case.
And so at that point, it wasn't an attempt to deny them.
It was essentially recognizing, you've shown up at the door.
We can't let you in the door.
We're acknowledging you have the right to make your asylum case, and we are going to allow you to do that on a different day when there is an actual someone who can hear it, basically, right?
Yes.
That was the sensible—
And so now, this seems like such an insanely stupid decision on so many levels, because doesn't it seem to argue?
That if you are someone who has a—you believe you have a legitimate asylum case, you're coming to the United States to avail yourself of your human right to seek asylum consistent with our laws and traditions, you are better off sneaking across the border—
Exactly.
—and getting caught and then claiming an asylum case than showing up at the front door and asking to present your case.
This decision is unhinged.
As Justice Sotomayor wrote in her dissent, the consequences are predictable.
More people will die.
And among the—
One of the reasons is it creates this incentive for people to try to sneak across the border, because only if they manage to get into the United States borders would they be able to claim asylum.
This is another example of the Supreme Court adopting a rule that penalizes people who are trying to comply with immigration law by presenting themselves at the border and trying to assert an asylum claim.
It's basically funneling them into these trafficking organizations—
—that are making money to get them into—
—into the country, as opposed to just—
To me, that's what seems so insane about it.
And so the net result of this, other than the consequence of the people who then now get injured, get hurt, get killed, are trafficked, you know, young women and children who go to these groups end up in very bad places often in an attempt to get to the United States, what is going to happen is Stephen Miller could just tell the CBP, don't let anyone—
Exactly.
—no one gets in.
So we will not recognize any legitimate asylum claims that come in through the normal process.
Yes, it does not matter if someone could prove beyond a reasonable doubt that they would be persecuted, tortured, killed in their home country.
The administration can just refuse to consider that.
Now, in this—I learned from your very—the very excellent Emergency Strict Scrutiny podcast you guys did that came out today?
Yesterday?
What is today?
Today's Friday.
Time has no meaning anymore.
Today's Friday.
It's June.
Friday.
It came out yesterday.
I listened to it this morning.
Okay.
And—but during the release of this decision, that something very dramatic and quite—and perhaps unprecedented in the history of the Supreme Court happening, could you lay that out for us?
So it's not entirely unprecedented, although it's deeply rare.
By tradition, what happens is when the Supreme Court releases an opinion, the author of the majority opinion will provide some remarks and offer a brief summary of their case.
Occasionally, but only in rare circumstances, will the author of the dissent then proceed to summarize their dissent.
And reading portions of your dissent from the bench is reserved for very strongly held dissents where you want to signal a very obvious, strong objection to what the majority—
So in the asylum case, Justice Sotomayor read portions of her dissent. And then Sam Alito proceeded to respond. And having the author of the majority opinion respond after the author of the dissent summarizes their dissent has happened maybe once or twice before.
And Justice Alito also intimated that, well, had he known, Justice Sotomayor would have summarized more of her dissent. He definitely had additional things he would have said because he could totally rebut all of her arguments. And it's just so petulant and, yeah, unbefitting of justice.
Well, I mean, this is a long pattern of behavior for Sam Alito going back to the 2010 Supreme State of the Union where he was so set.
Barack Obama deigned disagree with the decision to allow corporations, billionaires to buy our political system that he had to react viscerally and loudly during this. He had basically had to heckle the president of the United States.
Exactly. Exactly. You think, right, the Tea Party or whoever else invented heckling at the State of the Union? No, no, no, no, no, no. Sweet summer child. It was Sam Alito.
Yes. A man who clearly has impulse control problems.
Particularly when criticized, perhaps, by coincidence.
Definition of a judicial temperament.
Yes. When criticized.
When criticized by people who, by coincidence, have to be people of color.
Right.
So it's a bother him, particularly.
Thank you.
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Okay, another big case happened here.
And this one
caused a different corner of the internet
to be aflame.
The Maha corner of the internet
is very upset
about a case
where the Supreme Court
tossed out a suit
against Monsanto's parent company
involving claims
that the weed killer Roundup
caused cancer.
And this one is interesting
because this is not our traditional
6-3 group
of the three we know and love
and the six we have come to detest
in many cases.
This is a 7-2 decision
where Kagan and Sotomayor
actually were with the majority
and Ketanji Brown-Jackson
and Neil Gorsuch, I believe,
were the ones who dissented.
Talk to me about this case
and did the majority
get it right in this one?
So the case is about
the Federal Insecticide,
Fungicide,
and Rodenticide Act
or FIFRA.
FIFRA as we call it, yes.
K. Shaw has called this
one of her favorite statutes.
I don't know why.
But,
but,
but,
but it's a federal law
that gives the EPA,
the Environmental Protection Agency,
the authority to regulate pesticides,
et cetera.
And what happens is
companies submit
their proposed label
for their pesticide to the EPA
and then the EPA signs off on them.
And the question in this case
is whether an individual
could sue a pesticide manufacturer
saying that the label
that the EPA had approved
did not contain
enough information
to adequately work
against the EPA.
So the EPA has already
warned them
about the danger
of the product.
And so here the allegation was
Monsanto's product,
Roundup,
contains an ingredient
that causes cancer
and that's not disclosed
on the EPA warning label.
And so what the Supreme Court
said here is
this statute gives the EPA
and the EPA alone
the authority to determine
what goes on a label.
And the label can only be changed
if the EPA orders a change
or if the EPA orders a change.
If the EPA approves a change,
private parties, states,
they can't impose
additional requirements
beyond what the EPA has decided
is warranted.
And so where do you come down
on this as a law professor
and legal scholar yourself?
Yeah, so I think the court
probably got it right here,
in part because the agency
has a lot of authority
over how these labels are made
and what goes on there.
And I think there was
a congressional choice
to prioritize uniformity
over other considerations
and wanting a single process,
a single decision maker
to determine what goes
on these labels
and valuing the EPA's expertise
over the expertise of, say,
state juries or state decision
makers.
And that's a choice Congress
considered the pluses and minuses.
And I think the court was probably
right to say we need to respect
the choice that Congress
has made.
Now, I have other issues
with the Monsanto decision,
just consider it in light
of some of the other cases
that the court made.
But I think standing alone,
the court probably got it right.
And now, this was about one
specific case in Missouri.
But there are other suits
against Monsanto out there that
will be tossed out because
of this.
Exactly, yes, yep.
And does this have an impact
broadly on corporate liability
or the ability of individuals
to sue companies along the lines?
Or is it pretty specific to this,
one, FIFRA, if I'm saying that
correctly?
Exactly, yes.
FIFRA-related ruling.
It's pretty specific to the FIFRA
statute itself, because the court
focused on the fact that Congress
in that statute has a provision
labeled uniformity.
And in the statute, gave
the EPA a bunch of authority
over all stages of the labeling
process.
And that's not necessarily going
to be true in other statutes.
And so, yes, it's going to
insulate this set of corporations
from this particular type
of lawsuit, but not beyond that.
And could these individuals
sue the EPA for the label not
being fully--
fulsome enough to give them what
they needed to know to make
the right decisions here?
Or are these people just kind
of screwed?
Yeah, so they can file
Administrative Procedure Act
lawsuits against the EPA
and challenge the agency's
actions with respect
to these labels.
That is not going to get them
damages for any harm
that they might have experienced
because of a failure of these
warning labels, but they could,
would try to get the EPA to change
them going forward.
And you said that you--
well, this in a vacuum, maybe
was the right decision.
You have concerns more broadly.
I take it that is the fact
that corporations are like 1
million and 0 in the Roberts
Court over the last 22 years
or whatever it is.
That would be the general flavor
of the objection.
And even if you just look
at the decisions from this past
week, so Monsanto.
Corporations can't be sued
for labels that allegedly contain
insufficient warnings that cause
people to get cancer.
Earlier this week, the court said
you can't sue corporations
for abetting human rights abuses
that foreign governments
commit. They said corporations, however, can sue foreign governments, namely Cuba, for taking their
oil. They said individuals who are incarcerated, they cannot sue state officials who violate their
religious freedom rights. They said TPS recipients can't sue to challenge the executive branch for
violating their rights under the statute. In another immigration case, they said effectively
lawful permanent residents can't enforce this statute protecting their right to reenter the
United States at the border. So who gets to sue to enforce their rights? Corporations. You can't
sue corporations for violating international law, for potentially violating state tort law.
You can't sue state officials for violating federal law. You can't sue federal officials
for violating federal law. And so if you just aggregate all of these decisions together,
it's like, okay, who has rights? Who doesn't? Corporations. Everyone.
You're bringing up the TPS thing. I was going to go back to something I meant to ask you before.
Given this decision, what would stop a president, AOC, Gavin Newsom, Kamala Harris, whoever else,
from just deciding on day one that they want to grant TPS to everyone from, say, Mexico?
It's so funny you say that, Dan, because that was actually an argument in the case
that the challengers said, look, if you completely insulate these decisions from review,
they can be abused in either direction.
So in one of the final passages of the opinion, Sam Alito suggests, well, look,
the plaintiffs in these cases, they throw out these hypotheticals.
We're not going to necessarily say those would be unreviewable, but maybe Congress could fix them.
And so there was this narrow potential caveat that the court reserved for itself because they
view themselves as the ultimate decision maker to potentially say maybe some wholesale abdications,
might be reviewable, but who knows?
So just if perchance, say, a Democratic president wanted to unveil themselves of the executive
authority that they found inherited Donald Trump's actions, there was a way for them
to stop that from happening.
Ding, ding, ding, ding, ding.
Perfect, perfect, perfect, perfect.
Good.
Let's make sure, you know, I didn't go to law school, but I'm sort of picking up what's
happening here.
I mean, from these decisions, it's not clear Sam Alito did either.
Fair enough, fair enough.
OK, let's get to the cases that have not yet been released and will maybe release Monday
or Tuesday of next week.
OK.
We think, we hope, who knows?
Do we hope?
Honestly, like there are bad things coming.
I mean, I hope for you as someone who has a podcast schedule that you have to get to
that happens earlier in the week rather better, I would say, for everyone Monday and Tuesday
than Thursday, perhaps.
OK.
All right.
The biggest one that everyone's waiting for is the one on birthright citizenship.
Everyone seems to think that since the Constitution is quite explicit,
on this, that it would be seemingly impossible for the Supreme Court to do this.
You had a piece of the contrarian where you raised some real questions.
You have some worries about this.
I'd like to hear what those worries are.
And I think it also raises some measure of concern that they've been sitting on this.
Like this is something they could have done in a one sentence order a year ago.
And we've been waiting and waiting and waiting.
And just based on what I've read and reserved, the fact that they're waiting so long on this
at least suggests that there's something going on.
So what is going on here?
Tell me about the case.
Tell me about why specifically you have worries.
Worries about what this decision might say.
Yeah.
So the case is a challenge to the president's executive order that purports to deny birthright
citizenship to some people who are born in the United States, even though the first sentence
of the 14th Amendment says all persons born and naturalized in the United States and subject
to the jurisdiction thereof shall be citizens.
So it's a wildly illegal executive order.
And I think most people, even after the oral argument and even now, think it's more likely
than not that the Supreme Court will say that order can't be enforced and it's unconstitutional.
But, and this is a big but, the recent immigration decisions are really concerning.
The fact that the court adopted such broad reasoning in cases where they didn't have
to do so at all, I think is causing some people to rethink their confidence in what the court
might do on birthright.
I think the delay could also signal that the decision isn't going to be unanimous.
And if it's not unanimous, that's going to meaningfully alter the Overton window as far
as what people's understanding of our constitutional multiracial democracy is.
You know, if you have dissents by Justice Thomas and Alito, is birthright citizenship
going to become a new litmus test for Republican appointees where the expectation is you will
only be selected for a judicial seat if you would overrule birthright citizenship, just
like you could only be selected for a judicial seat if you would overrule Roe versus Wade.
It would also invite, you know, future challenges to birthright down the road.
So, I think those are some of the things that are on people's mind.
But then there's this additional consideration for me, which is even if the court does the
right thing, I mean, they just cannot get all of the credit and all of the plaudits
that are inevitably going to be heaped on them for standing up to the president when,
as we were just talking about, they bent over backwards to greenlight some of the more xenophobic
white nationalist elements of his immigration agenda when they didn't have to do so.
They are the ones.
They are the ones that created the need for this case on birthright citizenship and indeed
demanded that the federal government bring the case to them when last year in the nationwide
injunction case, they refused to just come out and say, even if lower courts can't block
this policy on a nationwide basis, we Supreme Court can because it's wildly unconstitutional.
And instead, they made the Solicitor General promise that he would appeal any unfavorable
ruling back to them to give them the opportunity to be the
hero.
And so they were the ones that created this potential opportunity for great PR for
themselves that will give them cover for who knows what else they might do in addition
to all of the terrible things they've already done.
Yeah, it's interesting because John Roberts is a very political individual and he is tries
and he's not a very good political individual, but he tries to be one.
And so I can see in his simple minded view where he's like, we're going to do all these
terrible things and then we're going to head in a Fourth of July break with this
decision that will cause everyone to say, see all those liberals who want to expand
the court and do term limits and say we're a bunch of MAGA shills are wrong.
And then there'll be a series of legal pundits who will then applaud John Roberts and he
will ride off into the sunset as a hero, right?
I mean, you say he's simple minded and not that great, but the end of your sentence,
I just think is correct.
When the court, if and when the court rules against birthright citizenship, there will
be all of those takes and people talking about how the court has.
Stood up to the president and isn't just in the bag for MAGA and isn't on board with all
of Trump's agenda and therefore you libs and you progressives who want to reform the court.
What would you do if Donald Trump could reform the court when he disagreed with it like that?
There's going to be so much of that.
But those takes are why America's most popular, influential Supreme Court podcast exists,
right?
Like you will be you, you, Kate and Russell will be on that wall fighting back against
that.
I know that.
Yes.
I mean, we have been screaming about this for over a year.
And trust in the Supreme Court is at an all time low.
So don't think you're not.
You have not put your wheel to the your shoulder to the wheel of history.
Yes.
Yes.
And strict scrutiny to more friends challenge.
But no, I mean, it's not to say it's going to work, but it is going to generate some
of the coverage that they want.
And it's just going to be annoying as fuck when it does.
Yes.
So let's say.
Let's say hypothetically, this is a 7-2 decision and, you know, Alito and Thomas or whoever
else, they are against it.
Can you fathom in your brain what that argument would be like?
It is hard to find something as plain text as this in the with this with as a simple
and specific application as this, you know, it's like obviously freedom of speech is in
there, but then there are all kinds of all kinds of applications you can take on it.
This is basically like if this happens, you are a citizen and Trump.
The administration is arguing if this happens, you are not a citizen.
Like what is the what is the the legal argument someone could muster as bullshit and fake
as it would be that would say that birthright citizenship is not a lot.
They could be curtailed or stopped by it by an administration.
Yes.
So having ventured into the dark recesses of right wing legal circles, I can offer you
at least two.
One would be to say that there is a recognized exception for birthright citizens.
That birthright citizenship does not extend to the children of invading armies.
You know, if, for example, Canada decided to invade the United States and, you know,
officers who participated in that invasion had children born in the United States while
they did so, then those children would not be citizens of the United States.
And some on the right have argued that unauthorized immigration is the equivalent of an invasion
of the United States.
Throwing on great replacement theory and other white nationalist tropes.
And so one possible legal theory is the justices could equate unlawful, unauthorized immigration
with an invasion and say children who were born to individuals without legal status in
the United States are the equivalent of the children of invading armies.
That's one possibility.
Another possibility is the court basically reads the exceptions to be the rule.
So the phrase, as we were talking about in the 14th Amendment, is all person.
And I think it's important to note that in the 14th Amendment, all persons born and naturalized
in the United States and subject to the jurisdiction thereof are citizens.
And part of that exception recognizes that children of foreign diplomats, for example,
they are not born as United States citizens, just like children of invading armies aren't
United States citizens.
And so part of the federal government's argument is to basically take those quite
narrow exceptions and generalize them into a rule that basically swallows the rule of
birthright that says, well, individuals whose parents don't have an allegiance to the United
States, their children can't be citizens.
And so those are two possible avenues.
Both are ridiculous and I think rest on underlying racist tropes about who is sufficiently
American that birthright citizenship was intended to rebut.
That's exactly what Dred Scott versus Sanford did when it concluded that individuals who
were descendants of enslaved persons couldn't be citizens because they too weren't American
enough and didn't have allegiance to the United States, et cetera, et cetera.
But I think that those are two of the theories that are on hand.
That's very dark and very disturbing.
And thank you for visiting the dark side to share that with us.
I think it's also notable that maybe this decision will come out right about the time
the United States World Cup team is playing in the knockout round where the leading scorer
of the World Cup team is someone who has their citizenship through birthright citizenship.
Just just just a fact for that.
Now, obviously, if they were to rule this, just I know we're in a dark hypothetical place
here.
It wouldn't be they couldn't make would they make it retroactive or like.
So this is part of the uncertainty.
You know, the administration developed guidance about how they would implement the birthright
order, but courts blocked that before the order would take effect.
So we don't know whether the Supreme Court would say those injunctions vacated individual
who were born in the United States after this executive order was promulgated.
They are not citizens.
We don't know whether the court would say, no, this just applies prospectively now that
we have said it can be enforced.
It's all TBD, this new lawless, very uncertain era.
It's all up for grabs.
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So looking at the other cases that are out there,
and there's also some pretty big ones.
So there is one.
There is one involving a ban on trans participation in youth sports.
There is one about whether the president was able to fire Lisa Cook from the Fed board.
And then there are two election cases.
Am I missing any other big ones out there?
Are those the ones?
Those are the ones that I would say are the big ones.
Well, so when you said Lisa Cook, it's not just a case about Lisa Cook.
There's also a case about whether Trump can fire the head of the Federal Trade Commission
and all other.
Are these cases?
Are those cases joint or are they two separate cases?
They're not joint.
They're two separate cases.
OK.
Can you maybe explain those two cases for us?
Sure.
Yeah.
So one case involves whether Donald Trump can fire a commissioner of the Federal Trade
Commission and all other independent agencies that are led by these independent multi-member
commissions, like the Securities and Exchange Commission or the Equal Employment Opportunity
Commission or you name it, National Labor Relations Board, et cetera.
The Federal Reserve?
Or is that separate?
Well, the Federal Reserve is that separate case because what happened is earlier in the
Trump administration, Trump fired a bunch of these heads of multi-member commissions,
even though the Supreme Court has a case that's nearly a century's old that says Congress
can limit the president's ability to fire the heads of these multi-member commissions,
specifically the Federal Trade Commission.
So Donald Trump fired people in violation of these laws and the Supreme Court said, actually,
we'll let him do that while the litigation is ongoing because we, Supreme Court, have
decided to adopt this great new rule.
It's called the Unitary Executive Theory, and it means the president gets to have near
plenary power to fire people who exercise significant executive power.
But then they added a sentence, accept the Federal Reserve Board, because that has a
distinct historical tradition in the tradition of the Bank of the United States.
That bespoke Fed exception, of course, illustrated.
That their new unitary executive rule was catastrophic immediately once it would be
unleashed onto the world because it would give the president the power to effectively
blow up the United States and global economy.
But that didn't give them pause.
Instead, they just created that bespoke exception.
And so what did Donald Trump do?
He went ahead and tried to fire a governor of the Federal Reserve Board because, you
know, when you give a fascist a cookie, what happens, right?
They try to take another cookie.
So then the Supreme Court ended up with these pair of cases.
And one set of cases.
And the Supreme Court asks, is it constitutional for Congress to attempt to limit the president's
ability to fire the heads of these multi-member commissions?
That's a hugely important case, because if the court hands the president that power,
they will be giving him the power to control these agencies that exercise such sweeping
powers over our lives, over government contracts, over whether corporations have to comply with
the law.
You know, Federal Trade Commission, for example, they police Amazon.
You know, they police.
If you tell the president, you can fire people who don't enforce antitrust law the way you
want them to, that's allowing him to give murders to his friends and penalize his enemies.
So that case is super consequential.
But they also have that case about Lisa Cook.
And that case asks, well, given that this statute does limit the president's ability
to fire Lisa Cook, did the president comply with those limitations?
So I don't want the Cook case to kind of be a problem.
I want the Cook case to kind of obscure the significance of the other case, which will
affect every other independent agency.
Let me ask a question on the independent agency case.
Now, the president gets to appoint the heads of all of these jobs, right?
And they are approved by the Senate.
And the reason the president can't just fire them like he could fire his secretary of
Homeland Security or whatever else is because the way the law was written says they can
only fire them for cause.
Exactly.
Is that what it is?
Yep.
Because Congress decided these agencies would just run better if they were somewhat insulated
from politics and relied more on expertise.
And then the question before the court is whether the president's inherent executive
authority override that, whether the Congress does not have the constitutional authority
to hem in that specific executive authority, right?
Exactly.
Whether the Constitution entitles the president to say you're fired, no matter what Congress
says.
Okay.
And then the possible exception of the Fed because of its unique tradition.
Okay.
Because the justices have stock portfolios.
Yes.
Exactly.
They're all quite wealthy.
Yeah.
And Clarence Thomas has several very close friends who need that money to send him on
vacation and elsewhere.
Private jet fuel.
Don't pay for itself, Dan.
Okay.
All right.
Let's get to the transports case.
This one, if I remember correctly from the oral arguments earlier this year, seemed quite
dire in what we thought the court would read, but maybe talk about that case and if there's
any, you see any hope here.
Yeah.
So this case is about whether state laws that effectively ban transgender athletes from
participating.
in sports violate either Title IX, which prohibits discrimination on the basis of
sex in educational programs or educational institutions, and also whether these state
laws violate the federal constitutions guarantee of equal protection. The oral argument in the
cases was awful. The lawyer for the federal government, who of course was arguing in
support of these state law bans and against trans athletes, said one of the more grotesque
things I think that has ever been said at the Supreme Court lectern when he referred to trans
athletes as males who take performance-enhancing drugs. And I just don't think there's any
question that the six Republican appointees are going to say these state laws are consistent with
Title IX. The only lingering question is whether they're also going to say
these state laws are consistent with Title IX.
state laws are constitutional, or whether they will instead send the case back to the lower court
to decide that constitutional question, perhaps with some additional fact-finding. I honestly
think that is the best we can hope for at this point. And the other thing to watch for is whether
you get separate writings that say not only does Title IX permit states to ban trans athletes from
participating in sports, potentially it requires states and schools to ban trans athletes from
participating in sports. So that's kind of the spectrum of possibilities. It's very bleak. Yeah.
So we have two sort of major things that I guess go beyond sports participation, right? One is
suggesting that Title IX would require some measure of discrimination against trans people,
whether that could be in anything involving education, right? Funding, scholarships,
across the board, right? So that's a big question. And I think that's a big question.
That's one. That seems quite bad. And then even worse, I would imagine, is making some case that,
I mean, am I overreading this, that the net result of an equal protection finding here would be that
trans people have no equal protection rights? That being trans would not guarantee equal
protection rights in the way that being Black or a woman or of a certain religious group?
Yeah. The danger is the Supreme Court says laws that discriminate against trans people
do not trigger.
Any kind of meaningful judicial scrutiny. So courts should just defer to governments that
discriminate on the basis of gender identity and give those laws a pass. Given the extent to which
states and the federal government have been trying to erase trans people and strip trans people of
their rights, that would be a really concerning development because it would make challenging
all of those laws or policies that are anti-trans,
in court.
Could Congress then, in a different world, with a different Congress and a different president,
do something to address that by passing laws that would guarantee, like either amending Title IX or,
like, what would a Congress do that would solve that problem?
Potentially, yes. So Congress could enact a statute. Maybe the statute itself just prohibited
discrimination on the basis of gender identity, no matter the context, in school and elsewhere.
Maybe Congress,
creates a spending program that says, look, if you receive any federal funds, you have to promise not
to discriminate on the basis of gender identity. Those are two possibilities. And yet, I am left
with, but the Supreme Court. I cannot rule out the possibility that this court would invalidate
those laws, maybe saying, well, they exceed Congress's powers. Maybe the court would say,
well, those laws actually discriminate on the basis of sex in violation of the federal
constitution. You know, maybe the court would say they had another spending clause decision. This is
one of the other awful decisions from this week, where they basically said spending programs can't
be enforced against the state officials who are carrying them out. So maybe they would make
those spending conditions effectively toothless. But there are things Congress could do. But
basically, anything Congress could do that is good, requires a different Supreme Court.
Yeah, which is, that's true of all.
That is true of all.
All things, yes. Stipulated, agreed to, we have to deal with that.
Yeah.
The Supreme Court is also considering a Mississippi law that allows the five-day
grace period for mail-in ballots received after Election Day to be counted. This law is,
of course, being challenged by the RNC. And this has implications both for Mississippi and perhaps
more broadly, like in California now, where Spencer Pratt, who is a MAGA favorite, his
chance spot in the runoff went away as more votes came in. And so talk a little bit about this case.
If it has broader implications for this grace period for mail-in balloting, which is Trump
is trying to, wrote an executive order to try to stop the Postal Service from delivering mail-in
ballots, although that was stopped by federal courts. Just talk a little bit about what's going
on there.
Yeah. So the challenge here, the Republican National Committee says this federal law
that creates Election Day as this first Tuesday in November, that prohibits states from counting
ballots that are received after Election Day, even if they were postmarked on or by
election day.
If the Supreme Court adopts that theory, that would nullify or change how votes are counted
in 29 some states. And of course, we are a few months away from the midterms. I think there's
a real concern that changing the rules of the election at this point would put state and local
election officials in a really tough spot because they have already begun to prepare to administer
the election in accordance with what their state rules are now and requiring them to all of a
certain extent, because the Supreme Court read Election Day to be this magical unicorn of a date
on which everything but only some things have to be completed by would be hugely destabilizing. I
also think it would create a lot of voter confusion and chaos that could potentially lead to voter
suppression and people not actually returning their ballots and whatnot. So I am very concerned
about that case, just because of its impact on the state. And I think it would create a lot of
potential destabilizing and sweeping implications. And also because of what it might invite next. If
the Supreme Court says states can't count ballots that are received after Election Day, why can
states count ballots that are received before Election Day? If Election Day is this magical
day that everything is supposed to happen by? Why can they count ballots after Election Day,
even if the ballots were received before Election Day? So part of what is so concerning about this
case is it could call into question so many established voters. And I think it would create
a lot of confusion about what is supposed to happen next. practices that we have just taken for granted, in addition to fucking with the midterms.
And the sea change here, potentially, is that the courts, to date, have given states,
because of the Constitution, wide latitude in how they conduct their elections. And many of the
cases that have been thrown out, even some Trump cases in 2020, are based on that principle that
the Constitution grants the states to do it. They have to do it in accordance with the Constitution.
But beyond that, you want to do your election
all by mail? You can do that. You want to count ones that arrive after Election Day,
but are postmarked before? You can do that. But that could open the door to other things
going forward here. Potentially. So even though states, of course, have the general authority to
run elections, Congress can establish rules regarding federal elections. Now, the president
can't. So all of his unhinged theories about what he can and can't do and what he does and doesn't
still wildly illegal, no matter what the Supreme Court says in this absentee ballot case.
But this federal law that just, again, creates an Election Day in no way displaces how states
have conducted elections for years. And so I think the challenge is what other challenges to other
state laws, you know, this theory would invite in addition to the position it would put state
and local election officials in the lead up to the midterm elections. And it probably is
worth noting that the people who will probably be most disenfranchised with this are military
members serving overseas, which are where a lot of the ballots come from that show up after Election
Day. That is indeed true. Indeed, the practice of, you know, voting outside of Election Day
partially originated during the Civil War to ensure that Union soldiers would not be
disenfranchised. There is always a possibility that the Republican appointees announced no
ballots can be counted after Election Day if they're, you know, received after Election Day,
or overseas uniformed officers. Now, that might not protect the families of people who are stationed
overseas and whatnot. And that would also create its own form of chaos. But who knows?
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Corrupting our democracy works best when we forget that we, the people, are in charge.
I'm Stacey Abrams, voting rights advocate and host of Assembly Required. In my podcast,
I'm talking with some of the sharpest minds in politics and in civic activism
to help us figure out how to fight authoritarianism and win. My podcast doesn't just
diagnose problems. We give actionable steps to help you feel a little more connected and a lot
more empowered to make change in your communities. So check out my podcast, Assembly Required.
New episodes drop every Tuesday on YouTube or wherever you get your podcasts.
This is LeVar Arrington from Two Pros,
and again, I'm Stacey Abrams, voting rights advocate and host of Assembly Required.
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So you can make smarter decisions that can help grow your business. The other case is actually one that has gotten very little attention, but it actually has
potentially dramatic impacts. In fact, some have said that this case, which involves how whether
parties can coordinate with candidates, would be the biggest campaign finance decision since
Citizens United, which is saying a lot because we've had cases like McCutcheon and others in
the middle here. Also, in the oral arguments here, it did not seem particularly encouraging. So
maybe you could try to explain this case to people and why they should care about it.
Yeah. So it sounds technical because it's a challenge.
It's a challenge to what's called a coordination limit, as you were saying, which is a political
party's ability to coordinate how they spend their money with a candidate. It effectively amounts to
a ban on political parties donating money to a candidate because if they coordinate, they're
effectively giving the money to the candidate to decide how it could be spent. And there's a concern
that if they don't coordinate, they're not going to be able to spend the money. So I think that's
really important. I think it's important. I think it's important that if you say,
well, contribution limits, actually, those might be unconstitutional. That is like the last
remaining vestige of campaign finance law, because even as the Supreme Court has opened up
these pathways for corporations, super PACs to spend an unlimited amount of their own money
doing their own advertising, they have not yet struck down limitations on billionaires and
other individuals. And so I think it's important to give money directly to candidates. And once you
start saying, actually, contribution limits, those are no good either, then that invites
individuals giving directly money to candidates. And I think that's one of the big concerns about
this case. Yeah, like in practical consideration, right? So there's two things. There's what this
case would mean right now and how elections are conducted today. And then there is the larger
question about whether contribution limits at all are now a violation of the Constitution.
Which leads to, instead of Elon Musk spending $132 million or whatever it was to,
in a series of outside groups to elect Donald Trump, he just gives Donald Trump $132 million.
Exactly. Cut out the middleman. Yes, that seems bad. But just like as you think about it now,
you can give about $7,000 to a candidate, half in the primary, half in the general,
as an individual, whether you are you or me or Elon Musk. That's the most we can give directly to
you. So you can give $132,900 to a candidate, half in the primary, half in the general, as an individual,
Roy Cooper, whoever else. You can give, an individual can give $132,900 to the DNC or the
RNC. And so now, instead of giving my $7,000, my little over $7,000 to Grant Platner, I just give
$132,000 to the DNC. And then they spend that on behalf of, this matters more in presidential
campaigns than it does anything else, because that's where it'd be spent directly. But it does
have big implications. And I think that's a big part of it. It does have big implications. And it just, once again, gives more power to rich people. This is
almost certainly going to, the court will approve this. This is in line with every other decision
they've made since John Roberts became the chief justice. And the Trump administration isn't even
defending the law here. They are on the other side of it, because it's the NRSC, the National
Republican Senatorial Committee, is the plaintiff in the case. So this one is, this is a big mess.
This is one for election nerds are paying a lot of attention to, and people who work
on elections, but they get some pretty big implications for what else is to come in our
politics. Yeah, completely. Because in the short term, it would just rapidly increase the amount
of money that rich individuals can give directly to candidates. But then in the longer term,
it potentially opens up a pathway for no limits at all. There is a small outside chance that the
court says there's no actual controversy here and the case is moot and they don't decide it. But
that is the best scenario. I mean, look, I mean, this Supreme Court, there's always hope, right?
Yeah. Yeah. Give them that. One thing they've earned is the benefit of the doubt.
Benefit of the doubt. Yeah. All right. Before we go, I want to hit on Roe v. Wade. This past week
was the four-year anniversary of the Dobbs decision, which overturned the Roe v. Wade
decision. The legacy of that decision continues to live in our lives, in our politics, everywhere.
It is coming up in this main Senate race, where Susan Collins is running against Grant Piner.
And she got asked about it on Fox News. I wanted to play the clip.
And get your reaction to it.
You held up for quite some time on your vote of support for now Justice Kavanaugh. Is this an
issue that you think is troublesome for you in this race now that Roe v. Wade was overturned
in Maine, across the country? Well, first of all, let me make clear that I disagreed
with the Supreme Court's six to three decision overturning Roe v. Wade. But the fact is that
whether Justice Kavanaugh were confirmed or not, Roe v. Wade would have been overturned given the six
to three vote. Not true, Sam Alito says. Could you maybe explain where Susan Collins has her
facts wrong on this one? Where to start? There's so much to potentially say about this. I am going
to step out of the way and let you go. Okay. We'll start with the factual inaccuracies. Had Justice
Kavanaugh not been confirmed, there were not five to six votes. So, I'm going to start with the factual
inaccuracies. There were not five votes to overrule Roe v. Wade. Chief Justice Roberts did
not vote to overrule Roe v. Wade. He instead voted to change the legal test in a way that would have
expanded states' ability to restrict abortion more so than they could have done before the decision,
but not to the point of overruling Roe v. Wade. So, that's just factually inaccurate. There were
just five justices who voted to overrule Roe. And just to be clear, she confirmed the fifth
justice. And she confirmed Brett Kavanaugh, exactly, who was one of those justices.
Those five. So, facts, not so great. Second, I absolutely just despise this framing of I disagree
with the court's decision. I don't regret my vote. Because it just makes me wonder, what great
things has Brett Kavanaugh done that make the loss of women's lives, their fertility, their health
worth it? How many women have to lose their lives for you to conclude that actually maybe you do
your vote? So, that is just horrifying. And then there's this sense that maybe she, you know,
made this decision, but it didn't really affect Mainers, which is also wrong. Because, you know,
people who live in Maine, which still has abortion access, might travel. And sometimes
people experience medical emergencies that might require medical care, including abortion care.
And if you're traveling in a state where after Roe, abortion is banned, you are potentially
in a circumstance where you could not receive medical care. Add to that the fact that the
medication abortion rulings potentially jeopardize access to medication abortion,
even in states like Maine that want to protect abortion. And I just think she is really papering
over so many of the horrific consequences that her vote to confirm the fifth vote to overrule Roe
have had. And it just, one of the more tragic things about the 2024 presidential election is,
I think people came away from it thinking, well, actually, the Republican Party isn't going to bear
any consequences for overruling Roe. And the public has just decided not to force them to
pay a price for, again, the loss of lives, health, fertility, more that we have seen in the wake of
Roe being overruled. And I hope that is not the case. I hope that in 2026, you know,
people who enable this post-Roe landscape are held accountable.
But it is just very,
very depressing um i think anytime i think about the fact that people just decided to give a bunch
of politicians a pass for what they have unleashed on people in this country so let me can i give the
uh counterpoint to that yeah let's do it because i just i talked about some polar coaster uh this
past week uh because of the anniversary of dobbs and what is really interesting about the polling
on this is abortion was a very divisive issue in this country up until the moment of dobbs
yeah and the number of americans who who consider themselves pro-choice it reached an all-time high
right after dobbs and four years later has stayed the same it has not gone down as obviously in that
immediate aftermath in in that election year 2022 as these republic states are rushing to pass their
bills abortion was the number one issue in politics it was discussed everywhere people
were dealing with it was just a topic of conversation as it's dropped in salience it
has not changed
the politics of which i think is very very positive um and creates the path for accountability
for these people and there are opportunities in 2026 to hold these people accountable you have
susan collins yes you have ken paxton you have a an array of officials in um in ohio right in a
whole bunch of other states that passed some of the most the cruelest and most retrograde uh
reproductive rights laws in this country can all pay the price everyone should go to votesafeamerica.com
to figure out how to do that but i really do believe donald trump was this unicorn figure
because even though he is the person other than susan collins most responsible for
roe being overturned no one actually believed that he truly was anti-choice like i remember
in focus groups people would say people if you asked in a focus group if donald trump was
anti-abortion or anti-choice they would laugh and would say he uh that he doesn't probably
he believes in nothing yeah and he'd probably be like i mean here's the thing i don't know if he's
a disgusting cat he's from manhattan he probably like obviously he doesn't care about abortion
that is not true of the rest of this republic certainly not true of ken paxton uh who is a
principal architect of that law and the enforcement of that law and so there are
opportunities to hold people accountable here and like this is i do believe that dobbs was a
it did not bear it did not bear fruit in 2024 because of a
right and i think that's a good thing i think that's a good thing i think that's a good thing
long list of unique circumstances that bedeviled that election that we don't have to get into
but was a fundamental signature moment that changed politics in this country in ways that
will ensure those people are held accountable and more and more states will elect the right people
to put in place laws and maybe one day we'll have a supreme court that can undo the damage that was
done there i very much hope you are correct um and i just worry that i have rarely gone wrong in um
estimating the amount of misogyny that americans will tolerate in their politics and again i very
much hope you are right may it be the case um and and we have that we have the ability to impact
that ourselves yes right now everyone exactly to impact that in many different ways yes whether
that is like calling your officials to remind them that actually you do care about abortion
access and reproductive rights are your senators confirming nominees giving blue slips to nominees
right who you don't think will protect reproductive freedom for instance yes you know not naming names
but um someone who is on the ballot in 2028 will face the primary challenge yes yes um or again
electing officials helping to get out the vote to help elect officials you know who will protect
reproductive freedom you know and to vote against people who didn't um all of those are ways to make
this happen um and i think we kind of need to make reproductive freedom a salient issue
i think as part of protecting democracy um like you can't really separate these two things
um so yeah fingers see that seems what was perhaps not the most optimistic and hopeful pod that we've
done in pod save america for the last many years uh although quite insightful interesting and
entertaining i would say um maybe we can end on that positive ish note leah lidman thanks so much
for joining us and everyone check out strict scrutiny you guys have another podcast out this
week on monday was talking some decisions and then maybe more depending on what we hear from
the rest of the court is that right
that is all correct uh new episode on monday and then likely additional episodes whenever
the supreme court does fuck knows what yeah leah thank you so much thanks thanks to leah for
stopping by john john and tommy will be back in your feed with a new episode on tuesday bye everyone
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Podcast Summary
Key Points:
Xero is an all-in-one financial platform that unifies accounting, payroll, and analytics for small businesses, offering clear dashboards and AI-powered insights.
Kewpie mayo is a rich, egg-yolk-based Japanese mayonnaise with a distinct umami flavor, widely used in cooking and celebrated for its bold taste.
The Supreme Court’s recent rulings on immigration, including TPS and asylum, enable mass deportations and create dangerous loopholes that undermine immigrant protections.
The Court’s decisions reflect a pattern of enabling xenophobic policies, such as refusing asylum for those who arrive at the border and stripping protections from vulnerable groups.
The Court has shown a troubling disregard for constitutional rights, allowing corporations and governments to evade accountability while protecting white nationalist and anti-immigrant agendas.
Birthright citizenship remains under threat, with potential legal arguments rooted in racist tropes about national allegiance and ancestry.
The Supreme Court’s political leanings are increasingly shaping policies that favor executive power over legislative checks, especially in areas like agency firings and campaign finance.
Key cases involving sports participation, voting rights, and campaign finance reveal a judiciary that risks normalizing discrimination and undermining democratic processes.
Summary:
The transcript covers a range of topics from business tools like Xero and food culture such as Kewpie mayo to critical legal and political issues. Xero is presented as a user-friendly financial platform that simplifies business management through integrated tools and visual analytics. Kewpie mayo is highlighted as a flavorful, egg-yolk-based Japanese condiment that has gained popularity in culinary circles.
A central theme revolves around the Supreme Court’s controversial immigration rulings—specifically those dismantling Temporary Protected Status (TPS) and limiting asylum access—highlighting a troubling pattern of enabling xenophobia and mass deportations. These decisions, especially the asylum case, create loopholes that allow border officials to block entry and punish people attempting to seek safety legally. The rulings are criticized for their lack of necessity and for reinforcing racist narratives, such as equating unauthorized immigration with invasion.
The Court's broader judicial behavior is seen as politically aligned with MAGA policies, undermining constitutional rights, including birthright citizenship and campaign finance limits. Several cases—including those on trans athletes, voting laws, and political coordination—signal a judiciary that may normalize discrimination and weaken democratic safeguards. These decisions collectively raise deep concerns about the Court’s neutrality and its impact on civil liberties, particularly for marginalized communities.
The text concludes with a warning that such trends could erode trust in judicial institutions and empower authoritarian practices in American governance.
FAQs
Xero is a financial management platform that consolidates accounting, payroll, and analytics into one place. It provides clear visual dashboards to track cash flow, helping business owners make informed decisions to grow their business.
Kewpie mayo is made exclusively with egg yolks, giving it a rich, umami flavor that enhances foods like burgers, fries, and sandwiches. It's known for its distinct taste and is the original Japanese mayonnaise with a red-capped bottle.
Temporary Protected Status provides legal protection to individuals from countries affected by disasters. The Trump administration has attempted to end TPS for people from Haiti, Venezuela, Syria, and others, risking deportation for hundreds of thousands of residents.
The decision allows immigration officials to deny asylum to people stopped outside the U.S. borders, creating a loophole that discourages lawful border crossings and may lead people to risk dangerous journeys through trafficking networks.
The case challenges an executive order that would deny citizenship to people born in the U.S. The decision could impact constitutional rights, with concerns that it may be used to justify discriminatory policies based on racial or ethnic identity.
No. A recent Supreme Court ruling limits individual lawsuits against pesticide manufacturers, stating that only the EPA can determine what information goes on product labels, blocking claims about insufficient warnings.
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