The episode highlights a deteriorating geopolitical situation as the Iran conflict reignites, with Iran launching attacks on vessels in the Strait of Hormuz despite U.S. claims of a peaceful resolution. Trump’s foreign policy is criticized as a mix of propaganda and ineffective action, with no real progress in de-escalation. Rising fuel prices, driven by supply issues and global instability, are causing severe economic strain, affecting transportation and consumer costs. Spirit Airlines’ collapse is presented as a symptom of broader economic pressures, not solely tied to political blame. Meanwhile, redistricting efforts in key states like Louisiana and Virginia may shift political power, though legal challenges remain uncertain. A major concern is the potential for Republican efforts to sway Senator John Fetterman to defect, threatening Democratic Senate control. The DNC faces significant internal criticism over its handling of the 2024 autopsy report, with accusations of covering up information and lacking transparency. In a commercial break, SimpliSafe is promoted as a secure, easy-to-install, no-contract home security system with 24/7 monitoring, offering a reliable alternative to traditional systems. The episode concludes with a broader call for accountability and transparency in both foreign policy and political institutions.
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Welcome to Pod Save America.
I'm Jon Favreau.
I'm Jon Lovett.
I'm Tommy Vitor.
On today's show, we'll talk about how the Iran war has reignited
as gas prices reach record highs,
all while Trump's approval continues to crater
with just six months left until the midterms.
But could Democrats blow it?
Of course we could.
We'll talk about all the reasons why,
including redistricting hiccups,
Republicans wooing John Fetterman,
and Ken Martin,
crushing it at the DNC.
Then I talk with Strict Scrutiny's Melissa Murray
about the appeals court ruling on Mifit-Pristone,
new threats to safe and legal abortion,
and Melissa's new book explaining the Constitution
for you, the modern reader.
Thank you.
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All right.
The ceasefire in the Iran war
has basically collapsed
and oil prices are spiking again
after Trump rejected Iran's latest offer
to deal with the Strait of Hormuz
before tackling the nuclear issue.
The president then announced Project Freedom,
his expertly crafted plan
to have the U.S. military,
quote,
guide commercial shipping,
ships through the Strait of Hormuz,
which almost immediately ran into
the minor issue of Iran
launching missiles and drones
at said ships from small boats,
despite Trump repeatedly assuring us
that Iran's military capabilities
have been destroyed.
Iran also resumed attacks
on the UAE and Oman.
The U.S. sank Iranian boats on the Strait
and Marathi officials said
they're expecting imminent U.S.
and or Israeli attacks
on the Iranian mainland.
And off we go.
Trump, who continues to tell us
that he holds all the cards,
addressed the latest flareup
at a White House event on Monday.
Our country's booming now,
despite the fact that we're in a,
I call it a mini war.
Can't let Iran have a nuclear weapon.
We hit all new highs.
And I said,
we have to take care of business
because we can't let that happen.
So we did a little detour
and it's working out very nicely.
Everybody was wrong.
They thought that energy
would be at $300, right?
$300 a barrel.
And it's like at a hundred.
They give me fake polls.
They tell me,
about polls and this.
You know, it's interesting.
They did a poll on the war with Iran
and they said only 32%
of the people like it.
Well, I don't like it
and I don't like war at all.
They said 32% of the people
are against President Trump.
Well, when you explain it,
like, is it okay for Iran
to have a nuclear weapon?
It wouldn't be 32%.
But even if you said that,
there'd be a 32%
because the polls are fake.
We watched that in our office
and it went up.
It went on like that
for about five hours, I think.
It was a drone.
It was an intermittent,
speaking of drone attacks,
I mean, it was just like
an unbelievable monotone
taking us through in and out,
weaving back and forth
between Iran and the economy.
It's the weave, love it.
I know, I said it
and I regret it.
But the guy from Pawn Stars
briefly showed up
and he was gone.
We were back to the spiel.
It's weird.
So Trump keeps telling us
he's holding all the cards.
What kind of a card game
do you think he thinks he's playing?
Not a winning one.
Yeah, so this plan,
it's not the Navy ships
are physically escorting
other ships
to the Strait of Hormuz.
Guiding you sounds like
we'll give you directions
and wish you luck.
Like, right?
Based on what happened today.
Because they're calling it
a coordination effort
to guide ships
with real-time information,
safety guidance,
and coordination.
So like, I don't know,
GPS?
What is this?
So, but as we saw today,
Iran is very willing
to take shots at these vessels.
They're willing to take shots
at other targets in the region.
The Pentagon can't guarantee
that the Strait of Hormuz
is in mind.
So it seems like,
once again,
more of a PR effort.
They roll out over the weekend
ahead of markets on Monday.
But it didn't work this time
because the price of gasoline
shot up again.
The average price
is at $4.50 per gallon
now in the U.S.
But you've seen analysts say
like there could be a break
at some point pretty soon
in the global economy
and get us to $7 or $8 a gallon.
So we just seem stuck here.
There's a lot of troops
stuck in the Gulf
trying to figure out
what's next.
Iran is not going to backtrack.
The bet seems to be
that we can create
enough pain for Iran
that they buckle
and they capitulate.
I still think that's
a flawed strategy
because the IRGC
doesn't give a shit
about their own people
and they have all the guns.
But yeah, in 10 days
Trump's supposed to go to China
which is by far
the most important meeting
of his entire second term so far.
And now this is dominating
the whole agenda
not the trade deal
or anything else
he wanted to get done.
It seems like we're now
begging China
to help put pressure on Iran
to open the strait
which is exactly
where you want to be.
Love it.
He said also today
in that event
that we just saw
we're in
well he's like
what is this?
We're only in like
the sixth week
and it is the tenth week
of war right now.
Yeah, well time flies
when you're
trapped in a conflict
you thought would last
a few days
because you have advisors
who like to drink
in the morning.
Allegedly.
The Strait of Hormuz
was open.
There was a question
around Iran's nuclear program.
Now the Strait of Hormuz
is closed
and there's a question
about Iran's nuclear program.
I don't know what kind of
card game you're playing
where whatever number
of cards you're holding
the situation keeps getting
worse and worse
all around you.
I don't think it is.
I don't even know
if he has a couple of twos.
I don't know if he has a couple of twos.
Right, yeah.
And I also like,
you know,
he's holding all the cards
but he's playing Uno.
The point of Uno
is to have no cards.
The goal is no cards.
They literally tweeted that out.
The more cards you have
the worse you're doing.
Also, if you're holding
a bunch of wild Uno cards
the game's over, my friend.
You've won.
You've won the game of Uno.
Play those cards.
Yeah, he's calling
the blockade
the greatest military maneuver
or one of the greatest
maneuvers in history.
Then he sent a letter
on Friday
saying that we're actually
no longer in any kind
of a conflict
so don't worry about that.
It's all
resolved because
we're saying that
we haven't fired on each other
in a while
but they're still
sinking ships.
He's saying if you attack
our ships
then we will then
destroy you
but then Iran
has to go around
and then fire
at the ships
that are in the Strait
because they can't
legitimize that threat
because they have to prove
that that threat
is empty
and we just keep doing this
over and over
and over again.
And also,
again,
so people know
the Strait isn't like
green light, go,
red light, stop.
It like,
this requires confidence
among the different
commercial vessels
that are going
through the Strait
before they actually
go through the Strait.
So Trump just
shitposting
or telling everyone
that like everything's fine
and we're guiding ships
and this and that.
Like,
what do you think happens
when there's a few more
explosions and boats,
even if we're knocking down
some of the drones
and we're,
you know,
apparently we sunk
six boats today,
small boats,
we're doing this.
Even if we do some of that,
what do you think
that's going to do
to the confidence
of these ships
and the companies
that own the ships
going through
through the strait, they're still not gonna do it.
- These are hundreds of millions of dollars of oil
and a tanker like the scariest thing imaginable having a an rpg shot at your giant tanker full
of oil yeah i mean there's no way these insurance companies are going to cover it where the captains
are going to go through and also yeah pete haggis at last week was trying to claim that they were
no longer in hostilities so the war powers act didn't apply well so much for that argument pal
yeah also i just i i feel as though the iranians are a bit like squirrels like i don't think they
know where the mines are at this point so it's like they have no idea like you know you're you
work on a on a commercial vessel you're not in the military you took a job it had trade-offs one
of the trade-offs wasn't i'm gonna get blown up in the fucking straight over moves it's like i do
this for money i'm not i'm not in the oil business for the love of the game right again these ships
have to be insured and who's going to give insurance on these ships um it also doesn't
seem like the iranians are taking trump's threat that they will be quote blown off the face of the
earth very seriously uh if they target u.s ships right now no i mean i obviously they'd probably
prefer not to get bombed who wouldn't but you know i suspect most of the iranians
leaders feel like they took the hardest punch that the u.s and israel could deliver and that
they are still standing and that the world sees that and that they survived it and so the experts
i've talked to they're not really sure what targets trump could hit now i guess we could
go back to like the war crime bucket hit all the power plants hit all the bridges maybe we talk
about a tactical nuclear weapon but that's just going to lead to mass civilian death and suffering
and make the reconstruction harder i don't think it's going to material change the thinking of the
irgc because again they have the weapons they're in control and it's like existential
and
they're willing to send i mean it is just despicable what they're all like what they
are doing is despicable closing the strait of hormuz they are sending people on small ships
to their deaths for the purposes of like extracting economic pain from other countries like that is
what they are doing right now yeah uh and it's of course causing all kinds of havoc here at home
as you mentioned tommy as you all saw over the weekend spirit airlines formally ceased operations
on saturday and i mean that is a sort of a fancier term for just it just shut down just
no longer
there nobody at the counter not like we're not selling tickets anymore like thousands of flyers
stranded everyone with a future spirit ticket screwed um they said in a court filing on monday
that quote recent geopolitical events resulted in a massive and sustained increase in fuel prices
uh driving isn't much better average prices are now 4.45 a gallon above six dollars in many places
highest level since the pandemic all-time record high here in california and washington state and
then experts are saying we could hit a national average of five to ten million dollars a gallon
by memorial day um i know some of you crass political types are trying to link these things
to the new forever war that trump started uh but here's uh transportation secretary sean duffy and
treasury secretary scott besant uh trying to explain just how wrong you all are and to be
really clear yeah fuel prices have gone up this story was not written because of the iran war
uh this story was written years ago because of what elizabeth warren joe biden people to judge
and the doj under biden what they did to prevent
the merger from happening what do they want a nuclear iran in the democrat world the alternative
is to have a nuclear iran i recognize that prices have come up but they will start to go down go down
immediately once the straight uh issues are resolved we are cognizant that the that this
short-term blip up in prices uh is affecting the american people but i am also confident on the
other side of this prices are going to come down very quickly i think the iranians are starting to
believe their own propaganda
good button on that one i just love the argument now that they've reached which is like yes yes
prices are high now but just think of what will happen when the war is over
it's very it's it's amazing like the parallels to how like when trump's up there saying like
my foreign policy is not popular but actually if it was described properly people would be
more receptive to it like he's doing biden and then his people are out there going actually
these are longer term causes of inflation it's not because of this and it's not because of that
and it's going to be okay uh like the
the the ways in which they're out there trying to kind of spin this just it's very it's just
amazing how much it sounds like uh the way biden was spinning this i also think for so long um there
has been this this thought that like well you know it seems bad and people are saying it's going to
be bad but you know the the prices of oil kind of gone up and down and then they had come down
recently and maybe it's going to be fine but of course it seems like right now it's all catching
up and it's not just the hostilities in the gulf that have reignited on monday it's just like the
finally the supply issues for oil and and not enough oil going through the straight for the
last 10 weeks um is finally hitting oil prices and gas prices here especially uh really hard i mean
the price of jet fuel has nearly doubled in the last two months uh the ft reported that global
airlines have cut two million seats from their may schedules in the past two weeks so you get
planes increasing prices the airlines are increasing prices and the airlines are increasing prices and
they're downsizing aircraft to be more efficient the routes are all screwed up and so i said delta
cut 3.5 percent of its flights to save fuel lufthansa cut 20 000 flights between may and
october so like i don't know i'm no expert on like airline mergers i know they're all blaming
biden for blocking this merger but even if you blame biden for blocking the merger spirit had
gone into bankruptcy twice and they asked the trump administration for a 500 million dollar
bailout which they were denied could have done that also you see that trump initially tried to
blame it on obama and said obama blocked a merger
with another airline that actually went out of business in 1987 yeah yeah so that was the smoke
on the planes too that one didn't quite fly so spirit airline sucks like not my favorite to fly
but having them in markets was a really good thing because it pulled prices down and there's a study
that showed that that markets with spirit or discount airlines in them have 21 percent lower
fares as compared to markets without them so this sucks for all of us so there were two mergers on
the table one was with frontier which is another ultra low-cost carrier and there was jet blue
uh jet blue offered more money the ceo of spirit at the time said uh we shouldn't do the jet blue
one because it's not going to get approved and it wasn't going to approve because it was clear that
if jet blue were to acquire spirit all those ultra low-cost routes would go away which would
eliminate something but look uh monopoly law antitrust law has been really um uh like neutered
uh but one of the ways it was neutered was to say it had to you had to show what the effect would be
for consumers specifically and there's all kinds of other effects that haven't been seen as important
said this would cause costs to rise for consumers their own plans were basically to stop to make
spirit part of jet blue if frontier and spirit and spirit had merged you'd have one bigger
ultra low-cost carrier and there'd be problems with that but you would still have the competition
that tommy's talking about the the act like the ceo was aware of these regulatory problems the
judge who did it was a reagan appointee this was just a clear-cut case where the judge came in and
said uh the law is the law and this would hurt consumers and there was a famous quote if you
remember from the time which is like something i'm i'm i don't have in front had in front of me i
lost it but it was something the effect of spirit may not be everyone's cup of tea but it has
customers who love it and i don't know who those insane people are uh but uh uh it served a purpose
and so when it didn't get approved oh one other point about this is spirit could have said hey if
you don't approve of this merger we're going to go out of business and in fact there's there's a
provision in antitrust law this is called the failing firm defense and they could have said
ceo said the opposite testified the opposite that we have turned around and things are going well
in spirit now and so didn't invoke the failing firm defense when they could have so this whole
this argument now made by republicans and the fucking tech finance douches on twitter um that
like this was all elizabeth warren's fault and p booted judge and and the biden doj that if only
jet blue had been able to buy spirit then they could have turned around this failing company
and blah blah blah like that's not what the ceo was saying at the time
under oath and by the way look maybe if the shareholders had not had dollar signs in their
eyes and decided to merge with frontier instead of jet blue would have been a bigger airline that
could have survived this like stepping back you know one way to prevent airlines from going out
of business is just to have one giant one one giant airline that you allowed all these guys
to consolidate into bigger companies can weather financial difficulties more than others not saying
that like a market with competition is not without trade-offs right like there are all kinds of
examples of of of bigger companies are able to kind of weather
financial difficulties more than smaller ones the purpose of having antitrust law is you weigh
the cost and the benefits on behalf of consumers in a market that's competitive and by the way there
is more turnover and more abilities for some companies rise and some fault that's the nature
of having a free market economy in which you protect against monopoly but in this specific
case it just doesn't apply because uh the judge who did it was a republican and and the deck was
stacked against it from the beginning the other thing you don't see people pointing out is that
like jet blue is also hurting and they've lost money now they've lost a lot of money
for the last six years in a row they've cut routes um there's a real argument that the merger could
have led to two failed airlines instead of just one jet blue would have taken on three plus billion
dollars in debt if they merge with spirit they're having trouble right now like we don't know what
would happen but like it's not like it was a clear-cut case where jet blue buying spirit and
taking on three billion dollars in debt is it's now cutting roots and losing money is like a big
win for jet blue either yeah all their costs went up i mean it's just like what's a dumb thing we're
talking about yeah
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So all this comes as we are now officially six months out from Election Day,
and the political environment just keeps getting worse for Trump and Republicans.
A bunch of new polling has Trump's approval down to the high or even mid-30s,
and is absolutely brutal on specific issues like inflation and Iran,
which Trump himself acknowledged, clearly he's been reading the polls, as we saw in that clip.
But on Monday, Politico's playbook reported on a few reasons that Republicans are still optimistic
that I thought could be a useful frame for us to discuss whether we're getting,
uh,
too high on our own supply of hopium here.
Uh, the first is the redistricting war,
uh, which we've been saying Republicans have basically lost,
but maybe not,
uh, after the Supreme Court's decision to further gut the Voting Rights Act last week in Calais.
Uh, a few Southern states are attempting to redraw their maps before the 2026 midterms,
even though it may require the legally dubious move of pushing back the dates of their primaries
or filing deadlines.
Uh, Ron DeSantis signed Florida's new proposed map into law on Monday,
though that will also face legal changes,
challenges. And even though Virginia Democrats won their redistricting referendum at the polls
the other week, people are a bit nervous that the Virginia State Supreme Court hasn't yet ruled
on whether it's constitutional. Where do you guys think the math stands at this point?
So if you look at the Cook Political Report, they basically have 192 seats that they marked
as solid Democrat, 11 seats likely Democrat, 14 lean Democrats. That's 217 seats that are
probably going to go to Democrats and 16 rated toss-ups. But 13 of those are held by Republicans
and three by Democrats. They're defending a lot more. That is good for us, but it's not great.
Like that's not mopping up. That's not an ass kicking. And then to your point, like the
redistricting fights complicate things. They'll probably net four seats from Florida. States that
might move before the midterms include Louisiana, Tennessee, Alabama, and South Carolina that would
all create more Republican seats.
There will be lawsuits that complicate all of this. As you said, Virginia is up in the air,
you know, longer term to 28. Some blue states could redistrict in ways that benefit us back. But
it just it feels closer than it should be with Trump at a 37 percent approval rating to me.
If you get the if you give the four seats from Florida, you get four seats potentially from this
redistricting and then you lose the four that you were going to gain in Virginia. That's a 12 seat
swing that you could potentially see. But nobody really knows. I don't know. I've seen like different
people are nervous.
But the Virginia redistricting just because there's been no ruling yet. But at the same time,
they've ruled against some of the other objections. So I'm not sure if it's just
Democrats are nervous or if there's a legitimate chance it gets thrown out.
So I'll go through the likelihood of sort of some of the recent developments that we saw.
So Louisiana is like the most likely where we're going to where GOP will pick up some seats because
Louise it was the case was about Louisiana, the voting rights case. Right. And so the most likely
result there is the Republicans get one to two extra seats in Louisiana.
That is there'll be lawsuits there. But that is the most likely since it was directly impacted by the
Supreme Court. And the governor literally declared a state of emergency and delayed their primary,
which should be happening right now. And they've kind of kicked it to July 15th or until the
legislature moves faster. So, yes, that process is very much rolling motion. So, yeah, the only
thing that could stop that is lawsuit succeeding. But who knows? Right. Tennessee wants to get a
seat, wants to pick up a seat, the Tennessee Republicans. But they would basically be
eliminating all Democratic seats in a black district, majority black.
District that has existed for decades. And their challenge is they have a timing issue since the
candidate filing deadline has already passed in the primaries, August 6th. And because they're
dismantling the only black district that has existed for decades, it under the weird ruling
in the Voting Rights Act, you could still have a section two case there. And at the very least,
you could have litigation that would take a while to play out. So like Tennessee is not a sure thing.
But there's special legislative.
Session starts this week, it does. Yeah, the day this comes out. Yeah, they will also. So they will
have to change the primary date. They will also have to retroact. The reason that it's more of a
legal challenge there is they will have to retroactively change the candidate filing
deadline that has already passed, which Louisiana doesn't have that problem. Louisiana is just going
to move the whole primary. Louisiana has a problem with some people already voted. Right. Well, that
is that is. Yeah. So there's that. Alabama could get a seat is going to try to go for a seat. They
have a bigger problem, which is they need SCOTUS to act on a separate case first and revert to old
maps, not draw a new map. So the VRA thing was like, oh, if you're drawing new maps, whatever
this they would have to get then the Supreme Court to act immediately, lift an injunction and go back
to a 2023 map that the Supreme Court itself had already ruled was wrong, was wrong. So so they
have a bigger hill to climb. South Carolina, very, very hard. And it doesn't seem like the
appetite is there, but they're going to they're going to try. But I think the timing issues for
South Carolina are even worse. And in Georgia, Kemp has already ruled it out. So Georgia is
not going to go. So here's the Virginia problem. The worry there. I was I was looking I was looking
into this. So the Virginia State Supreme Court is not like it's not partisan like other courts
where it's not like elected directly. It's a point the legislature appoints the seats on the court
and they're for 12 year terms. So it actually has a slight concern, small C conservative lean right
now, which is why everyone's a little bit nervous about how they're going to rule. They did allow
the referendum to go forward in the first place. Right. But but the
the issues now is people are raising procedural issues in the legislature,
not necessarily the referendum itself. It was procedural issues to like there's some
people are a little worried now because they're not it's not like a liberal court.
If it was and it's not a very conservative court like Florida, everyone thinks even though this
could be a blatant violation of the Florida Constitution, the Florida court is right wing
enough that like Florida is going to just say sure and give Ron DeSantis his four seats. If it was
like New York or California, we would probably the referendum would be fine. But because of the weird
makeup of the Virginia court, I think that's why people are nervous about it. Yeah. Yeah. That's
what's happening there. So all told, like if Virginia and Florida both survive, it's basically
we net out at Republicans picking up three seats in the redistricting war net. And if you know and
then beyond three, you get like maybe five to seven, depending on whether you get Louisiana plus
Tennessee plus Alabama. So you're saying sorry. So it is net three across the entire redistricting
over the last year. Virginia survives and Florida survives. And then there's a potentially plus four
to Republicans through this, the post VRA things. So that got so basically the floor is much worse
for Democrats after this. The ceiling, it all depends on sort of Virginia. And then if you go
out to twenty twenty eight, a bunch of states. Oh, yeah. That's a real bad. Illinois could decide
to go nuts and be a seventeen zero Democrat state like California could redistrict again. You could
crack a bunch of Democratic districts, spread those voters across.
You could do it in New York, Maryland, New Jersey, New York's planning on Washington, Oregon.
So the problem is, if they Republicans move in twenty twenty six, we can't move until twenty
twenty eight. Yeah, I mean, just the just I guess what I'm getting is the overall estimate for how
much the Supreme Court voting rights ruling will impact things. They're all over the place, depending
on where you look like. It's like from a dozen to two dozen seats could be impacted to help
Republicans and then Fair Fight. The Stacey Abrams group looked at a bunch of districts that Democrats
could change to help us. So it's just like.
It's a mess. It's impossible to know what's happening. None of this is good for democracy.
No, I mean, you could someone just sort of posted this map is like a kind of a joke, I guess,
but it's not really, which is you could end up by twenty twenty eight or beyond where if it's
a red state with a governor and a legislature that is majority Republican, there are no Democratic
seats left. And if it's a blue state with the governor, then there's no red seat seats left.
So that's just talk about polarization on Louisiana. Trump posted on Sunday, quote, We cannot allow
there to be an election that is conducted unconstitutionally simply for the convenience of state
legislatures if they have to vote.
vote twice so be it uh any idea what he's actually saying there love it so it's unclear who the who
the they is there does he mean the legislators have to vote twice as an approved new maps doesn't
totally make sense if this is because louisiana is already voting and that's why there's some
question as to whether the election could proceed i think that's what it has to mean now like who
knows what the supreme court will do but the idea that that look the supreme court's this court is
a huge fan of unleashing chaos and being like we can't believe what's happening we can't believe
what you people are doing with our very obvious and simple ruling um but i do think it's a
possibility the supreme court would intervene in some way to say uh we cannot have a bunch of
states throwing out their maps and having people revote and all this chaos and we in the in the
run-up before an election is a tradition of of not disturbing election as it's already begun
and i think that's what trump is worried about yeah and it does seem like they're even that's
why i was when i was talking about tennessee it seems like they would be more likely to do that
in tennessee even than louisiana because the tennessee thing is really like
like throwing out the filing deadlines doing a new primary eliminating all the districts it's
like a really it's a pretty yeah there's supposed to be supreme court precedent it's called the
principle that says court you should not be changing elections or the election rules right
before an election republicans often use that to screw democrats procedurally yeah uh hopefully it
should protect everyone from like really terrible things happening right before an election or
people getting disenfranchised but i don't know we'll find out i guess yeah so net net i would say
um i think however this ends up i still think democrats are favored to win the house but you
this definitely could put a a a dent in the number of seats yeah for sure we pick up uh even if we do
get a majority um so that's the house let's talk senate um we've been talking about the path to a
democratic majority in the senate has been getting more realistic by the day even though it would
require defending every democratic seat and then flipping for republican seats but there is another
potential wrinkle uh that jvl has been talking about for a long time and i think it's going to
be a big deal and i think it's going to be a big deal and i think it's going to be a big deal and
i think it's going to be a big deal and i think it's going to be a big deal and i think it's going to be a big deal
uh that jvl at the bulwark and jonathan martin at politico just wrote about
john fetterman uh specifically the rumors that republicans are trying to persuade him to switch
parties or at the very least become an independent which would deny democrats a senate majority
even if they pick up four seats uh jmart reported that trump has offered via sean hannity to totally
get behind fetterman and raise a lot of money for him if he makes the switch uh fetterman told
jmart he's quote staying a democrat and that he'd be a quote shitty republican
what do you guys think uh specifically is there anything democrats can or should be doing about
this possibility just imagine a democrat in making this offer via rachel maddow it's so crazy
it's just like colossus over us at this point because hannity is so biased but i mean this
story look the details are like fetterman finds the online left really annoying he's gotten close
to senator mccormick we've all been there everyone's been there he's close to his wife
dita pal golden sex executive turned med executive and then
brittner husband as you said trump is offering him money and political support it's not really
clear what fetterman wants politically it's like nowhere in this article um i think look hopefully
the best case that fetterman knows this conversation gives him leverage to get something tbd i don't
know the guy i like find it very weird that his thing is just like being super pro israel now and
like that's fine on policy if you if you believe in israel and his right to exist and his right
to defend itself but he seems to take pleasure in trolling people that are
about civilian casualties or the death toll like obviously this war is not good for anyone
not for israelis not for palestinians so but it's more than just gaza like fetterman also never seemed
to criticize trump um which is an odd political choice when trump's approval rating is rock
bottom he jumped out after the correspondence dinner to like start defending the ballroom
which again is even more unpopular and even more stupid so i i don't know it's like some of this
sounds personal like jonathan reported that fetterman spent hours hanging out with republicans
in their cloakroom chatting them up
um i get that all personal all politics is personal i get that when people annoy you you
can get pushed out of their tribe presumably you run for office because you have beliefs
and you want to do things to like turn those beliefs into policy or law maybe he does not but
i just it's terrible it's a tough situation i hopefully i think we should all just you know
it does it does remind you that um constantly annoying the shit out of someone is not going
to get them to come your way but it doesn't mean that you're going to get them to come your way
but it doesn't mean that you're going to get them to come your way but it doesn't mean that you're
going to get them to come your way but it doesn't mean that you're going to get them to come your way
but it doesn't mean that you're going to get them to come your way but it doesn't mean that you're going to get them to come your way
but it doesn't mean anyone needs to like not say what they believed in yeah there's a post by like
the monroe county democrats that said he's a traitor to democrats traitor to pennsylvanians
traitor to those who work tirelessly to elect him and uh i that's a defensible statement uh on some
of these issues but according to federman's you know federman by federman's count he's votes with
democrats 93 percent of the time he's pro-gay he's pro-union etc etc he's taking these heterodox
views that i find strange uh and he's doing it in a state that is not more red than
an arizona for example we have people that have been much stronger against trump now the the the
stat that that i saw that i found like i didn't i first couldn't believe it made sense mathematically
it was harry and posted this that federman has had a 108 point drop among democrats like what do you
mean it means he's gone from plus 68 to minus 40 among democrats now i don't know if federman's
going to run again in 2028 but uh it's very clear that he will have a huge problem if there is a
challenge and there almost certainly would be given how weak he would be in a democratic
primary the question is how to keep him on side until then and i do think that's really really
important even even federman says in that piece uh if democrats get to 51 who do you think the
51st vote would be and he's referring to himself so he's seeing what power mansion had what kirsten
cinema had and uh he clearly enjoys being at the middle of things in a way that sort of feels
vaguely familiar so i i don't think there's anything wrong with being incredibly critical
john federman but we have this way on our side of deciding that someone isn't on our side and then
making it true and i don't know that it's a balance right because i like of course he should
be criticized and of course he should face pressure uh to do the right thing when it comes to say like
voting for on trump nominees for example but uh i do think we would rather have uh federman
caucusing with us if he ends up being that 51st vote then we would rather have jd vance making
all the decisions yeah just like we'd i'm sure we would all rather have joe mansion in the senate
um and now he he just retired but like we have jim justice who's voting with republicans all the
time joe mansion pissed us off endlessly but still voted with democrats most of the time
joe mansion was in the senate right now we'd only be needing we'd be talking about picking up three
seats and not four um we also wouldn't have had any of the investments um that joe biden made in
the in the inflation reduction act at all because it wouldn't have passed um i i do think there's
basically two points in the piece that i thought were worth it one is that 93 percent number and
because uh federman has been going around publicly and privately telling people he votes with the
democrats 93 percent of the time right so that's on his mind and then you guys have been you know
summarizing this but i i loved the way jay mart wrote it he says he's like i've seen this a million
times the more one drifts from their political tribe the more they're scorned and mocked by that
tribe often in personal terms this only prompts the person drifting away to accelerate their turn
and adopt the language customs in some positions of the other tribe with an i'll show them
determination soon they're identifying somewhat or entirely with the new tribe the past is going to
only goes in one direction now you can say that that is incredibly immature bad whatever like
fine it's life we have this guy till 2028 it's going to be in the senate till 2028 that's the
deal and do you want him to stay a democrat after 2026 or not because if he stays a democrat after
2026 then we have a democratic majority leader and that means we're blocking supreme court
appointments all this other kind of stuff or at least we have a chance to do that if we don't
have a democratic majority then we have two years of just john thune as leader right and so then
it's like do you now does that mean democrats need to compromise their positions where they
disagree no of course not but like you don't have to be a dick to him like just just for the fun of
it and keep pushing him into the other side yeah it's a it's a strange balance and it's like it's
very clear from the piece and previous reporting on federman that he's way too online and it reads
all the criticism and like takes it to heart and gets pissy about it the good news is he says in
the piece he knows that trump demands 100 loyalty and he knows what will happen to you if you don't
give it to him like bill cassidy or tom tillis but again the weird thing to me is like in the olden
days john federman would want a thing an earmark for a bridge in philadelphia or pittsburgh like
what do you want dude very unclear you just want to troll people over gaza is that like your
animating thing like i understand like sort of taking positions where you punch left and punch
right sometimes and that can be good politics doesn't seem like it is currently in pennsylvania
for him so i'm just sort of i'm just confused by this and again we're not having a conversation
right now about the 2028 democratic primary in pennsylvania and whether anyone should support
john federman that's not what this is about this is about from now till 2026 when he will be in
office no matter what do you want to push him into the republican party or not yeah that or do you
want not to push him in but do you want to do whatever it takes to stop him from getting into
the republican party like the fact that that he can see to being a republican he's already flirting
with it in his mind even though he's sort of publicly saying that he's not considering at all
uh but actually trump's republican party is so like kind of
pleasant for anybody who's heterodox to tell us a little bit about how we should be dealing with
people like this you know stepping back also like we hear all the time about how like we need to be
a big coalition and that we don't have people have to have all the same points of views like we need
to be a party that kind of like embraces all turns out that was just something we said love it after
2024 when we lost and it didn't seem like a lot of people mean that and and like and and but it goes
both ways by the way it does go both ways but part of it is like okay like he has taken positions
in the parliament and he's not going to be a part of the
parliament and he's not going to be a part of the parliament and he's not going to be a part of the
that when people reach a different conclusion and don't vote with you 100% of the time,
what happens the next day? And it can't be that they're all traitors. It just can't be because-
Or that you're a bad person.
Or that you're a bad person.
Well, I remember, I mean, speaking of broadening the tent, we can bring up Hassan Piker. But I
remember the fight I had with Hassan on the pod, not the last pod, but the one before,
the bigger fight was when he was like, yeah, you know what Joe Biden should have done to
Joe Manchin? He should have threatened his daughter within a DOJ investigation. And it's
like, whether or not you think, first of all, you can argue whether or not that's a good idea
from a legal and constitutional perspective. But beyond that, do you think that would have
scared Joe Manchin into voting the right way? Or do you think that would have maybe said to
Joe Manchin, like, fuck you people, I'm leaving and I'm going to the Republican Party? Because
it's human nature to be like, oh, you're going to yell at me more and threaten me? Like,
fuck you. I'm going to go take my toys and go to the other party.
Yeah. Also, we do know that in the Republican Party, if you don't do everything Trump says,
it ends with him telling a mob to hang you at the Capitol. So the downside risk is a little
greater on their side. You need a bigger rope for Fetterman than for fucking Pence.
But you can see from the. He's a big dude compared to Pence.
It's a really good point.
We're going to buttress that fucking, what do you call it? What's the thing you hang people from?
Gallows? Gallows.
You can see from the piece too, like Katie Britt and what's his name? David McCormick. They're
working overtime to be nice to Fetterman because they think to themselves, oh,
if we're nice to him, then maybe he'll do this.
It must be so obvious.
Oh, you have one at lunch with me again?
One would hope.
It's okay, Katie.
No, no. Katie Britt loves me. Loves hanging with me.
Great. I'm John Fetterman.
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This fight is far from over, and every one of us has a part to play.
So in the category of Democrats being Democrats, there's also some new concerns swirling
about the DNC after Ken Martin's stellar performance on this very show last week.
After you threw him off that ship in the harbor like Osama bin Laden's corpse.
Is that okay to say?
Look, he was a bit testy, I think, about his decision to not release the 2024 autopsy,
despite promising to do so, as well as the state of the DNC's finances, which are not great.
Over the weekend, Lauren Egan at The Bulwark reported that some DNC members have recently
considered trying to force Martin out, but that effort was, quote, put on hold after members
failed to identify an alternative candidate willing to step into the role.
Sort of like trying to be the new Ayatollah, I guess.
Party members are also trying to force a resolution that would put constraints on Martin's spending
and how he handles the budget.
I can confirm The Bulwark reporting.
I've also talked to DNC members and others around the DNC who have said that there's
real conversations.
There's been real conversations about trying to potentially oust Martin.
What do you guys make of how big of a problem this is?
What is the. Here's what I don't understand.
What do we want the DNC to do?
What do we want the DNC to do between now and November, right?
And it seems to me like at this point. This November.
This November.
We want to raise a ton of money, right?
But even then, the DNC has very little to do with the midterms.
So if we succeed in the midterms, Ken Martin's going to say,
see, you're all a bunch of bedwetters and I'm amazing and look at what the DNC did.
That's going to be wrong because the DNC doesn't really have a lot to do with the midterms.
If we fail at the midterms and people say, oh, this is why Ken Martin's off,
that's also not. Doesn't really hold water because it's just the DNC plays. That plays the biggest role in presidential elections.
So this is a 2028 issue, not a 2026 issue.
Look, his performance in that interview was shockingly bad.
And like, obviously, I'm biased here.
I'm like, I'm a host of the show.
I'm your friend.
I'm friends with Ben Wickler.
But like, I didn't go into the interview feeling like, oh, I have beef with Ken Martin.
I was just kind of like, what does this guy have to say?
And I came away feeling like he was insulting my intelligence.
Because like on the autopsy debate, specifically the 2024 DNC autopsy
and why they haven't released it, nothing in that report could be as bad.
As the series of news cycles about spiking the report
or going back on your promise to release it.
Nothing, nothing.
And despite what he said, like no one expected there to be a silver bullet in there.
I did hope there would be a granular look at the efficacy of like voter contact,
door knocking, phone calls, ad spending, like issues that in hindsight move voters.
If vendors or like, you know, various individuals spent money poorly,
we should name and shame them.
But now we don't have. We don't have any of that.
And everyone is filling the void left by the lack of information with their priors, right?
So the DNC defenders say, oh, it was all just inflation or Biden was too old.
And the left says it was all Gaza.
And we just argue in circles ad infinitum.
And it just, it sucks.
It's a terrible setup.
And there was a DNC member saying on Twitter that the truth is the autopsy report
just never really got done or never got completed and never will be.
And that's why it wasn't released.
And if that's true, that shows a lack of candor.
And previous statements and the interview with you that it's really bad and a problem.
And so then the fundraising, like the fundraising is not good.
There's a bunch of big donors on the sideline who will not give to the DNC.
I know that from personal conversations with them and we can't pretend otherwise.
So like this process about pushing them out or selecting someone new,
like I don't know how that would work.
I also, I don't think you can constrain, like you pick someone to lead the DNC,
you pick them to lead the DNC.
You can't constrain how they spend money.
If you're at that point,
get a new person in there.
This person needs to be able to spend money.
So I just, I came away shocked that like a political professional
struggled that badly in just answering questions that I feel like were asked in good faith and
could have been answered better, but just, it was a mess.
It is now like accepted as a fact that the DNC covered up the autopsy because it showed that
Kamala Harris lost because of Gaza.
That is like on the whole parts of the internet.
That is just a known thing that we all know about the fact of this, of this report.
Now there has been reporting that that played a role and I would like to know what that information
is, but it just speaks to the damage done by either not finishing the report or not.
And like the way in which saying you're not going to release the port and not finish the
port go hand in hand is this thing kind of just sort of slowly like kind of ends with a whimper,
probably not going to put it out.
Like the, the work, you know, everyone kind of slows down, the meetings get canceled and
all of a sudden there's no report and nothing to release.
And so like part of the problem is there's no way to answer for that at an interview now,
because what,
what should happen is go back in time, aggressively finish the thing and get it out the door.
Yeah.
What, what I, what I have heard.
And, and like Tommy said, there was a DNC member on Twitter who said some of this,
but then I've heard it from other people.
I've heard it from others too.
Lots of other people citing just the tweet that Ken Martin had his, his friend, Paul Rivera,
who was unpaid, which is why Ken was telling me then he was like, Oh, we didn't spend hundreds
of thousand dollars on it.
And I was like, Oh, it's a free report.
And he was like, well, so he, he, he got this guy.
He got this guy to do it.
The guy went around and talked to people, didn't even talk to all the right people.
A lot of people weren't interviewed at all, um, did a shitty job.
And Ken the whole time was like, just letting him do his thing.
And then when he came back and didn't have any of the good information, then they just
wrote up the report, what they had, it was a garbage report and they realize, and then
Ken realized they couldn't release it.
And so instead of either saying like, this was a bad thing, I'm going to try another,
you're going to try another autopsy.
We're going to hire someone else.
We're going to do it.
Right.
Has apparently just decided to not be honest about it.
Yeah.
I've heard that from a bunch of people too.
I can't confirm that it's true or not.
It would certainly, I've heard, we've heard from a lot of people who are like in the know.
Yes.
But it certainly does a better job explaining why you would endure this torturous series
of news cycles about a thing rather than just dump it out over Christmas or something and
just like move on.
I've also talked to, um, people who have raised money at the highest levels for Democrats
for a very long time.
"that the finance situation is a disaster."
And they're like, "He can talk about state investments
this and that. The problem is he is spending more money than he is raising. That is very simple,
and it is a mismanagement of funds. And so even if he was raising a lot more money and had more
success there, if you're spending more than you're raising, it's still a problem. And to all of his
talking points about investing in state parties, the portion that they're investing in state
parties still, even if you take all that money, that nowhere near makes up the large gap between
the fundraising and the spending that's going on at the DNC right now. So there is a mismanagement.
Since that interview, I've heard from DNC members, from people inside the DNC,
current and former officials, and heard from donors. And then those people have told me
they've heard concern from party leaders, former DNC chairs, who are very upset about this. And
no one knows what to do, because I guess, Tommy, to your point, like the bylaws make it very
difficult to actually oust Martin. And so people are sort of wondering what to do.
And look, I think Amanda Lipman, our friend who runs Run for Something, you know, she made a good
point about this. She put a video about this on her Instagram. But the real challenge here is
building trust in the Democratic National Committee ahead of 2028. Because what the DNC
does ahead of 2028 is they're going to set the primary calendar, which is obviously going to
be very contentious, because depending on which states go first, that's going to help different
candidates. They are going to set the debate qualifications and who qualifies for debates.
And so, you know, I think that's a big challenge. And I think that's a big challenge. And I think
we are going to have a raucous primary in 2028. And the, you know, the supposed to be the referee
of that primary is supposed to be the DNC. And I do think that, like, it's incumbent on all the
candidates who are going to run in 2028 in their campaigns to, like, speak out publicly and get
some transparency, more transparency than we've gotten from Ken Martin on what the rules are
going to be, how the process is going to go, make it transparent, whatever happened to the fucking
autopsy. And like, what's your plan to be financially viable in 2028? And I think that's
going to be a big challenge, because it is important for the DNC to have money ahead of
the presidential election in 2028. Yeah, I guess the thing is, I agree with all that. It's like,
right now, the most important thing is that, like, every conversation we're having about the
Democratic National Committee, like, it is important going forward. But for right now,
it is, like, about Democratic Party problems that ultimately will have no impact on what
happens in 2026. And that doesn't mean we don't have to have this fight in this conversation
right now. The thing I,
well, yeah, no, because to that point, love it. Like, the folks I was talking to said, like,
their biggest worry is 2026 happens, we do well. And then Ken Martin's like, see, you are all wrong,
bunch of bedwetters, and blah, blah, blah, and we're moving on. And then suddenly you're in the
primary in the 2028 primary, which happens, like, right after the midterm elections. And by then,
it's too late to solve the problem. Right. The question, right, is the fight over who would be
DNC chair plus the sending money all over the world, combined with either the inability or
refusal to release the autopsy.
So you have together created this storm. And the question is, what are the, those are due very
specific problems, right? That, like, they may carry knock-on effects into the next year, but
they don't actually speak to whether or not he would be able to do those jobs, right? Like, what
he would do to run the party in the next year. But, like, what I took away from this is, like,
when we saw him at that party, I had always seen Ken Martin in these kind of, like, talking point
mode interviews, which I found generally frustrating, but not more or less than any
traditional politician. But at that,
at that meeting, he was so intense and direct, like, in a way that I'd never seen in a kind of
public-facing way. It was like, oh, like, there's the real guy. He's, like, an operator, like,
an actual kind of, like, hard-nosed guy who's, like, pretty upset about bad coverage, pissed
about it, thinks it's unfair, wants to argue about it, wants to make his case. And I thought,
like, oh, that's, like, an interesting kind of version of this person that I hadn't seen,
because publicly, he does a kind of more traditional Democratic politician thing.
And I think what I took away from the interview overall is, like, the era of that kind of talking
point is over. Like, don't talk down to people like this. It doesn't fucking work. It's certainly
not solving your problem. It was direct, but he's also very, it's very defensive. And what you've
heard from DNC people and people in the Democratic Party is that the relationship-building element of
the job, which is also important for the Democratic National Committee chair, is lacking in a bit. And
so it's very insular, and he's not reached out to people, especially people who, like, supported any
of his opponents in that race, you know, which is tough. But also, like, his whole point was,
like, we're looking forward, not backwards. And it's like, well, none of us want to wallow in the
past, but it's about learning from and correcting mistakes. And, like, look at the Democratic Party
right now. We have not learned from and corrected a lot of mistakes. Like, remember when voters were
like, hey, you have a gerontocracy problem? Have we solved that beyond removing Joe Biden from the
ticket? Absolutely not. But he's doing this, like, Bill Belichick, we're on the Seattle,
we're on the Seattle thing. It's like, we want to figure out what we screwed up last time and fix it.
And, like,
it just, it was very, it's very frustrating.
And his repeated point about lessons, we're releasing the lessons, the lessons,
I encourage everyone to go onto the DNC website and sign up for the 200-page lessons report and
see what it is, because it's not really a lot of lessons. It's, there's some, a lot of it is
lessons from success in 2025. And then, like, various case studies from different groups that
are just sort of pasted into the document, like our friends at Swing Left, who did a lot of that
research door to door when they were, yeah, which is great. We love it. But, like, that's not,
that's not a good thing. And I think it's a good thing. I think it's a good thing. I think it's a good
No, it's not. Whenever someone says, like, we got to look forward, we can't look towards the past.
And it's like, okay, where do you learn from? Because I only, I face the past. The future is,
but actually, in a lot of ways, behind me. I only find out what's going to happen there
when it becomes the past. The present is infinitely small. So, I tend to live in this
present that I can't really quantify. And everything I know, 100% of it actually comes
from the past, which is interesting. So, I don't know how you're supposed to learn from the future.
As before, you've gotten there. So, I think the past is a good place to look to find answers. I
find. I find. Anyway, it's an issue. It's an issue. Looming over all these issues, though,
is the fact that even though Trump and the Republicans are polling horribly,
the Democratic Party isn't popular with voters either. Lakshya Jain at The Argument had a piece
last week pointing out that the collapse in Trump's approval ratings has not yet resulted
in Democrats gaining by a corresponding amount on the generic ballot. So, basically, in their
analysis of polling,
Trump has gone from negative 16 to negative 22 between July and April. But the Democratic
generic ballot advantage has gone from plus 6 to plus 6. And yet, some Democratic candidates are
still polling quite well against their Republican opponents. So, that's good. Even in purple states,
maybe the most prominent example here is John Ossoff in Georgia, who has also gone all in
on a corruption message. Here's his latest very good, very viral video. We're told a story.
Work hard.
Play by the rules, and you'll thrive. No matter who you are or where you start,
the grind will pay off. But for too many, this story just isn't true. The problem is a corrupt
and failing political system. The problem is that the people's elected representatives
don't represent the people. They represent the donors and special interests.
Corruption is why things don't work for ordinary people.
So,
to fix it, we have to understand it. Corruption's impact isn't abstract. It shows up in our daily
lives. Take prescription drugs. So, he goes on there to talk about how, you know, when Bush
passed Medicare Part D, which is a prescription drug program, in 2003, that's what stopped
drug companies, or stopped the United States government from being able to negotiate for
lower prices with the drug companies, just like other countries do. And that, like, I remember
talking about this when we were, like, back in the Senate.
Billy Towson, who was the head of the House committee there, then left Congress to go be
the lobbyist for the pharmaceutical companies. And then, you know, then he used that to tell
the story of how, in the Biden administration, you know, he helped lead the fight in the Senate to
actually let, you know, lower prescription drug prices for a lot of these prescriptions,
which I thought was, the way he told it, was a more effective and better story than I ever heard
from the actual Biden administration itself, even though they were very responsible for the win.
But what did you guys think of that video? And also, just,
whether Ossoff's message is, should be a model for other Democratic candidates?
I mean, I think the corruption message is really powerful because it's true. And it also gives you
a why to explain why things are so broken. You're not just blaming the other side, you're blaming
something more tangible. And I think it also speaks to the moment, which is the voters are
furious. They want to burn down the system. That was true in 2016. Trump effectively channeled that
fury. I think he's lost those voters now, but those voters are probably even more angry,
right? Because they're pissed off.
I think he's pissed off about prices and inflation. And so Obama ran against Washington,
Bill Clinton ran against Washington. And also, I think when you run-
And Trump did too.
Trump did too. And when you run on that kind of message, hopefully it creates a mandate to
actually change some of the things that we're talking about in there. But it also, it does let
us tell a story about Trump that it isn't just like, he's bad. Because I think what Trump has
done to like personally charge the corruption in government is so far beyond Billy Towson
becoming a pharma lobbyist. It's like-
It's like the good old days.
Kids follow him around on foreign trips and they make real estate deals in foreign countries
afterwards. Like we all watch, remember the board of peace event?
Yeah.
It was something like Egypt when the president of Indonesia was like,
hey, Donald, should I call Don Jr. or Eric to cut a deal? Right? Remember this?
They're making billions off their crypto interests. They even sold half of it to this
Emirati-backed company. Eric Trump is advisor to a robotics company because he's a big robotics
drone genius, apparently. He got a $24 million Pentagon loan and Maria Bartiromo was like,
hey, congrats, Eric.
Well, well done on that.
Don Jr. advises CalSheet and PolyMarket, which these Trump
officials are using to bet on shit they are doing with insider information. Jared Kushner is
negotiating with Russia, Ukraine, Israel, Iran, all these Gulf countries. 99% of the money he's
raised in his investment fund is foreign. He's trying to raise 5 billion more from mostly foreign
interests. He was doing so at the sideline of an event at Davos. He has not filed a personal
financial disclosure form. So like this story, it's very real. It tells itself if you have some
time and you have the ear of the person. And I think Ossoff has done a better job prosecuting
that case than most because he's consistent. And one thing he says in that video that we didn't
play and I hear him say in the stem too is, and look, both sides do it. Both sides do it, which
is the scale of it on the right. And especially with Trump is just exponentially greater, but like
it is important to voters to acknowledge that like, yeah, Democrats aren't fucking perfect on
this either. Yeah. I think there's two questions. It's like, what is the source of America's ills?
What is the best message going into the midterms? I like the corruption message is great. I think
this video is great. Electing Democrats, like Democrats are corrupted by the money in politics
because we're all people and money corrupts. And it, it, it, it has made it so that Democrats
when in power do less, make less change, make more compromise. It takes more to get certain
votes because those people are either, either they're explicitly in their own minds trying to
protect their donors, or they've kind of, uh, convinced themselves. They believe what it's
financially best for them to believe this happened when we're passing Obamacare. Everybody blames Joe,
uh, um, Joe Lieberman for killing the public option, but actually it was a bunch of Democrats
in the Senate when we had 60 votes that stood in the way of having, uh, an option for people to get
public healthcare like Medicare, uh, because, uh, of lobbying because of fear of negative ads,
because Joe Lieberman had a bunch of insurance companies in his state. Um, but even, even more
after that, Joe Lieberman,
personally stopped a Medicare buy-in for 55 plus that would have made a huge difference for
everybody. And he did that because he had donors in his state. It was, and even though he was
retiring, he did it at their behest. So like these things do make a difference and it is both sides,
but like we're in this mess. Why is this corruption tolerable? It's because Republicans are excusing
it. Barack Obama wins in 2008. He is punished in part because he is paying for the consequences
and economic fallout of the previous Republican administration. Joe Biden and Democrats are
management of the pandemic and the economic fallout that came after that pandemic. But
when you elect Democrats, they tend to do things that are more popular or more economically
progressive. And when you elect Republicans, you end up with tax cuts for the rich and deregulation.
It happens every time. Most of what our politics is about obfuscating that for people. I think in
a world in which people don't generally believe that instinctively and they come to doubt and
mistrust Democrats for reasons having to do with economic mismanagement, but also because of a
whole ecosystem that exists to make Democrats look extreme and silly. And because some Democrats
have taken stupid and embarrassing and unpopular positions, I think it is smart to have Democrats
making an argument like this. But to me, the goal is for each Democrat to make the best argument
they can tell the best story because nobody votes for a generic Democrat. They vote for the
Democrat on their ballot. And then how we address our broader problem with the electorate where
people mistrust us, don't believe us on the economy, but they don't believe that we'll do
what we say in the economy. And they still believe we'll do what we said in 2020 and everything else.
That to me is a fight we're going to have to fight in the primaries in 2028.
Yeah. I mean, to the broader question that Lakshya raises in that argument piece about
why Democrats aren't gaining on the generic ballot by as much as Trump's approval is falling,
I do think there's probably a number of reasons.
Oh, definitely.
But I do think that there is just a severe lack of trust in the Democratic Party and the Democratic
brand that comes from. Comes from decades, but it also comes specifically from everything that happened
at the end of the Biden administration. Joe Biden running is part of it. Lakshya points out
the Democratic position on crime is a big part of it, or at least what the perception of the
Democratic position on crime is, which was unfortunately hurt by the defund the police
discussion, which of course, you know, you didn't have Democratic candidates saying defund the
police, but enough activists were that the perception became that Democrats want to. Wanted to defund the police.
Most Democrats didn't, but a few did.
A few did. A few did. And those were the voices that were elevated by some, often by the other
side. I think some of the positions on border security and immigration contributed as well.
There's some cultural issues as well. So like there's a lot going on. But I think even beyond
all those individual issues, because I do think if you take an unpopular position on an issue,
because you really believe in that position and you sell it and you say, I'm sorry that I'm not
on your side on this, but this is just what I believe. That is one thing.
There's a perception that Democrats are just like, maybe I'll be on this side of this issue,
but then maybe I'll change if somebody's unpopular. And the wishy-washiness,
which is another version of corruption, that's not just money. It's power and fame corrupting
as well, right? Like I like my position of power and I don't want to lose it. And so I'm going to
say whatever I think is popular. There's lack of faith in the political system generally,
which I think spreads to everyone. And I think on the Democrats to look inward, I think that
voters had high hopes for Obama that they didn't feel were met, right? That's an area where we all
look inward.
On the Biden administration, this is why it's so annoying to see Hunter Biden running around
and blaming everyone but himself for his father's political standing, because he did more to nullify
the Democratic Party's position on waging this corruption mess against Trump than literally
anybody else because of his scummy business dealings. And yes, they're nothing compared
to what Don Jr. and Eric Trump do on a given Tuesday, but still he was a huge problem. And
that's why it's so galling to hear him out there. But yeah, I think there was a broader trust thing
where we as a party were like, no, no, he's not too old. He's totally fine. And then he ran again
and voters firmly rejected it. Then there were the pardon issues you were talking about. That said,
I do think like, like, I'm worried about us not doing better in the generic ballot rating, but
we have no leader. We have no standard bearer. That's a huge part. Like we are. Yes, we are
offsides where the electorate is on some issues like the Washington Post just had a poll out this
weekend. It found 53% of voters think Democrats are too liberal, but a similar number thought the
Republicans were too conservative, right? So that's a huge part of it. And I think that's a huge part of it.
So like people just maybe don't like the other side. What gives me some hope for the midterms?
I think they're going to be a referendum on Trump and the party in charge. I also think it's a
turnout election. And if we can turn out our far more motivated base, then we will win. And then
that same post poll, 73% of Democrats say voting this fall is more important than previous midterms
versus 52% of Republicans. So our side is considerably more motivated to go out right now.
I have now heard from a few people who've just like asked me advice on like,
who to support, what Democrats to support, where to put their money, their time.
And a thing that I keep hearing is, you know who I want to support this time around because of the
state of the politics of the party? First time candidates, new candidates. And there is something
and like the this is where like the Joe Biden issue and the Ken Martin issue are somewhat connected
because there is a like, don't piss on our leg and tell us it's raining kind of thing where you look
at Democrats and it was very obvious that Joe Biden was too old. And then a bunch of people in the party
were like, no, no, he's fine.
Everything's great. The debate performance was fine. No big deal. And then Ken Martin's like,
well, you, we told us you would release the autopsy and you're not releasing the autopsy.
And he's like, we are releasing it. We have been releasing it. You know, just like, it's like when
you're, when you, when someone tells you something that is obviously seems dishonest because we all
have eyes and ears, like you lose a level of trust in that person, in that institution that it's hard
to get back, you know? And I think that's, that's part of the issue as well. Yeah, I think that's
right. The age thing is a stand in though for, cause like if you look at who were the people that
were the most behind, you know, who were the people that were the most behind, you know, who
were the most behind Joe Biden, even towards the end, it was actually, it was, it wasn't ideological
even like Bernie and AOC were the ones that like were behind, but, but people really know what
Bernie stands for. They really know what AOC stands for. And I don't think AOC or Bernie
particularly pay a political price for that position in part because they're deeper
kind of values are so clear. And what also to me is doing with these kinds of anti-corruption
mess with the story he's telling us, he's trying to have a kind of an ideologically
kind of broad story that kind of can represent a kind of vision for what Democrats
stand for, what they care about. And to me, what I worry about,
what does it mean to care about corruption? Because if we can win, and then all of a sudden
we're talking about whether or not to do hearings, right? There's gonna be a ton of pressure from
polling when you, cause when you ask people, you know what the polling is gonna say, do you want
people to look backwards? Do you want to look forward? Oh, I want people to go forward. Do you
want people to investigate Trump or do you want them to focus on issues that are affecting your
family? I want them to focus on issues affecting my family. And I worry that that kind of like
simple reading of what the polls will certainly say will lead people to think, oh,
we shouldn't, we gotta just focus. I'm not focused on what Trump did and we gotta,
that was bad and I hate it. You know, I've always been against it, but we gotta focus on my plan.
And I get that. But one way you prove to people that you really care about something that you
really stand for something is you say, look, we gotta get to the bottom of this for the future.
We gotta do this. Even if the polls say it's bad, we gotta make sure we root out this corruption
to protect our country from a future Trump, whatever it sounds like. But we have to be
willing to actually like kind of put real kind of put our shoulders behind
an actual anti-corruption agenda when we're in power. Yeah, I agree.
All right, when we come back, I'll talk to strict scrutiny's Melissa Murray about
the latest rulings on abortion medication, the Voting Rights Act and her new book.
That's right when we come back.
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Melissa, welcome back.
Thanks for having me.
Congrats on your new book.
Thank you. It's going to be coming out on Cinco de Mayo. I think the best thing to do
to celebrate is to pour salt all over it, lick it, maybe do some body shots. I don't know. What do
you think?
You know, people will be hearing this on Tuesday on Cinco de Mayo, and I'm going to be doing that
then. That's why I'm going to grab my copy.
I mean, Taco Tuesday, Taco President, Cinco de Mayo. This is perfect.
The book is The U.S. Constitution, a Comprehensive and Annotated Guide for the Modern Reader. I want
to ask you a few questions about that. But first, I just want to start with a little legal news.
The latest legal news on Mifepristone, the abortion medication responsible for about
65% of abortions in the U.S. Can you walk us through both what the Fifth Circuit ruled on
Friday in the Louisiana v. FDA case and what the Supreme Court did on Monday?
Sure. So let me roll back a little bit. Some of your listeners will remember, and if they're
strict scrutiny listeners, they'll definitely remember that there was a case a few terms ago
in the court called FDA v.
The Alliance for Hippocratic Medicine. And I had such a hard time with the name of this case because
I kept saying hypocritical medicine. It's something of a Freudian sub for me.
Right. So these are a group of pro-life doctors that were challenging the FDA's approval of
Mifepristone. And that case was argued before the Supreme Court. The court, in an unexpected
decision in advance of the 2024 election, said that there was no jurisdiction to hear the case
because the doctors who were part of the Alliance for Hippocratic Medicine, the FDA v.
Alliance for Hippocratic Medicine, lack standing, which is to say that their professed injuries
because of the FDA's approval of Mifepristone were too attenuated to actually sustain federal
court jurisdiction. So the case was thrown out, although the court obviously didn't answer
important questions regarding the FDA's approval of Mifepristone, its authority to approve
Mifepristone, nor did it weigh in on the absolute ridiculousness of some of the claims that the
Alliance for Hippocratic Medicine were making. In any event, a new group filed a lawsuit this
time in Louisiana. That was honestly the biggest surprise that they didn't go back to Amarillo and
Judge Matthew Kazmarek to file this case. They instead filed it in Louisiana. And last Friday,
the Fifth Circuit issued a decision on the case where they effectively issued a nationwide ban
on Mifepristone, basically saying that the FDA
had not done what it needed to do in approving it and that there were questions regarding the
FDA's approval of Mifepristone that required staying the distribution of the telehealth
aspects of the protocols for distributing Mifepristone. So I just want to emphasize,
like, the Fifth Circuit did this, but they got a real assist from the Trump administration. So
the Trump administration has been at great pains to stay out of abortion, likely because they
recognize that the FDA has not done what it needed to do in approving it and that there were questions
it's a really bad issue for them. The whole idea of women dying in parking lots doesn't sell well
even in the red states. So the administration has been pretty hands-off on abortion and
reproductive rights. But the FDA, under Secretary Bear Juice, aka RFK Jr., has been making some
statements about Mifepristone, though. For example, they've challenged or questioned
whether the FDA's approval of Mifepristone was appropriate. They've challenged or questioned
that some of the requirements for distributing Mifepristone via telehealth or through the mails
should be questioned or reexamined. So in making those kinds of statements and concessions about
the efficacy and safety of Mifepristone, the administration basically laid the groundwork
for the Fifth Circuit. And indeed, the Fifth Circuit cited many of these statements from
administration officials at the FDA in making its decision. So they relied on those statements. So
this wasn't issued by the Trump administration. It was issued by the Trump administration. And so
they didn't put a ban on Mifepristone, but they certainly gave the Fifth Circuit a glide path
for doing so. So the Fifth Circuit basically had this nationwide ban that went into effect on
Friday. They issued it at around 4 o'clock Central Time, 5 o'clock in the East, and it
is a nationwide ban. And on Monday, the Supreme Court, through the circuit justice who is assigned
to the Fifth Circuit, this is Justice Alito, so. Interesting.
Yeah.
He stayed the ruling. This is obviously important because a stay means that Mifepristone is now
available again on a nationwide basis. But one of the things that our friend of the pod,
Steve Vladek, noted in his substack and on Blue Sky is that Justice Alito will issue stays in
cases that come to him on an emergency basis. But in cases where he's more sympathetic to the causes,
the stays are usually indefinite.
For cases where he's not particularly sympathetic to the causes or the issues underlying the case,
he makes the stay time-limited. And in this case, it was a time-limited stay. So this sets up
a schedule for briefing and whatnot. And this will be back before the court,
but the stay will not be finite. There's going to be a timeline on this.
So in this new case, I noticed the manufacturers of Mifepristone filed a brief that basically says
Louisiana's standing fifth. is an even more attenuated version of exactly what the court already rejected.
Do you buy that argument? And more to the point, do you think the court will?
Well, I do buy the argument. Again, the arguments that were made and rejected by the court in FDA
versus the Alliance for Hippocratic Medicine talked about, you know, like you have to,
like when people are using Mifepristone, the doctors are denied the aesthetic privilege
of watching babies born. It was just like, okay.
So it's like really fanciful stuff. And I don't know that it's that much better here. I mean,
they're basically arguing in very fetal person forward terms that the state of Louisiana is
prevented from protecting unborn life because Mifepristone is available nationwide and can
be distributed via telehealth and through the mail. Hard to make that as a specific injury
to Louisiana specifically. You know, there's also a discussion about, you know,
the whole question of the safety of Mifepristone. And they note that there are two people in
Louisiana who suffered ill effects from the use of Mifepristone. But they also say that, you know,
over thousands of women have been using Mifepristone since Roe versus Wade fell in
Dobbs. So, I mean, make that make sense. You know, thousands of women are using it. Two women
experience ill effects. Therefore, it's a safety concern. And that's one of the predicates under
which they're bringing this law into play.
Lawsuit. So I don't buy their claims of injury.
I don't know that the court will be as skeptical this time of those claims as they were when this
case first came or a case like this came before the court. Again, when FDA versus the Alliance
for Hippocratic Medicine was before the court, it was right before a really consequential election.
It was just after the Supreme Court overruled Roe versus Wade and Dobbs. I think the court knew that
the galvanization of abortion fervor was not great for the court, also not great for the
Republican Party. I don't know if they're thinking that the same kinds of popular conditions exist
right now. The abortion question for a lot of people may have fallen to the wayside right now,
just because the administration hasn't done anything explicit or obvious as an overture
toward abortion rights. People are worried about other things, the economy, the world,
and Iran, on and on and on. This might actually be a moment where the court is like, you know,
nothing to see here. No one's paying attention in the way that they were between 2022 and 24,
and this could be the moment. I mean, even if the court buys the standing argument this time around,
wasn't a big line of legal reasoning in Dobbs that the states must decide this,
this cannot be a federal issue, and if they
—
rule against Mifepristone here, doesn't that make — isn't that just a national,
effectively a national ban on all abortion medication?
Look at you making constitutional claims, Jon Favreau. It's almost like you read Brett Kavanaugh's
concurrence, let the states decide what they want, federalism for everybody. Yeah, I guess
it's true that this question certainly could be decided on federalism grounds, like Louisiana has
made a choice.
for itself, and certainly they could address the question of the importation of Mifepristone into
its borders for use by Louisianans, but the broader question of a nationwide ban, like,
that seems to be a question that's asked and answered by the whole concept of federalism,
whether this court will do that. I mean, it's basically the bottom line is,
will this court be principled about its prior stances on questions like federalism,
the sovereignty of individual states, including blue states that may want to
allow for access to abortion, and just — or whether they'll just do what they want to do,
because they can, and they have a supermajority of six, and when you have six, they let you do
what you want. Let's say — let's take the optimistic view and say that SCOTUS does the
right thing here. The Trump FDA — Are you Kate Shaw? What's going on here?
It's — don't worry, I'm going to bring us back to —
Okay, okay.
This is more of a — just an exercise. The Trump FDA, as you pointed out,
is still doing its own review of Mifepristone, prompted by a debunked Project 2025 report.
So is there a case to be made that the legal fight is maybe beside the point at this stage? Like,
could we just see the FDA itself, you know, cause us to lose telehealth and mail order
Mifepristone either way?
So any agency action,
I'm sure, would be challenged by reproductive rights groups, reproductive justice groups. So
certainly the FDA could move ahead of this case and go forward. And again, the whole question,
the timeline of this case may be upended, like whether this — you know, this is an emergency
appeal that was made to Justice Alito in his capacity as circuit justice, so that sort of — while
the litigation is pending. But the next step for this litigation anyway would have been the Supreme
Court. So this is an initial stay. There's going to be a question about whether the court takes this
up.
Something could obviously happen at the FDA that possibly could moot this case,
but I think anything the FDA does would likely to be challenged.
But it does seem like this is a tricky one in which if they — if the court rules
for Louisiana, like, what does that mean for someone in California or New York or
Massachusetts trying to get a Mifepristone prescription?
I think it depends on how this decision writes. You know, if this is a decision that,
take seriously the question of federalism, as you alluded to earlier, then there is probably an
opening for someone in California. It just may limit the importation of Mifepristone to states
that have very robust restrictions on abortion. It wouldn't necessarily — depending on how it's
written, it wouldn't necessarily prevent people from Louisiana from leaving the state unless
Louisiana wrote a law that, you know, made it impossible for people to leave the state,
although I think that could be challenged.
On constitutional grounds regarding the right to travel, Brett Kavanaugh mentioned that and
his concurrence in Dobbs as well. So there are a lot of open avenues. I think one thing that is
really interesting and deeply implicated by this case and the questions it raises is what happens
to physicians in blue states who prescribe Mifepristone, and then the prescriptions are
going to people in other places, whether it's Louisiana or whatnot. And those are big questions.
So I think it's really important to look at that. I think it's important to look at that. And I think
it's important to look at that. And I think it's important to look at
the spate of shield laws that have been enacted in the wake of Dobbs that haven't really been tested
at the Supreme Court yet.
Let's move to another cheery topic. The other big court ruling from the other week is
Calais, which was about the Voting Rights Act. It was a 6-3 decision, again, with our friend Alito
writing for the majority. What did the court do there? And what is the actual practical consequence
going to be for the majority?
Do you think over the next two, four, six years?
Well, what did the court do there? So what does the court tell us it's doing? And what does the
court actually do may be two very different things. And maybe we should parse that for a little bit.
The court in that case said that it was doing no more than realigning the terms of Section 2 of
the Voting Rights Act of 1965 with the jurisprudence that it has issued. Anytime the court says it's
realigning something, it's pretty much either eviscerating it or overruling it. So they are
presenting this as a kind of modest change or update. But as Justice Kagan said in her dissent,
it is effectively the evisceration of Section 2 of the Voting Rights Act. And to understand what
she means by that, I think you have to understand the procedural posture of this case and what the
case is actually about. One thing to note here was that back in 2023, the court took up a very
similar case called
Allen v. Milligan. It was about Alabama's congressional map that was drawn in the wake
of the 2020 census. Alabama essentially packed its Black citizens into one district. That map
was challenged as an impermissible racial gerrymander under Section 2. A lower court
agreed it was an impermissible racial gerrymander, and it ordered Alabama to draw a new map with more
representation for African-Americans. And so Alabama drew a map with two voter opportunity districts,
where minority voters would have the opportunity to elect the candidates of their choice.
Fast forward to October term 2022, but June 2023, when the court issued its decision in
Allen v. Milligan, the map that had been drawn, the second map with the two voter opportunity
districts, had been challenged as itself an impermissible racial gerrymander because
they were thinking about race when they were trying to remedy the racial discrimination
of the initial map, which seems right. Like, you have to think about
race if you're trying to vindicate the interests of minority voters after the state has screwed over
the minority voters with the first map. And the court in that case said, this map is fine by six
to three votes. So they upheld the new map with the two minority opportunity districts.
Subsequently, the same thing happened in Louisiana. So it's a virtually identical case.
Louisiana draws its maps after the census. It makes one opportunity district for Black voters,
even though they don't have the opportunity to vote. So Black voters comprise about a third of the Louisiana electorate. A court says it's an
impermissible racial gerrymander, orders the state to draw two new districts. The state does that.
A group of non-African American voters challenge the new map with the two opportunity districts as
an impermissible racial gerrymander on the view that in trying to remedy the discrimination done
by the first racial gerrymander, the state has now engaged in more racial discrimination in the
second round of racial discrimination.
Is racial discrimination against white voters. And in the decision that was issued last week,
Justice Alito said, yeah, that sounds right. Even thinking about race in the context of trying to
remedy past racial discrimination is itself a racial violation. So this is basically applying
to the context of voting rights, the same logic that this court has used in the context of
affirmative action. Like the constitution does not see race at all. If you're even thinking about
race, you're not seeing race at all. You're not seeing race at all. Even if it's for remedial purposes, that is suspect and should be invalidated. And if you are going to
use race as a remedy, the only context where it will be applicable and permissible is in
circumstances where you can prove intentional discrimination, which is really, really hard
to do, especially in the context of voting where, and especially in the South, often
race and political affiliation run together. So most black voters in the South,
are going to be Democrats. So if black voters say, hey, listen, you just totally
deluded me.
our voting power. This is a racial discrimination issue. It's a racial gerrymander. The state just
has to say, no, we were doing this because we were trying to consolidate partisan advantage.
And that's probably true, but it doesn't mean it's also not racial discrimination. The court says,
full stop, you've got to have absolute proof that this was intentional racial discrimination.
Most states are not dumb. Most state officials aren't dumb. They're going to figure out how to
do this without making it look intentional, and they're going to keep doing it. And that's really
the danger of this case. We're going to see more and more districts being drawn in ways
that disadvantage minority voters and voters of color. We are going to see more and more states
try to consolidate partisan advantage. Marsha Blackburn of Tennessee reportedly said that
this decision leaves the state legislature of Tennessee free to make Tennessee a red state
in perpetuity. All of this is unbelievably anti-democratic, but it's also deeply,
deeply anti-democratic.
This is how you kill a multiracial democracy.
So how did the court differentiate its ruling in the Louisiana case
from its ruling in the Alabama case, where I believe Roberts and Kavanaugh voted with
the liberals in that case?
Well, I think part of how they did this was that they created a new question
to be asked. So the case, Louisiana versus Calais, was actually first taken up in October term
2024. There was oral argument. The court was expected to issue a decision.
By June 2025, in June of 2025, it said, wait a minute, we're going to hold this case over till
the next term. They ordered another set of oral arguments. And then they instructed the litigants
to answer a new question that the litigants didn't even ask. So this is a question the court was
supplying. And the question was whether the use of race in the context of remedying this racial
gerrymander violated the 14th and 15th amendments. Nobody asked them to brief that. Nobody wanted
that. The court wanted it. And so the court decided to issue a new question. And so the court decided to
the court wanted it. And they wanted to get to that question. And part of how they're
distinguishing is because of that question and the unique circumstances around that.
So that question was not even asked or answered in the Alabama case. And this was just a way to,
okay. Cool, cool, cool. If the goal was to just gut section two, which it functionally does,
why dress it up in the way that Alito did? Is that just his style? Or do you think there was
a strategic reason to do that? Well, I think there's two strategic reasons. One redounds to
the benefit of the court. The other redounds to the benefit of non-African American litigants.
Let me explain the court benefit first. This is a court that for almost every year that it has had
a conservative supermajority has overruled some precedent. So Roe versus Wade in 2022,
the affirmative action precedents in 2023, Chevron in 2024. I think if they had actually gutted the
Voting Rights Act, basically overruled,
jingles, which was the jurisprudence that really laid out the factors for drawing these minority,
majority minority districts, that would have raised some eyebrows from a lot of people
who think this court is really on one and probably needs to be curbed. So there's that issue. I don't
think the court could say, we're just completely throwing out the Voting Rights Act. And, you know,
for understandable reasons, it would have really galvanized, I think, popular antipathy against,
against the court. The other thing, though, that simply preserving Section 2 does is that it leaves
Section 2 available to be used by non-African American litigants every time a state tries to
remedy. So blue states trying to draw opportunity districts, now non-African American litigants can
come in and say, that violates my rights. So in California, for example, this new redistricting
effort that is being done to counter,
what is happening in Texas and in other red states, if non-African American voters say that
the state has drawn this for the purpose of consolidating racial minority groups' political
power, then all of a sudden you have a Section 2 claim that can be brought and that the court is
probably going to look at. And they're probably not going to think that it's an effort to
consolidate partisan advantage. They're really going to focus on the racial aspect of it.
All right. The happier news,
your new book, which when people hear this, will be out, called The U.S. Obvious question first,
there are a lot of books about the Constitution. Why this one? Why now?
First of all, this is for the modern reader. And I don't, yeah, like, I think about it. Who are you?
If you're a modern reader, this is for you. If you're Sam Alito, it's probably not for you. You're
not a modern reader. Why now? Because I think we need to engage with the Constitution perhaps now
more than ever.
This is a document that was meant to be read. It was meant to be debated. And if you ask most
Americans, I think very few people have read the Constitution cover to cover, in part because some
of it's just really boring. Trust me, I read it and I wrote about it. And I was like, there were
times I was like, whoa, article one's really long, but I did it so you don't have to. And I go through
and I explain what every single clause is doing, what it's for, what they were animated by when
they decided to include it.
There's all kinds of really fun stories about the Constitution that you probably didn't even know
that are in this book and detailed here. Ordinary people who make claims on the Constitution and
manage to affect constitutional change. Like, that's important to know right now. We live in
a world where we act like the Supreme Court is the final word on our rights. And I guess that's
kind of true unless we take seriously the idea that we can be constitutional changemakers in
our own right. And in fact, there are people in our history who have done this. And I think that's
exactly that and have changed the Constitution and made it more responsive to we, the people.
Talk about the project of explaining the Constitution to a general audience,
the modern reader, if you will, in a moment when its meeting is this contested.
So this is not what I would have done on strict scrutiny. So one of the things
my editor and I talked about at length was whether this was going to be as
forthright about my particular take on things as we are on strict scrutiny.
And we decided that maybe it was just better to sort of explain things, really focus on the
history of certain things and do a kind of one group says this, one group does that in order
to give people of all stripes, the tools that they need to dive deeper, make their draw their
own conclusions. And I think that was probably the right choice. I think there are certainly
some places where my own views come into play in shaping the book. Like for example,
one of the things that I felt very strongly about was being absolutely forthright about
all of the ways in which slavery is literally all over the original Constitution, even though
the document never says the word, but there are all of these compromises, not just the three-fifths
compromise, but lots of different compromises about whether or not this is going to be a free
nation or whether we're going to allow half the country to own people. And that literally shapes
this document. It shapes some of the amendments that we have, and it certainly shapes the way
this country tries to knit itself back together after
the American Civil War. So those are choices. You do such a great job of making the Constitution
and the law feel sort of real and alive to people who do not have legal degrees. You do that on
strict scrutiny, you do that on TV, and now in this book. What's one thing you want just a regular
layperson with no law degree, maybe like myself, who picks this book up and reads it to sort of
walk away understanding about the
Constitution, both in what the founders intended when they wrote it and what it means today?
Well, let me say two things. One for the reader like you, who doesn't have a law degree,
and maybe one for the reader like John Lovett, who thinks he has a law degree.
And for you, John Favreau, I'm going to offer this origin story about the project itself. So
there was a time, you'll remember this time, when I was in these Twitter streets quite a lot.
And I really was. And Twitter was fun,
back then. It really, it really was. It used to be fun. Anyway, I was in the Twitter streets and
Luther Campbell, you may know him as Luke Campbell. I am from Florida and I grew up in the 90s in the
dirty South. So I know Uncle Luke as the lead rapper of 2 Live Crew. And he was out here in
these Twitter streets talking about all of the things that Joe Biden should be doing. President
Joe Biden should do this. President Joe Biden should lower the price of gas. He should do this.
He should do that. And I was just reading this litany and I was like, wow, Uncle Luke has never
read the Constitution. And I was like, wow, Uncle Luke has never read the Constitution. And I was like,
because Joe Biden can't do any of these things. Like, oh my God. And that was sort of the origin
story of this project. I think I wanted Uncle Luke to know what the president can do, especially now
that he's running for Congress. I really hope he'll buy this book and read it because if he's
going to be an elected official, I think this is critically important right now for him.
He is the audience. He is the primary audience for this book.
Maybe not primary, tertiary perhaps. I mean, I think any, I think this is a book for all
Americans. This is the document that scaffolds our government and indirectly our lives. And
lives. You should know what it says and what it doesn't and what it authorizes and what it does
not. You should know that this is a trauma-informed document. When these guys sat down to write the
Constitution, they were going through it. They had this period, this colonial period where
England was literally on their necks constantly. So they wanted to have rights and they wanted to
be able to have a society where they were free to do things. But then they'd also just had
this revolutionary war against the biggest global superpower in the world. And they were
basically trying to fight them, which was a government that was
made up of like friendship bracelets. And they're like, we actually need a strong central government,
but not one that's so strong that it becomes despotic. Like that's the tension. And they try
to structure this government that is limited. And we need to remember that. And this is now for John
Lovett. This is a government right now that doesn't feel that limited. And in being unlimited
and even excessive in certain ways, that's not in keeping with what they were trying to do and what
we have continued to try to do. And what this book reminds us is that there have been times
where the people have just said, I'm not having it. I'm not doing this anymore. I want something
different. And they've actually stepped up and they've made constitutional change.
Fantastic. I'm excited to read this, especially as we head into America's 250th birthday. I think
it's probably a good time to take a look at that constitution and see where we started and where
we are now. I think the 1776 commission is going to love it. I'm not going to lie.
You think Trump's going to maybe hold it up at the White House at the UFC celebration?
I think it might be in the gift bag, the swag bag.
The book is The U.S. Everyone go pick it up, please. I know from talking with you and being a strict scrutiny
fan that it's going to be fantastic and you're going to learn a lot and you're going to enjoy it.
So take a look. Melissa Murray, thank you, as always, for joining Pod Save America.
Thank you for that great windup.
To add to it is we'll be wild. Thank you for having me.
Bye.
That's our show for today. Thanks to Melissa for coming on. Dan and I will be back with a new show
on Friday.
Pod Save America is a Crooked Media production. Our show is produced by Austin Fisher, Saul Rubin,
McKenna Roberts, and Farah Safari, with Reid Sherlin, Elijah Cohn, and Adrienne Hill. Our team
includes Matt DeGroat, Ben Hethcote, Jordan Cantor, Charlotte Landis, Carol Pelleviv, David Tolles,
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Podcast Summary
Key Points:
The Iran conflict has escalated with Iran launching missile attacks on ships in the Strait of Hormuz, undermining U.S. claims of a peaceful resolution.
Trump’s foreign policy, including Project Freedom, is widely viewed as ineffective and misleading, with no real progress in de-escalation despite inflated claims of control.
Rising gas prices and supply issues are driving inflation, with experts warning of potential fuel costs reaching $7–$8 per gallon by Memorial Day.
Spirit Airlines’ collapse is linked to broader economic pressures, including geopolitical instability and fuel costs, not solely to Trump’s policies.
Redistricting efforts, especially in Louisiana, Tennessee, and Virginia, could shift the political balance, though legal challenges and court rulings remain uncertain.
Republican attempts to persuade Senator John Fetterman to switch parties raise concerns about Democratic unity and the risk of losing a critical Senate seat.
The DNC is facing internal turmoil over its handling of the 2024 autopsy report, with criticism that it lacked transparency and accountability.
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Summary:
S. claims of a peaceful resolution. Trump’s foreign policy is criticized as a mix of propaganda and ineffective action, with no real progress in de-escalation.
Rising fuel prices, driven by supply issues and global instability, are causing severe economic strain, affecting transportation and consumer costs. Spirit Airlines’ collapse is presented as a symptom of broader economic pressures, not solely tied to political blame. Meanwhile, redistricting efforts in key states like Louisiana and Virginia may shift political power, though legal challenges remain uncertain.
A major concern is the potential for Republican efforts to sway Senator John Fetterman to defect, threatening Democratic Senate control. The DNC faces significant internal criticism over its handling of the 2024 autopsy report, with accusations of covering up information and lacking transparency. In a commercial break, SimpliSafe is promoted as a secure, easy-to-install, no-contract home security system with 24/7 monitoring, offering a reliable alternative to traditional systems.
The episode concludes with a broader call for accountability and transparency in both foreign policy and political institutions.
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