Episode

7/1 Feeling the Pain of a 6-3 Conservative Court w/ Mark Joseph Stern

July 1, 2021

Sam hosts Mark Joseph Stern, staff writer at Slate covering law and the courts, joins Sam to discuss the biggest cases of the recent Supreme Court term, and the implications of the rulings on cases like TransUnion v. Ramirez and Cedar Point Nursery v. Hassid. They start with a discussion on SCOTUS’ ruling against Union Organizing on California Farms, deciding that businesses must be compensated for any union leader setting foot on their property, and how the laws struck down stem from Caesar Chaves’ union organizing in the 60s and 70s attempting to give migrant workers the possibility of banding together. Mark and Sam look into how the current conservative court is taking on the responsibility of determining what is and isn’t considered harm, and, unsurprisingly, seem to be much more concerned with what could be a burden on private property and enterprise than what could be considered harming individuals or workers. In particular, they explore how the Roberts court is tossing the concept of judicial restraint to the side in favor of allowing businesses the freedom to use our information as they please (as long as it doesn’t go too wrong), and ensuring states have the right to kick people out of their houses. They also touch on how American political discourse ignores the responsibility of the court’s decisions when it comes to their real-world repercussions, and look forwards to the last few impending cases of this term. Sam rounds out the first half by reflecting on the legacy of one Donald Rumsfeld and how hundreds of thousands of civilian lives could still be around had this moment come around a couple of decades earlier.

And in the Fun Half: Matt, Matt, Brendan, and Brandon run the show, starting the testosterone-led half of the show off with some Hulk Hogan talk, and Dave from Scranton calls in to chat culture war on the online web of the Right. Then, Chris from MI centers the opioid epidemic in a discussion on the neoliberal culture in healthcare and the crew chats NYC mayoral mayhem before moving on to the behind the scenes debacles at “free speech” social media platforms Gab and Parler that caused their relationships to the Trumps to fall through. They field calls from Finn and Mark, covering some fun Crowder factoids and the best way to sell medicare for all to a conservative, and then Matt and Brandon deep dive into the continued chaos unfolding from the Jan 6th insurrection. Plus, your calls and IMs!

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