Episode

7/5 The Nightmarish SCOTUS Term And What’s Next w/ Peter Shamshiri

July 5, 2022

Sam and Emma host Peter Shamshiri, or Law Boy on Twitter, co-host of the 5-4 Podcast, to discuss the recent Supreme Court term and what the big decisions mean for us going forward. Sam and Emma first run through the terrifying updates from this weekend, including a longer conversation on the Highland Park shooting (of the multiple mass shootings), Brittany Griner’s plea to Biden, Ohio successfully forcing a 10-year-old to escape the state to terminate a pregnancy resulting from rape, and updates on Russia’s bombing of a mall in Ukraine. Then, Peter Shamshiri joins as dive into the West Virginia v EPA case and the conservative Court’s ultimate goal of unwinding the administrative state all the way back to the Lochner Era, looking at how the case addresses the Clean Air Act, claiming the EPA only has authority to police specific facilities rather than preemptively impose standards on the energy industry as a whole, even though the policy they were addressing had already been rolled back. Next, they look into the history of Justice Roberts’ “Major Questions Doctrine,” first exploring the emergence of the Chevron Doctrine towards the end of the 20th Century asking that courts defer to administration on the interpretation of statutes, followed by the beginning of its undoing in an FDA case in the 2000s (despite the same court supporting it for Bush’s EPA), before getting into the accelerated takedown of the Chevron doctrine throughout the pandemic, from the CDC’s eviction moratorium to OSHA’s workplace vaccine mandate. They then shift to the court granting cert to a North Carolina case addressing the independent state legislature theory, another idea that came to prevalence under John Roberts and during the Bush administration, central to Bush v. Gore (a project worked on by Roberts, Kavanaugh, and Coney Barrett), with an extended conversation on the worst (and most likely) outcomes from this case and the contrast it draws in undermining state courts and putting the powerfully in their own hands. They wrap up the interview with a conversation on the Dobbs case, this Court’s emphasis on religious freedom and how it can shape a world where non-fundamentalists are ostracized, the absolute meaninglessness of the abortion “exemptions” in such a society, and the constitutional right to interstate travel.

And in the Fun Half: Chris from the Bay Area calls in to discuss Sam’s clear violation of Saul’s Second Amendment rights by refusing to purchase him a genuine Kyber-crystal-powered lightsaber and to engage Emma’s discussion on the BS abortion “exemptions” being pushed by Democrats. Diving deeper into this, Sam and Emma cover the Democratic Party’s complete impotence in response to Dobbs, walking through the countless millionaires whose only reaction was, “gimme money and I’ll do it next time.” Kowalski discusses the tropical twister that hit his Nebraskan farm last night, Sam and Emma walk through the wonderful GOP primary debate for AZ Governor, and Jordan Peterson holds back the tears as he gets banned from Twitter for deciding that Elliot Page must be held responsible for his transphobic fears, plus, your calls and IMs!

Check out the 5-4 Podcast here: https://www.patreon.com/fivefourpod

Subscribe to the AMQuickie newsletter here:  https://madmimi.com/signups/170390/join

Join the Majority Report Discord! http://majoritydiscord.com/

Get all your MR merch at our store: https://shop.majorityreportradio.com/

Check out today’s sponsors:

History Is US: “History is US”… an important 6-part documentary podcast series hosted by award-winning Princeton University professor Dr. Eddie Glaude, journeys back to face the truths about race at the heart of the American story. Listen to “History is US” a presentation of Shining City Audio, C13 Originals, and Jon Meacham studio. Available now, wherever you listen to your podcasts.

Shopify: Scaling your business is a journey of endless possibility. Shopify is here to help, with tools and resources that make it easy for any business to succeed from down the street to around the globe. Shopify powers over 1.7 million businesses – from first-sale to full-scale. Shopify gives entrepreneurs the resources once reserved for big business – so upstarts, start-ups, and established businesses alike can sell everywhere, synchronize online and in-person sales, and effortlessly stay informed.

Go to https://www.shopify.com/free-trial?utm_campaign=paid_audio_-_podcast_-_amer_-_united_states_-_all_-_experimential_-_english_-_awareness&utm_source=podcast&utm_medium=audio&utm_term=majority, for a FREE fourteen-day trial and get full access to Shopify’s entire suite of features!

Cozy Earth: One out of three Americans report being sleep deprived, and their sheets could be the problem. Luckily Cozy Earth provides the SOFTEST, MOST LUXURIOUS and BEST-TEMPERATURE REGULATING sheets. Cozy Earth has been featured on Oprah’s Most Favorite Things List Four Years in a Row! Made from super soft viscose from bamboo, Cozy Earth Sheets breathe so you sleep at the perfect temperature all year round.  And for a limited time, SAVE 35% on Cozy Earth Bedding. Go to https://cozyearth.com/and enter my special promo code MAJORITY at checkout to SAVE 35% now.

Support the St. Vincent Nurses today! https://action.massnurses.org/we-stand-with-st-vincents-nurses/

Check out Matt’s show, Left Reckoning, on Youtube, and subscribe on Patreon! https://www.patreon.com/leftreckoning

Subscribe to Matt’s other show Literary Hangover on Patreon! https://www.patreon.com/literaryhangover

Check out The Nomiki Show on YouTube. https://www.patreon.com/thenomikishow

Check out Matt Binder’s YouTube channel: https://www.youtube.com/mattbinder

Subscribe to Brandon’s show The Discourse on Patreon! https://www.patreon.com/ExpandTheDiscourse

Check out The Letterhack’s upcoming Kickstarter project for his new graphic novel! https://www.kickstarter.com/projects/milagrocomic/milagro-heroe-de-las-calles

Subscribe to Discourse Blog, a newsletter and website for progressive essays and related fun partly run by AM Quickie writer Jack Crosbie. https://discourseblog.com/

Subscribe to AM Quickie writer Corey Pein’s podcast News from Nowhere. https://www.patreon.com/newsfromnowhere 

Follow the Majority Report crew on Twitter:

@SamSeder

@EmmaVigeland

@MattBinder

@MattLech

@BF1nn

@BradKAlsop

Check out AidAccess here: https://aidaccess.org/

The Majority Report with Sam Seder – https://majorityreportradio.com/

Past Episodes

It's Casual Friday! Sam hosts David Dayen, executive editor at the American Prospect, to break down the week in news. Then, Sam is joined by Jordan Holmes and Dan Friesen, co-hosts of the Knowledge Fight podcast, to discuss the recent Alex Jones-Sandy Hook trial. First, Sam walks through ...
Emma hosts Dan Canon, civil rights lawyer and professor at the University of Louisville, to discuss his recent book Pleading Out: How Plea Bargaining Creates a Permanent Criminal Class. Emma begins by running through the arrest of an Iranian citizen for planning an extrajudicial assassination ...
Sam and Emma host Rachel Cohen, senior policy reporter at Vox, to discuss her recent piece "How state governments are reimagining American public housing". Then, they are joined by Jessica Preheim, Vice President of Strategic Planning and Public Affairs at the Houston Coalition for the ...