Episode

12/6 The Right Wing Court Assault On Civil Rights & Democracy w/ Mark Joseph Stern

December 6, 2022

Sam and Emma host Mark Joseph Stern, senior writer at Slate, to discuss the recent opening arguments that have come in front of the Supreme Court. First, they run through updates on today’s Georgia runoff, Ukraine’s offensive in Russia, another Fed interest hike, the continuing railway labor fight, and more, before diving into Kevin McCarthy exercising his beautifully weak leadership with Laura Ingraham. Mark Joseph Stern then joins as he dives right into 303 Creative v. Elenis, aka Gay Wedding Cake 2.0, exploring how Alliance Defending Freedom back Lorie Smith and 303’s fight to refuse even the possibility of making a website for a same-sex wedding, changing the entire spin of her business to center her argument that allowing the use of one of her templates (not even a personalized website) is the same as a personal endorsement of the marriage. He also dives into the recent debates on the Supreme Court floor, as Alito embarrasses himself attempting to draw a parallel between being queer and being a KKK member. Next, Mark, Sam, and Emma dive into the upcoming Moore v. Harper North Carolina gerrymandering case, outlining who the actors are, how it centers on the radical “Independent State Legislature” theory, and why the GOP is even pretending to think that a state legislature can fully ignore its constitution, courts, and governor when assessing a fair election, before wrapping up with the heartwarming note of why our democracy might come down to a single vote by Amy Coney-Barrett.

And in the Fun Half: Sam and Emma talk with John from San Antonio as he previews today’s Georgia Runoff and reflects on the Democrats’ shortcomings in the Midterms, also tackling Matt Yglesias becoming the millionth person to ask the same “just asking questions” question about trans healthcare, and talking with Marcus on military vaccinations. Hutt from Manhattan parses through the Squad largely voting against freight rail labor, Sean Row from Chicago discusses the platforming of the right, and Candace Owens responds to the Daily Wire infighting. They also briefly discuss Elon trying to keep up the spark from the Twitter files, plus, your calls and IMs!

Check out Mark’s work at Slate here: https://slate.com/author/mark-joseph-stern

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