Episode

10/2 Musk Defamation Suit Attorney; Previewing The Supreme Court w/ Mark Bankston, Ian Millhiser

October 2, 2023

Happy Monday! Sam and Emma speak with Ian Millhiser, senior correspondent at Vox, to discuss the upcoming Supreme Court term. Then, they’re joined by litigator Mark Bankston who has a special announcement! First, Sam and Emma run through updates on our 45-day reprieve from a government shutdown, the ongoing chaos among the House GOP despite that, Gov. Newsome’s disappointing unilateral action, Donald Trump’s fraud case, and labor action nationwide, before parsing through commentary on the House GOP’s absurd power struggle. Ian Millhiser then joins, diving right into this Supreme Court term’s primary challenges to the administrative state – namely Loper Bright Enterprises v. Raimondo – exploring the lasting governance of the Chevron Doctrine’s deference to government agencies, and the sudden emergence of the anti-democratic “Major Questions Doctrine” that the Court has been using to undermine any “major” decisions by government agencies (including student debt reform). After parsing through the evolution of these two doctrines (and the jurisprudence backing them up) and how Loper might see SCOTUS move onto the “Micromanaging Questions Doctrine,” Millhiser walks Sam and Emma through the radicalization of the US’ 5th Circuit over the Donald Trump administration, exploring how the GOP was able to blockade Obama’s appointments and confirm Trump’s en-masse. Wrapping up, Ian, Sam, and Emma tackle the far-right decisions coming out of the 5th Circuit, and what (if anything) the Supreme Court will do to keep their underlings in line. After Sam and Emma quickly parse through Jamaal Bowman’s ongoing Congressional debacle, they’re joined by Mark Bankston to discuss his representation of Ben Brody in a defamation case against Elon Musk, parsing through the issue at hand, what libel cases entail, and the vast damages that can come from the abuse of one’s public station.

And in the Fun Half: Sam and Emma tackle the madness surrounding the still-impending government shutdown, dive a little deeper into the unsurprisingly racist coverage of Jamaal Bowman… pulling a fire alarm, and assess Biden’s recent statement on the Civil Rights Act. Next, they dive deep into Gavin Newsom’s astounding decision to name Laphonza Butler – a fundraiser who’s never held public office – to Dianne Feinstein’s Senate Seat over the over-deserving Barbara Lee, before Owen from LA helps parse through Butler’s past, Dan from CA provides some good ol’ unproductive libertarian debate, and Hannah from San Diego dives into the absurdity of the rental market as a military-civilian.

Check out Ian’s work here: https://www.vox.com/authors/ian-millhiser

Find out more about Mark here: https://fbtrial.com/attorneys/mark-bankston/

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