00:01:12.000I remember your reporting back in oral arguments in December.
00:01:15.000You report about how critical, what a critical impact this would have in future elections
00:01:21.000should the lower court's ruling be overturned.
00:01:23.000What is the high court saying in today's decision?
00:01:26.000Thanks for remembering I was out here in December for those oral arguments, Lindsay.
00:01:30.000Yes, this is a case from my home state of North Carolina where the state legislature argued that they should have the power
00:01:37.000to draw the congressional districts in a way that was, frankly, gerrymandered and their Supreme Court said so.
00:01:43.000They said that they should have power over their court under the independent state legislature theory.
00:01:48.000But what Justice Roberts is saying today in the majority opinion is that the way North Carolina interpreted the independent state legislature theory was way overbroad
00:01:58.000and that it could have incredibly large impacts on federal elections.
00:02:02.000Now, he's not saying that the court should never weigh in on this issue, but specifically in the way North Carolina interpreted this,
00:02:09.000it was too broad and they went beyond their authority.
00:02:12.000What really this case boils down to is what it could have been if the justices had decided that, yes,
00:02:19.000the North Carolina state legislature was within their power to make those gerrymandered congressional districts.
00:02:26.000They could also be within their power to manipulate a number of ways that we conduct federal elections from the state level.
00:02:33.000And then it could really just fall into each state's individual party to see how people are registering to vote,
00:02:39.000how those congressional districts are drawn and a number of ways that they could start to cede power to the individual states based on the parties that are ruling them.
00:02:46.000But the justices instead in a 6-3 opinion said, no, that's too far.
00:02:51.000And the state legislatures do not have that authority and that they should be checked by their courts, by their state Supreme Courts, Lindsay.
00:02:58.000So, Laura, essentially saying you can't remove this check.
00:03:02.000I mean, this this is very significant for elections moving forward based on what you heard in oral arguments in December.
00:03:07.000Does today's ruling surprise you? And what are some other takeaways that you have from reading through?
00:03:13.000They had seemed very skeptical at the time of what they were being asked to do.
00:03:17.000The idea would be that state courts would literally have no role in evaluating whether the legislatures had followed the Constitution.
00:03:24.000That's extraordinary. That would be a breathtaking change of a law as we know it, and not to mention all of their precedents, which say the opposite.
00:03:33.000And so it seemed that it was going to be at least the court was going to try to find some compromise position, but they didn't even do that.
00:03:40.000And it's interesting. You get the impression that they kind of see where this is going for 2024 and they want to at least establish some bare minimum rules of the road heading into that time, knowing that they're going to have a lot of election related cases before them, just as they did last time around in 2020.
00:03:58.000Remember all of the cases that the former president filed trying to get the election overturned, trying to get the vote to flip in his favor.
00:04:05.000And all the time, the state court said, no, if this decision had gone the other way, the state courts would have had no role to play in all of those decisions.
00:04:14.000So it would have been truly extraordinary if they had gone as far as they were being asked to.
00:04:18.000So help me understand, then, why did the Supreme Court decide to take this up? Why not just say, look, North Carolina Supreme Court got it right?
00:04:25.000It's interesting. You could ask that about this one and the other voting rights case that they took having to do with how Alabama had allegedly gerrymandered its districts.
00:04:33.000And in that one, again, you would say, well, why even take the case that the lower court got it right, which is what they're saying effectively here?
00:04:40.000Why even do it? And it's a query. It's an open question to try to figure out what's going on in those negotiations.
00:04:46.000And, you know, you only need four justices to decide to take up a case. It's interesting.
00:04:51.000We'll have to do some reporting to try to get to the bottom of it. Julia, we know of you.
00:04:57.000Tuesday, 27 June, Year of the Lord, 2023. Mike Davis, Jeff Clark, join us.
00:05:04.000This is kind of a blockbuster. Mike Davis, it was supposed to be 6-3 the other way. What happened, dude? This is a big one, a very big one. What happened?
00:05:14.000Well, the chief justice who wrote this opinion had a completely different opinion in 2015 in an Arizona case.
00:05:22.000And the chief justice, like he did with immigration cases as it related to Trump versus Biden, he takes a very chiefy approach.
00:05:31.000And that chiefy approach is a political approach where he adjusts his jurisprudence based upon the politics of the moment.
00:05:40.000And I think that these conservative justices cowed to the left.
00:05:44.000I think that they saw during the Roe versus Wade fight with the Dobbs decision that these leftists were threatening and intimidating them outside of their homes illegally, obstruction of justice, threatening Justice Kavanaugh in his home in a 1 a.m.
00:06:00.000assassination attempt against Justice Kavanaugh's wife, Ashley.
00:06:03.000Their two teenage daughters, Merrick Garland and Joe Biden encouraged these, said that these were protected by the First Amendment, which they're absolutely not.
00:06:11.000And I think, frankly, the conservative justices absolutely wimped out here because there is no question that the elections clause says that state legislatures shall decide the time, place and manner of elections.
00:06:24.100And the chief justice's dissent in 2015 in the Arizona case said that.
00:06:29.860But somehow he's flipped his vote here and he's cowed to the left.
00:06:33.140And this means between these two redistricting cases, voting rights cases, this means that the chief justice and Brett Kavanaugh, his protege, and Amy Coney Barrett, who's scared of her shadow, are going to hand over the House of Representatives to Democrats in the next election.
00:06:50.020So the left tactics work, the Alinsky tactics and the intimidation, you're saying the intimidation tactics work.
00:07:02.300We didn't we did all that work and put up people that are weak willed and and cowards and they they succumb to the pressure of the moment because this is all going to climax in not just the House losing the House in 24.
00:07:16.240But it's going to they're they've set it up that we're going to have the presidency stolen from us again.
00:07:21.520Yeah, I mean, we're going to say now that Democrats states, Democrat politicians on state Supreme Courts and Democrat commissions get to override state legislatures when they redraw House district races.
00:07:35.640And Republicans are too weak and stupid to win this fight.
00:07:38.700This is going to be the Democrats winning this fight every time Republicans piss away their money on TV ads.
00:07:45.100So these Republican grifters in D.C. can line their pockets.
00:07:48.320They don't want to invest in real lawyers and the real ground game to win these fights.
00:07:53.820And then we have the Chevy Chase wing of the Supreme Court cowing to the left.
00:07:58.820And, you know, they they they play their little games.
00:08:01.640This case was most North Carolina Supreme Court mooted this case when it was a four to three decision by the North Carolina Supreme Court.
00:08:09.600The U.S. Supreme Court took this case for review that North Carolina Supreme Court switched control.
00:08:16.500It was a five to two decision overturning its prior decision.
00:08:21.060The U.S. Supreme Court did not even need to decide this case.
00:08:24.760They didn't they couldn't decide this case.
00:08:26.440There was not a live case or controversy.
00:08:28.700But the Chevy Chase wing of the Supreme Court went out of their way to find that this was a live case and hand a victory to the leftist.
00:08:38.660And I have to wonder, do these does the Chevy Chase wing of the Supreme Court that remember there's a metro stop in Chevy Chase.
00:08:46.120So these left wing lunatics are going to show up to their house all the time.
00:08:49.760Do they do they really think that these protesters outside of their house threatening and intimidating them are going to go away because of this?
00:08:56.300It only emboldens them to do this more often.
00:09:01.400So what is your what is your recommendation?
00:09:03.460Where do we go from here on this, particularly this this issue of the constitutionality of the state legislatures actually deciding elections?
00:09:12.180Well, maybe Republicans need to change the politics of this so the chief justice changes his mind because he seems to follow the politics instead of the law, including his prior dissenting opinion in 2015.
00:09:47.760That's that's a very good question, Steve.
00:09:49.860I mean, that means that President Trump's going to have to have an overwhelming victory in 2024.
00:09:54.680You know, apparently these Republican appointed Supreme Court justices want Democrats to control the House.
00:10:02.420So they do court packing and impeachment and term limits and cut off cut off federal funding for the U.S. marshals, protecting them from assassination attempts.
00:10:35.160Remembering Chevy Chase, these goofballs are still wearing their covid masks and they still have their signs in their yard asking for immigrants to be flooded into our country.
00:10:44.840But not Chevy Chase, of course, flooded into other neighborhoods.
00:10:50.620Let's bring in Jeff Clark for a moment.
00:10:52.420Jeff, your assessment of what happened today, this ruling by the court.
00:10:57.200Well, this is a very disappointing ruling, in particular after the North Carolina Supreme Court was reconstituted following elections.
00:11:06.240And it ruled in what we'll call Harper two, reversing Harper one.
00:11:11.840And despite the fact that the first case, which is the one the Supreme Court took and then held oral argument in, got completely reversed, the Justice, Chief Justice Roberts finds this, you know, incredibly tortured way of saying that actually there are still live portions of that case.
00:11:29.960Namely because the election occurred so long after Harper one, which had, you know, ruled against the Republican redistricting that had occurred.
00:11:39.840And, you know, because of that, you know, because of that, they had to kind of like take the Harper one decision as a given.
00:11:46.380But they got ultimately, but they got ultimately in Harper two, a total reversal of Harper one.
00:11:51.780So that should have mooted the whole case.
00:11:54.840It's a violation of the limitations of the judicial power that they're reaching this ruling, this six to three ruling, based on the fact that, you know, a case that's no longer live.
00:12:05.420So Mike is definitely right about that.
00:12:08.080And look, you know, Steve, at the macro level, let me take a step back, explain the constitutional system a little bit, you know, especially as to the election of the president, right?
00:12:16.800They're basically, the Dems are in an operation of stripping away the multiple fora in which you can fight to make sure, you know, that, you know, the election is not stolen or perverted or twisted in some way.
00:12:31.000And those three forums are the courts, the state legislatures, which have plenary power over their electors, and then that feeds into the Electoral College.
00:12:41.040And then third, the final check is what Congress does on January 6th in terms of certifying what comes out of the Electoral College and therefore flows back to the state legislatures.
00:12:52.400So, you know, the whole January 6th committee was an effort to try to block out the idea of the fact that Congress has any role in this process, eliminating one of the three forums.
00:13:03.880And now, in terms of the state legislatures, this decision will make it very, very difficult for, you know, state legislatures to potentially, you know, to use their power,
00:13:13.600because their power under the Electors Clause is in parallel to the Elections Clause, which was an issue in this Mor v. Harper case.
00:13:23.280The Elections Clause is about the rules for federal elections set by state legislatures.
00:13:28.320The Electors Clause is about the state legislatures choosing the electors.
00:13:33.040But they both give that power, that plenary power, I would argue, and I think is the better view of the Constitution to the state legislatures and not to the state courts.
00:13:42.000And so, as we're seeing the justices, majority of the justices, including, you know, some of the recent appointments, like Amy Coney Barrett and so on, go with this theory.
00:13:58.060We're a little chopped there at the end, but Mike Davis, I think I'm going to hold for the break for a few minutes, and you, Jeff Clark.
00:14:03.180So we're going to take a short commercial break and return a blockbuster opinion out of the Supreme Court today.
00:14:08.360People anticipated it would be 6'3", 5'4".
00:14:12.060It actually was the opposite with the Chevy Chase wing of the bench, the, you know, the kind of the Bush aspect of our Chief Justice Roberts, who's become obviously very political and, quite frankly, very scared.
00:14:30.040We're going to take a short commercial break.
00:14:31.140Jeff Clark, Mike Davis, on the other side.
00:14:57.980Well, Congress once again allowed itself to be pushed into appeasing the administration and raising the debt ceiling for the 79th time, paving the way for continued reckless spending and further devaluation of the U.S. dollar.
00:15:14.880As our national debt continues to skyrocket, how are you protecting your savings?
00:15:20.700Times like these are a great reminder to diversify a portion of your savings into gold.
00:15:25.880And you can do that with the help of Birch Gold.
00:16:39.380The 6-3, the Chevy Chase wing, that's a problem, right?
00:16:43.120These are now politicians, not justices?
00:16:46.760Well, here's one thing that the chief justice included in his majority opinion on page 29.
00:16:52.700Quote, we hold only that state courts may not transgress the ordinary bounds of judicial review such that they arrogate to themselves the power vested in state legislatures to regulate federal elections.
00:17:05.660But then the Supreme Court provides zero guidance to the lower courts.
00:17:10.240And the Supreme Court doesn't even decide whether this happened in North Carolina.
00:17:15.660So these Democrat attorneys and Democrat operatives are going to game this system, and this is going to create more confusion and chaos than when we started.
00:17:24.840So that's a perfect example of a chief justice, John Roberts, muddled opinion, political opinion.
00:17:35.140This is the full employment program for Mark Elias, in short.
00:17:40.140Yeah, Mark Elias is going to be in business forever.
00:17:42.720When they're not sending out blue, purple-haired freaks to Chevy Chase to threaten and intimidate the justices, Justice Kavanaugh and the chief justice at their homes or Justice Barrett out in Virginia, maybe they'll give them a week off from the death threats.
00:17:58.520And then they'll resume them after the 4th of July.
00:18:51.800And look, let me just fill in a little bit more details about why Chief Justice Roberts left this kind of potential, you know, escape hatch, which, you know, will, I think, be much fought over in the 2024 elections, probably both presidential and for members of Congress.
00:19:08.960It's that the North Carolina Constitution included this clause that no one really could know whatever it meant, and therefore it could mean whatever the judges wanted it to mean, which was that, you know, the elections in North Carolina shall be free, right?
00:19:22.940So using that, that's like a truck you can drive, you know, a toll you can drive a truck through, and the North Carolina Dem majority in the first Harper decision, you know, basically finds, oh, you know, this is a political gerrymander, a party gerrymander.
00:19:39.100I don't think that's what the Constitution in North Carolina was intended to do.
00:19:42.800So basically, to get a, you know, to deal with the fact that you can't allow legislative power to be totally overtaken, given what the Constitution says by courts, you know, Roberts has this escape hatch, which I think will be fought about, but it's not a clear enough escape hatch that it could give Republicans any real, you know, meaningful sense of this is something we can hang our hat on.
00:20:05.460We know what the meets and bounds of this are.
00:20:07.540No one will know the meets and bounds of this, like, you know, exception that he's created on the fly any more than they would have known in North Carolina what a free election means.
00:20:17.180So it is going to be a full employment act for Mark Elias, and even for, you know, Republican lawyers who do election stuff who, I think, are not at the same level as Mark Elias, as you've repeatedly pointed out.
00:20:56.040Jeff, where do they, where do folks get you, sir?
00:20:58.000So I'm at Jeff Clark U.S. on Twitter and Getter and on Real Jeff Clark on Truth Social, and we are at the Center for America, americarenewing.com.
00:22:48.880To get 100 million hits in the context, he always says there's the truth, and then there's the truth with the full truth, and then there's the full truth in context.
00:23:06.580When you know that the FBI, the CIA, the Justice Department, 51 national security advisors at the highest levels signed on to a fraudulent document on Russiagate that's now been disproven.
00:23:24.060The Americans back in JFK times, the famous phrase, which I think was true, is Americans are kind of liberal with respect to ideas, but they're very conservative in institutions.
00:23:35.740And now the base on both sides know the institutions have been rocked.
00:26:31.700But the American people are catching on, and as I was saying in Sunday, the lesson was where your heart is, where your treasure is, there your heart will be also.
00:26:45.140And so over the long term, Paul Ryan was Boehner, a speaker, then Paul Ryan, now McCarthy, there's been no substantive change in anything.
00:26:53.780Where your treasure is is where your treasure is.
00:26:56.240He who owns the gold, the golden rule is he who owns the gold, and that's the rule.
00:27:01.260They have the power, they make the rules.
00:27:20.100But when it comes to the Trump 16 piece, Republicans were having a very hard time cracking through the Michigan, Ohio, Minnesota, Georgia, Arizona, Florida thing.
00:33:46.860All of us here today are on a mission to liberate our nation from a corrupt Washington swamp that's destroying America for their own power.
00:35:58.960to this amazing group of patriotic grassroots women right here in my home state.
00:36:04.140They were so fired up to see their former and future president today, to hear him expose Joe Biden's corruption, and to call out the fake news media.
00:36:12.860As you saw in those clips, that MSNBC reporter was hoping one of those women would say that this whole indictment,
00:36:19.340this sham, bogus indictment brought by Joe Biden's henchmen, Merrick Garland-Jack Smith and Karen Gilbert,
00:36:24.640would deter them from supporting Donald Trump.
00:36:27.000And it just couldn't be further from the truth.
00:36:28.620It's mind-boggling to me that the media still hasn't wrapped their heads around the fact that
00:36:33.700we the people and women love Donald Trump because he brings safety, prosperity, and security to this nation.