Verdict with Ted Cruz - Showdown at the Supreme Court

00:00:00.000 This is an iHeart Podcast, guaranteed human.

00:00:04.660 A showdown at the Supreme Court,

00:00:06.360 major cases involving religious liberty,

00:00:09.140 involving adoption, involving healthcare,

00:00:12.320 and another challenge to Obamacare.

00:00:14.800 And believe it or not, the co-host of this very podcast

00:00:17.800 is the plaintiff in a major Supreme Court case

00:00:20.860 that's coming down the pike.

00:00:22.420 This is Verdict with Ted Cruz.

00:00:30.000 Welcome back to Verdict with Ted Cruz.

00:00:32.180 I'm Michael Knowles.

00:00:33.440 I'm gonna have a spoiler right here.

00:00:35.720 I am not the plaintiff in this case

00:00:37.820 coming down the pike at the Supreme Court.

00:00:39.320 It will not be me.

00:00:40.140 It will be our intrepid host, Senator Cruz.

00:00:43.140 Senator, that's a lot coming up.

00:00:45.400 It is.

00:00:46.320 We're at the end of a court term,

00:00:47.860 so it's always busy as we get decisions coming down,

00:00:51.700 and they usually save the biggest ones for last.

00:00:55.220 So, Senator, you are an expert in this field,

00:00:58.660 not just because you went to law school,

00:01:01.420 not just because you are a Supreme Court litigator

00:01:05.020 and you've argued before the court before,

00:01:07.040 also because you've written a book

00:01:08.840 on the subject of the court called One Vote Away.

00:01:11.840 I've been very busy hawking my book, Speechless,

00:01:13.960 but your book, One Vote Away, very crucial right now

00:01:16.740 because we have had some pretty serious cases

00:01:19.060 just in the past couple of weeks.

00:01:21.240 Well, that's right,

00:01:22.080 and there's some interesting potential divides

00:01:24.520 that we're seeing among the more conservative justices.

00:01:27.640 You know, the press has been very fond of saying

00:01:30.940 there's a six-vote conservative majority on the court,

00:01:34.100 and that may be the case.

00:01:36.060 It may not.

00:01:37.080 Time will tell.

00:01:38.660 There's no doubt the three Supreme Court justices

00:01:41.620 that President Trump put on the court

00:01:43.320 will be a very significant legacy of his,

00:01:45.980 and it may prove his most long-lasting legacy,

00:01:48.480 but experience teaches us that a justice's tenure,

00:01:53.360 that their jurisprudence,

00:01:54.800 is assessed and measured in decades,

00:01:57.540 not in individual years.

00:01:58.840 So it's really early with Kavanaugh and Gorsuch and Barrett.

00:02:04.140 It's really early to assess what kind of justices

00:02:06.460 they're going to be.

00:02:07.120 You mentioned my book, One Vote Away.

00:02:10.640 As you know, the final chapter of the book

00:02:12.440 traces the history of Supreme Court nominations,

00:02:15.400 starting with Eisenhower and going up to the present.

00:02:18.280 And, you know, I raise real concerns in particular

00:02:23.000 about Kavanaugh and to some extent about Gorsuch,

00:02:28.720 and those concerns go back to John Roberts.

00:02:32.100 And what we've seen,

00:02:33.040 so the two big decisions that have come down

00:02:35.860 in the last few days,

00:02:37.020 one concerned Obamacare,

00:02:39.220 and the other concerned the city of Philadelphia,

00:02:43.820 which had excluded Catholic social services

00:02:47.820 from doing foster care adoptions

00:02:50.660 because the Catholic social services

00:02:54.000 wouldn't put into foster care a child

00:02:57.800 in a same-sex household.

00:02:59.320 They required in order to be a foster parent

00:03:04.420 that you be a mother and father

00:03:05.740 and not be a same-sex couple.

00:03:07.700 And so the city of Philadelphia

00:03:08.820 threw the Catholic social services out of that business,

00:03:12.880 even though they'd been doing it for about 200 years.

00:03:15.900 And the Supreme Court unanimously struck that down,

00:03:19.300 struck Philadelphia's exclusion

00:03:20.900 of Catholic social services down.

00:03:22.560 And on Obamacare,

00:03:25.060 the Supreme Court 7-2

00:03:27.340 declined to strike down Obamacare.

00:03:30.920 And both of those decisions

00:03:32.280 were interesting, among other things,

00:03:35.200 for the divides that they showed

00:03:37.160 among the more conservative justices.

00:03:39.960 So, Senator,

00:03:40.660 I want to get into the 7-2 decision

00:03:43.300 because that is obviously contentious.

00:03:46.220 But what do you mean when you say

00:03:48.180 that a 9-0 decision

00:03:50.040 shows the differences

00:03:51.720 among the conservative justices?

00:03:53.300 It would seem to me

00:03:53.780 that everybody's in agreement.

00:03:55.460 Well, it would,

00:03:56.540 but often the court will agree on the result,

00:03:59.880 but disagree significantly on how you get there.

00:04:03.420 So, all right,

00:04:04.140 let's start with the Philadelphia case.

00:04:05.980 As I said,

00:04:06.500 the city of Philadelphia

00:04:07.460 decided that Catholic social services

00:04:10.680 was no longer eligible to participate

00:04:12.340 because it wouldn't put a foster child

00:04:14.260 in a same-sex home.

00:04:16.000 Now, mind you,

00:04:16.560 there were other foster agencies

00:04:18.060 that would put a child

00:04:19.000 in a same-sex home

00:04:19.840 and they deemed

00:04:21.120 the Catholic social services

00:04:22.300 you can't participate anymore.

00:04:25.000 And Catholic social services

00:04:26.900 filed a lawsuit

00:04:27.940 arguing that their exclusion

00:04:29.860 was unconstitutional.

00:04:31.480 That went all the way

00:04:32.620 to the Supreme Court

00:04:33.560 and 9-0,

00:04:34.640 the Supreme Court agreed

00:04:35.680 it was unconstitutional

00:04:37.480 to exclude Catholic social services.

00:04:40.560 So, what was the disagreement?

00:04:42.080 Well, the disagreement was

00:04:43.660 that Chief Justice Roberts

00:04:46.680 wrote the majority opinion

00:04:48.140 and it's a very, very narrow opinion.

00:04:50.220 And it concerns a decision

00:04:52.380 of the Supreme Court decades ago

00:04:54.580 called Employment Division v. Smith.

00:04:57.420 And that was actually a decision

00:04:58.620 from Justice Scalia

00:04:59.840 that lessened the protections

00:05:03.400 for religious liberty

00:05:04.400 and it's been widely criticized

00:05:05.740 as an opinion.

00:05:06.520 Employment Division v. Smith

00:05:09.540 held

00:05:11.100 that if a law is neutral

00:05:13.800 and generally applicable,

00:05:15.180 in other words,

00:05:15.640 if it applies to everyone,

00:05:18.100 that that law

00:05:19.240 is not subject

00:05:20.680 to strict scrutiny.

00:05:21.620 Now, what does that mean?

00:05:22.380 Strict scrutiny

00:05:23.080 is when the courts

00:05:24.340 will examine

00:05:25.360 rigorously

00:05:27.740 whether a law

00:05:28.460 is constitutional

00:05:29.320 and they will demand

00:05:30.540 that it be justified

00:05:32.140 by what's called

00:05:33.040 a compelling state interest

00:05:34.420 that is narrowly tailored.

00:05:36.300 So, it's hard for a law

00:05:37.440 to survive strict scrutiny.

00:05:39.260 Okay.

00:05:39.960 And in the Smith decision,

00:05:42.780 the court said

00:05:44.160 if it's a neutral

00:05:44.840 and generally applicable law,

00:05:46.740 it doesn't have to survive

00:05:47.760 strict scrutiny

00:05:48.340 which means

00:05:48.820 it will usually be upheld.

00:05:51.020 What happened

00:05:51.720 in Employment Division

00:05:52.620 v. Smith

00:05:53.260 was you had someone

00:05:55.340 who was a member

00:05:56.300 of the Native American religion

00:05:59.920 who consumed peyote

00:06:01.660 in a religious ritual.

00:06:03.840 Yeah.

00:06:04.420 And that individual

00:06:05.480 failed a drug test

00:06:06.540 and was denied benefits

00:06:09.140 because he failed a drug test

00:06:10.580 and what the court

00:06:12.320 concluded in Smith

00:06:13.300 is since the drug test

00:06:14.660 requirements were neutral,

00:06:16.040 they weren't targeting religion,

00:06:17.240 they weren't persecuting religion,

00:06:19.320 nobody was allowed

00:06:20.340 to consume peyote,

00:06:22.240 that it was acceptable

00:06:24.660 to exclude them

00:06:25.540 from benefits.

00:06:26.320 Now, what's interesting,

00:06:28.520 scholars have disagreed

00:06:30.620 whether Smith

00:06:31.160 is right or wrong

00:06:32.140 as a matter

00:06:32.700 of constitutional interpretation.

00:06:35.020 There are vigorous debates

00:06:36.680 among law professors

00:06:37.500 and judges

00:06:38.040 about what the history

00:06:39.360 of the First Amendment holds,

00:06:41.580 what the background is.

00:06:43.340 Can I,

00:06:43.740 just on this point,

00:06:44.920 being basically

00:06:46.180 entirely ignorant

00:06:47.120 of this question

00:06:48.400 of the law,

00:06:49.200 what's the right answer?

00:06:50.960 Should the guy

00:06:51.680 have been able

00:06:52.080 to have the peyote

00:06:52.780 and not have to deal

00:06:53.620 with the consequences

00:06:54.280 or not?

00:06:55.280 On the constitutional question,

00:06:58.220 I would say

00:06:58.760 it's hotly disputed.

00:06:59.900 There are strongly held views

00:07:01.340 on both sides.

00:07:02.880 As a policy matter,

00:07:04.960 for a long time at least,

00:07:06.800 it was not disputed,

00:07:07.840 which is what happened

00:07:08.640 after the Supreme Court

00:07:09.660 decided Smith.

00:07:11.060 The United States Congress

00:07:12.460 came and passed a law

00:07:13.740 that was called

00:07:14.260 the Religious Freedom

00:07:15.080 Restoration Act.

00:07:16.420 Now, what was the restoration?

00:07:17.740 It was literally

00:07:18.240 bringing back

00:07:19.520 the religious freedom

00:07:20.680 that Smith had taken away.

00:07:22.540 So Congress was unhappy

00:07:23.740 with Smith.

00:07:24.940 Religious Freedom Restoration Act

00:07:26.620 was introduced

00:07:27.600 by a House member

00:07:28.760 by the name of Charles Schumer.

00:07:31.000 You may have heard of him.

00:07:32.960 In the Senate,

00:07:34.180 the Religious Freedom

00:07:34.900 Restoration Act

00:07:35.880 passed the Senate

00:07:36.740 by a vote of 97 to 3.

00:07:40.540 So it was overwhelmingly

00:07:41.940 bipartisan,

00:07:42.840 was signed into law

00:07:44.000 by then President Bill Clinton,

00:07:46.060 a Democrat.

00:07:46.860 So it used to be

00:07:48.820 in the 90s

00:07:49.980 that protecting

00:07:50.600 religious freedom

00:07:51.540 was an overwhelmingly

00:07:53.200 bipartisan proposition.

00:07:54.800 And regardless of

00:07:55.600 whether Smith

00:07:56.320 was right or wrong

00:07:58.040 as a matter of constitutional law

00:07:59.640 or historical record,

00:08:00.960 as a policy matter,

00:08:02.680 just about everyone agreed

00:08:04.060 that we want laws

00:08:07.480 that subject religious faith

00:08:09.300 to significant burdens

00:08:10.980 to be held

00:08:12.300 to a higher standard,

00:08:13.300 that you should not be able

00:08:14.480 to trample on religious liberty

00:08:15.940 absent meeting

00:08:17.280 a very vigorous test.

00:08:18.920 So fast forward

00:08:20.500 to the Philadelphia case.

00:08:22.700 The disagreement

00:08:23.940 between the more conservative justices

00:08:25.920 was whether to overrule Smith.

00:08:28.300 The original decision

00:08:29.740 that said

00:08:30.500 neutral and generally

00:08:32.940 applicable laws

00:08:34.080 are not,

00:08:35.180 that happened to incidentally

00:08:37.060 burden religious faith

00:08:38.980 are not subject

00:08:39.780 to strict scrutiny.

00:08:40.900 And what Chief Justice Roberts did

00:08:43.860 is in his opinion,

00:08:45.020 he said,

00:08:45.360 we don't have to answer

00:08:45.960 that question

00:08:46.580 because this law

00:08:48.460 is not neutral

00:08:49.520 and generally applicable.

00:08:51.300 This law instead

00:08:53.140 is,

00:08:56.260 there is

00:08:57.400 in the contract

00:08:59.000 that the city signs

00:09:01.240 with the social services agency

00:09:02.800 a provision

00:09:04.200 for exemptions.

00:09:06.600 And so because

00:09:07.240 there are exemptions,

00:09:08.740 the city could have exempted

00:09:09.900 the Catholic social services

00:09:11.180 and every justice agreed

00:09:12.640 it was unconstitutional

00:09:13.940 for them not to do so.

00:09:15.200 Because Philadelphia

00:09:16.340 in this case

00:09:17.000 was targeting

00:09:18.200 the Catholic charity

00:09:19.520 for being Catholic.

00:09:21.260 Right.

00:09:21.620 So Justice Alito

00:09:22.660 writes a dissent

00:09:24.180 that is hot.

00:09:26.660 I mean,

00:09:26.880 Justice Alito

00:09:27.540 is ticked off

00:09:28.720 and Justice Alito

00:09:30.560 is joined

00:09:31.360 by Justice Thomas

00:09:32.620 and Justice Gorsuch.

00:09:35.140 They both argue

00:09:36.620 vigorously

00:09:37.400 that the court's majority

00:09:39.620 by refusing

00:09:40.480 to overrule Smith,

00:09:41.780 by refusing

00:09:42.320 to even address

00:09:43.120 the constitutional question.

00:09:45.540 Essentially,

00:09:46.120 they're playing games.

00:09:46.980 They're avoiding

00:09:47.620 the big question.

00:09:49.000 And what Justice Alito

00:09:49.960 argues

00:09:50.400 is,

00:09:51.880 listen,

00:09:52.160 it's very easy

00:09:52.880 for the city

00:09:53.680 of Philadelphia

00:09:54.220 to go back now

00:09:55.240 on remand

00:09:56.020 and change their law

00:09:57.680 and go right back

00:09:58.300 after the Catholic Church.

00:09:59.380 All they have to do

00:10:00.180 is eliminate

00:10:00.660 the exemption language

00:10:01.820 from their contracts

00:10:02.720 and suddenly

00:10:04.180 it will be neutral

00:10:05.060 and generally applicable

00:10:05.980 and we'll be right back

00:10:06.920 in this lawsuit.

00:10:07.820 And so,

00:10:08.520 and Justice Alito's

00:10:09.520 dissent

00:10:09.960 is vigorous

00:10:11.400 Now,

00:10:12.720 one of the things

00:10:13.300 that's interesting

00:10:13.980 is you also have

00:10:15.120 Justice Barrett

00:10:16.080 joined by

00:10:18.040 Justice Kavanaugh

00:10:19.320 and Justice Breyer

00:10:21.960 who

00:10:24.820 essentially

00:10:26.540 defend

00:10:27.220 Chief Justice Roberts.

00:10:29.020 And so,

00:10:29.400 for those

00:10:29.880 who don't keep track

00:10:30.980 of the horse races,

00:10:31.900 you've got

00:10:32.340 Barrett,

00:10:33.200 we were told

00:10:33.680 is to the right

00:10:34.240 of Attila the Hun

00:10:35.020 though that would not

00:10:36.020 seem to be the case.

00:10:37.080 Kavanaugh

00:10:37.520 obviously went through

00:10:38.320 that brutal confirmation

00:10:39.300 process under Trump

00:10:40.340 and Breyer

00:10:41.360 is a liberal.

00:10:42.860 He's a liberal

00:10:43.380 on the court.

00:10:44.060 He is.

00:10:45.420 And Barrett and Kavanaugh

00:10:47.060 say they have

00:10:48.000 serious doubts

00:10:49.100 about whether Smith

00:10:49.840 is right.

00:10:50.800 So,

00:10:51.360 if you're counting noses,

00:10:53.040 you've got

00:10:54.160 the three justices,

00:10:55.760 Alito,

00:10:56.280 Gorsuch,

00:10:56.680 and Thomas

00:10:57.220 saying they would

00:10:58.540 overrule Smith

00:10:59.220 so they're unequivocal

00:11:00.140 and you've got

00:11:01.600 Barrett and Kavanaugh

00:11:02.460 saying they have

00:11:03.080 serious doubts

00:11:04.000 about Smith.

00:11:04.600 They don't quite say

00:11:05.360 they'd overrule it

00:11:06.160 but they hint

00:11:06.880 pretty heavily

00:11:07.520 but they say

00:11:08.980 in this case

00:11:09.560 we don't have to.

00:11:11.500 And then you have

00:11:12.300 Breyer who joins them

00:11:13.880 in this case

00:11:14.960 we don't have to

00:11:15.760 although he doesn't

00:11:16.540 join them in saying

00:11:17.340 we should overrule Smith.

00:11:19.780 It's an interesting

00:11:20.880 dynamic

00:11:21.640 that might play out

00:11:24.280 and you're going to see

00:11:25.040 in a second

00:11:25.360 when we talk about

00:11:26.000 Obamacare,

00:11:26.600 it's actually similar

00:11:27.260 to what played out

00:11:27.900 in the Obamacare case

00:11:28.940 where you've got

00:11:30.420 Alito

00:11:30.900 as the most

00:11:32.060 vigorous conservative

00:11:33.600 pulling the court

00:11:36.060 one direction

00:11:36.760 and usually

00:11:37.480 Clarence Thomas

00:11:38.220 with him

00:11:39.020 the two of them

00:11:39.600 together

00:11:40.040 and at least

00:11:41.480 in these two cases

00:11:42.540 Gorsuch lines up

00:11:43.880 with them.

00:11:45.100 You have Roberts

00:11:46.580 who has been moving

00:11:48.520 steadily to the left

00:11:50.040 and at least

00:11:52.160 in these cases

00:11:53.240 you have

00:11:53.920 Kavanaugh

00:11:54.740 and Barrett

00:11:56.500 siding more

00:11:57.360 with Roberts

00:11:58.200 than with Alito

00:11:58.960 and Thomas

00:11:59.620 and so that dynamic

00:12:01.420 at the end of the day

00:12:03.840 the results

00:12:04.680 in the Philadelphia case

00:12:06.220 is unquestionably right

00:12:07.240 that you shouldn't be

00:12:07.940 excluding the Catholic

00:12:08.820 social services

00:12:09.560 is why it's 9-0

00:12:10.560 every justice

00:12:11.880 even the most liberal

00:12:13.020 justices agreed

00:12:13.840 with that result

00:12:14.600 but this potential

00:12:16.520 divide among

00:12:17.400 the more conservative

00:12:18.220 justices

00:12:19.060 could be powerful

00:12:21.380 foreshadowing

00:12:22.360 for what may

00:12:23.020 play out next year

00:12:24.360 when there are

00:12:25.220 several big cases

00:12:26.460 coming down

00:12:27.120 including a major

00:12:27.920 abortion case

00:12:28.800 including a major

00:12:29.460 Second Amendment case

00:12:30.680 if there is

00:12:32.160 really a divide

00:12:33.120 if we see

00:12:33.860 Kavanaugh

00:12:34.500 siding with Roberts

00:12:35.560 more

00:12:35.880 and even

00:12:37.760 potentially Barrett

00:12:38.900 siding with Roberts

00:12:39.860 more

00:12:40.280 then suddenly

00:12:41.760 on an abortion

00:12:43.380 case it's not

00:12:44.240 clear where there

00:12:44.940 are five votes

00:12:45.560 on the court

00:12:46.020 and so it puts

00:12:47.140 real uncertainty

00:12:49.140 to where the

00:12:50.360 court's majority

00:12:51.120 is going to go

00:12:52.100 next year

00:12:53.400 and in the years

00:12:53.940 to come

00:12:54.320 I just have to know

00:12:56.040 before we get

00:12:56.960 to the Obamacare case

00:12:58.620 I just have to get

00:12:59.420 this off my chest

00:13:00.180 Senator

00:13:00.560 are we ever

00:13:02.060 going to have

00:13:03.420 a reliably

00:13:04.380 conservative court

00:13:05.800 because I know

00:13:07.080 Republicans have

00:13:07.960 put their blood

00:13:08.740 sweat and tears

00:13:09.660 into electing

00:13:10.900 people to the

00:13:11.880 presidency

00:13:12.340 into getting

00:13:13.440 through the judges

00:13:14.500 on the nomination

00:13:15.300 and yet

00:13:16.660 to invoke

00:13:17.980 the title of your

00:13:18.840 book

00:13:19.200 we always seem

00:13:20.780 to be one

00:13:21.580 vote away

00:13:22.240 on really

00:13:23.020 crucial cases

00:13:24.120 well and

00:13:25.440 you're right

00:13:26.260 and there's a

00:13:26.980 reason for that

00:13:27.680 I mentioned

00:13:28.080 the last chapter

00:13:28.800 of my book

00:13:29.220 where I go

00:13:29.640 through the

00:13:29.960 history of

00:13:30.380 Supreme Court

00:13:30.840 nominations

00:13:31.360 and there

00:13:33.300 is a pattern

00:13:34.020 if you look

00:13:34.880 at the justices

00:13:35.740 who have been

00:13:36.280 principled

00:13:37.320 constitutionalists

00:13:38.520 people like

00:13:40.040 Scalia

00:13:40.440 people like

00:13:41.120 Thomas

00:13:41.560 people like

00:13:42.200 my former

00:13:42.760 boss

00:13:43.220 William

00:13:43.660 Rehnquist

00:13:44.140 people like

00:13:44.660 Alito

00:13:45.000 they all

00:13:46.640 have a pattern

00:13:47.260 they have

00:13:47.700 all

00:13:48.380 had significant

00:13:50.100 records in

00:13:50.720 government

00:13:51.100 typically in

00:13:51.760 the executive

00:13:52.260 branch

00:13:52.660 they have

00:13:53.760 all defended

00:13:54.980 the constitution

00:13:56.560 defended

00:13:57.080 conservative

00:13:57.760 positions

00:13:58.380 and they've

00:13:58.820 been excoriated

00:14:00.140 they faced

00:14:01.760 withering

00:14:02.620 criticism

00:14:03.300 and abuse

00:14:03.980 and they

00:14:04.300 haven't

00:14:04.600 wavered

00:14:05.100 and that's

00:14:06.080 the pattern

00:14:06.760 that has

00:14:07.500 produced

00:14:08.060 justices

00:14:08.840 who have

00:14:10.120 the

00:14:10.540 spinal

00:14:11.880 fortitude

00:14:12.680 to withstand

00:14:14.340 the pressure

00:14:15.100 on the court

00:14:15.640 on the other

00:14:16.140 hand

00:14:16.520 when you

00:14:17.980 have

00:14:18.240 justices

00:14:18.920 that

00:14:19.520 don't

00:14:20.160 have

00:14:20.340 a paper

00:14:20.680 record

00:14:21.060 that

00:14:21.340 have

00:14:21.880 been

00:14:22.500 very

00:14:24.720 careful

00:14:25.360 very

00:14:25.780 guarded

00:14:26.340 have

00:14:26.680 avoided

00:14:27.060 saying

00:14:27.500 anything

00:14:28.000 almost

00:14:29.000 without

00:14:29.460 fail

00:14:29.880 they turn

00:14:30.300 out

00:14:30.440 to be

00:14:30.680 disastrous

00:14:31.120 so I

00:14:31.480 focus

00:14:31.780 on a

00:14:32.060 couple

00:14:32.240 of

00:14:32.400 key

00:14:32.540 decisions

00:14:33.080 George

00:14:34.100 Herbert

00:14:34.380 Walker

00:14:34.680 Bush

00:14:35.020 when he

00:14:35.360 was

00:14:35.540 president

00:14:35.940 he

00:14:36.840 had

00:14:37.080 in

00:14:37.200 one

00:14:37.460 room

00:14:37.740 David

00:14:38.060 Souter

00:14:38.400 he

00:14:39.060 had

00:14:39.180 in

00:14:39.300 another

00:14:39.540 room

00:14:39.900 a

00:14:40.060 judge

00:14:40.280 named

00:14:40.500 Edith

00:14:40.760 Jones

00:14:41.080 Edith

00:14:41.460 Jones

00:14:41.900 was

00:14:42.500 the

00:14:42.680 strongest

00:14:43.080 conservative

00:14:43.680 of her

00:14:44.060 generation

00:14:44.620 she was

00:14:44.920 on the

00:14:45.180 fifth

00:14:45.380 circuit

00:14:45.700 she

00:14:45.900 was

00:14:46.060 rock

00:14:46.480 ribbed

00:14:47.320 Souter

00:14:47.760 was

00:14:48.040 someone

00:14:48.340 who

00:14:48.500 had

00:14:48.620 never

00:14:48.800 expressed

00:14:49.240 an

00:14:49.440 opinion

00:14:49.720 on any

00:14:50.240 contested

00:14:50.800 constitutional

00:14:51.280 issue

00:14:51.580 his

00:14:51.760 whole

00:14:51.940 life

00:14:52.340 he

00:14:52.780 had

00:14:52.900 no

00:14:53.060 paper

00:14:53.340 trail

00:14:53.820 right

00:14:54.440 Bush

00:14:55.320 41

00:14:55.780 picked

00:14:56.120 Souter

00:14:56.380 instead

00:14:56.720 of

00:14:56.900 Jones

00:14:57.200 that

00:14:57.920 was

00:14:58.220 a

00:14:58.440 catastrophic

00:14:59.300 mistake

00:15:00.000 fast

00:15:00.960 forward

00:15:01.260 to

00:15:01.420 Bush

00:15:01.620 43

00:15:02.140 Bush

00:15:02.540 43

00:15:03.060 had

00:15:03.540 in

00:15:04.260 one

00:15:04.540 room

00:15:04.860 John

00:15:05.180 Roberts

00:15:05.620 and

00:15:06.620 in

00:15:06.740 another

00:15:06.980 room

00:15:07.300 my

00:15:07.580 old

00:15:07.780 boss

00:15:08.080 on

00:15:08.200 the

00:15:08.320 court

00:15:08.460 of

00:15:08.560 appeals

00:15:08.860 Mike

00:15:09.180 Ludig

00:15:09.500 Mike

00:15:09.820 Ludig

00:15:10.200 was

00:15:10.520 at

00:15:10.680 that

00:15:10.920 time

00:15:11.320 the

00:15:11.840 same

00:15:12.040 thing

00:15:12.280 Edith

00:15:12.520 Jones

00:15:12.820 had

00:15:13.000 been

00:15:13.260 unquestionably

00:15:15.060 the

00:15:15.280 strongest

00:15:15.700 conservative

00:15:16.340 appellate

00:15:16.800 judge

00:15:17.060 in the

00:15:17.340 country

00:15:17.760 rock

00:15:18.400 ribbed

00:15:18.840 he'd

00:15:19.040 been

00:15:19.220 Scalia's

00:15:19.780 very

00:15:20.020 first

00:15:20.380 law

00:15:20.640 clerk

00:15:20.920 has

00:15:21.480 been

00:15:21.640 an

00:15:21.760 incredible

00:15:22.160 friend

00:15:22.520 and

00:15:22.680 mentor

00:15:23.000 to

00:15:23.180 me

00:15:23.440 Bush

00:15:24.820 43

00:15:25.360 like

00:15:25.840 his

00:15:26.060 father

00:15:26.520 went

00:15:27.520 with

00:15:27.720 the

00:15:27.880 easier

00:15:28.240 choice

00:15:28.660 Roberts

00:15:29.160 had

00:15:29.360 been

00:15:29.520 very

00:15:29.740 careful

00:15:30.180 about

00:15:30.480 what

00:15:30.660 he

00:15:30.780 said

00:15:31.060 he

00:15:31.200 didn't

00:15:31.420 have

00:15:31.580 that

00:15:31.720 many

00:15:31.900 controversial

00:15:32.460 positions

00:15:33.440 it

00:15:34.160 was

00:15:34.300 an

00:15:34.420 easier

00:15:34.700 confirmation

00:15:35.400 that

00:15:36.420 proved

00:15:36.960 a

00:15:37.180 major

00:15:37.500 decision

00:15:38.060 had

00:15:38.580 they

00:15:38.780 not

00:15:39.020 made

00:15:39.260 those

00:15:39.500 decisions

00:15:39.940 Obamacare

00:15:40.480 would

00:15:40.640 have

00:15:40.720 been

00:15:40.840 struck

00:15:41.080 down

00:15:41.560 had

00:15:42.140 they

00:15:42.320 not

00:15:42.520 made

00:15:42.760 those

00:15:43.000 decisions

00:15:43.400 we

00:15:43.640 would

00:15:43.780 have

00:15:43.900 seen

00:15:44.120 some

00:15:44.400 major

00:15:45.360 victories

00:15:46.180 and

00:15:46.500 had

00:15:47.320 I

00:15:47.460 been

00:15:47.620 in

00:15:47.760 the

00:15:47.860 White

00:15:48.060 House

00:15:48.300 I

00:15:48.480 would

00:15:48.600 have

00:15:48.720 picked

00:15:48.920 Edith

00:15:49.200 Jones

00:15:49.540 and

00:15:49.700 not

00:15:49.900 David

00:15:50.160 Souter

00:15:50.480 I

00:15:51.240 would

00:15:51.380 have

00:15:51.500 picked

00:15:51.680 Mike

00:15:51.980 Ludig

00:15:52.360 and

00:15:52.560 not

00:15:52.800 John

00:15:53.060 Roberts

00:15:53.440 and

00:15:53.800 then

00:15:54.000 when

00:15:54.180 it

00:15:54.320 came

00:15:54.680 to

00:15:55.000 President

00:15:55.360 Trump's

00:15:55.820 nominations

00:15:56.380 look

00:15:57.960 Brett

00:15:58.300 Kavanaugh

00:15:59.000 is

00:15:59.440 a

00:16:00.080 good

00:16:02.160 man

00:16:07.180 confirmation

00:16:07.700 process

00:16:08.400 but

00:16:09.620 Brett

00:16:10.000 Kavanaugh

00:16:10.600 has

00:16:10.900 been

00:16:11.300 in

00:16:11.760 many

00:16:12.280 ways

00:16:12.960 almost

00:16:13.980 a

00:16:14.220 clone

00:16:14.580 of

00:16:14.820 John

00:16:15.060 Roberts

00:16:15.360 he

00:16:15.600 followed

00:16:15.880 a

00:16:16.060 very

00:16:16.260 similar

00:16:16.640 career

00:16:17.020 path

00:16:17.400 was

00:16:17.580 on

00:16:17.780 the

00:16:17.920 DC

00:16:18.180 circuit

00:16:18.620 was

00:16:18.860 very

00:16:19.080 cautious

00:16:19.560 and

00:16:20.360 I

00:16:20.560 have

00:16:20.800 very

00:16:21.080 real

00:16:21.500 concerns

00:16:22.060 that

00:16:22.340 Brett

00:16:22.580 Kavanaugh

00:16:23.180 is

00:16:24.300 going

00:16:24.440 to

00:16:24.540 continue

00:16:24.860 to

00:16:25.060 follow

00:16:25.280 John

00:16:25.580 Roberts

00:16:25.860 path

00:16:26.180 and

00:16:26.320 I

00:16:26.420 am

00:16:26.520 quite

00:16:26.780 concerned

00:16:27.280 about

00:16:27.520 the

00:16:27.660 path

00:16:27.900 John

00:16:28.140 Roberts

00:16:28.440 has

00:16:28.620 taken

00:16:28.920 Gorsuch

00:16:30.520 likewise

00:16:31.180 did

00:16:31.560 not

00:16:31.880 have

00:16:32.480 the

00:16:33.400 kind

00:16:33.720 of

00:16:33.860 rock

00:16:34.300 rib

00:16:34.660 record

00:16:37.180 Gorsuch

00:16:40.780 had

00:16:41.060 a

00:16:41.220 stronger

00:16:41.600 record

00:16:41.960 than

00:16:42.160 Kavanaugh

00:16:42.780 but

00:16:44.020 it

00:16:44.240 wasn't

00:16:47.580 nearly

00:16:49.160 as

00:16:49.500 developed

00:16:49.980 and

00:16:51.500 as I

00:16:51.920 outline

00:16:52.300 in my

00:16:52.620 book

00:16:52.960 there's

00:16:53.340 a

00:16:53.440 decision

00:16:53.860 Gorsuch

00:16:54.300 issued

00:16:54.680 in a

00:16:54.880 case

00:16:55.040 called

00:16:55.280 Bostock

00:16:55.980 where

00:16:56.700 he

00:16:56.900 rewrote

00:16:58.020 the

00:16:58.180 federal

00:16:58.420 civil

00:16:58.720 rights

00:16:59.060 law

00:16:59.460 to

00:17:00.240 include

00:17:00.760 to

00:17:00.980 write

00:17:01.340 into

00:17:01.720 them

00:17:02.200 protections

00:17:03.620 for

00:17:03.960 sexual

00:17:04.320 orientation

00:17:04.980 and

00:17:05.560 gender

00:17:06.160 identity

00:17:06.620 and

00:17:06.820 listen

00:17:07.000 as a

00:17:07.260 policy

00:17:07.600 matter

00:17:07.940 a

00:17:09.120 lot

00:17:09.320 of

00:17:09.420 Americans

00:17:09.800 agree

00:17:10.320 that

00:17:10.640 civil

00:17:11.100 rights

00:17:11.440 law

00:17:11.680 should

00:17:11.880 protect

00:17:12.280 gender

00:17:12.600 orientation

00:17:13.140 and

00:17:14.160 sexual

00:17:16.240 orientation

00:17:16.680 and

00:17:16.900 gender

00:17:17.140 identity

00:17:17.600 but

00:17:18.780 Gorsuch

00:17:19.520 didn't

00:17:19.860 wait

00:17:20.100 for

00:17:20.280 Congress

00:17:20.580 to

00:17:20.780 change

00:17:21.040 the

00:17:21.220 law

00:17:21.460 he

00:17:21.620 just

00:17:21.860 rewrote

00:17:22.220 the

00:17:22.380 law

00:17:22.540 from

00:17:22.720 the

00:17:22.860 Supreme

00:17:23.100 Court

00:17:23.340 I

00:17:23.460 think

00:17:23.580 that

00:17:23.740 was

00:17:23.900 a

00:17:24.060 really

00:17:24.400 deeply

00:17:25.620 questionable

00:17:26.180 decision

00:17:26.740 and

00:17:28.020 so

00:17:28.480 how

00:17:30.040 the

00:17:30.300 Trump

00:17:30.600 justices

00:17:31.220 perform

00:17:31.820 it's

00:17:32.160 going to

00:17:32.340 take

00:17:32.560 years

00:17:32.860 to

00:17:33.060 find

00:17:33.320 out

00:17:33.720 but

00:17:34.640 I

00:17:34.840 think

00:17:35.180 that

00:17:35.420 for

00:17:35.960 all

00:17:36.660 three

00:17:37.040 of

00:17:37.240 those

00:17:37.440 judicial

00:17:37.800 vacancies

00:17:38.400 President

00:17:39.700 Trump

00:17:40.060 talked

00:17:40.420 to

00:17:40.580 me

00:17:40.760 about

00:17:41.040 them

00:17:41.260 I

00:17:41.480 told

00:17:41.720 him

00:17:41.840 I

00:17:41.940 didn't

00:17:42.200 want

00:17:42.480 the

00:17:42.680 seat

00:17:43.000 for

00:17:44.440 all

00:17:44.760 three

00:17:45.140 of

00:17:45.300 the

00:17:45.420 vacancies

00:17:46.000 I

00:17:46.400 urged

00:17:46.700 him

00:17:46.840 to

00:17:46.960 appoint

00:17:47.240 Mike

00:17:47.520 Lee

00:17:47.680 that's

00:17:48.020 who

00:17:48.140 I

00:17:48.280 would

00:17:48.420 have

00:17:48.520 put

00:17:48.680 on

00:17:48.900 Mike

00:17:49.200 Lee

00:17:49.400 the

00:17:49.580 senator

00:17:49.840 from

00:17:50.100 Utah

00:17:50.400 my

00:17:50.740 closest

00:17:51.080 friend

00:17:51.540 in

00:17:52.100 the

00:17:52.280 Senate

00:17:52.520 I

00:17:52.820 have

00:17:53.120 100%

00:17:54.440 confidence

00:17:54.960 that

00:17:55.280 Mike

00:17:55.600 Lee

00:17:55.800 like

00:17:56.060 Scalia

00:17:56.420 like

00:17:56.680 Thomas

00:17:57.040 like

00:17:57.240 Alito

00:17:57.520 like

00:17:57.760 Rehnquist

00:17:58.180 would

00:17:58.700 have

00:17:58.780 been

00:17:58.960 absolutely

00:17:59.840 rock

00:18:00.320 ribbed

00:18:00.740 he

00:18:00.840 has

00:18:00.960 a

00:18:01.060 record

00:18:01.320 he

00:18:01.760 has

00:18:01.880 a

00:18:01.980 record

00:18:02.200 he

00:18:02.340 has

00:18:02.480 been

00:18:03.600 pounded

00:18:04.800 yeah

00:18:05.380 I

00:18:05.580 agree

00:18:06.040 that

00:18:06.260 would

00:18:06.420 have

00:18:06.520 been

00:18:06.720 tremendous

00:18:07.200 would

00:18:07.380 have

00:18:07.440 been

00:18:07.520 great

00:18:07.680 if

00:18:07.780 you

00:18:07.860 were

00:18:07.960 on

00:18:08.080 the

00:18:08.180 court

00:18:08.380 but

00:18:08.600 you

00:18:08.780 were

00:18:08.880 not

00:18:09.040 interested

00:18:09.400 fair

00:18:09.780 enough

00:18:10.020 I

00:18:10.200 won't

00:18:10.560 prod

00:18:11.300 you

00:18:11.480 on

00:18:12.040 that

00:18:12.280 but

00:18:12.940 I

00:18:13.060 will

00:18:13.280 pick

00:18:13.780 your

00:18:13.920 brain

00:18:14.180 on

00:18:14.440 this

00:18:14.620 other

00:18:14.900 case

00:18:15.300 because

00:18:15.620 then

00:18:15.960 after

00:18:16.540 the

00:18:16.800 Obamacare

00:18:17.260 case

00:18:17.620 I

00:18:18.180 want

00:18:18.520 to

00:18:18.600 hear

00:18:18.760 about

00:18:18.980 the

00:18:19.140 more

00:18:19.580 active

00:18:19.980 role

00:18:20.220 you'll

00:18:20.400 be

00:18:20.520 playing

00:18:20.780 in

00:18:20.900 the

00:18:21.000 court

00:18:21.220 when

00:18:21.460 you

00:18:22.120 bring

00:18:22.360 a

00:18:22.520 case

00:18:22.780 there

00:18:23.080 coming

00:18:23.640 up

00:18:23.940 on

00:18:24.160 an

00:18:24.500 important

00:18:24.880 issue

00:18:25.940 but

00:18:26.380 just

00:18:26.580 very

00:18:26.920 briefly

00:18:27.280 for

00:18:27.480 those

00:18:27.780 who

00:18:27.980 didn't

00:18:28.580 follow

00:18:28.940 the

00:18:29.140 Obamacare

00:18:29.740 decision

00:18:30.200 this

00:18:30.780 was

00:18:30.920 the

00:18:31.080 third

00:18:31.300 time

00:18:31.560 that

00:18:31.680 we

00:18:31.760 tried

00:18:31.980 to

00:18:32.100 get

00:18:32.240 rid

00:18:32.420 of

00:18:32.520 Obamacare

00:18:33.040 at

00:18:33.180 the

00:18:33.280 Supreme

00:18:33.540 Court

00:18:33.760 and

00:18:33.860 it

00:18:33.940 didn't

00:18:34.100 work

00:18:34.300 that's

00:18:35.120 right

00:18:35.380 and

00:18:35.720 so

00:18:36.000 Obamacare

00:18:36.940 when

00:18:37.740 it

00:18:37.860 was

00:18:38.040 passed

00:18:38.560 the

00:18:38.780 first

00:18:39.060 challenge

00:18:39.580 to

00:18:39.740 Obamacare

00:18:41.140 was

00:18:41.380 decided

00:18:41.900 in

00:18:42.320 2011

00:18:43.300 and

00:18:44.480 the

00:18:44.660 Supreme

00:18:45.000 Court

00:18:45.340 to

00:18:45.520 the

00:18:45.680 astonishment

00:18:46.340 of

00:18:46.700 most

00:18:47.020 observers

00:18:47.500 upheld

00:18:48.000 it

00:18:48.160 and

00:18:48.280 this

00:18:48.460 was

00:18:48.680 John

00:18:48.960 Roberts

00:18:49.380 first

00:18:50.460 big

00:18:50.800 apostasy

00:18:51.500 it's

00:18:51.760 when

00:18:51.920 he

00:18:52.080 started

00:18:52.520 down

00:18:53.120 the

00:18:53.780 road

00:18:54.120 to

00:18:54.300 the

00:18:54.440 dark

00:18:54.700 side

00:18:55.100 John

00:18:56.460 Roberts

00:18:56.840 the

00:18:57.300 chief

00:18:57.680 wrote

00:18:58.020 wrote

00:18:58.360 the

00:18:58.580 I

00:18:58.860 wish

00:18:59.060 I

00:18:59.160 was

00:18:59.260 saying

00:18:59.460 that

00:18:59.620 tongue

00:18:59.820 in

00:18:59.960 cheek

00:19:00.160 I

00:19:00.340 mean

00:19:01.900 it

00:19:03.940 it's

00:19:04.400 interesting

00:19:04.720 the

00:19:04.880 first

00:19:05.120 Obamacare

00:19:05.680 decision

00:19:06.180 the

00:19:08.220 challenges

00:19:08.740 to

00:19:09.100 Obamacare

00:19:10.060 were

00:19:10.320 that it

00:19:10.640 exceeded

00:19:11.260 Congress's

00:19:11.900 authority

00:19:12.320 under the

00:19:12.720 Commerce

00:19:13.120 Clause

00:19:13.500 now what

00:19:13.840 is the

00:19:14.060 Commerce

00:19:14.340 Clause

00:19:14.660 Commerce

00:19:15.660 Clause

00:19:16.040 is a

00:19:16.380 provision

00:19:16.680 of the

00:19:16.940 Constitution

00:19:17.480 that gives

00:19:18.060 Congress

00:19:18.520 the power

00:19:19.260 to regulate

00:19:20.640 commerce

00:19:21.240 between

00:19:21.720 the states

00:19:22.360 and the

00:19:24.080 argument

00:19:24.600 against

00:19:25.100 Obamacare

00:19:25.680 is the

00:19:25.980 individual

00:19:26.400 mandate

00:19:26.820 which

00:19:27.480 ordered

00:19:27.880 you

00:19:28.240 Michael

00:19:28.600 Knowles

00:19:29.000 must

00:19:29.320 purchase

00:19:30.300 health

00:19:30.580 insurance

00:19:31.120 the

00:19:32.040 argument

00:19:32.400 was

00:19:32.820 forcing

00:19:33.320 you

00:19:33.560 to

00:19:33.720 buy

00:19:33.920 a

00:19:34.060 product

00:19:34.380 that

00:19:34.620 had

00:19:34.740 never

00:19:34.980 happened

00:19:35.300 in

00:19:35.440 the

00:19:35.540 history

00:19:35.820 of

00:19:36.160 the

00:19:36.560 United

00:19:36.780 States

00:19:37.080 government

00:19:37.440 and

00:19:38.100 it

00:19:38.240 was

00:19:38.420 not

00:19:38.720 commerce

00:19:39.180 between

00:19:39.560 the

00:19:39.780 states

00:19:40.080 it

00:19:40.260 was

00:19:40.420 you

00:19:40.700 where

00:19:40.940 you

00:19:41.180 are

00:19:41.420 it

00:19:41.520 was

00:19:41.640 not

00:19:41.900 interstate

00:19:42.520 commerce

00:19:42.980 and

00:19:43.340 the

00:19:44.260 Commerce

00:19:44.760 Clause

00:19:45.200 is the

00:19:45.560 most

00:19:45.780 common

00:19:46.380 justification

00:19:47.080 for

00:19:47.880 much

00:19:48.320 of

00:19:48.760 federal

00:19:49.140 regulatory

00:19:49.600 authority

00:19:50.240 first

00:19:51.020 Obamacare

00:19:51.600 decision

00:19:52.100 agreed

00:19:52.980 the

00:19:53.940 individual

00:19:54.440 mandate

00:19:55.020 the

00:19:55.220 requirement

00:19:55.660 that

00:19:55.880 you

00:19:56.000 buy

00:19:56.160 health

00:19:56.420 insurance

00:19:56.900 exceeded

00:19:57.980 Congress's

00:19:58.680 power

00:19:59.040 under

00:19:59.340 the

00:19:59.500 Commerce

00:19:59.780 Clause

00:20:00.080 so

00:20:00.220 that

00:20:00.340 was

00:20:00.440 a

00:20:00.520 great

00:20:00.700 victory

00:20:01.060 the

00:20:02.400 next

00:20:02.640 thing

00:20:02.880 that

00:20:03.060 opinion

00:20:03.400 said

00:20:03.720 is

00:20:03.880 it

00:20:03.980 exceeded

00:20:04.400 Congress's

00:20:05.060 power

00:20:05.360 under

00:20:05.580 the

00:20:05.760 spending

00:20:06.120 clause

00:20:06.640 and

00:20:07.060 so

00:20:07.300 you

00:20:07.520 read

00:20:08.000 the

00:20:08.220 first

00:20:08.460 80%

00:20:09.000 of

00:20:09.120 the

00:20:09.220 Obamacare

00:20:09.680 decision

00:20:10.080 and

00:20:10.240 you're

00:20:10.360 like

00:20:10.500 wow

00:20:10.660 this

00:20:10.840 is

00:20:10.980 fantastic

00:20:11.460 this

00:20:11.680 is

00:20:11.820 fantastic

00:20:12.300 this

00:20:12.560 is

00:20:12.720 great

00:20:13.040 and

00:20:14.060 then

00:20:14.220 at

00:20:14.340 the

00:20:14.460 very

00:20:14.660 end

00:20:14.960 John

00:20:15.220 Roberts

00:20:15.580 does

00:20:15.900 a

00:20:16.140 sleight

00:20:16.740 of

00:20:16.880 hand

00:20:17.200 where

00:20:17.720 he

00:20:17.880 says

00:20:18.080 well

00:20:18.380 so

00:20:19.840 this

00:20:20.100 would

00:20:20.260 be

00:20:20.380 unconstitutional

00:20:21.180 except

00:20:21.860 the

00:20:23.180 individual

00:20:23.680 mandate

00:20:24.180 is

00:20:24.480 not

00:20:24.760 a

00:20:30.440 there's

00:20:30.500 a

00:20:30.620 whole

00:20:30.900 different

00:20:31.400 line

00:20:31.760 of

00:20:31.920 jurisprudence

00:20:32.580 that

00:20:32.760 says

00:20:33.080 on

00:20:33.640 the

00:20:33.820 taxing

00:20:34.340 power

00:20:34.720 Congress

00:20:35.400 has

00:20:35.720 broad

00:20:36.160 authority

00:20:36.620 to

00:20:36.820 design

00:20:37.180 taxes

00:20:37.680 now

00:20:38.760 the

00:20:38.940 thing

00:20:39.100 about

00:20:39.300 it

00:20:39.440 is

00:20:39.640 Obamacare

00:20:40.260 repeatedly

00:20:41.000 refers

00:20:42.940 to it

00:20:43.280 as a

00:20:43.500 penalty

00:20:43.760 and not

00:20:44.140 a

00:20:44.280 tax

00:20:44.620 and

00:20:45.020 politicians

00:20:46.160 including

00:20:46.680 Barack

00:20:47.080 Obama

00:20:47.420 and

00:20:47.540 a

00:20:47.660 ton

00:20:47.760 of

00:20:47.880 Democrats

00:20:48.320 have

00:20:48.500 said

00:20:48.620 this

00:20:48.800 is

00:20:48.920 not

00:20:49.080 a

00:20:49.200 tax

00:20:49.400 this

00:20:49.540 is

00:20:49.660 not

00:20:49.820 a

00:20:49.960 tax

00:20:50.160 this

00:20:50.300 is

00:20:50.420 not

00:20:50.560 a

00:20:50.700 tax

00:20:50.900 this

00:20:51.040 is

00:20:51.160 not

00:20:51.340 a

00:20:51.460 tax

00:20:51.740 and

00:20:52.460 John

00:20:52.700 Roberts

00:20:53.080 for

00:20:53.280 the

00:20:53.420 Supreme

00:20:53.660 Court

00:20:53.900 said

00:20:54.100 this

00:20:54.300 is

00:20:54.440 a

00:20:54.540 tax

00:20:54.780 never

00:20:55.020 mind

00:20:55.240 what

00:20:55.380 they

00:20:55.520 said

00:20:55.720 we're

00:20:55.900 calling

00:20:56.140 it

00:20:56.260 a

00:20:56.360 tax

00:20:56.640 that

00:20:57.980 was

00:20:58.300 the

00:20:58.480 magic

00:20:58.800 trick

00:20:59.140 that

00:20:59.360 upheld

00:20:59.740 Obamacare

00:21:00.240 the

00:21:00.400 first

00:21:00.620 time

00:21:00.880 the

00:21:02.120 second

00:21:02.400 time

00:21:02.700 Obamacare

00:21:03.260 was

00:21:03.500 challenged

00:21:03.920 I

00:21:04.140 won't

00:21:04.280 get

00:21:04.440 into

00:21:04.680 the

00:21:04.900 details

00:21:05.340 of

00:21:05.700 it

00:21:05.840 but

00:21:06.460 essentially

00:21:07.120 John

00:21:07.500 Roberts

00:21:07.840 did

00:21:08.020 another

00:21:08.260 magic

00:21:08.620 trick

00:21:08.980 where

00:21:10.020 he

00:21:10.180 said

00:21:10.520 the

00:21:10.720 federal

00:21:11.000 government

00:21:11.460 is

00:21:12.640 a

00:21:12.820 state

00:21:13.100 so

00:21:14.440 the

00:21:15.080 statute

00:21:15.460 said

00:21:15.900 that

00:21:16.160 you

00:21:17.120 could

00:21:17.260 have

00:21:17.420 the

00:21:17.600 subsidies

00:21:23.080 the

00:21:23.740 federal

00:21:23.940 government

00:21:24.300 jumped

00:21:24.620 in

00:21:24.820 and

00:21:24.940 formed

00:21:25.220 exchanges

00:21:25.760 and

00:21:25.980 the

00:21:26.100 Supreme

00:21:26.300 Court

00:21:26.520 said

00:21:26.820 voila

00:21:27.220 the

00:21:28.280 federal

00:21:28.580 government

00:21:28.940 is

00:21:29.140 now

00:21:29.320 a

00:21:29.480 state

00:21:29.720 who

00:21:29.920 knew

00:21:30.160 so

00:21:32.280 that

00:21:32.500 was

00:21:32.660 number

00:21:32.880 two

00:21:33.100 this

00:21:33.320 was

00:21:33.480 number

00:21:33.720 three

00:21:34.060 what

00:21:34.540 happened

00:21:34.820 in

00:21:34.940 number

00:21:35.160 three

00:21:35.460 you

00:21:35.580 remember

00:21:35.840 in

00:21:36.040 2017

00:21:36.680 Congress

00:21:38.080 passed

00:21:38.480 the

00:21:38.640 Trump

00:21:38.860 tax

00:21:39.200 cuts

00:21:39.540 I

00:21:41.560 was

00:21:41.760 very

00:21:42.100 active

00:21:42.520 leading

00:21:42.820 the

00:21:43.000 fight

00:21:43.200 to

00:21:43.360 make

00:21:43.520 that

00:21:43.740 happen

00:21:44.040 and

00:21:44.180 one

00:21:44.340 of

00:21:44.440 the

00:21:44.580 fights

00:21:44.880 that

00:21:45.060 I

00:21:45.240 led

00:21:45.960 in

00:21:46.760 the

00:21:46.920 Senate

00:21:47.160 was

00:21:47.820 the

00:21:48.000 fight

00:21:48.280 to

00:21:48.500 eliminate

00:21:53.080 would

00:21:53.560 fine

00:21:54.220 you

00:21:54.400 if

00:21:54.560 you

00:21:54.800 didn't

00:21:54.920 buy

00:21:55.080 health

00:21:55.280 insurance

00:21:55.620 you

00:21:55.780 would

00:21:55.860 get

00:21:56.000 fined

00:21:56.360 by

00:21:56.480 the

00:21:56.640 IRS

00:21:56.880 and

00:21:57.120 they

00:21:57.220 got

00:21:57.400 millions

00:21:58.000 and

00:21:58.180 millions

00:21:58.380 of

00:21:58.540 dollars

00:21:58.740 of

00:21:58.920 fines

00:21:59.140 they

00:21:59.300 imposed

00:21:59.580 on

00:21:59.740 people

00:21:59.920 for

00:22:00.060 not

00:22:00.240 buying

00:22:00.480 health

00:22:00.700 insurance

00:22:01.160 as

00:22:01.700 part

00:22:02.180 of

00:22:02.520 the

00:22:02.880 Trump

00:22:03.120 tax

00:22:03.480 cut

00:22:03.800 we

00:22:04.140 zeroed

00:22:04.680 that

00:22:04.840 out

00:22:05.040 we

00:22:05.220 lowered

00:22:05.620 the

00:22:05.860 fine

00:22:06.260 to

00:22:06.560 zero

00:22:06.900 which

00:22:07.860 effectively

00:22:08.400 eliminated

00:22:08.920 it

00:22:09.200 so

00:22:10.340 what

00:22:10.520 happened

00:22:10.820 in

00:22:10.960 this

00:22:11.120 Obamacare

00:22:11.660 case

00:22:12.140 is

00:22:12.460 the

00:22:13.300 state

00:22:13.560 of

00:22:13.720 Texas

00:22:14.120 filed

00:22:14.500 a

00:22:14.660 lawsuit

00:22:14.960 and

00:22:15.140 they

00:22:15.260 said

00:22:15.420 well

00:22:15.680 if

00:22:16.320 it's

00:22:16.520 been

00:22:16.700 lower

00:22:17.080 to

00:22:17.380 zero

00:22:17.800 it's

00:22:19.000 no

00:22:19.140 longer

00:22:19.440 a

00:22:19.620 tax

00:22:19.960 and

00:22:21.040 if

00:22:21.180 it's

00:22:21.360 no

00:22:21.540 longer

00:22:21.900 a

00:22:22.120 tax

00:22:22.500 then

00:22:22.720 the

00:22:22.900 basis

00:22:23.240 for

00:22:23.500 concluding

00:22:23.980 it's

00:22:24.200 constitutional

00:22:24.780 has

00:22:25.960 disappeared

00:22:26.460 and

00:22:27.240 if

00:22:27.380 the

00:22:27.540 individual

00:22:27.940 mandate

00:22:28.400 is

00:22:28.640 not

00:22:28.860 constitutional

00:22:29.500 then

00:22:29.800 the

00:22:29.980 rest

00:22:30.240 of

00:22:30.400 Obamacare

00:22:31.180 should

00:22:32.880 be

00:22:33.080 struck

00:22:33.380 down

00:22:33.720 as

00:22:33.920 well

00:22:34.140 so

00:22:34.720 that

00:22:34.920 was

00:22:35.080 their

00:22:35.280 argument

00:22:35.600 it

00:22:35.760 went

00:22:35.880 all

00:22:36.060 the

00:22:36.140 way

00:22:36.260 to

00:22:36.340 the

00:22:36.480 Supreme

00:22:36.740 Court

00:22:37.100 long

00:22:38.380 and

00:22:38.520 short

00:22:38.720 of

00:22:38.840 it

00:22:38.960 is

00:22:39.080 the

00:22:39.240 Supreme

00:22:39.500 Court

00:22:39.780 rejected

00:22:40.360 that

00:22:40.680 argument

00:22:41.060 by a

00:22:41.400 vote

00:22:41.500 of

00:22:41.620 7

00:22:42.080 to

00:22:42.300 2

00:22:42.560 so

00:22:42.760 rejected

00:22:43.360 it

00:22:43.680 overwhelming

00:22:45.100 they

00:22:45.660 did

00:22:45.960 so

00:22:46.240 on

00:22:46.400 a

00:22:46.500 really

00:22:46.660 strange

00:22:47.060 ground

00:22:47.420 they

00:22:48.560 did

00:22:48.780 so

00:22:49.080 on

00:22:49.260 the

00:22:49.400 ground

00:22:49.700 of

00:22:49.880 standing

00:22:50.380 they

00:22:50.820 concluded

00:22:51.360 that

00:22:51.720 Texas

00:22:52.100 and

00:22:52.320 a

00:22:52.420 bunch

00:22:52.580 of

00:22:52.700 other

00:22:52.860 states

00:22:53.160 that

00:22:53.340 were

00:22:53.480 suing

00:22:53.900 did

00:22:54.920 not

00:22:55.140 have

00:22:55.340 standing

00:22:55.760 to

00:22:56.000 sue

00:22:56.220 and

00:22:56.360 the

00:22:56.780 individual

00:22:57.260 plaintiffs

00:22:57.700 there

00:22:57.820 were

00:22:57.920 also

00:22:58.080 some

00:22:58.280 individual

00:22:58.580 people

00:22:58.920 who

00:22:59.020 were

00:22:59.100 part

00:22:59.280 of

00:22:59.360 the

00:22:59.440 lawsuits

00:22:59.660 they

00:22:59.880 said

00:23:00.040 they

00:23:00.200 didn't

00:23:00.400 have

00:23:00.560 standing

00:23:00.880 now

00:23:01.640 what

00:23:01.780 does

00:23:01.940 standing

00:23:02.260 mean

00:23:02.560 standing

00:23:03.300 is

00:23:03.700 a

00:23:03.880 requirement

00:23:04.400 of

00:23:04.580 the

00:23:04.680 constitution

00:23:05.200 under

00:23:05.500 article

00:23:05.780 three

00:23:06.080 of

00:23:06.220 the

00:23:06.320 constitution

00:23:06.860 courts

00:23:08.520 don't

00:23:08.820 just

00:23:09.060 issue

00:23:09.400 opinions

00:23:09.820 on

00:23:10.040 any

00:23:10.220 question

00:23:10.580 that

00:23:10.760 comes

00:23:10.980 up

00:23:11.260 it

00:23:12.400 has

00:23:12.780 to

00:23:12.960 be

00:23:13.140 what

00:23:13.320 the

00:23:13.440 constitution

00:23:13.900 says

00:23:14.320 is

00:23:14.500 an

00:23:14.660 actual

00:23:15.340 case

00:23:16.560 or

00:23:16.940 controversy

00:23:17.640 in

00:23:17.820 other

00:23:17.920 words

00:23:18.020 it's

00:23:18.160 got

00:23:18.280 to

00:23:18.320 be

00:23:18.420 a

00:23:18.540 fight

00:23:18.800 you

00:23:19.880 can't

00:23:20.220 just

00:23:20.380 go

00:23:20.560 to

00:23:20.700 the

00:23:20.840 court

00:23:21.200 and

00:23:21.340 say

00:23:21.480 hey

00:23:21.680 I'd

00:23:21.900 like

00:23:22.100 you

00:23:22.200 to

00:23:22.320 answer

00:23:22.580 this

00:23:22.880 abstract

00:23:23.220 question

00:23:23.680 of

00:23:23.840 law

00:23:24.140 my

00:23:25.680 pals

00:23:26.300 and

00:23:26.440 I

00:23:26.560 were

00:23:26.720 debating

00:23:27.140 in

00:23:27.320 our

00:23:27.460 dorm

00:23:27.740 room

00:23:27.960 last

00:23:28.240 night

00:23:28.480 so

00:23:28.660 could

00:23:28.840 you

00:23:28.940 please

00:23:29.180 give

00:23:29.340 us

00:23:29.460 a

00:23:29.560 conclusion

00:23:29.940 and

00:23:30.400 by

00:23:30.580 the

00:23:30.700 way

00:23:30.820 there

00:23:30.940 are

00:23:31.000 legal

00:23:31.200 systems

00:23:31.580 that

00:23:31.760 allow

00:23:32.000 that

00:23:32.240 that

00:23:32.660 actually

00:23:33.520 have

00:23:33.920 their

00:23:34.140 legal

00:23:34.420 systems

00:23:34.860 for

00:23:35.040 example

00:23:35.360 the

00:23:35.560 legislatures

00:23:36.140 can

00:23:36.320 ask

00:23:36.540 the

00:23:36.720 court

00:23:36.980 give

00:23:37.540 us

00:23:37.700 a

00:23:37.820 legal

00:23:38.000 decision

00:23:38.420 on

00:23:38.620 this

00:23:38.780 question

00:23:39.100 of

00:23:39.260 law

00:23:39.500 our

00:23:40.420 system

00:23:40.880 doesn't

00:23:41.260 do

00:23:41.520 that

00:23:41.860 and

00:23:42.000 it's

00:23:42.180 more

00:23:42.380 limited

00:23:42.840 because

00:23:43.860 it

00:23:44.080 requires

00:23:44.760 a

00:23:45.000 real

00:23:45.320 dispute

00:23:53.220 hurt

00:23:53.760 right

00:23:54.360 by

00:23:55.040 this

00:23:55.360 law

00:23:55.780 in

00:23:56.040 order

00:23:56.220 for

00:23:56.420 you

00:23:56.540 to

00:23:56.700 challenge

00:23:57.060 it

00:23:57.200 you

00:23:57.340 can't

00:23:57.600 just

00:23:57.740 challenge

00:23:58.140 a

00:23:58.280 law

00:23:58.420 you

00:23:58.560 don't

00:23:58.700 like

00:23:59.040 it's

00:24:00.280 got

00:24:00.480 to

00:24:00.680 have

00:24:00.880 actually

00:24:01.560 injured

00:24:02.260 you

00:24:02.660 justice

00:24:03.260 briar

00:24:03.760 wrote

00:24:04.020 the

00:24:04.160 majority

00:24:04.520 opinion

00:24:05.020 and

00:24:06.200 they

00:24:06.380 concluded

00:24:06.900 the

00:24:07.140 states

00:24:07.440 weren't

00:24:07.700 hurt

00:24:07.880 by

00:24:08.100 it

00:24:08.200 the

00:24:08.280 people

00:24:08.480 weren't

00:24:08.720 hurt

00:24:08.900 by

00:24:09.120 it

00:24:09.280 and

00:24:09.460 it

00:24:09.760 is

00:24:10.000 a

00:24:10.200 very

00:24:10.620 narrow

00:24:12.180 reading

00:24:12.740 I

00:24:13.040 think

00:24:13.300 it's

00:24:13.500 a

00:24:13.660 far

00:24:14.020 too

00:24:14.400 narrow

00:24:14.740 reading

00:24:15.200 you

00:24:15.540 mean

00:24:15.700 because

00:24:16.100 senator

00:24:16.500 they're

00:24:16.900 saying

00:24:18.020 if

00:24:18.200 there's

00:24:18.440 no

00:24:18.720 penalty

00:24:19.240 if

00:24:19.560 you

00:24:19.900 zero

00:24:20.260 it

00:24:20.500 out

00:24:20.800 then

00:24:21.200 you're

00:24:21.740 not

00:24:21.940 being

00:24:22.140 injured

00:24:22.420 by

00:24:22.700 it

00:24:22.860 is

00:24:22.980 that

00:24:23.140 the

00:24:23.300 argument

00:24:23.640 that

00:24:24.320 is

00:24:24.760 and

00:24:25.040 so

00:24:25.420 you're

00:24:25.700 intuiting

00:24:26.200 where

00:24:26.500 briar

00:24:27.140 went

00:24:27.560 but

00:24:28.560 Texas's

00:24:29.380 argument

00:24:29.780 and

00:24:29.940 the

00:24:30.080 state's

00:24:30.440 argument

00:24:30.780 and

00:24:30.960 the

00:24:31.060 individual

00:24:31.380 plaintiff's

00:24:31.860 argument

00:24:32.140 is

00:24:32.400 yeah

00:24:32.620 but

00:24:32.800 we're

00:24:33.060 hurt

00:24:33.260 by

00:24:33.440 Obamacare

00:24:34.060 the

00:24:34.800 Obamacare

00:24:35.460 regs

00:24:36.180 have

00:24:36.640 driven

00:24:37.080 health

00:24:37.420 insurance

00:24:37.860 premiums

00:24:38.440 up

00:24:38.660 massively

00:24:39.860 so

00:24:40.180 we're

00:24:40.380 paying

00:24:40.860 thousands

00:24:42.340 more

00:24:42.800 Texas

00:24:43.220 the state

00:24:43.660 of Texas

00:24:44.080 alone

00:24:44.440 said

00:24:44.680 they

00:24:44.820 were

00:24:44.920 paying

00:24:45.240 80

00:24:45.680 million

00:24:46.080 dollars

00:24:46.480 more

00:24:46.900 in

00:24:47.400 health

00:24:47.640 insurance

00:24:48.020 costs

00:24:48.360 for

00:24:48.580 their

00:24:48.800 employees

00:24:49.420 because

00:24:50.120 of

00:24:50.500 the

00:24:50.660 Obamacare

00:24:51.260 requirements

00:24:51.980 and so

00:24:52.220 they're

00:24:52.340 like

00:24:52.500 80

00:24:53.200 million

00:24:53.500 dollars

00:24:53.820 a

00:24:53.980 year

00:24:54.180 that's

00:24:54.840 a

00:24:55.780 real

00:24:56.180 injury

00:24:56.780 and the

00:24:58.140 majority

00:24:58.660 parsed

00:24:59.760 things

00:25:00.040 so

00:25:00.340 narrowly

00:25:01.020 that

00:25:01.140 they

00:25:01.260 said

00:25:01.400 well

00:25:01.640 yeah

00:25:01.940 but

00:25:02.160 the

00:25:02.300 individual

00:25:02.620 mandate

00:25:02.980 is

00:25:03.140 not

00:25:03.320 hurting

00:25:03.600 you

00:25:03.840 because

00:25:04.800 it's

00:25:05.040 zero

00:25:05.300 and

00:25:05.520 I

00:25:06.300 think

00:25:06.600 it

00:25:06.800 was

00:25:07.160 it

00:25:08.300 was

00:25:08.460 angels

00:25:08.820 dancing

00:25:09.240 on the

00:25:09.480 head

00:25:09.620 of

00:25:09.720 a

00:25:09.840 pin

00:25:10.140 so

00:25:11.640 Justice

00:25:12.040 Alito

00:25:13.040 dissents

00:25:13.940 along

00:25:15.500 with

00:25:15.720 Gorsuch

00:25:16.240 and

00:25:17.600 Alito's

00:25:18.120 pissed

00:25:18.520 both

00:25:19.540 of

00:25:19.720 these

00:25:20.000 dissents

00:25:20.480 are

00:25:20.640 interesting

00:25:21.160 because

00:25:21.600 they're

00:25:22.140 look

00:25:22.980 you can

00:25:23.280 you read

00:25:23.740 Supreme

00:25:24.060 Court

00:25:24.320 dissents

00:25:24.800 that are

00:25:25.080 sometimes

00:25:25.740 I read

00:25:27.340 the law

00:25:27.700 a little

00:25:27.980 bit

00:25:28.220 differently

00:25:28.720 I would

00:25:29.380 come out

00:25:29.780 to this

00:25:30.100 decision

00:25:30.620 slightly

00:25:31.200 differently

00:25:31.760 Alito's

00:25:32.740 worked up

00:25:33.320 and

00:25:34.040 he

00:25:34.700 I think

00:25:36.040 rightly

00:25:36.420 takes the

00:25:36.900 majority

00:25:37.260 to task

00:25:37.880 that they

00:25:38.280 are

00:25:38.460 dodging

00:25:39.260 the

00:25:39.460 question

00:25:39.880 entirely

00:25:40.500 that this

00:25:41.280 standing

00:25:41.760 argument

00:25:42.280 you know

00:25:43.720 to the

00:25:44.060 millions

00:25:44.380 of

00:25:44.600 Americans

00:25:44.960 whose

00:25:45.340 health

00:25:45.740 insurance

00:25:46.120 premiums

00:25:46.620 have

00:25:46.720 skyrocketed

00:25:47.380 under

00:25:47.560 Obamacare

00:25:48.220 guess

00:25:49.280 what

00:25:49.540 Supreme

00:25:49.860 Court

00:25:50.080 just

00:25:50.300 said

00:25:50.480 you

00:25:50.600 haven't

00:25:50.820 been

00:25:50.940 hurt

00:25:51.200 you're

00:25:51.520 right

00:25:51.680 when

00:25:52.180 you're

00:25:52.340 writing

00:25:52.540 the

00:25:52.720 check

00:25:52.960 it

00:25:53.080 doesn't

00:25:53.260 hurt

00:25:53.460 you

00:25:53.560 at

00:25:53.640 all

00:25:53.820 that

00:25:54.420 extra

00:25:54.740 money

00:25:55.060 is

00:25:55.320 not

00:25:55.580 an

00:25:55.720 injury

00:25:56.020 it's

00:25:56.240 not

00:25:56.460 damaged

00:25:56.840 I

00:25:57.320 think

00:25:57.680 that's

00:25:57.920 a

00:25:58.020 pretty

00:25:58.180 loopy

00:25:58.660 conclusion

00:25:59.220 but

00:26:00.540 that's

00:26:00.820 what

00:26:00.980 seven

00:26:01.280 justices

00:26:01.820 did

00:26:02.080 now

00:26:02.240 what's

00:26:02.500 interesting

00:26:02.960 about

00:26:03.240 this

00:26:03.440 Michael

00:26:03.740 you

00:26:04.620 remember

00:26:11.760 nominated

00:26:12.260 is

00:26:13.660 this

00:26:13.880 crazy

00:26:14.280 lady

00:26:14.540 is

00:26:14.680 going

00:26:14.780 to

00:26:14.860 repeal

00:26:15.180 Obamacare

00:26:15.720 and

00:26:16.620 they

00:26:16.760 said

00:26:16.940 this

00:26:17.240 is

00:26:17.440 the

00:26:17.580 vote

00:26:17.800 to

00:26:17.980 repeal

00:26:18.320 Obamacare

00:26:18.980 she

00:26:19.680 is

00:26:20.020 going

00:26:20.280 to

00:26:20.480 take

00:26:20.800 your

00:26:21.020 health

00:26:21.300 insurance

00:26:21.820 away

00:26:22.240 well

00:26:23.900 Justice

00:26:24.260 Barrett

00:26:24.660 was

00:26:24.860 with

00:26:25.040 Justice

00:26:25.380 Breyer

00:26:25.740 was

00:26:26.000 with

00:26:26.200 the

00:26:26.340 majority

00:26:26.760 with

00:26:27.020 the

00:26:27.180 7-2

00:26:27.780 that

00:26:28.420 concluded

00:26:28.840 there

00:26:29.060 was

00:26:29.280 no

00:26:29.440 standing

00:26:29.840 I

00:26:30.040 think

00:26:30.220 that's

00:26:30.500 a

00:26:30.620 disappointing

00:26:31.120 ruling

00:26:31.580 and

00:26:33.020 there

00:26:33.260 are

00:26:33.420 times

00:26:34.080 where

00:26:34.600 there's

00:26:35.580 so

00:26:35.800 much

00:26:36.060 political

00:26:36.520 demagoguery

00:26:37.420 from

00:26:38.500 the

00:26:38.640 political

00:26:38.940 processes

00:26:39.600 that

00:26:40.900 it

00:26:41.060 scares

00:26:41.680 justices

00:26:42.480 into

00:26:42.880 avoiding

00:26:43.440 the

00:26:43.680 hard

00:26:43.880 questions

00:26:44.440 and

00:26:45.760 I

00:26:45.980 think

00:26:46.120 there's

00:26:46.340 a

00:26:46.460 very

00:26:46.620 real

00:26:46.920 argument

00:26:47.340 that

00:26:48.400 they

00:26:48.580 did

00:26:48.920 that

00:26:49.240 in

00:26:49.460 both

00:26:49.780 of

00:26:49.940 these

00:26:50.160 cases

00:26:50.580 and

00:26:50.780 that's

00:26:51.080 why

00:26:51.260 Alito

00:26:51.560 is

00:26:51.760 really

00:26:51.980 worked

00:26:52.280 up

00:26:52.560 is

00:26:52.740 that

00:26:53.120 he

00:26:53.280 feels

00:26:53.700 that

00:26:54.060 the

00:26:54.760 justices

00:26:55.300 in

00:26:55.480 the

00:26:55.580 majority

00:26:56.000 in

00:26:56.220 both

00:26:56.400 the

00:26:56.520 Philadelphia

00:26:56.880 case

00:26:57.500 and

00:26:57.740 the

00:26:57.860 Obamacare

00:26:58.360 case

00:26:58.860 are

00:26:59.700 dodging

00:27:00.280 the

00:27:00.460 hard

00:27:00.700 questions

00:27:01.200 because

00:27:01.480 they're

00:27:01.740 scared

00:27:01.960 of

00:27:02.080 the

00:27:02.200 politics

00:27:02.740 that

00:27:04.380 is

00:27:05.340 not

00:27:05.600 an

00:27:05.740 encouraging

00:27:06.180 sign

00:27:06.600 for

00:27:06.800 next

00:27:07.080 year

00:27:07.460 on

00:27:07.840 the

00:27:08.080 big

00:27:08.480 big

00:27:08.720 ticket

00:27:09.040 cases

00:27:09.580 of

00:27:10.700 abortion

00:27:11.880 and

00:27:12.100 second

00:27:12.320 amendment

00:27:12.640 you know

00:27:13.360 I saw

00:27:13.920 some

00:27:14.220 commentators

00:27:15.040 making

00:27:15.840 this point

00:27:16.320 about

00:27:16.540 Amy

00:27:16.760 Coney

00:27:17.000 Barrett

00:27:17.420 and

00:27:17.920 they

00:27:18.060 said

00:27:18.280 you

00:27:18.400 see

00:27:18.800 we

00:27:19.360 proved

00:27:19.840 the

00:27:20.040 Democrats

00:27:20.560 wrong

00:27:21.140 because

00:27:21.760 Amy

00:27:22.180 Coney

00:27:22.500 Barrett

00:27:22.820 was

00:27:23.020 supposed

00:27:23.320 to

00:27:23.600 vote

00:27:23.760 to

00:27:23.900 repeal

00:27:24.160 Obamacare

00:27:24.660 but

00:27:24.800 then

00:27:24.940 she

00:27:25.080 didn't

00:27:25.400 haha

00:27:25.660 we

00:27:25.940 proved

00:27:26.220 you

00:27:26.340 wrong

00:27:26.580 and

00:27:26.660 I

00:27:26.760 thought

00:27:26.920 yep

00:27:27.180 if

00:27:27.660 we

00:27:27.800 keep

00:27:28.000 proving

00:27:28.300 the

00:27:28.440 Democrats

00:27:28.840 wrong

00:27:29.200 we're

00:27:29.400 not

00:27:29.580 going

00:27:29.780 have

00:27:29.920 a

00:27:30.040 country

00:27:30.320 left

00:27:30.580 to

00:27:30.720 conserve

00:27:31.140 and

00:27:31.560 this

00:27:31.740 is

00:27:31.880 not

00:27:32.100 not

00:27:32.580 a

00:27:32.700 good

00:27:32.840 way

00:27:33.060 to

00:27:33.260 do

00:27:33.480 it

00:27:33.680 but

00:27:34.660 this

00:27:35.200 raises

00:27:35.560 questions

00:27:36.080 forget

00:27:36.560 about

00:27:36.760 these

00:27:36.940 cases

00:27:37.220 for

00:27:37.400 a

00:27:37.540 second

00:27:37.780 this

00:27:38.780 raises

00:27:39.040 questions

00:27:39.440 about

00:27:39.600 the

00:27:39.720 cases

00:27:39.960 coming

00:27:40.260 up

00:27:40.420 and

00:27:40.540 specifically

00:27:41.000 a

00:27:41.320 case

00:27:41.580 that

00:27:41.940 you

00:27:42.160 are

00:27:42.340 bringing

00:27:42.600 to

00:27:42.760 the

00:27:42.880 Supreme

00:27:43.120 Court

00:27:43.380 well

00:27:43.880 that's

00:27:44.160 right

00:27:44.340 so

00:27:44.540 I

00:27:44.800 am

00:27:44.980 a

00:27:45.220 plaintiff

00:27:45.880 in

00:27:46.000 a

00:27:46.100 case

00:27:46.380 that

00:27:46.520 is

00:27:46.640 going

00:27:46.860 to

00:27:47.000 the

00:27:47.120 Supreme

00:27:47.400 Court

00:27:47.720 and

00:27:47.880 going

00:27:48.060 to

00:27:48.180 the

00:27:48.300 Supreme

00:27:48.480 courts

00:27:48.760 on

00:27:48.920 the

00:27:49.200 merits

00:27:49.500 and

00:27:49.660 it

00:27:49.800 is

00:27:50.260 a

00:27:50.940 less

00:27:51.320 consequential

00:27:52.260 case

00:27:52.700 than

00:27:53.080 these

00:27:53.260 cases

00:27:53.580 we've

00:27:53.820 been

00:27:53.940 discussing

00:27:54.360 but

00:27:54.600 it's

00:27:54.840 still

00:27:55.060 a

00:27:55.560 significant

00:27:56.140 case

00:27:56.640 and

00:27:57.800 it

00:27:57.920 is

00:27:58.120 challenging

00:27:58.800 a

00:27:59.260 provision

00:27:59.760 of

00:28:00.080 McCain

00:28:00.440 Feingold

00:28:01.020 which

00:28:01.420 is

00:28:01.580 the

00:28:01.720 big

00:28:01.940 campaign

00:28:02.360 finance

00:28:03.000 legislation

00:28:04.720 and

00:28:06.700 the

00:28:07.960 Supreme

00:28:08.160 Court

00:28:08.380 has

00:28:08.540 heard

00:28:08.680 challenges

00:28:09.180 to

00:28:09.400 different

00:28:09.660 aspects

00:28:10.120 of

00:28:10.280 McCain

00:28:10.540 Feingold

00:28:11.020 before

00:28:11.340 what

00:28:11.600 I'm

00:28:11.820 challenging

00:28:12.240 is

00:28:12.460 one

00:28:12.640 particular

00:28:13.080 provision

00:28:13.560 that

00:28:14.840 prohibits

00:28:15.580 a

00:28:15.820 candidate

00:28:16.220 running

00:28:17.020 for

00:28:17.240 office

00:28:17.680 who

00:28:19.840 has

00:28:20.080 made

00:28:20.420 a

00:28:20.700 loan

00:28:21.200 of

00:28:21.460 your

00:28:21.620 own

00:28:21.880 personal

00:28:22.340 funds

00:28:22.700 to

00:28:22.860 your

00:28:23.040 campaign

00:28:23.620 from

00:28:25.000 paying

00:28:25.460 yourself

00:28:25.960 back

00:28:26.480 after

00:28:27.200 the

00:28:27.460 election

00:28:27.920 with

00:28:29.120 funds

00:28:29.520 raised

00:28:29.920 after

00:28:30.240 the

00:28:30.440 election

00:28:30.860 to

00:28:32.520 the

00:28:32.700 extent

00:28:33.080 they

00:28:33.380 exceed

00:28:33.780 $250,000

00:28:34.920 so it

00:28:35.500 caps how

00:28:36.140 much

00:28:36.340 you can

00:28:36.620 repay

00:28:36.940 yourself

00:28:37.420 at

00:28:38.080 $250,000

00:28:39.040 I

00:28:40.760 believe

00:28:41.040 that

00:28:41.260 provision

00:28:41.700 is

00:28:42.180 unconstitutional

00:28:42.900 and so

00:28:44.140 I filed

00:28:44.660 a lawsuit

00:28:45.140 challenging

00:28:45.820 the Federal

00:28:46.240 Election

00:28:46.580 Commission

00:28:46.960 and

00:28:47.220 arguing

00:28:47.660 that

00:28:47.920 it's

00:28:48.080 unconstitutional

00:28:48.740 and

00:28:49.940 I

00:28:50.060 won

00:28:50.320 so

00:28:50.980 there

00:28:51.240 was

00:28:51.520 under

00:28:51.760 McCain

00:28:52.080 Feingold

00:28:52.560 there's

00:28:52.800 a

00:28:52.940 special

00:28:53.200 provision

00:28:53.880 to

00:28:54.080 consider

00:28:54.400 challenges

00:28:54.980 to

00:28:55.220 that

00:28:55.420 law

00:28:55.700 and

00:28:57.060 they

00:28:57.620 convened

00:28:58.260 what's

00:28:58.540 called

00:28:58.820 a

00:28:59.000 three

00:28:59.280 judge

00:28:59.640 district

00:29:00.000 court

00:29:00.320 it

00:29:00.460 consisted

00:29:00.860 of

00:29:01.140 a

00:29:01.300 court

00:29:01.480 of

00:29:01.580 appeals

00:29:01.940 judge

00:29:02.400 and

00:29:03.200 two

00:29:03.380 district

00:29:03.740 judges

00:29:04.100 and

00:29:04.260 they

00:29:04.400 operate

00:29:04.860 as

00:29:05.120 a

00:29:05.280 district

00:29:05.640 court

00:29:06.580 we

00:29:07.660 won

00:29:07.940 unanimously

00:29:08.500 the

00:29:08.740 three

00:29:08.940 judge

00:29:09.200 district

00:29:09.520 court

00:29:09.820 unanimously

00:29:10.480 ruled

00:29:11.160 in my

00:29:11.760 favor

00:29:12.080 and concluded

00:29:12.620 this

00:29:12.900 provision

00:29:13.280 was

00:29:13.520 unconstitutional

00:29:14.240 the

00:29:15.600 decision

00:29:17.660 one of

00:29:21.640 the

00:29:21.760 three

00:29:22.000 judges

00:29:22.420 on the

00:29:23.180 panel

00:29:23.460 was

00:29:23.660 an

00:29:23.780 Obama

00:29:24.080 judge

00:29:24.420 a

00:29:24.540 district

00:29:24.820 judge

00:29:25.160 who

00:29:25.280 joined

00:29:25.660 the

00:29:25.800 opinion

00:29:26.100 in

00:29:26.320 full

00:29:26.600 under

00:29:28.580 McCain

00:29:29.000 Feingold

00:29:29.660 the

00:29:30.820 federal

00:29:31.120 election

00:29:31.540 commission

00:29:32.000 can

00:29:32.240 appeal

00:29:32.580 that

00:29:32.860 case

00:29:33.200 directly

00:29:33.720 to

00:29:33.900 the

00:29:34.040 US

00:29:34.280 Supreme

00:29:34.580 Court

00:29:34.880 so

00:29:35.040 you

00:29:35.160 skip

00:29:35.420 the

00:29:35.580 court

00:29:35.720 of

00:29:35.820 appeals

00:29:36.200 and

00:29:38.120 it's

00:29:38.340 not

00:29:38.640 discretionary

00:29:39.460 whether

00:29:39.660 they

00:29:39.860 take

00:29:40.140 it

00:29:40.260 so

00:29:40.420 ordinarily

00:29:41.140 the

00:29:42.260 Supreme

00:29:42.560 Court's

00:29:42.960 jurisdiction

00:29:43.360 is

00:29:43.620 discretionary

00:29:44.140 it

00:29:44.240 can

00:29:44.380 choose

00:29:44.680 do

00:29:44.820 I

00:29:44.940 want

00:29:45.100 to

00:29:45.180 hear

00:29:45.320 an

00:29:45.440 appeal

00:29:45.680 or

00:29:45.840 not

00:29:47.660 Feingold

00:29:48.140 they

00:29:48.340 wrote

00:29:48.620 that

00:29:48.760 it's

00:29:48.920 an

00:29:49.020 automatic

00:29:49.380 appeal

00:29:49.780 and

00:29:49.980 so

00:29:50.240 the

00:29:50.740 federal

00:29:50.960 election

00:29:51.300 commission

00:29:51.740 did

00:29:52.120 appeal

00:29:52.420 it

00:29:52.640 and

00:29:53.480 so

00:29:53.660 next

00:29:53.960 year

00:29:54.200 the

00:29:54.380 court

00:29:54.600 will

00:29:54.800 decide

00:29:55.440 whether

00:29:56.720 my

00:29:57.020 claim

00:29:57.300 is

00:29:57.440 valid

00:29:57.760 and

00:29:58.040 at

00:29:58.360 the

00:29:58.520 end

00:29:58.680 of

00:29:58.800 the

00:29:58.920 day

00:29:59.160 I

00:29:59.340 think

00:29:59.580 it

00:29:59.700 is

00:29:59.860 an

00:29:59.980 important

00:30:00.460 free

00:30:00.920 speech

00:30:01.340 issue

00:30:01.740 and

00:30:03.100 let

00:30:03.600 me

00:30:03.680 explain

00:30:04.060 why

00:30:04.400 so

00:30:05.780 whenever

00:30:06.080 you

00:30:06.240 have

00:30:06.380 campaign

00:30:06.760 finance

00:30:07.320 laws

00:30:08.160 that

00:30:08.320 are

00:30:08.420 passed

00:30:08.660 by

00:30:08.880 Congress

00:30:09.240 you

00:30:09.420 got

00:30:09.520 to

00:30:09.600 remember

00:30:09.780 these

00:30:10.680 are

00:30:10.820 incumbent

00:30:11.200 politicians

00:30:11.880 who

00:30:13.120 are

00:30:17.660 right

00:30:19.520 they

00:30:20.440 don't

00:30:20.720 want

00:30:20.940 to

00:30:21.120 lose

00:30:21.460 and

00:30:21.620 so

00:30:21.760 they

00:30:21.860 want

00:30:22.020 to

00:30:22.100 put

00:30:22.260 in

00:30:22.420 laws

00:30:22.880 so

00:30:23.640 you

00:30:23.920 can't

00:30:24.500 beat

00:30:24.880 incumbent

00:30:25.300 politicians

00:30:25.960 what

00:30:26.260 this

00:30:26.480 loan

00:30:26.780 repayment

00:30:27.440 provision

00:30:28.680 does

00:30:29.320 is

00:30:30.560 makes

00:30:30.920 it

00:30:31.140 hard

00:30:31.620 for

00:30:31.880 challengers

00:30:32.620 if

00:30:32.800 you

00:30:32.920 have

00:30:33.100 someone

00:30:33.460 running

00:30:33.780 for

00:30:34.000 office

00:30:34.320 you

00:30:34.560 decide

00:30:35.080 you

00:30:35.720 want

00:30:35.940 to

00:30:36.060 run

00:30:36.260 and

00:30:36.460 challenge

00:30:36.900 some

00:30:37.280 your

00:30:37.720 member

00:30:38.420 of

00:30:38.640 Congress

00:30:38.980 or

00:30:39.140 your

00:30:39.300 senator

00:30:39.620 and

00:30:40.560 let's

00:30:40.860 suppose

00:30:41.340 you

00:30:41.840 know

00:30:41.940 you've

00:30:42.280 saved

00:30:42.500 some

00:30:42.780 money

00:30:43.060 you've

00:30:43.360 got

00:30:43.500 a

00:30:43.660 house

00:30:44.100 and

00:30:44.340 you

00:30:44.520 take

00:30:44.920 say

00:30:45.180 a

00:30:45.320 mortgage

00:30:45.580 on

00:30:45.820 your

00:30:45.960 house

00:30:46.420 and

00:30:47.120 you

00:30:47.300 put

00:30:47.540 $500,000

00:30:48.340 into

00:30:48.740 the

00:30:48.900 campaign

00:30:49.180 and

00:30:49.640 that's

00:30:50.180 the

00:30:50.340 money

00:30:50.600 that

00:30:50.840 you

00:30:51.180 use

00:30:51.520 to

00:30:51.700 win

00:30:51.920 or

00:30:52.020 not

00:30:52.240 well

00:30:52.420 what

00:30:52.660 this

00:30:52.880 is

00:30:53.040 saying

00:30:53.320 is

00:30:53.520 well

00:30:53.660 you

00:30:53.760 know

00:30:53.900 what

00:30:54.100 if

00:30:54.220 you

00:30:54.320 put

00:30:54.500 $500,000

00:30:55.280 into

00:30:55.680 your

00:30:55.840 campaign

00:30:56.300 from

00:30:56.480 the

00:30:56.600 mortgage

00:30:56.800 in

00:30:56.980 your

00:30:57.080 house

00:30:57.440 you

00:30:58.380 can

00:30:58.480 only

00:30:58.660 pay

00:30:58.880 back

00:30:59.240 $250,000

00:30:59.920 the

00:31:00.080 other

00:31:00.280 $250,000

00:31:00.820 you're

00:31:01.620 out of

00:31:01.940 luck

00:31:02.220 you've

00:31:02.540 given

00:31:02.800 your

00:31:03.060 money

00:31:03.360 to

00:31:03.560 the

00:31:03.720 people

00:31:03.980 of

00:31:04.140 America

00:31:04.620 as

00:31:05.340 a

00:31:05.860 mandatory

00:31:06.340 gift

00:31:06.980 why

00:31:08.240 did

00:31:08.400 Congress

00:31:08.740 do

00:31:08.960 this

00:31:09.140 and

00:31:09.240 McCain

00:31:09.480 find

00:31:09.760 gold

00:31:10.040 because

00:31:11.020 they

00:31:11.260 don't

00:31:11.420 want

00:31:11.700 you

00:31:11.800 to

00:31:11.940 put

00:31:12.200 mortgage

00:31:13.040 your

00:31:13.240 house

00:31:13.440 and

00:31:13.580 put

00:31:13.720 $500,000

00:31:14.440 to run

00:31:14.980 against

00:31:15.280 them

00:31:15.420 they

00:31:15.580 want

00:31:15.800 to

00:31:15.900 make

00:31:16.120 it

00:31:16.260 really

00:31:16.640 hard

00:31:17.280 to

00:31:18.340 beat

00:31:18.940 an

00:31:19.780 incumbent

00:31:20.280 and

00:31:20.520 so

00:31:20.660 what

00:31:20.820 this

00:31:21.060 rule

00:31:21.320 does

00:31:21.640 is

00:31:21.780 it

00:31:21.920 benefits

00:31:22.320 two

00:31:22.560 people

00:31:22.920 it

00:31:23.980 benefits

00:31:24.380 incumbents

00:31:25.000 and

00:31:26.260 it

00:31:26.420 benefits

00:31:26.840 the

00:31:27.080 super

00:31:27.380 rich

00:31:27.700 if

00:31:27.920 you're

00:31:28.120 a

00:31:28.240 gazillionaire

00:31:28.940 you

00:31:29.740 know

00:31:29.820 if

00:31:29.920 you've

00:31:30.080 got

00:31:30.240 hundreds

00:31:30.580 of

00:31:30.780 millions

00:31:31.000 of

00:31:31.180 dollars

00:31:31.400 and

00:31:31.540 by

00:31:31.700 the

00:31:31.820 way

00:31:31.980 a

00:31:32.120 number

00:31:32.320 of

00:31:32.420 my

00:31:32.600 colleagues

00:31:32.900 have

00:31:33.160 hundreds

00:31:33.560 of

00:31:33.900 millions

00:31:34.160 of

00:31:34.420 dollars

00:31:34.820 if

00:31:35.880 you

00:31:35.940 have

00:31:36.100 hundreds

00:31:36.360 of

00:31:36.540 millions

00:31:36.780 of

00:31:36.940 dollars

00:31:37.220 then

00:31:37.460 you

00:31:37.620 can

00:31:37.820 write

00:31:38.120 a

00:31:38.380 several

00:31:38.600 million

00:31:38.860 dollar

00:31:39.140 check

00:31:39.480 and

00:31:39.620 you

00:31:39.780 don't

00:31:40.100 really

00:31:40.580 care

00:31:40.920 if

00:31:41.060 you

00:31:41.140 get

00:31:41.300 paid

00:31:41.560 back

00:31:41.980 because

00:31:42.820 you're

00:31:43.060 so

00:31:43.300 rich

00:31:43.760 that

00:31:43.980 it

00:31:45.800 doesn't

00:31:46.120 have

00:31:46.260 that

00:31:46.420 big

00:31:46.580 an

00:31:46.680 impact

00:31:47.060 to

00:31:47.300 you

00:31:47.520 this

00:31:48.440 really

00:31:48.820 benefits

00:31:49.400 incumbents

00:31:50.100 and

00:31:50.280 the

00:31:50.420 super

00:31:50.680 rich

00:31:51.020 the

00:31:51.300 law

00:31:52.080 that

00:31:52.280 I'm

00:31:52.440 challenging

00:31:52.900 and

00:31:53.200 I

00:31:53.500 think

00:31:53.780 our

00:31:53.940 chances

00:31:54.260 are

00:31:54.480 very

00:31:54.660 good

00:31:55.000 that

00:31:55.620 the

00:31:55.780 Supreme

00:31:56.020 Court

00:31:56.240 is

00:31:56.360 going

00:31:56.460 to

00:31:56.540 agree

00:31:56.760 with

00:31:57.020 us

00:31:57.220 that

00:31:57.380 you

00:31:57.560 can't

00:31:58.500 prevent

00:31:58.940 people

00:31:59.400 from

00:31:59.700 investing

00:32:00.220 their

00:32:00.540 own

00:32:00.780 money

00:32:01.080 in

00:32:02.480 political

00:32:03.020 speech

00:32:03.540 and

00:32:03.700 trying

00:32:03.940 to

00:32:04.080 convince

00:32:04.380 the

00:32:04.580 American

00:32:04.900 people

00:32:05.400 of

00:32:07.700 the

00:32:07.920 policies

00:32:08.380 they

00:32:08.620 support

00:32:09.060 and

00:32:09.380 you

00:32:09.560 should

00:32:09.760 be

00:32:09.920 able

00:32:10.080 to

00:32:10.220 pay

00:32:10.420 yourself

00:32:10.840 back

00:32:11.200 your

00:32:11.520 own

00:32:11.900 money

00:32:12.260 that

00:32:12.520 you

00:32:12.740 invested

00:32:13.440 in

00:32:13.680 it

00:32:13.880 right

00:32:14.340 I

00:32:14.540 think

00:32:14.760 the

00:32:14.940 way

00:32:15.200 the

00:32:15.340 left

00:32:15.540 will

00:32:15.700 spin

00:32:15.920 it

00:32:16.040 of

00:32:16.160 course

00:32:16.440 is

00:32:16.660 that

00:32:16.860 this

00:32:17.240 is

00:32:17.380 about

00:32:17.600 politicians

00:32:18.200 being

00:32:18.540 able

00:32:18.700 to

00:32:18.840 pay

00:32:19.040 themselves

00:32:19.460 back

00:32:20.000 and

00:32:20.120 it's

00:32:20.280 just

00:32:20.480 a

00:32:20.600 way

00:32:20.720 you

00:32:20.800 know

00:32:20.880 boo

00:32:21.120 hoo

00:32:21.320 for

00:32:21.600 the

00:32:21.740 politicians

00:32:22.260 but

00:32:22.820 think

00:32:22.980 about

00:32:23.140 all

00:32:23.240 the

00:32:23.360 politicians

00:32:23.840 who

00:32:24.300 passed

00:32:24.680 the

00:32:24.880 law

00:32:25.160 who

00:32:25.360 are

00:32:25.440 trying

00:32:25.760 to

00:32:25.900 keep

00:32:26.080 challengers

00:32:26.780 out

00:32:27.060 of

00:32:27.180 their

00:32:27.340 races

00:32:27.740 as

00:32:28.500 usual

00:32:28.880 we're

00:32:29.320 running

00:32:29.520 very

00:32:29.760 late

00:32:30.060 but

00:32:30.280 before

00:32:30.580 we

00:32:30.780 go

00:32:30.940 I

00:32:31.080 have

00:32:31.320 to

00:32:31.420 ask

00:32:31.700 you

00:32:31.800 this

00:32:31.980 question

00:32:32.360 it's

00:32:32.700 a

00:32:32.820 little

00:32:32.960 bit

00:32:33.120 out

00:32:33.240 of

00:32:33.340 left

00:32:33.520 field

00:32:33.760 but

00:32:34.040 broadly

00:32:35.400 on

00:32:35.620 the

00:32:35.740 same

00:32:35.900 topic

00:32:36.280 this

00:32:37.120 question

00:32:37.600 is

00:32:38.220 from

00:32:38.520 Matthew

00:32:39.040 Senator

00:32:39.520 Cruz

00:32:40.100 if

00:32:41.020 you

00:32:41.180 could

00:32:41.420 unilaterally

00:32:42.260 add

00:32:43.180 or

00:32:43.440 remove

00:32:44.080 or

00:32:44.380 remove

00:32:44.860 one

00:32:45.720 constitutional

00:32:46.460 amendment

00:32:46.920 what

00:32:47.960 would

00:32:48.100 it

00:32:48.200 be

00:32:48.420 that

00:32:49.740 is

00:32:49.920 an

00:32:50.100 interesting

00:32:50.560 question

00:32:51.100 I

00:32:51.340 don't

00:32:51.900 know

00:32:52.220 let

00:32:52.440 me

00:32:52.660 look

00:32:54.960 if

00:32:55.160 I

00:32:55.320 could

00:32:55.500 add

00:32:55.960 something

00:32:56.620 I

00:32:58.940 would

00:32:59.180 probably

00:32:59.740 say

00:33:00.340 all right

00:33:00.680 it's

00:33:00.860 very

00:33:01.140 close

00:33:01.600 between

00:33:01.940 a

00:33:02.100 balanced

00:33:02.440 budget

00:33:02.820 amendment

00:33:03.200 and

00:33:03.520 a

00:33:03.660 term

00:33:03.820 limits

00:33:04.120 amendment

00:33:04.460 and

00:33:04.700 both

00:33:05.020 of

00:33:05.180 those

00:33:05.420 I

00:33:05.560 have

00:33:05.680 supported

00:33:06.100 I

00:33:06.240 am

00:33:06.300 the

00:33:06.420 author

00:33:06.680 of

00:33:06.840 a

00:33:06.940 term

00:33:07.100 limits

00:33:07.420 amendment

00:33:07.780 I

00:33:08.320 think

00:33:08.460 that's

00:33:08.700 a

00:33:08.820 really

00:33:09.340 important

00:33:09.900 fundamental

00:33:10.520 structural

00:33:11.240 reform

00:33:12.600 I

00:33:12.740 think

00:33:12.880 a

00:33:13.000 budget

00:33:13.280 amendment

00:33:14.320 which

00:33:14.560 most

00:33:14.880 of

00:33:15.020 the

00:33:15.140 states

00:33:15.420 have

00:33:15.700 would

00:33:15.860 be

00:33:15.960 a

00:33:16.100 really

00:33:16.260 big

00:33:16.520 deal

00:33:16.760 too

00:33:16.980 so

00:33:17.180 those

00:33:17.500 are

00:33:17.660 probably

00:33:18.600 the

00:33:18.800 top

00:33:19.060 two

00:33:19.300 that

00:33:19.440 I

00:33:19.560 would

00:33:19.720 add

00:33:20.320 look

00:33:21.480 you

00:33:21.620 could

00:33:21.780 make

00:33:22.020 an

00:33:22.200 argument

00:33:22.620 for

00:33:23.660 removing

00:33:24.240 the

00:33:24.560 16th

00:33:25.200 amendment

00:33:25.540 which

00:33:25.960 allows

00:33:26.520 for

00:33:26.980 an

00:33:27.120 income

00:33:27.360 tax

00:33:27.860 so

00:33:28.760 the

00:33:28.920 constitution

00:33:29.400 is

00:33:29.620 initially

00:33:29.980 written

00:33:30.420 did

00:33:30.680 not

00:33:30.920 allow

00:33:31.220 for

00:33:31.420 an

00:33:31.520 income

00:33:31.720 tax

00:33:32.200 and

00:33:33.380 when

00:33:34.020 we

00:33:34.280 added

00:33:34.660 the

00:33:35.100 16th

00:33:36.540 amendment

00:33:36.780 it

00:33:36.980 was

00:33:37.100 initially

00:33:37.540 meant

00:33:37.900 to

00:33:38.100 be

00:33:38.360 it

00:33:38.860 was

00:33:39.000 told

00:33:39.220 this

00:33:39.420 will

00:33:39.520 just

00:33:39.700 be

00:33:39.880 one

00:33:40.080 or

00:33:40.200 two

00:33:40.380 percent

00:33:40.640 it

00:33:40.800 will

00:33:40.860 be

00:33:40.960 really

00:33:41.200 small

00:33:41.640 it

00:33:41.800 will

00:33:41.880 just

00:33:42.100 be

00:33:42.260 for

00:33:42.400 the

00:33:42.540 super

00:33:42.760 rich

00:33:43.140 so

00:33:43.600 you

00:33:43.760 know

00:33:43.860 every

00:33:44.000 time

00:33:44.200 you

00:33:44.300 get

00:33:44.420 your

00:33:44.540 paycheck

00:33:44.880 all

00:33:45.120 that

00:33:45.240 money

00:33:45.460 taken

00:33:45.780 out

00:33:46.020 remember

00:33:46.520 that's

00:33:46.860 just

00:33:47.080 one

00:33:47.300 or

00:33:47.400 two

00:33:47.580 percent

00:33:47.880 and

00:33:48.080 it's

00:33:48.220 only

00:33:48.400 if

00:33:48.560 you're

00:33:48.680 a

00:33:48.780 billionaire

00:33:49.000 so

00:33:49.220 you

00:33:49.320 don't

00:33:49.440 get

00:33:49.580 any

00:33:49.680 money

00:33:49.820 taken

00:33:50.060 out

00:33:50.240 right

00:33:50.460 oh

00:33:52.440 good

00:33:52.800 that's

00:33:53.160 I

00:33:53.340 must

00:33:53.820 have

00:33:53.920 been

00:33:54.040 under

00:33:54.340 a

00:33:55.000 different

00:33:55.300 understanding

00:33:55.880 of

00:33:56.080 things

00:33:56.300 that's

00:33:56.580 great

00:33:56.780 I

00:33:57.080 think

00:33:57.320 it

00:33:57.440 would

00:33:57.540 be

00:33:57.660 a

00:33:57.820 far

00:33:58.080 better

00:33:58.380 tax

00:33:58.820 system

00:33:59.320 I

00:34:00.340 am

00:34:01.360 a

00:34:01.520 big

00:34:01.780 advocate

00:34:02.220 of

00:34:02.400 the

00:34:02.540 fair

00:34:02.740 tax

00:34:03.180 and

00:34:03.320 having

00:34:03.500 a

00:34:03.660 consumption

00:34:04.080 tax

00:34:04.500 I

00:34:04.640 think

00:34:04.760 that's

00:34:05.020 much

00:34:05.260 better

00:34:05.580 than

00:34:05.760 an

00:34:05.880 income

00:34:06.080 tax

00:34:06.540 the

00:34:07.520 simplest

00:34:08.160 way

00:34:08.480 of

00:34:08.640 putting

00:34:08.900 it

00:34:09.180 what

00:34:10.180 you

00:34:10.380 tax

00:34:10.900 decreases

00:34:11.720 what

00:34:12.120 you

00:34:12.300 subsidize

00:34:13.020 increases

00:34:13.620 right

00:34:13.980 now

00:34:14.200 we

00:34:14.400 tax

00:34:14.740 productivity

00:34:15.360 and

00:34:15.660 we

00:34:15.860 subsidize

00:34:16.660 sloth

00:34:17.540 that

00:34:18.320 is

00:34:18.900 less

00:34:19.180 than

00:34:19.360 ideal

00:34:19.820 by

00:34:21.400 the

00:34:21.540 way

00:34:21.700 as

00:34:21.860 an

00:34:22.020 interim

00:34:22.320 policy

00:34:22.840 proposal

00:34:23.320 I

00:34:23.560 support

00:34:23.900 a

00:34:24.020 flat

00:34:24.260 tax

00:34:24.620 I

00:34:24.760 think

00:34:24.960 a

00:34:25.100 flat

00:34:25.340 tax

00:34:25.620 is

00:34:25.740 still

00:34:25.960 an

00:34:26.080 income

00:34:26.280 tax

00:34:26.720 it

00:34:27.880 doesn't

00:34:28.140 go

00:34:28.300 as

00:34:28.480 far

00:34:28.800 as

00:34:28.960 the

00:34:29.080 fair

00:34:29.260 tax

00:34:29.580 which

00:34:29.780 I

00:34:29.920 ultimately

00:34:30.280 support

00:34:30.720 but

00:34:30.880 I

00:34:31.000 think

00:34:31.140 a

00:34:31.260 flat

00:34:31.480 tax

00:34:31.760 is

00:34:31.900 much

00:34:32.120 more

00:34:32.300 achievable

00:34:32.700 so

00:34:33.040 all

00:34:33.640 right

00:34:33.720 you

00:34:33.820 want

00:34:33.940 me

00:34:34.020 to

00:34:34.140 repeal

00:34:34.440 one

00:34:34.660 that's

00:34:34.900 what

00:34:35.000 I

00:34:35.100 repeal

00:34:35.720 okay

00:34:36.340 I

00:34:36.540 was

00:34:36.740 I

00:34:37.080 was

00:34:37.260 actually

00:34:37.600 thinking

00:34:38.200 although

00:34:38.720 I

00:34:38.920 suppose

00:34:39.240 in

00:34:39.520 your

00:34:39.740 job

00:34:40.220 this

00:34:40.440 wouldn't

00:34:40.680 make

00:34:40.860 sense

00:34:41.220 that

00:34:41.720 you

00:34:41.820 might

00:34:41.980 repeal

00:34:42.280 the

00:34:42.480 17th

00:34:43.060 amendment

00:34:43.280 the

00:34:43.620 direct

00:34:43.960 election

00:34:44.320 of

00:34:44.500 senators

00:34:44.840 which

00:34:45.180 look

00:34:45.540 obviously

00:34:46.020 direct

00:34:46.540 election

00:34:46.860 of

00:34:47.000 senators

00:34:47.300 has

00:34:47.540 worked

00:34:47.740 out

00:34:47.920 very

00:34:48.140 well

00:34:48.380 for

00:34:48.540 you

00:34:48.780 it's

00:34:49.160 given

00:34:49.360 us

00:34:49.560 at

00:34:49.920 least

00:34:50.080 a

00:34:50.220 handful

00:34:50.500 of

00:34:50.700 good

00:34:50.880 senators

00:34:51.260 but

00:34:52.100 it

00:34:52.340 removes

00:34:52.860 the

00:34:53.600 state

00:34:53.960 say

00:34:54.380 in

00:34:54.620 our

00:34:54.780 federal

00:34:55.080 government

00:34:55.520 and

00:34:55.700 many

00:34:55.960 conservatives

00:34:56.800 have

00:34:57.060 suggested

00:34:57.560 that

00:34:58.040 that

00:34:58.240 amendment

00:34:58.560 another

00:34:58.920 progressive

00:34:59.360 amendment

00:34:59.780 might

00:35:00.200 also

00:35:00.660 be

00:35:01.140 one

00:35:01.560 impediment

00:35:02.020 to

00:35:02.620 a

00:35:02.760 more

00:35:02.920 conservative

00:35:03.360 country

00:35:03.960 so

00:35:04.760 you know

00:35:05.620 as usual

00:35:06.360 Michael

00:35:06.640 you make

00:35:07.200 a very

00:35:07.420 good

00:35:07.560 argument

00:35:07.840 on this

00:35:08.360 and

00:35:08.660 and

00:35:09.120 as

00:35:09.940 the

00:35:10.220 hypo

00:35:10.680 was

00:35:10.940 framed

00:35:11.300 to me

00:35:11.620 the

00:35:11.780 17th

00:35:12.220 amendment

00:35:12.400 would

00:35:12.600 be

00:35:12.740 a

00:35:12.840 very

00:35:13.020 good

00:35:13.240 candidate

00:35:13.620 for

00:35:13.840 consideration

00:35:14.280 I've

00:35:14.780 said

00:35:15.020 before

00:35:15.400 if

00:35:15.640 I

00:35:15.800 could

00:35:16.080 push

00:35:17.040 a

00:35:17.200 magic

00:35:17.480 button

00:35:17.880 and

00:35:18.340 make

00:35:18.580 the

00:35:18.740 17th

00:35:19.220 amendment

00:35:19.420 go

00:35:19.680 away

00:35:19.900 I

00:35:20.040 would

00:35:20.400 precisely

00:35:21.740 because

00:35:22.340 you're

00:35:22.900 right

00:35:23.120 as the

00:35:23.400 constitution

00:35:23.800 was

00:35:24.060 initially

00:35:24.380 designed

00:35:24.940 senators

00:35:26.660 were

00:35:27.080 appointed

00:35:27.440 by the

00:35:27.800 state

00:35:28.000 legislatures

00:35:28.780 and

00:35:29.840 so

00:35:30.060 the

00:35:30.280 senate

00:35:30.740 operated

00:35:31.420 as a

00:35:32.320 check

00:35:32.740 on the

00:35:33.040 federal

00:35:33.200 government's

00:35:33.740 power

00:35:34.120 because

00:35:34.500 look

00:35:35.560 if it

00:35:35.860 were

00:35:36.020 the

00:35:36.200 state

00:35:36.420 legislature

00:35:37.000 appointing

00:35:37.560 me

00:35:37.740 I'm

00:35:37.940 not

00:35:38.080 going

00:35:38.180 to

00:35:38.240 go

00:35:38.340 to

00:35:38.500 Washington

00:35:38.940 and

00:35:39.300 then

00:35:39.560 vote

00:35:40.140 to

00:35:40.320 take

00:35:40.520 away

00:35:40.720 all

00:35:40.900 their

00:35:41.080 power

00:35:41.460 and

00:35:41.700 suck

00:35:41.920 it

00:35:42.020 all

00:35:42.160 into

00:35:42.340 Washington

00:35:42.820 you know

00:35:44.200 you tend

00:35:44.760 to be

00:35:45.060 responsive

00:35:45.640 to the

00:35:46.060 people

00:35:46.280 who put

00:35:46.600 you

00:35:46.720 in

00:35:46.840 the

00:35:46.920 job

00:35:47.220 at

00:35:47.400 least

00:35:47.600 theoretically

00:35:48.400 in

00:35:48.600 a

00:35:48.720 democratically

00:35:49.200 accountable

00:35:49.680 situation

00:35:50.760 so

00:35:51.100 when

00:35:52.240 we

00:35:52.520 moved

00:35:52.920 to

00:35:53.060 the

00:35:53.200 direct

00:35:53.520 elections

00:35:54.040 of

00:35:54.360 senators

00:35:54.800 we

00:35:55.140 removed

00:35:55.680 one

00:35:56.020 of

00:35:56.160 the

00:35:56.320 major

00:35:56.980 constraints

00:35:57.680 on the

00:35:58.020 growth

00:35:58.300 of

00:35:58.460 federal

00:35:58.680 power

00:35:59.060 and

00:35:59.260 spending

00:35:59.620 and

00:35:59.880 debt

00:36:00.140 so

00:36:01.620 with

00:36:02.460 a

00:36:02.580 magic

00:36:02.920 wand

00:36:03.400 I

00:36:03.600 would

00:36:03.720 be

00:36:03.840 quite

00:36:04.080 open

00:36:04.340 on

00:36:04.560 doing

00:36:04.800 that

00:36:05.160 that

00:36:06.080 being

00:36:06.380 said

00:36:06.800 you know

00:36:07.160 what

00:36:07.340 I've

00:36:07.580 said

00:36:07.900 for

00:36:08.680 the

00:36:08.800 last

00:36:09.040 decade

00:36:09.440 is

00:36:09.760 listen

00:36:10.020 I'm

00:36:10.320 not

00:36:10.600 I

00:36:11.820 don't

00:36:12.000 intend

00:36:12.300 to

00:36:12.460 lead

00:36:12.580 a

00:36:12.740 fight

00:36:12.960 to

00:36:13.160 repeal

00:36:13.500 the

00:36:13.660 17th

00:36:14.140 amendment

00:36:14.440 because

00:36:14.840 it

00:36:14.960 ain't

00:36:15.080 going

00:36:15.180 to

00:36:15.260 happen

00:36:15.540 I

00:36:16.860 think

00:36:17.060 it

00:36:17.160 is

00:36:17.300 very

00:36:17.580 hard

00:36:17.940 to

00:36:18.140 ask

00:36:18.460 anyone

00:36:18.800 to

00:36:19.000 give

00:36:19.180 up

00:36:19.320 the

00:36:19.460 franchise

00:36:19.820 once

00:36:20.300 people

00:36:20.620 have

00:36:20.840 the

00:36:21.000 right

00:36:21.260 to

00:36:21.520 direct

00:36:21.820 election

00:36:22.200 of

00:36:22.380 senators

00:36:22.700 I

00:36:24.540 don't

00:36:24.680 know

00:36:24.800 how

00:36:24.920 to

00:36:25.040 convince

00:36:25.400 them

00:36:25.600 you

00:36:25.760 shouldn't

00:36:26.060 be

00:36:26.200 able

00:36:26.360 to

00:36:26.480 vote

00:36:26.640 to

00:36:26.780 elect

00:36:27.040 your

00:36:27.160 senators

00:36:27.480 anymore

00:36:27.840 so

00:36:28.200 I

00:36:28.920 think

00:36:29.080 we've

00:36:29.340 crossed

00:36:29.640 that

00:36:29.860 Rubicon

00:36:30.260 and

00:36:31.440 so

00:36:31.740 what

00:36:31.980 I

00:36:32.140 fight

00:36:32.380 for

00:36:32.620 now

00:36:32.960 is

00:36:33.180 all

00:36:33.380 right

00:36:33.540 just

00:36:34.560 like

00:36:34.880 we

00:36:35.080 should

00:36:35.260 have

00:36:35.380 been

00:36:35.520 responsive

00:36:36.140 under

00:36:37.720 the

00:36:37.880 original

00:36:38.240 system

00:36:38.720 to

00:36:38.860 the

00:36:38.980 state

00:36:39.160 legislatures

00:36:39.800 that

00:36:39.960 appoint

00:36:40.260 us

00:36:40.440 now

00:36:40.660 we

00:36:40.840 should

00:36:41.000 be

00:36:41.120 responsive

00:36:41.560 to

00:36:41.740 the

00:36:41.840 people

00:36:42.060 who

00:36:42.180 elect

00:36:42.460 us

00:36:42.660 and

00:36:42.820 so

00:36:43.100 that's

00:36:43.820 what

00:36:43.940 I

00:36:44.080 urge

00:36:44.320 to

00:36:44.440 my

00:36:44.620 colleagues

00:36:44.980 is

00:36:45.140 we're

00:36:45.320 elected

00:36:45.620 by

00:36:45.820 the

00:36:45.960 people

00:36:46.240 of

00:36:46.500 our

00:36:46.880 state

00:36:47.280 and

00:36:47.920 we

00:36:48.260 need

00:36:48.400 to

00:36:48.500 keep

00:36:48.680 the

00:36:48.840 promises

00:36:49.200 we

00:36:49.400 made

00:36:49.600 to

00:36:49.700 them

00:36:49.880 and

00:36:50.320 we

00:36:50.460 need

00:36:50.640 to

00:36:50.800 move

00:36:51.020 on

00:36:51.200 to

00:36:51.320 the

00:36:51.460 next

00:36:51.880 battles

00:36:52.420 and

00:36:52.580 we

00:36:52.680 will

00:36:52.800 see

00:36:53.020 what

00:36:53.240 comes

00:36:53.520 next

00:36:53.840 very

00:36:54.100 shortly

00:36:54.500 but

00:36:54.940 not

00:36:55.360 any

00:36:55.760 longer

00:36:56.060 on

00:36:56.260 this

00:36:56.420 episode

00:36:56.780 because

00:36:56.960 we

00:36:57.080 have

00:37:09.160 This

00:37:09.840 episode

00:37:10.320 of

00:37:10.540 Verdict

00:37:10.940 with

00:37:11.180 Ted

00:37:11.460 Cruz

00:37:11.780 is

00:37:12.120 being

00:37:12.340 brought

00:37:12.600 to

00:37:12.760 you

00:37:12.860 by

00:37:13.060 Jobs

00:37:13.520 Freedom

00:37:13.880 and

00:37:14.200 Security

00:37:14.620 Pack

00:37:15.040 a

00:37:15.360 political

00:37:15.740 action

00:37:16.220 committee

00:37:16.620 dedicated

00:37:17.000 to

00:37:17.400 supporting

00:37:17.800 conservative

00:37:18.380 causes

00:37:18.860 organizations

00:37:19.760 and

00:37:20.280 candidates

00:37:20.760 across

00:37:21.240 the

00:37:21.460 country

00:37:21.800 in

00:37:22.200 2022

00:37:22.880 Jobs

00:37:23.620 Freedom

00:37:23.980 and

00:37:24.180 Security

00:37:24.580 Pack

00:37:24.980 plans

00:37:25.360 to

00:37:25.560 donate

00:37:25.840 to

00:37:26.080 conservative

00:37:26.560 candidates

00:37:27.140 running

00:37:27.480 for

00:37:27.720 Congress

00:37:28.120 and help

00:37:28.760 the

00:37:28.920 Republican

00:37:29.340 Party

00:37:29.840 across

00:37:30.440 the

00:37:30.680 nation

00:37:31.080 This

00:37:31.820 is an

00:37:32.100 iHeart

00:37:32.440 Podcast

00:37:33.020 Guaranteed

00:37:34.700 Human

00:37:35.020 Kris

00:37:39.860 Hus

00:37:40.340 hold

00:37:40.600 ags

00:37:42.440 Hus

00:37:43.160 Hus

00:37:44.160 Hus

00:37:44.780 Hus

00:37:46.420 Hus

00:37:46.860 Hus

00:37:48.980 Hus

00:37:49.980 Hus

00:38:01.700 Hus

00:38:02.440 Hus

00:38:02.580 Hus

00:38:02.980 Hus

00:38:03.640 Hus

00:38:03.780 Hus

00:38:04.200 Hus

Verdict with Ted Cruz - June 22, 2021

Showdown at the Supreme Court

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