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Verdict with Ted Cruz
- September 11, 2022
The Cloakroom Preview: An Intentionally Anti-Democratic Voting System
Episode Stats
Length
24 minutes
Words per Minute
168.85411
Word Count
4,207
Sentence Count
266
Misogynist Sentences
5
Hate Speech Sentences
2
Summary
Summaries are generated with
gmurro/bart-large-finetuned-filtered-spotify-podcast-summ
.
Transcript
Transcript is generated with
Whisper
(
turbo
).
Misogyny classification is done with
MilaNLProc/bert-base-uncased-ear-misogyny
.
Hate speech classification is done with
facebook/roberta-hate-speech-dynabench-r4-target
.
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This is an iHeart Podcast.
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Guaranteed human.
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Hi, guys.
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Liz Wheeler here.
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So after we finish recording Verdict every week, Senator Cruz and I sit down and get
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into the nitty gritty of it all on our Verdict Plus series called The Cloak Room, where we
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look at political issues through a specifically legal lens.
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And what I want to do today is offer you a sneak preview of the latest episode of The
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Cloak Room on Verdict Plus.
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You can also join us on a weekly basis by going to verdictwithtedcruise.com slash plus.
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If you use my promo code, Cloak Room, then you can watch for free for the first month
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of your annual subscription.
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That is verdictwithtedcruise.com slash plus, promo code Cloak Room.
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And without further ado, here's a sneak preview of The Cloak Room on Verdict Plus.
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Hi, guys.
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Welcome back to another episode of The Cloak Room.
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I'm Liz Wheeler.
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I'm sitting here with Senator Ted Cruz.
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And Senator, I want to start today just by saying congratulations.
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We did it again.
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The left, the mainstream media, is up in arms over something we talked about right here
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in The Cloak Room last week, the cancellation of student loan debt.
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So I think we should start the show just by welcoming The Washington Post and Business Insider
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who wrote an article about your comments, your legal analysis of whether what Biden did
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with his executive order, canceling student loan debt, whether it's legal.
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They joined the ranks of CNN and MSNBC who came to Verdict Plus last month when we were
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talking about Obergefell because of what Clarence Thomas wrote in the Dobbs, in his Dobbs concurrence.
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So before we get started on the rank choice voting, which is a fascinating topic that Verdict
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Plus fans have been asking about, I want to ask you, why do you think that the mainstream
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media is so up in arms about the legal analysis?
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Because that's what we were talking about, right?
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Not even the politics, the legality of the thing.
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Do they know that it's illegal?
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Well, they seem to.
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You look at The Washington Post story.
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They wrote about Cloak Room.
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And they basically acknowledge that it's contrary to the law.
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But we had an honest and candid discussion about the legal impediments there would be
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to getting a court to reach the merits of the dispute.
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And in particular, the problem of establishing standing.
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And look, the press likes it when any Republican discusses any impediment to principled arguments
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prevailing, that they like that, gosh, wait, this illegal student loan giveaway, maybe it
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survives.
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I will say, since we did the last Cloak Room, we talked about different scenarios of who might
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have standing, and I actually reached out to one of the top Supreme Court litigators in
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the country, who's a dear friend of mine.
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And he and I were brainstorming a little bit more on standing after we did the Cloak Room
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last week.
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And he came up with one more scenario, one other group of people that would have standing.
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And I think it's probably the strongest case for standing.
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And that is a student loan processor.
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So a company that is processing student loans, and the reason they would have standing is
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the consequence of forgiving these loans, and particularly the loans that are forgiven
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down to zero, is that those companies would face, as I understand it, a very significant
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drop in revenue, that it is real money out of their pocket because of the illegal forgiveness
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of the debts, that would almost surely clear the hurdle for standing.
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The downside is, if you have someone that is processing student loans and administering
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student loans, they're doing business with the federal government.
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So they may not be willing to sue because they don't want to piss off the feds.
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But legally, they would have a quite a strong argument for standing to be able to make the
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legal argument.
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And if it gets to the merits, I think the executive order gets struck down.
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I think it goes to the Supreme Court and is probably struck down 6-3, the same margins we
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saw on other lawless assertions of power by the Biden White House.
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So there is one group of plaintiffs that likely has standing, but time will tell whether they
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will have the courage to be willing to bring a lawsuit to press the claim.
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Well, maybe it'll be courage paired with how hard their business is hit if they actually
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are decimated and they don't really have a business left to risk if they challenge the
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feds.
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That's very interesting.
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Maybe we should just pause right here and send this little update to the Washington Post
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and this little update to Business Insider so they can update their articles to make
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sure that it's fully accurate, exactly how we Republicans are going to challenge them.
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So can we make sure that the Washington Post are paying subscribers?
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I mean, I mean, they do need to pay to keep the lights on here.
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Of course, of course they will.
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I mean, they're here right now.
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They watched last week.
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So there you go.
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OK, this week I have a really interesting topic.
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So Republicans, unfortunately, lost a seat in the House of Representatives in Alaska.
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Of all places, there was a special election in Alaska.
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And the Democrat ended up winning, defeating Sarah Palin, former governor, former vice presidential
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candidate Sarah Palin.
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And this was a little bit of an anomaly in Alaska because of the structure of their voting
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system.
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They have ranked choice voting.
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Actually, let me back up.
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In their primary systems, they have jungle primaries, which means it's not sorted by party.
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Republicans don't go vote for a Republican.
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Democrats vote for a Democrat.
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Everyone's in this primary together.
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And then the top four people compete in the general election.
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And it's ranked choice voting, meaning you have to have over 50 percent of the vote.
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It's not just the person with the most.
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You have to cross that threshold.
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And if someone doesn't cross the threshold, which no one does when you have four people,
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then you go to the ranked choice.
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You pick a second and a third choice.
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It's very messy.
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It's very weird.
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And it resulted in, even though the two Republican candidates combined had 60 percent of the votes
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and the Democrats combined had 40 percent of the votes, the Democrat is going to Washington,
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D.C.
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Give me your top down, zoomed out analysis of, I guess, ranked choice voting.
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Like what is what's going on here?
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Well, ranked choice voting, I think, is a terrible design.
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Uh, and it is, it is intentionally anti-democratic.
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So you got to understand where these so-called reforms came from.
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Uh, they come from enlightened good government folks that want one of two things to happen.
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They either, A, want Democrats to win or B, at the very minimum, they want moderates to win.
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What they don't want to win are conservatives.
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All of this is designed to stop conservatives from winning.
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And the reason you see these lefties pushing these reforms is that when you actually have
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free and fair elections and the voters vote, with some regularity, they vote to elect conservatives.
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And so this is all designed, uh, to rig the election, to make it incredibly difficult to
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elect a conservative.
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This is designed to change the rules.
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It, it, it, it is, it is in the same general family as ballot harvesting, as universal mail-in
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voting, all of these things are designed to make it harder for a Republican to win, harder
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for, uh, a conservative to win.
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And it, the reason they're implemented is the so-called reformers don't like what the voters
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do when they're actually given a straight up choice.
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So you look at this election, number one, you had the jungle primary.
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You had all of the Republicans and Democrats on the ballot together.
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If you had, like most states had a Republican primary and a Democratic primary, then Republican
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prime, uh, voters could select their choice, their preferred candidate, Democrat voters could
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select their choice and you would have one major party nominee from each party.
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The reason that you see places like California do a jungle primary is they recognize, wait, conservative
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Republicans win primaries, and then crap, when they win primaries, they turn around and win the general
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election.
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So let's do the jungle primary to make it harder for that conservative to win.
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Alaska, though, did put the whole thing on steroids with ranked choice voting, because if you look at
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the numbers, um, and here, let me pull up the, the numbers.
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Uh, so 60% of the voters, uh, voted for Republicans, uh, however, the breakdown, this is taking me a second.
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All right.
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So the first round of voting, 40.2% voted for the Democrat.
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Uh, 31.3% voted for Sarah Palin and 28.5% voted for Republican, Nick Begich.
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So if you add up Palin and Begich's number together, uh, you, you get right at, uh, right at 60%.
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So 60% of the voters voted Republican, 40% of the voters voted Democrat.
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What's the outcome?
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The Democrat gets elected.
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Why is that?
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Well, under ranked choice voting, the third place finisher, uh, who, who was, uh, Nick Begich.
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He's third.
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So he's eliminated.
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And they look to the voters, put a second choice.
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The Begich voters put a second choice and they allocate those second choices to whomever they put.
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Well, as it so happens, 50.3% of the Begich voters put Sarah Palin as, as their second choice.
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So that, so half of Begich's votes got allocated to Sarah Palin.
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28.8% put Peltola, who is the, the Democrat as their second choice.
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And then what really had a big impact, 20.9% didn't put a second choice.
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They voted for Begich and they left it blank.
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The consequence of this is even though 60% voted Republican, a Democrat gets elected.
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And it, and it's, that, as I said, is by design.
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The people who put this in place wanted either Democrats to win or at the very worst moderates
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to win.
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So you compared this to ballot harvesting or vote harvesting, which I find very interesting
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because ballot harvesting and vote harvesting is something that has to be dealt with at the
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state level.
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And many states have outlawed that practice.
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Is rank choice voting something that should be outlawed by states to protect against, well,
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this outcome?
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Absolutely.
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Look, it's a bad way of doing elections.
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It, it, it, people, it, it doesn't present an election as a binary choice.
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At the end of the day, you're choosing between one person or another and only one person can
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win.
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And, and what happens with rank choice voting is you end up, you look at some of the game
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theory and economics, you end up with people voting in ways that, that the outcome is perverse
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and backwards, um, election should be about making choices.
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Um, and the people who push these reforms know that they know that the outcome, the reason
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they want to change the way elections are done is they don't like how the voters vote.
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They're trying to prevent the voters from voting the way they would vote if they were given the
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ability to do so in an ordinary election.
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I will say, by the way, as an aside, um, on an infinitely less consequential stage, um,
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I actually participated in a rank choice voting election in which I lost the election by one
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vote.
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And, and I'll tell you the story as I said, it was, it was infinitesimally less important,
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but it was when I was in college, I was at Princeton and I was very active in the American
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Whig Klyosophic Society, which is the world's oldest, uh, debating and political society.
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Um, I was the chairman of the Klyosophic Party, which was the conservative party, uh, that was
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founded by William Patterson.
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It was one of the signers of the Declaration of Independence.
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Uh, the American Whig Party was founded by James Madison, the father of the constitution.
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Um, I ran for president of the American Whig Klyosophic Society, which is the entire debating
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society.
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Unfortunately, Whig Klyosophic Society used rank choice voting.
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So at the end of the first round of voting, I was leading.
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I had 52 votes.
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The second place candidate had 44 votes.
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So I had won by a sizable margin on the first round.
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The third place candidate had 19 votes because the third place candidate was eliminated.
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Those 19 votes were reallocated of those 19 votes.
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Five had me in second.
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So my 52 went to 57 and 14 had the second place finisher as their second choice.
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And so his 44 went to 58 and I lost 58 to 57.
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Uh, and I got to tell you at 20 years old, it sucked then.
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Uh, and I got to say it sucks for Sarah Palin.
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Sarah is a friend of mine.
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I like Sarah, uh, I am sorry for the outcome that happened that, and it, and it sucks even
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worse for the people of Alaska.
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That's funny that you phrase it like that, because when you're telling this story about
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losing by one point, that's the only thing that came into my head just, wow, that really
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sucks to lose by one point.
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Even if it's a college debate society, that really sucks to, to lose in this way.
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How did Alaska specifically end up with a system like this?
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Who, who is the they that are behind these reforms?
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So there's some dispute about that.
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Um, but there was a referendum effort to put it on the ballot and the voters voted for
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it.
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Now you could say, well, gosh, isn't that consistent with democracy?
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Yes, in a sense, the voters put it in place, but I am not at all convinced the voters understood
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what the consequences would be.
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I'd be willing to bet people are astonished today that 60% of the voters in Alaska voted
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for a Republican and the result is the Democrat wins.
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Um, that this is designed to deceive voters.
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Um, and, and, and I think election mechanisms that are designed to deceive voters are not
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good mechanisms.
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They, they frustrate the operation of democracy.
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It seems like this is one of those things that conservatives and states across the country,
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not just Alaska should check and make sure that this is not an effort that's being exerted
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in their, in their localities, in their states to make sure to protect against this.
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Because that's, that's the thing.
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That's what we saw with Mark Elias, right?
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In, in the summer of 2020, before the presidential election, when all of these, all of these changes
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to election laws in different states, especially the swing states like Pennsylvania and Arizona
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and Georgia and Wisconsin, people didn't really see it coming until it was too late.
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This might, this might be a signal to people to make sure your state's not doing this.
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So, so that it doesn't become too late.
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Well, and, and, and Liz, the, these kinds of reform, jungle primaries and rank chase
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choice voting, or in Alaska's case, both combined together, they are often supported by self-described
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moderate Republicans because those moderates are frustrated that when they run in primaries
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against conservatives, more often than not, they lose.
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So like, all right, let's change the rules so that we don't lose.
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So moderate Republicans sometimes support these reforms to prevent conservatives from
00:15:52.160
winning, but when the moderates are doing so, they're also rolling the dice because they're
00:15:56.320
increasing the chances that the Democrat wins also.
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And they're willing to say, all right, in order to stop the voters from electing a damn
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conservative, I'm willing to hand it over to the Democrats and, and the nuts, uh, that
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Democrats, I don't think the voters want that outcome, but I do think there's some politicians
00:16:16.760
who are okay with that outcome.
00:16:18.500
Well, that's what happens when you're a, when, when politicians don't have principles, then
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they're willing to hand it over.
00:16:23.960
Um, if they lose power themselves, they're, they're willing to hand it over to people with
00:16:26.800
even fewer principles.
00:16:27.860
Let's do a question from verdict plus, because this is a great question and I'm interested in
00:16:31.460
your answer as well.
00:16:32.360
It's from date date go forth who says, what are the chances that the new assault rifle ban bill
00:16:38.440
passes the Senate, if it passes, would it be constitutional?
00:16:42.600
What would it mean for everyday Americans trying to buy guns in the future?
00:16:45.860
He says, I've been listening since day one and love the podcast.
00:16:48.140
Keep up the good work.
00:16:50.600
Um, thank you.
00:16:52.100
Uh, so the chances that, that the assault, the so-called assault weapons ban passes the
00:16:57.640
Senate, at least right now are essentially zero.
00:17:00.520
Uh, it's not going to pass.
00:17:02.420
Uh, the reason it's not going to pass is as long as we have the filibuster, it would take
00:17:06.380
60 votes to pass.
00:17:07.520
Um, it's not going to get 60 votes.
00:17:10.900
Uh, the last time we voted on it was 2013.
00:17:15.840
Uh, Diane Feinstein was carrying it at the time.
00:17:19.380
It was her bill.
00:17:20.400
Uh, it was a democratic Senate.
00:17:22.060
There were, there were a majority of Democrats in the Senate.
00:17:24.840
We voted on it and it only got 44 votes on the floor of the Senate.
00:17:29.180
So even though Democrats had a majority on the floor, it got zero Republicans and it didn't
00:17:34.680
get all the Democrats.
00:17:35.520
There were several Democrats who voted against it.
00:17:38.460
Um, it does speak volumes that, that in, in the wake of the horrific school shooting in
00:17:43.640
Uvalde, the Democrats didn't even try to push it.
00:17:46.460
I think they recognize they don't have the votes.
00:17:48.880
They may, they may not even have the votes in their own conference, but there's no way
00:17:52.620
they have the votes on the floor of the Senate.
00:17:54.180
And it's why they, they pursued other gun control strategies instead of a so-called assault weapons
00:18:00.480
ban.
00:18:01.660
One of the reasons why it, it didn't get a lot of support.
00:18:05.540
So we had one in effect for 10 years and it expired.
00:18:09.880
And, and, and the justice department studied it, uh, you know, came out of bill Clinton
00:18:15.200
was in effect 10 years.
00:18:16.400
It expired.
00:18:17.000
The justice department studied it and concluded that it had no statistically significant effect
00:18:23.680
on violent crime.
00:18:24.580
That it didn't actually reduce violent crime in any measurable impact.
00:18:30.300
Um, and I'll tell you a story about that.
00:18:33.760
So 2013 on the judiciary committee, we're having hearings and, and Diane Feinstein is pitching
00:18:39.780
her bill and, and I'm arguing against it.
00:18:42.220
And I'm a brand new baby freshman.
00:18:43.640
I mean, I mean, I'm just there.
00:18:45.900
Um, and in fact, when she and I are arguing at one point, she loses her mind and says,
00:18:50.740
you know, I am not a fifth grader, um, or sixth grader.
00:18:53.920
I am not a sixth grader.
00:18:54.980
She gets very mad because I asked her a substantive question about the second amendment.
00:18:59.220
And apparently in the judiciary committee, you're not supposed to do that to another
00:19:02.260
senator.
00:19:03.280
Um, and subsequently I was debating with Al Franken, truly a, a charming soul.
00:19:12.040
And, uh, and, and that was tongue in cheek if, if that did not come across.
00:19:16.360
Um, and I pointed out that DOJ.
00:19:19.620
Well, we'll see from the Washington post headlines after this, whether, whether the humor came
00:19:23.940
across or not.
00:19:25.940
Well, I pointed out at the hearing that, that DOJ had studied the assault weapons ban that
00:19:31.920
was in effect for 10 years and included it had zero statistically significant, uh, effect
00:19:37.820
on violent crime.
00:19:38.900
And Al Franken came and argued, that's not true.
00:19:41.520
That's not true.
00:19:42.380
It had an enormous effect.
00:19:43.780
I remember what he said, but he was, he was quite worked up saying that, that what I said
00:19:46.900
was not right.
00:19:47.600
And, and, and I in turn responded that, you know, given this study, anyone who argues that
00:19:53.840
there is a measurable effect on violent crime is engaged in sophistry.
00:20:00.480
A couple hours later on the Senate floor, I'm standing on the Senate floor and Al Franken
00:20:04.360
runs up to me and said, you accused me of engaging in sophistry.
00:20:10.100
I didn't know what that meant, but I went and looked it up and now I'm really mad.
00:20:17.340
And I got to admit, I, I was genuinely speechless.
00:20:21.240
I'd like, I, I, yeah.
00:20:23.420
Okay.
00:20:25.000
Um, and, and Al later wrote a book, uh, in, in titled giant of the Senate.
00:20:33.300
Um, I joked at the time that, that it was a perfect title.
00:20:37.000
It was only missing one word.
00:20:39.260
Um, but he had an entire chapter in his book devoted to me, uh, that was called sophistry.
00:20:48.580
So, so it, uh, uh, I, I found it quite amusing that for lefties, they, they seem to, to, to
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believe that if they, uh, his whole book tour, he basically just did a standup routine
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insulting me, which apparently works to sell books to liberal Democrats.
00:21:04.740
Like, like, like it is, uh, I, I think he, he thought it was a good way to sell books.
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Well, I mean, in a sense, you almost have to respect him for admitting that he didn't
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know what the word meant.
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That's really hilarious, but it's, it's also hilarious to see liberal Democrats who are
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anti-free market, taking advantage of capitalism to sell books based on their insults against
00:21:22.760
you.
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You got to love the whole thing.
00:21:24.540
Um, one last question.
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So you say that the assault rifle ban has very little chance of passing in the Senate.
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What about the gay marriage bill?
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What are its chances?
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I don't know.
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Uh, that is actually a good question.
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Uh, we, I think the odds are good.
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We're going to vote on it in the next month.
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Schumer has said he's going to bring it up for a vote.
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He hasn't done it yet.
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Uh, it could be as soon as next week.
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He hasn't told us what we're voting on next.
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And then Schumer controls the floor, um, for it to pass.
00:21:52.580
They've got to hold all the Democrats, uh, and they've got to get 10 Republicans.
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Um, several Republicans have publicly said that they would vote for the bill.
00:22:04.900
Um, to get to 10, I can tell you, we are having vigorous arguments in the conference about it.
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Um, I and several others are pushing for an amendment to the bill that would be a strong
00:22:19.300
protection of religious liberty because the bill as written would have enormously harmful consequences,
00:22:27.900
uh, for religious liberty.
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It would result in, uh, 501c3 text status being denied to universities that embrace a biblical
00:22:41.140
definition of marriage, to churches that teach a biblical definition of marriage, to charities
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that, that, that, that follow a biblical definition of marriage.
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It, it, it, this bill without a religious liberty protection would have massive consequences across
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our country, weaponizing the Biden administration to go and target universities, K through 12
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schools, social service organizations, churches, and strip them all of their tax exempt status.
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That is enormously consequential.
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Um, I don't know if we'll succeed in getting the vote on that amendment and I don't know how
00:23:23.160
the vote will shake out, but I'm a no regardless, but this, what its prospects of success are on the
00:23:34.740
Senate floor.
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I hope it doesn't pass, but I don't know what will happen.
00:23:40.000
And shame on any Republican who claims to be for limited government, but would support a bill that
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targets people of faith.
00:23:46.840
I can tell you, I'm arguing vociferously to my colleagues.
00:23:50.080
Look, I get some of you, you know, are in purple States and you want to show how, how, you know, touchy
00:23:57.780
feely and you are.
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Okay, great.
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Put out a statement, but don't vote for a bill that will be used as a weapon.
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To target and persecute churches and universities and, and, and religious schools and, and Catholic
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charities.
00:24:13.440
Um, the harm from this bill would be massive.
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It's, it's a shame to see it.
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It really is sad to see it.
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And the fact that Schumer is not telling you when you're going to vote on it, I think, um,
00:24:24.080
tells us what we need to know to the verdict plus community.
00:24:27.000
This is the second cloakroom in a row that we've used or that I've chosen to use your topics.
00:24:31.320
We did the convention of the States and then we did rank choice voting.
00:24:34.100
So keep those ideas coming.
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I love to hear what you guys care about, what you're thinking about, what questions you
00:24:38.680
have.
00:24:39.280
I'm Liz Wheeler.
00:24:40.380
This is the cloakroom on verdict.
00:24:41.820
Plus this is an I heart podcast.
00:24:45.340
Guaranteed human.
00:24:46.080
Thank you.
00:24:46.520
Thank you.
00:24:50.520
Thank you.
00:24:51.780
Thank you.
00:24:52.700
Thank you.
00:24:53.820
Thank you.
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