Legal AF by MeidasTouch - Legal AF Update: Supreme Court Loses LAST SHRED OF CREDIBILITY after THREE Brutal Rulings

Episode Date: July 3, 2023

Legal AF hosts Ben Meiselas and Michael Popok discuss a series of Supreme Court rulings this past week with devastating consequences. Thanks to FUM: Head to TryFum.com/legalaf and use code LEGALAF to save 10% off when you get the journey pack today! Remember to subscribe to ALL the Meidas Media Podcasts: MeidasTouch: https://pod.link/1510240831 Legal AF: https://pod.link/1580828595 The PoliticsGirl Podcast: https://pod.link/1595408601 The Influence Continuum: https://pod.link/1603773245 Kremlin File: https://pod.link/1575837599 Mea Culpa with Michael Cohen: https://pod.link/1530639447 The Weekend Show: https://pod.link/1612691018 The Tony Michaels Podcast: https://pod.link/1561049560 American Psyop: https://pod.link/1652143101 Burn the Boats: https://pod.link/1485464343 Majority 54: https://pod.link/1309354521 Political Beatdown: https://pod.link/1669634407 Lights On with Jessica Denson: https://pod.link/1676844320 MAGA Uncovered: https://pod.link/1690214260 Learn more about your ad choices. Visit megaphone.fm/adchoices

I'm Ben Myselis from Legal AF joined by Michael Popak over the past 48 hours. The United States Supreme Court controlled by a radical right wing majority has made horrific ruling after horrific ruling and hasn't just been the last 48 hours. It's been for a considerable period of time and especially since, with Donald Trump appointing three Supreme Court justices, there is now a 6-3 radical right Supreme Court Justice majority, only three of the Supreme Court justices appointed by Democrats, two from Obama, one by President Biden, and the Maga Republicans on the bench feeling more confident than ever to make very radical and extreme rulings. I want to talk about what took place over the past 48 hours, but then put it in the context of what's frankly taken place

Since they got the six to three majority But in the past 48 hours you have these students for fair admissions versus Harvard and North Carolina case and student for fair admissions and astroturfed group Created by someone named Edward Blum, Federalist Society. And I think one of the themes we're going to talk about on this video as well is that there is an overall effort that is taking place here to have Federalist Society radical right wing extremist groups bring cases, forum shop, judge shop the cases before radical right extremist federal judges.

So astroturfed right wing groups find a right wing judge to then try to fast track it to the radical right Supreme Court to then overturn decades and decades of precedent that supported things like equality and diversity and Anti-discrimination and common sense rules when it comes to guns and Over-turning all of that and creating a dystopian vision. So you had students for fair admissions Astroturf group versus Harvard University in North Carolina a six to three decisions there authored by John Roberts, ultimately holding that diversity can never be used as a factor in admissions process and schools and universities and colleges and that to consider diversity as one of many factors is inherently, this is what the Supreme Court said, is in itself discriminatory, is racist,

and therefore it violates the equal protection clause. So explain that to me, Michael Popak. You then had 303 creative LLC versus Eleonis, a six to three decision authored by Justice Gorsuch, and there it basically held that businesses open to for public accommodations are able to now discriminate against protected classes. If they claim it's part of their free speech to discriminate or part of a closely held religious belief, businesses open to the public can discriminate post signs saying we don't want to provide

you know services to gay couples because that's part of our free speech and and it would be a violation and infringement of our free speech and religious views if you infringe on that. Then you had the Biden versus Nebraska decision where another another six three decision, the Supreme Court struck down Biden's student debt relief program. And, you know, also on Friday, the Supreme Court agreed to hear a case in the next term, where domestic abusers under this ruling, if it's ruled on by the Supreme Court but this is where they're going and their second amendment jurisprudent people accused of domestic abuse entitled to own guns That will be heard by the Supreme Court and then of course where you know what a year out from the Dobbs decision where the Supreme Court ruled that a woman could

in control her own body and overturned Roe v. Wade. So POPAC breakdown, you know, what you think, systemically, what's going on here. Yeah. And then hopefully we'll end on a note of optimism about what a president like Joe Biden can do to address some of these issues and the Senate can do. But for right now, we are living in a dystopian world, uh, holy of the making of the right wing of the six to three majority. It's as if Sam Alito and Clarence Thomas have been waiting for the last 20 years to get the numbers to

completely rewrite history, attack every one of their, um, uh, every one of the things on their list of the Federalist Society that they wanted to attack. And in one term alone, they have gone after and completely rewritten the law and the constitutional law and protections in the areas starting last year with dobs of abortion, guns, second amendment, affirmative action and race, gender and religion. I mean, talk about going after the core foundations of this entire country and upon which everyone relies on in one term or less, that has been this US Supreme Court. And we have the emergence of a swing vote to replace justice Kennedy. Kennedy had always been the swing vote, meaning when the votes were closer than it was in six to

three. And you needed an extra vote to go on the more liberal and democratic side of a policy issue. You could sort of count on Kennedy to do that. The person that's been in the majority more than any others on all sides is Brett Kavanaugh. I mean, it's hard to believe. I rub my eyes when I say that out loud. Brett Kavanaugh has become the swing vote. So if the three in the minority the minority, the democratic, the democratic

wing, I call it, you call it of the Supreme Court, Amy Coney Barrett. I'm sorry, you see where I'm going. A Katanjee Brown Jackson, so to my or in Kagan, if they need, they need two more votes, one of them's got to be Cavanaugh. So they're got to aim for Cavanaugh. Or they're going to be on the end of the losing argument, six to three in every major decision. One written by Alito, many written by Alito this term. One or more written by Roberts,

including the ones that we'll talk about here. And now Gorsuch popping out his ugly head to write the majority decision, six to three in the that for the first time. And there's a lot of firsts with this to the Supreme Court. A Supreme Court that I agree with our president Joe Biden said in one line, summed it up, this is not a normal court. This is not a normal court. It's the opposite. It's an abnormal court that is out of step and mismatched because it is way way to the right and MAGA of the public on every one of the issues that you and I just outlined.

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On abortion, the recent polling is the since stops, the vast majority of people of all political stripes and religion believe that there is not only a legal right, but a moral right for a woman to control her own body and have an abortion. That is completely out of step then with the decision that we now have to live with as Americans based on the Supreme Court. Same thing with guns. Nobody wants the decision that the Supreme Court rendered in the New York rifle case, which allows just anyone to carry any gun anywhere, any place, and the only way that could be legislated is if it has, there's a historical reference to it back in the 18 and 17 hundreds for that particular gun regulation.

That's modern warfare, it doesn't matter. Modern firepower doesn't matter. You have to go back to ancient people and see if they would have restricted the use of guns. This is where we're at. And now this week, yesterday, today, we have the final coup, the final coup of the federal of the society led by Clarence Thomas here and Sam Alito, who are the intellectual powerhouse for the federalist society to accomplish everything on their Christmas list they've ever wanted. it ever wanted. You know, yesterday we have the, we have the, the gift that was given to Clarence Thomas, who has wanted to eliminate affirmative action and a ability of colleges and universities to consider at least, at least slightly the, a race of a person in developing the diversity of a class. That's now been destroyed.

Any use of race at all to help our fellow citizen up from an impoverished or economically socially disadvantaged position has now been eliminated. And that's because Clarence Thomas, who got the help of affirmative action when he went to Yale Law School, didn't like his experience. He didn't like the way the whites treated him as being a part of affirmative action. Boohoo.

Everybody that's on that Supreme Court went to an Ivy League school except for Amy Coney Barrett who went to the University of Notre Dame. All of them have benefited either from the privilege of their upbringing, where Sam Alito is married to an oil and gas baron, baroness, literally, right? And even the one that came from some poor humble beginnings, from pinpoint Georgia, literally, of a Clarence Thomas, he hates affirmative action

because he thinks everybody should just be measured by the content of their character, not the color of their skin, which we all agree with, except that's not the reality. We don't live in a racially neutral society. And the Supreme Court led by the right wing and Justice Roberts has said, hey, congratulations, America, all your race issues are over. It's over. We solved them.

Congratulations, Barack Obama got elected president. We don't need to help people anymore get into top universities and meet other people that can help them in their career. We don't need to do that anymore. It's over and it's racial discrimination. If you look, you, you, if you don't make it completely blind process and selecting your class, it's gone. And now, just as a year ago, for the first time in history, a year ago, the Supreme Court in the Dobbs decision ripped away a constitutional right that was once extended to a woman to have bodily autonomy and to control her own sexual reproduction process and have an abortion or not. That was the first time in constitutional history, Supreme Court history, a constitutional right once extended was removed. And now we have

for the first time today, the first time that Supreme Court is allowing, allowing discrimination in public accommodation, meaning a public business, a business open to the public can now put up a sign that says, I don't like what you look like. I don't like that you're black, you're Jewish, you're brown, you're from some country. I don't, I don't agree with your national origin, your transgender. I, I do not want to serve you. Not because I'm an artist, not because I just created a website or I'm a baker because I don't want to take your money.

And I'll take the money over here. I'll take this person's money, because they're just like me, but I'm not going to take your money. And I don't care that I'm open to the public. I'm not going to be subject to any laws of my state or my city that say that I can't discriminate because that's forcing me to say something that I'm not. And that's against the First Amendment. That's where we are with this Supreme Court. And now we have, of course, while they're at it, why don't we take on Joe Biden's attempt to help the little person

and help people who didn't get all of the flood, the fire hose of federal funds that got fired out and given indiscriminately without having to be paid back to businesses, trillions and trillions of dollars during the COVID. What about the what about the employee? That was the employer. What about the employee? What about the person that's crushed under the debt of student loans? And because the economy went into a free fall for four years and they didn't have a business to save. They're just trying to pay their loans, you know, or pay medicine or pay for their food or help their family survive. And Joe Biden said, yeah, I'm going to have my secretary of education. Use powers already baked into a law from 2003, 2002 after 9-11 to modify and waive the program and to forgive debt that we will now take on as a federal government.

And the Supreme Court and Justice Roberts says, you can't do that. Yeah, I was okay when Trump Secretary of Education said that she'll modify and waive the program to not collect on the loan program for a period of time to abate the loan program to forgive it for a period of time. It's not okay when Joe Biden does it. Why? Because it's Joe Biden because they want to not give Joe Biden victories because they see how well Bidenomics is doing. They see how well the economy is doing, they see how well his social and domestic programs are doing, and they want to limit his powers, right? They want to constrain the executive branch.

And so they they bend over backwards to try and tie themselves up into intellectual pretzels in order to do that. That is what happens when you vote for a president like Donald Trump, or you think it doesn't matter, the parties are about equal. I didn't like Hillary. I didn't like Donald Trump. Yeah. And those people that stayed home or didn't vote, we now have the hellscape that is the post Donald Trump era. He'll never be president again, but his legacy lives on Donald Trump era, he'll never be president again, but his legacy lives on through the six to three majority because he was able to put three people on the Supreme Court and Joe Biden or Hillary Clinton wasn't able to put those three people on the Supreme Court.

Now look, the good news is that at the end of the day, we will now, as a country, led by a president like Joe Biden and state legislation, will find ways around these constitutional decisions by the Supreme Court. But we're going to have to scramble. Universities and colleges are going to have to figure out how they can help the disadvantaged without using race as at least one point of a one factor in doing it. So they're not going to be able to acknowledge that little blank happens to be black or brown. So they're going to have to use other methodologies to find a way to create a healthy, diverse, balanced, entering class. Otherwise, it's going to be 80 to 100% of one group or another. And that does not, that is not the melting pot or the fruit salad, if you will, that is the American dream based on immigration, based on the statue of

liberty and, you know, the poem of Emma Lazarus, give me your tired rapport, you know, yearning to breathe free. That statue, that message is gone in debt at the Supreme Court, which means we have to do it at the congressional level when we get the control of Congress again, and we got to do it state by state with legislation. It's not going to be easy, but the Biden administration is focused on it. So we're going to have to figure out how to stop discrimination and public accommodations because the Supreme Court is not going to help us. We're going to have to figure out how to have

sensible gun control because this Supreme Court is not going to help us. We're going to have to figure out how to have diverse student bodies admitted to help the disadvantage because this Supreme Court is not going to do it for us. And the same thing with women's rights as it relates to bodily autonomy. Supreme Court has abdicated its responsibility with the six to three majority. And now we're gonna have to pick up the pieces of this in American people to make sure

we always go to the polls and that we always punish those in power who don't do our will, right? Because that public debate has to rage on on a network like, on minus touch network, and on hot takes just like this one. We'll continue to follow all the developments as this Supreme Court about to go on its, on its much beloved summer vacations,

where they get to take money from the Federalist Society and Federalist Society law schools to go to Europe for the summer, right, to continue to tear down America on the dime of the Federalist Society. That's what they're scrambling to get out on. They're summer vacations, but before they do, they're going to continue to reinforce their dystopian view of democracy in America until we can get back the, the back the presidency again in a reelection of Joe Biden and make sure that as there are openings on that Supreme Court or new seats on that Supreme Court, they're properly filmed because you see what's happened. You see the destruction of precedent that had been on the books for 50 years, for 10 years,

for five years being reevaluated and reassessed because they got the numbers in the 63 majority. And every eloquent dissent, whether it's by Kagan or shout out to Sonia Sotomayor, who's working overtime in defending democracy and defending our system of jurisprudence by writing the sense that will go down in history as being on the right side of history. But they're still desense because she doesn't have the numbers. We have to help her. Get other like-minded people on there. So we get to a five to four or a six to three in our favor in in democracy's favor at the end. We'll do hot takes like this in the Midas Touch Network. We'll do them

about every hour, if not in, you know, and beyond. We'll put it all together and we'll curate on Wednesdays and Saturdays a long format podcast called legal AF only on the Midas Touch Network co anchored by me Karen Friedman, Ignifalo, and Ben Mycelas. I'll see you on Wednesdays and Saturdays. I'll see you on these hot tics. Keep your chin up. We'll keep analyzing so you understand the facts, but go to the polls and vote

because that's how we can avoid ever having hot tics like this ever again. Hey, Midas Mighty, love this report. Continue the conversation by following us on Instagram, at Midas Touch, to keep up with the most important news of the day. What are you waiting for? Follow us now.