The Ben and Emil Show - BAES 55: Is the Supreme Court's ruling really THAT bad?

Episode Date: July 4, 2024

So what IS the Chevron deference and why did the Supreme Court overturn it? Does it matter? Is it bad? Also our debate reactions and predictions and more! Head to https://benandemilshow.com for this week's bonus episode and to support the show! :) __ SHOPIFY: We're sponsored by SHOPIFY! Sign up for a ONE DOLLAR PER MONTH trial period at https://shopify.com/baes MOOMOO: Click this link https://j.moomoo.com/BAES to get up to 15 free stocks from moomoo U.S when you make a qualified deposit + earn 5.1% APY on uninvested cash + an additional 3% APY Coupon for 3 months for new users!! Terms & Conditions Apply. 5.1% APY as of 11/3/23 and subject to change. More info at https://www.moomoo.com/us/support/topic4_410 Options trading is risky and not appropriate for everyone. Read the Options Disclosure Document before trading. http://j.us.moomoo.com/00xBBz __ This episode (and every episode) was masterfully edited by Dillon Moore. Check him out at https://www.dillonmoore.co and @ dillonmoore on IG Follow us on instagram! @ benandemilshow @ bencahn @ emilderosa and @ dillonmoore Learn more about your ad choices. Visit podcastchoices.com/adchoices

We are off to the races. Welcome back to another episode. Does Ben look pale and weird? You know, you know, folks, I show a little bit of vulnerability before the cameras are rolling, and as soon as that record button is pressed, it just gets thrown back in my face. It gets thrown back in my face. Like a couple weeks ago when I said, I look like Kate Gosler, and I said, please don't say anything. And then as soon as the show starts, Emil goes, we got a special.

guest here. At least I didn't tell them you look like the head lifeguard at a public pool right now. Yeah, that's what Dylan said. No, I said it. Oh, you said that? Yeah. What did Dylan say?

I don't know. I said, don't say that to my friend Ben. He looks nice. Oh, yeah. And I said, shut up. I'll kill both of you. I want to look like a headby lifeguard sounds hot as hell, man. Geez.

Head, head lifeguard? Yeah. It'd be hard to lifeguard with just a head, though, am I right? Can't even die. The only, the only move you can do is a cannonball. In the truest sense. He keeps talking, so you can't hear the silence. We got a really, man, what a dense episode, but it's going to be fun and very interesting.

I don't think it'll be fun. I was nerding out last night, reading all this stuff. Ben's nerding out. I am nerding out. We're talking. Also, happy Independence Day, everybody. Happy end of Pendance Day. To all who celebrate.

Yeah. And if you don't celebrate, that's okay. All the chuckle nuts in my neighborhood are setting off literal bombs. The chuckle nuts are at it again? It's like... Call the cops. You just... Boom!

It's just... And I'm just in my apartment. Go! It scares this. You're like a dog. You've got to hide in the bath. Oh, it's truly. Oh.

My ex's dog was scared of fireworks, and it was really fun because... It's fun? Oh, well, it was... That's your idea of fun. It wasn't fun for the dog. Hey, does anyone have a scared dog, Ben could borrow for the 4th of July? Because she just would try to, like, get into you. She would just get as close as...

as possible and would be like smiling panting and just like trying to go away but yeah it was does kevin get scared oh yeah they've been they've been doing i don't know everyone does their like test runs because la is absolutely nuts with the fireworks and so it's it's pretty much at least the week leading up yeah everyone's just setting off bombs every time you hear one of those that's got to be like two hundred dollars no i don't think they're not sure they are i've bought fireworks before 200 Intense-ass blonde bombs? I mean, I don't know the going rate of bomb fireworks. I've never bought them because I don't do illegal things.

So our episode this week, we're going to be talking a little bit about the debate, our reactions, our predictions, and then we are diving full bore or cannonballing like a head lifeguard into... Really nice. I'm just imagining a head. Just chasing you around the pool, no running. Yeah, just rolling around. Rolling around. Stop there. No running. But since he's not perfectly cylindrical, he just rolls in circles.

Bummer. That's what would happen. And every time I hit my nose, it's... Ow! Ow! Talking about the Chevron Supreme Court thing that you've probably seen a lot of stuff about, and we're going to break it down for you. Is it that bad?

Maybe. I don't know. You'll have to stick around. Yeah. Why don't you drink up and we'll tell you. Yeah, why don't you drink up? Yeah, you screwed it up. I did. And then I followed your lead and I screwed it up too. Cue the intro.

I'm looking down to town with Benin' Me. Tell me what's going on. Tell me what's going on. So listen to love to Benin'in' Me. Tell me what's going on. Tell me what's going on. And we're back. All right, we got the comment of the week from Mr. Pringleson.

I tried to pick, here's the thing. I tried to pick a deep cut because I love deep cuts, you know what I mean? But the top comment just sometimes goes crazy. Yeah, this one says, Mr. Pringleson on YouTube says, Emil is who I try to act like. Ben is what I end up coming off as. So that must mean that you're cool. Yeah, I don't think so.

Very not. This is clearly a dig at me. No, he's like, I often try to act like a moron, but I come off looking... Like a genius? Like the head lifeguard at a public pool. Thank you. Wow. Okay.

Well, thank you, Mr. Pringleson. Also, this little red badge next to this person's name means that they're subscribed to us on YouTube. Cool. And I've noticed that a lot of comments on YouTube don't have that badge. Pray tell. What the fuck is that about, everybody? Are you sure? That's what it means?

I'm pretty sure. Maybe it means he's just like a, it could be a verified thing. No, it's not a verified thing. Because there would not be that many verified people. I've hovered the mouse over it and it says like this means that someone is, uh, is subscribed to your shit. Thank you. Man, I got the, I got the jitters today.

So this is, um, I don't know. I feel like pretty much every episode we start and you go, I feel weird for some reason. So like, you're like, this could be a weird one. It's like, no, it'll probably be just like the others. You didn't say anything about my haircut. Yeah, I did. You did? I said it looks great.

Thank you. I believe actually you said, well, look at all those grays. I'm kidding. Okay, so the debate happened, and it was, it went off without a hitch. It was great. It was really perfect. We got to see, like, wow, no matter who wins.

We win. We win. We're in good hands. No, I was actually really, I was happy because it was scheduled for last Thursday, which is when the last episode came out, and I said, you know what, it's going to be boring. We won't even have to talk about it. Great.

And then I went out to dinner. I was like, I'm not even going to watch it. I got a text from a friend, and he was basically like, oof, looks like Gavin Newsom might be the nominee. And I was like, what the fuck? Did something happen? Did he die? And he was just like, it's not good.

And I was like, how bad could it be? It was like everybody kind of collectively, as I'm watching it, I just kind of, it was such a strange sensation. It was like, oh, what I'm feeling right now, is what everybody in the country is feeling. Well, then I got home and I put it on. Yeah. And I was like, oh, it's way worse than I could have imagined.

It kind of united the country for a brief night. Before we get into that, I just got to share this photo of Donald Trump. Did you see this? I don't know where this came from. But it's him. It looks like it came from Barron. Well, that's what at Autism Capital has said here. Barron make sure to post bangers as if this is I don't know if this was posted on

Trump's official I mean he looks like absolute shit I think he looks good that's what the ideal man looks like yeah and I do love that he you can see his phone he's clearly got the old man giant text you ever see that with like a friend your age and you're like what's going on um yeah yeah I actually have yeah and yeah I do think what's going on I mean I get it some it's it's helpful for uh disabilities but just like a normal and you're like, but just someone who seemingly has no restriction

just huge ass Yeah, hey everybody, it's basically saying, hey everybody look at my shit. Because I'm gonna look, I'm gonna read your text. Oh, when the letters are this big? Yeah, you can't not. It's like how humans see faces and things. We also have to read. You put text in front of me, I'm gonna read it.

I can't help it. I've just got to do it. That was kind of the best for getting a book on the subway. You're just like, okay, I guess I'll read this guy's text. anyway so it was a disaster um not only did so what was a relief for me actually is that i was going into it thinking that Biden was going to be so bad that it was going to make Trump look good but no they both kind of fed off of each other's negativity Trump seemed old and insane Biden seemed old and fucking gone.

I went into it being like it's going to be... I honestly, I did not think it was going to be bad. I thought it was going to be very boring. And like, you know, I saw that clip of them. They're like, this year we're instituting the program that mutes the other person's mic. And I was like, they're just going to get to talk their shit. And it's going to be stupid. Yeah.

I could have never imagined this. They both obviously did look awful. I think it's undeniable. Trump does not look nearly as, I mean, those moments where, I mean, Biden's also, I mean,

Trump was also able to kind of deliver the blows of like, the amount of people I've seen since it happened who cannot stop talking about some of the moments where, you know, Biden trails off from an answer and Trump said. I don't even know what he said. I don't think he knows what he said either.

It's just like, I mean, everyone is. And then like, Biden's over there just looking, like he you know I'm and not only that even when he wasn't talking it's that face that yeah he's got the old man um sundowner face that's what it's called when old people get super old they it's called sundowning imagine i sat like that next to you yeah it was it was pure it was

depressing on so many levels um and i will say that you know Trump definitely looks way better in the sense that the fallout for Biden has been, you know, every liberal journalist and publication and institution that was running cover for him seemingly woke up to the fact that he is actually not fit to do this, which is bizarre. I mean, this has been going on since 2019. You know, there were debates where, you know, Corey Booker and Kamala, Harris, his vice president, was like, uh, is he fucking okay? He's, yeah. And everyone was like, wow, you're a piece of shit. I can't believe you would say that about Joe Biden. And so, I mean, every, you know, since the, since the campaign started in 2019, this has been a question.

And it's only gotten worse. And they lie to you about when he fucking walks off when they're trying to do a photo opportunity at the G7 and someone has to grab him and be like, Biden come, we're taking a picture. Like, the gas lighting is, um, but I'm so confused. It's been on another level. I don't understand. It's, I don't get how, why this one, they all fucking woke up on, not even woke up

right after it. I mean, on CNN, MSNBC, yeah, they were all crying going like, I, I can't believe. That was the most shocking part for me. This is the first time we're seeing that he is maybe not all there. I think it's because everybody up to this point had given him the benefit of the doubt that it's like, oh yeah, you know, he's old, but he had a. stutter and that's probably what we all attribute this to and he's hit or miss but for the most part he's he's capable because we've seen so many moments of course of course but not only that

they're fucking lying i mean the people who would come out before this and and like because everyone was going is he going to be able to handle a debate and they would drop people out who would go i meet with biden three hours at a time he comes out and he does cartwheels it's insane it is the most lucid person i've ever been around in my life And if you say he's old, you're agist, and you, like, are just... I'm agist. There, I said it. Yeah, I think that he's an old fart. I'm just like, why is tonight the... You're asking why tonight is the night? Because...

The New York Times came out, their editorial board was like, Yeah. If you love this country, you'll step down. Oh, man, gang. You know, I remember... I remember the days when we first started this humble show, and we had to do the stuff on our own. And an online store, let me tell you, it was the furthest thing from both of our minds.

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up to 36% better. And, you know, so. They've really been helpful to us. Like, just in all honesty, when we started doing live shows, we kind of just had no idea what we were doing. And luckily, you know, they pointed out, there was a POS system right there. It's all within their interface. Yeah, in their ecosystem. We could sell shirts at the shows.

It was all very easy for us to get right in it. So, folks, sign up for a $1 per month trial period at Shopify.com slash Bayes, B-A-E-S, all lowercase. go to Shopify.com slash baize now to grow your business, no matter what stage you're in, Shopify.com slash bays. That's funny because I saw some other takes. I saw some people going after the people like us and other Democrats saying like, oh, typical Democrats just like ringing the alarm bells.

I don't give a shit. I will vote for Biden's corpse over Trump. Like, don't get me wrong. I'll do the same thing. I'll vote for Biden's corpse over Trump. I'd vote for his head, his head, fuck. I'd actually be more likely to vote for his... You'd what?

I'd be more likely to vote for his corpse than him. That's very funny. I think that'd be cool. First dead guy president is quite progressive and... Well, so I actually had, as I'm watching it, I felt like a genius, but then I saw so many people making the same prediction that this is all part of the Democrats' long game to... By putting Biden head-to-head with Trump,

Not only does it... Are you saying so they can replace him? Yes. That's what I thought at first. But then people are coming out and saying this is their plan and they're apparently, you know, there's all sorts of stuff. Jake Tapper today posted on Twitter, I almost called it X. There's no fucking way I'm going to do that. Whoa, he deleted all these tweets.

Interesting. He said breaking sources. Democratic governors held a call yesterday afternoon. Just governors, no staffs, no one from the campaign or White House. organized by Governor Tim Walls of Minnesota for the DGA well shit I mean he deleted all these tweets

maybe it ended up being bullshit but it seemed like they were all getting together to kind of figure out what the hell to do well I mean yeah people are posting all kinds of shit and people are like the only one to listen to is Jill it's so have you seen the it's all bullshit too I mean that's that they're

doing this whole thing Obama came out and was like if you yeah his I got his tweet right here. It was almost immediate. He said bad, bad debate nights happen. Trust me, I know, but this election is still a choice between. Also saying bad didn't debate nights happen. Like, he didn't get, you know, asked about something he could, it was bad. And then was all of a sudden just like, look, women get raped by their family sometimes. And everyone's like, wait, what are you talking about? I mean, that's just as an aside, because we're not going to really get into specifics. but one of the things that drives me insane is the abortion subject when Trump says,

oh, yeah, they even kill the babies after they're born. That's just not true. Number one. And number two, when they're talking about... I did that. I had a baby and I... You killed it? In the hospital, I was like, I don't want to do this.

Let's just kill it. I saw it and I said, you know, this isn't... Give it water. It's toxic to babies. Just give it a fucking water. which is wild that babies are that week that can't even handle water you don't deserve to lift you.

That's why I realized I didn't want to have one. Yeah, baby can't even handle a little H2O. But when they're talking about late-term abortions, as if if you're carrying a baby all the way to month eight or nine, or seven, eight or nine, the third trimester, you've already,

I'm assuming you've already, or it's safe to assume, you've decided to carry the baby to term. And the only, probably one of the only instances where you're going to decide to abort the birth is because it's putting your life in danger or the baby's life is at stake. Or not sorry, but like...

That's why it's so important immigration because it's not just immigrants raping our women, it's our family members too, and anyone can force you have a baby. Wait, he said that? No, but that's just, it's like... he gets the question about like late-term abortion all of a sudden i don't know i just um i like i said i'm tired of the gaslighting from the establishment and i i really hate to do it because it's

been a conservative talking about what are you going to do for so long but someone quoted the the thing from 1984 where it was like the party said that don't believe your eyes don't believe what you're hearing like it's truly that manifest it's like no don't believe it he's totally fine He's not. If we're even having conversations questioning it and they have to reassure us, it means that we're right. Yeah. You wouldn't have that with anybody.

Everyone's been right since 2019 when anyone could fucking see it. And you could see that they're showing the differences between Biden now and Biden in 2020. And Biden from like 20, whatever the last one, 2012. It's totally, you can see the progression, regression, regression rather. Also, to that end, I mean, someone also showed the. the debate between Mitt Romney and Barack Obama. And it's so cordial. And it was back when there was actually tacked.

And then, you know, now we've got this here. This was my favorite moment during the whole thing. Was a golf thing. Oh, the golf thing. Ugh. Your capabilities to serve. Well, I took two tests, cognitive tests. I aged them.

Both of them, as you know. We made it public. He took none. I'd like to see him take one. Just working. I hate to like. I would like to see this man take a cocky. I would do.

I really would. Yeah, take a cognitive test. And that's the thing. People would get mad in 2019 and 2020 when people were like, make this man draw a clock. But it's like, the point is like, the president of the United States is to draw a clock. It's, but the, the fact is like, you wouldn't get a car. You wouldn't get in a car with either of these people. No, I would not trust either if I wanted to die.

If I wanted a fat lawsuit. So here, he says, I took a cognitive test. The first five questions, he couldn't do it. But I took two cognitive tests. I took physical exams every year. And, you know, we knock on wood wherever we may have wood. That's a very good health. I just won two club championships, not even senior.

Two regular club championships. To do that, you have to be. He pulls out a little bit of the Long Island accent when he does. I want two club championships, okay? You got to be a smart guy to win a golf. It wasn't even a senior's club championship. be you quite smart and you have to be able to hit the ball a long way and i do it he doesn't do it he can't hit a ball 50 yards he challenged me to a golf match he can't hit a ball 50 yards i would

be surprised if he can't hit a golf ball 50 yards if he could hit a golf yeah yeah course the man is just like a god we don't decide presidency's a president's competence by his ability to hit a fucking golf ball also trump's swing is dog shit it's dog shit he's got a terrible swing he hits the ball but it's one of those swings where you're like how the fuck does he yeah I know his fucking face the audio listener

were stuck on Joe Biden's face here just shaved the head if he shaved it and bicked it he would look so cool no he would not he would look more powerful

he would look crazy he would look powerful very good shape I feel that I'm as in good as shape as I was 25 30 years ago actually I probably a little bit lighter but I'm in as good as shape as I was

years ago I feel very good I feel the same but I was willing to take a cognitive test and you know what if I didn't do well I aced him Dr. Ronnie Jackson. He got the White House doctor.

That's not what his doctor's name is. Oh, okay. Then I took another one, a similar one. And both, one of them said they've never seen anybody, A's him. Thank you. President Biden. You can see he is six foot five. This response is fucking is just,

when I watch it again, I'm like, what the fuck is he, is Twitter going to do the thing that it does now? I have been only 223 pounds, or 23rd pounds. What? You can see he is 6 foot 5. and only 225 pounds. He's trying to call him fat, I think. This fucking sucks so bad.

Wait, but let's hear him out. Is there what he has to say? Because he's, maybe he's on to something here. Well, you said 6-4, 200. Well, anyway, that's it you're, anyway. Just take a look at what he says he is and take a look at what he is. Look, I'd be happy to have a driving contest with him. I got my handicap, which when I was vice president, down to a six.

Trump's laughing Yeah, fucking right He's got an handicap to end of the 6th And by the way I told you before I'm happy to play golf If you carry your own bag Think you can do it That's the biggest one

He's a six handicap of all I mean That is just We deserve this We deserve it I They should just golf Like why don't

Why doesn't anybody say Okay let's do it Call off the election And just have them golf Have them golf and maybe they'll both die out there make them carry their own bags yeah make them carry their own bags

and they both just wither away and die on the course and we go oh okay we can all relax did you there was one thing that I noticed which was

and it felt more gaslighty to me that the panel afterward on CNN included David Axelrod and for some reason he was soaking wet like not just sweat

I've got audio listener God, I wish you could see it. He's got water all over his glasses. His bald head is shining, and he's got a giant, giant water stain on his, on his coat. In this person's tweet, he even says, I feel like the biggest loss of tonight's debate is how no one is talking about why David Axelrod is the only one who was soaking wet. Why didn't he get the water off his glasses? I will say as someone who sometimes washes their glasses with soap and water. You just leave them wet?

Yeah, but what was he doing? Did he just have no time? I have no idea. I don't know why he's wet. How did they get all over his foot? None of nobody else looked remotely moist. A leak and he's like, well, I'm not stopping this. Yeah, I'm not moving.

Maybe it was. Maybe there was an air conditioner that was leaking right on him. which good for him for being a trooper like it's fine but again the glasses like i when i wore glasses and say it was raining i would take off my glasses and like wipe off the water but he's just oh man so it was just an all out clown show i really hope that the democrats uh get their effing s together what the fuck am i doing fucking shit together i don't think they will it's a very difficult situation they're in where if they are to replace him, they are basically admitting that he's, you know, he's been unfit this entire time. I do, I would hope they would. I think

that's the thing where, you know, they're still trotting out this line. It's the most important election of your lifetime, which is something they say every time. I, you know, Trump represents a unique threat. If he does, then treat it that way. And, you know, you know, do the right thing and put up something, someone who can win. I think they're even running polls that just to see what would happen if... Kamala Harris is first. Harris was the nominee instead of Biden. She still loses, but it's a closer margin.

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Yeah. She's not much better. I don't know if she's fit. I think the lady. The lady who just fell out of a coconut tree. Yeah. Well, they, they, this is the wrong website, but there's a, I saw it on finance Twitter today that, of course, because you can bet on anything, there's, there's live betting for who, who, who, you. who they think is going to be the actual nominee

and Biden's just dropped off a cliff. Harris's thing just went way up. She's almost overtaking him in the odds. No way that Daffy Broad is going to be... Hey, you never know, man. Hey, look, you exist in the context of everything that came before you. Did you see the four-minute clip of her saying,

like, the possibility of what can be unburdened by the... And just saying it over and over and over, yeah. Did you see the ad of her? facetiming that one actress? No. That's what she does. She always laughs. She does the weirdest. It makes me so uncomfortable. It was her facetiming with, I don't remember her name, a very famous black actress.

And she's going like, Kamala, I'm worried. And she goes, yes. And then she says, like, I'm worried about reproductive rights. I'm worried about climate change. And I couldn't watch a second more of it because it was just very. very cring. Did you see what... I'm curious what the odds they have of Newsom or Pritzker being the...

I... Just fucking put Newsom in there, man. He's younger. That's all we need at this point. I mean, he's... Yeah, sure. Vote for me. Vote for me. All right, let's... Don't vote for Ben. That's not going to...

No, vote for me. Come on. You can do it. You can write it in. We're also in a position where... What? Did I say it like that? No, I'm just making fun of you. pretending like we're in a debate no no we're not in a position i don't finish what you what i'm sure you you've only lived in like california in new york basically yeah neither of our votes have ever mattered mattered yeah that's true and that's why i do extensive fraud oh are you you're

why i vote for deads dead people that's why i vote for dead's dead people yeah i just vote on their behalf. I go to old folks' homes in swing states. It is really amazing how the entire election is determined by just, it really does get quite granular and it gets down to swing voters in swing counties in swing states. And they interview them and they're like, you know, I don't know. I still don't know. Trump seemed strong and Biden seemed a little more coherent than I thought might be? I don't know. And it's like, these fuckers are determining so much. They have, so my mom. It is a tough decision. Like, when you're like, I, both of these, I don't want any of this. And they're like, pick one. That's the thing is none of, I, when I said it

United the country, I feel like everybody was on the same page that none of us want this. We all kind of collectively just went, even the most, even a lot of Trump people were like, what are we doing? What, what is this? what the fuck has again we deserve it we deserve it and Hillary Clinton just comes out and is like I told you you got a hawk toa to the polls hawk toa the polls and vote on that vote on that thing oh yeah I think it's actually walk to walk to a walk to a oh that's so much better can I take it again there's a viral tweet already yeah oh is that what oh maybe I accidentally saw it yeah he said yeah walk to a

of the polls. You know Clinton's going to come out and say walk two of the polls. No, that's honestly what I do hope happens is, I mean, they do it all the time so you can't really put a whole lot of credence in it. Credence in it. But they said some people are talking about Hillary Clinton as the nominee. I do hope we get Clinton Trump again. That would be. That's what we really deserve. It's not a terrible choice. Oh, it's an awful choice. Well, I feel at this point people would vote for her not only again but maybe i don't know let's let's talk about something a little more lighthearted which is the supreme court decision this is not lighthearted that's that was the joke i was kidding this has just been an all-around awful yeah so i took it upon

myself to read i like that you've never read before i read i uh smoked a little pot did you enjoy it was it confusing i smoked a little pot i i did have to Because it brought me back to my college days where I'm like, this is so wordy and so, you've got to be smart to understand this stuff. And thank God I'm smart still. I understood it. You're talking about just Chevron. Yes. Okay.

Because the courts did have quite a week. Yeah. Courts had a week. You know, criminalizing homelessness, legalizing. That was the Supreme Court? Legal. California Supreme Court. No, the Supreme Court said that it's fine to criminalize homelessness, legalizing bribery.

What was the other big one besides Chevron? Oh, Trump immunity stuff. Yeah, Trump immunity. So they're really, that six-three majority is really just getting out there and fucking all kinds of shit. Boy, if you ask me, the Supreme Court's, that sour cream, that's the dollop of sour cream on it has gone truly rancid. The Supreme... Because you know, like a Supreme Taco has sour cream on it.

So this is the court that has sour cream. And it's gone rancid. So the Chevron... The Chevron... Yeah, yeah, yeah, yeah. The Chevron deference was... So you've probably heard all about this Chevron thing. And all the consequences

it's going to have for your everyday life. Yeah, yeah. So it was coined after the Chevron versus Natural Resources Defense Council in 1984. It was one of the most important principles in administrative law for 40 years

and to quote part of the to quote part of the what do you call it when you're not dissenting? The majority opinion? Yes, the majority opinion said the scope of the Chevron deference doctrine was when a legislative delegation to an

administrative agency on a particular issue or question was not explicit but rather implicit. A court may not substitute its own interpret this is the key part. A court may not substitute its own interpretation of the statute for a reasonable interpretation made by the administrative agency. When the statute was silent or ambiguous with respect to the specific issue, the question for the court was whether the agency's action was based on a permissible

construction of the statute. Here, we can put that in this confusing terms. It basically means Congress made laws, makes laws, and up until now, governmental agencies interpreted those laws and thereby enforce them in all the relevant arenas where where right the legislative branch is going to write laws they don't enforce them the executive branch does right the executive branch has all kinds of agencies a EPA SEC Department of Energy sure and so up until that point and Congress also is not going to write laws so specifically as to like not leave any room as to... There's always going to be ambiguity.

Which is just the nature of loss. As time goes on, things are going to change. Things are going to be interpreted in different ways. And so the Supreme Court ruled in 1984 that when there is ambiguity, as long as the agency is acting reasonably, that the justices will defer to the agency. Right.

And, you know, these agencies are usually staffed by experts And, yeah, we'll change with new administrations that are elected. The justices are unelected, not experts in the field. Right. So that was just overturned in a case called Loper Bright Enterprises versus Raimondo. And in the majority opinion, they have all the justices give their take. And Justice Thomas said, the Chevron deference contained constitutional deference contained constitutional defect by compromising the separation of powers in two ways.

It curbs the judicial power afforded to courts and simultaneously expands agency's executive power beyond constitutional limits, limits, which is a fucking generous interpretation, right? It's saying, actually, he's saying, actually, now that we look at it, this 40-year-old thing, the whole thing in America is the separation of like the three branches of government, and this not only limits the judicial. judicial branches power, but it increases the executive branches. Everything about the laws is supposed to be the judges. We're the judges, and we're not getting to do the laws. Yeah, well, I mean, it's also

way more nefarious than that, right? Because, you know, you have Justice Thomas, who has been on the court for a long time. I think it was last year, all these stories broke about his, you know, the bribery allegations. Millions of dollars of gifts. His coziness to Harlan Crow, who, you know, has provided Jenny Thomas, his wife with like half a million dollars to start these, like, consulting firms, all this weird shit, him helping them pay off, like, close to $300,000 RV they had, taking him on lavish vacations. But just in 2005, in National Cable and Telecommunications Association versus Brand X, internet services, Thomas said, Chevron with cars, a federal court to accept the agency's

construction of the statute, even if the agency's reading differs from what the The court believes is the best statutory interpretation. Judges should not rewrite regulations. And then 19 years later, with a whole lot of money from... I mean, and this has been a pet project of conservatives for a long time. Yeah. You know, gut these agency powers. Let's make sure they don't have any teeth to regulate anything.

So he goes on. He says that Chevron compels judges to abdicate their judicial power. The framers understood that legal texts often contain ambiguities, like we said. and that the judicial power included the power to resolve these ambiguities over time. But under Chevron, a judge must accept an agency's interpretation of an ambiguous law, even if he thinks another interpretation is correct. By tying a judge's hands, Chevron presents the judiciary from serving as a constitutional check on the executive. It allows the executive to dictate the outcome of cases through erroneous interpretations.

He goes on and says, The Chevron deference cannot be salvaged by recasting it as deference to an agency's formulation of policy. By giving the force of law to agency pronouncements on matters of private conduct as to which Congress did not actually have an intent. Goes back to what you said. Congress makes these laws. It's up to the agency to interpret them. And he's saying, well, sometimes the agency may interpret the law in a way that Congress never intended to. Suck my dick.

But that's when it all... I know. Part of the Chevron deference is that they're acting reasonably. Yes. If they're not, then they can fucking step in. If they start acting in a way that is like completely unreasonable and completely in Congress with the way that Congress wanted them to act, then it all falls apart. It's all fucking bullshit. It was never for these lifetime appointed, unelected judges to be the arbiters of this. Yes. He says Chevron permits a body other than Congress to perform a function that requires an exercise of legislative power. no matter the gloss put on it, Chevron expands agency's powers beyond the bounds of Article 2

by permitting them to exercise powers reserved to another branch of government. Gorsuch's concurrence, I actually skipped because it was so fucking long and boring that I just... I mean, I also feel like, you know, we're doing people a disservice by even... It's so clear what is happening here. You know what I mean? It's not like... There's no like, oh, wow, I think they might have gotten it wrong there. It's just a fucking gigantic win for big business.

It's fucking maddening. Well, so as I'm reading it, I'm like, because, you know, I've got an open mind about most, if not all things. I'm like, oh, wow, yeah, they're making an argument here that comes down to the law and how it's interpreted and they're making their case for it. it means that courts will take up cases where they'd otherwise have deferred to the agency's interpretation of the law. Sounds good, right? No, because then you read

Kagan, Sotomayor, and Jackson all combined their dissent. Yeah, it's... And it's fucking bitchy. It is bitchy. All of these things, I'm pretty sure, went down party lines. The six conservative judges

and three... So, I'd like to read... Would you like to hear some of the dissent? I read a bunch, but go. Go for it. I want to share with people. This is very long. It is very long, but I can read quickly. I might skip some of it. For 40 years, Chevron USA versus this whole thing, has served as a cornerstone of administrative law, allocating responsibility for statutory construction between courts and agencies. Under Chevron, a court uses all its normal interpretive tools to determine whether Congress has spoken to an issue.

If the court finds Congress has done so, that is the end of the matter. The agency's views make no difference. if the court finds at the end of its interpretive work that Congress has left an ambiguity or gap, then a choice must be made. Who should give content to a statute when Congress's instructions have run out? Should it be a court? Or should it be the agency? Congress has charged with administering the statute. The answer Chevron gives us that it should usually be the agency within the bounds of reasonableness.

That rule has formed the backdrop against which Congress, courts, and agencies all have operated for decades. it has been applied in thousands of judicial decisions. It's become part of the warp and woof of modern government. Is that a spelling error? Should it be warp and wood? I don't know. It says woof in there. Supporting regulatory efforts of all kinds.

Keeping air and water clean, food and drugs safe, and financial markets honest. Some of these are such crucial good points. Congress knows that it does not, in fact, cannot write perfectly complete regulatory statutes. It knows that those statutes will inevitably contain to ambiquely. This is exactly what we were saying. Yeah, yeah, yeah, so all this stuff. I don't think we need to read this whole. There were some really good parts.

Then read the really good parts. Wait, I'm looking for them. Not the stuff we said. So they point out recent examples involving the EPA, Department of Education, student loans, and they say, in one quote, in one fell swoop, the majority today, the majority meaning the other justices, the majority today gives itself exclusive power over every open issue, no matter how expertise-driven or policy-laden involving the meaning of regulatory law. As if it did not have enough on its plate, the majority turns itself into the country's

administrative czar. It defends that move as one suddenly required by the nearly 80-year-old Administrative Procedure Act, but the acts makes no such demand. Today's decision is not one Congress directed. It is entirely the majority's choice. And here's the sick burn. And the majority cannot destroy one doctrine of judicial humility without making a laughing stock of a second. A good, oh, if opinions had titles, a good candidate for today's would be hubris squared. That's what they said.

This decision should be called hubris squared. They just want power, is what they're essentially saying. Yes, there's no secret about this. It's all very out in the open. This has all been a part of their project. you know, the disappointing thing is that, look, I'm not naive. I obviously know how things work, but these are not supposed to be, these are not supposed to be political agencies, right?

They're regulatory bodies. It's not like they're going in there and trying to be like, I want to do what a Democrat would do, right? If they're tasked with enforcing, if Congress passes airline regulations that say we want plane safe, it's not like, well, What would a liberal do here? It's they're going to operate. What would the experts do?

Right. They're going to operate on what experts say, what's feasible for the market and all of these things, and then enact rules. Yeah. They regulate. They give some really good examples. Let's see. Consider the statutory directive to achieve substantial restoration of the Grand Canyon's natural quiet, which was from a different case. Someone is going to have to decide exactly what that statute.

means for air traffic over the canyon. How many flights, in what places, and at what times, are consistent with restoring enough natural quiet on the ground. That is a policy trade-off of a kind familiar to agencies, but peculiarly unsuited to justices. When does an alpha amino acid polymer qualify as a protein? How distinct is distinct for squirrel populations? What size geographic area will ensure appropriate hospital reimbursement, as between two equally feasible understandings of stationary source, should one choose the more protective of the

environment or the one more favorable to economic growth? The idea that courts have special competence in deciding such questions, whereas agencies have none, is, if I may say, malarkey, they say, which is pretty... Don't be cute right now. That's my feedback for all of it. The last quote I want to share. They say, it gives courts the power to make all manner of scientific and technical judgments. It gives courts the power to make all manner of policy calls, including how to weigh competing goods and values. It puts courts at the apex of the administrative process as to every conceivable subject because there are always gaps and ambiguities in regulatory statutes and often of great importance. What actions can be taken to address climate chains or other

environmental challenges? What will the nation's health care system look like in the coming decades or the financial or transportation systems. What rules are going to constrain the development of AI in every sphere of current or future federal regulation expect courts from now on to play a commanding role? It is not a role of Congress. It is not a role Congress has given to them in the APA or any other statute. It is a role the court has now claimed for itself as well as for other judges. Yeah, it's not, yeah, I don't know. It's not even the courts. It's big business who is now going to be deciding all of this. Because who appoints like district court judges? The president? But the, you know, it's all of this. It's the elimination of, it's the elimination of experts on any subject. This has been a problem forever. And it's all these things no one really gives a shit about, right? When people like cry about the OTA, the Office of Technology Assessment and stuff like that, it feels so inconsequential. People are like, what do you talk?

talking about, but there used to be actual systems for legislators to get brought up to speed on stuff. There were experts who could come in and help them with lawmaking. Now, so much gets relied on by lobbyists. And they're just like, I don't know. These guys are filling my head with stuff and filling my pockets with money. We'll just go with what they say. Yeah, they tell me that. It's going to be every aspect is just going to be slowly eroded. And I just, I just, don't think we realize how much we've taken for granted just things working infrastructure it's just this boring bullshit that's going to be ripped out from under us and we're going to go huh clean water was nice yeah well a business actually um capitalism will solve that because it behooves

businesses not to pollute the water because then if they do people will stop buying their product. Yeah. Which is, I'm joking. That's obviously bullshit. I mean, that's not. The fucking. Businesses get away

with so much shit and people still buy their crap. You have the biggest morons. Yeah, I saw Tyler Winklevoss. Another, this is Tyler Winklevoss. Another body blow to the administrative state. The Supreme Court just threw out the 1984 Chevron Doctrine, judges no longer have to defer to rules

made by government bureaucrats that are not backed up by laws. This is how framers of the Constitution envisioned it. Lawmakers passed laws and judges interpret them. Agencies can no longer make up new laws through their rulemaking. Onward. This guy is so fucking stupid. Saying that the framers of the Constitution envisioned it this way is just like so out of bounds. They're not making up new laws either. They're interpreting the laws. And the courts will check them if they determine that their interpretation is unreasonable.

Yeah. God. It just... But the Constitution clearly lays out that the legislature... That Congress is going to create laws and the executive

is going to enforce them. It says nothing about the Supreme Court. Also, the Supreme Court should just fully be ignored. They don't have an enforcement mechanism. This is all... They should. They should have one guy.

They should just be fucking ignored. These people are... It's become such a political body. It's... obviously so out of control and has grabbed so much power. But have you seen the ass on that body? God damn. It's,

this is also out of hand. Yeah, sorry, I just made a... It's fine. It made me, after reading all these cases, it made me wish that I had a, and maybe, you know, who knows what the future has for me. I want a Supreme Court case. I want Ben Conn versus American Airlines.

I'm still waiting for them to come back. credit card. Try to sue me, yeah. I don't think you'll... Take it all the way to the Supreme... I would win. I think I would fully win because I, I exploited their loophole.

I should sue them. I don't think you'd make it to the Supreme Court. No, no, I'd barely make it past Judge Judy. Yeah. Or Judge Joe Brown. What was his name? I think that's what his name was. Joe Brown?

But, I mean, this just, it's... All the stuff we complain about all the time on this show of it's just it's all wrapped up in this shit it's um yeah I mean when you're talking about you know one of our most popular

trillionaire mindset episodes was the was the railroad stuff I mean it's that kind of thing would get worse presumably yeah because even they even act a fool even with the agencies regulating them

imagine when you're talking about all the fucking Boeing stuff we talk about we talk about Boeing constantly and like how we're we've even gotten to this point. And, you know, when we talk to the experts and the whistleblowers and they're like, this is also a, this is also a government body problem. This is also like a regulatory problem. They've been defanged.

It's going to be even worse. You're going to see agencies before when they had seen some, you know, ambiguity and been like, okay, well, maybe there is room for us to regulate in this way. they're not going to make that leap. They're not going to stretch because they're going to go, you know, we're going to end up in court. We're going to get. Yeah.

I have to pee real fast. Well, let's finish. Let's wrap it up with the other thing. Yeah, I don't, my, I feel we don't like get super in the weeds on politics in here. It's not fun to talk about. It's also been, I mean, this whole, just the past, I don't even know, decade has just been so demoralizing. it also feels

uh try to be positive though I mean I don't know how I mean that's it's the place we've gotten is so funny where you know the there are those two memes

everyone posts like kind of every election where one is the Simpsons thing where it's it's the Republicans are like we hate you and we want you to die or whatever and the and then it's like the Democrats and it says something like we don't know how to yeah we hate ourselves and don't know how to govern and then there's the South Park one where it's like a

a turd versus is a something, whatever. Yeah. And it's funny, that's how people felt in, you know, decades ago, right? And just how far we've come. And I don't know, I feel like you talk to older people and you're like, well, I don't know, there's always been a bit of like dread around how the world works. And I am, I think this is unique and we're watching the wheels fully come on.

off the track and um and uh yeah i don't know the it's just it's all i mean and that's i don't know what people are supposed to do right they like when these things happen mail to the way house when they when they when they bring these um when these judgments come down for the supreme court they put the barricades out right they did it with dobs when they overturned row um i'm pretty sure they put them out again when the, when the Trump immunity thing came down. No one's there. They didn't, the barrack, it's

fine, and they've adjourned and they're out for summer. You know, Justice Thomas is going to be probably on a yacht. He's going to forget all about you. He's going to come back in the fall. I don't, and, you know, and that's the thing.

And Biden's going to tell you, like, you know, We don't have kings. He doesn't even say I'll fix it. That's the thing. If you look at his tweets, he's just like, we don't believe in this stuff. And for him to fix it, it would take a lot of political will. It would be either like ignoring the Supreme Court.

I don't think he's going to have the capability to pack the Supreme Court, but it's not something he'd even talk about. Like, I think, you know, if he was barnstorming the country right now, talking about, I don't want our country to look like this. Vote for me. Vote for Democrats. I mean, and that's the thing. Like, people who like vote for Democrats. A lot of Democrats don't support any of this stuff. They don't support packing the court. They don't support, like, restoring your rights. So I don't know. It's, we're all alone. Well, yeah. I mean, I don't know what else to capstone that with, but let's switch gears to the markets where everything is hunky-dory and everything is totally fine.

God, I'm so sick of this guy. I like him, but I'm also just tired of it. I'm tired of the crap. He posted a photo of a dog, a cartoon dog last week. Buy Chewy. And everybody bought Chewy, the stock. Chew-D-D-D-G-E-H-W-Y. Turns out one of these fucking dipshits who has nothing else going on

noticed that the dog face was from a C-H-W-Y. Still, it's from one of his, one of his, I noticed that right at second 53, the dog and the flag were gray, and then they changed to color because it was from like, yeah, some video that he posted weeks ago. And everybody's losing their shit. And it turns out that, yeah, he bought 9 million, like 100,000, 9,000 and 1,000 shares of Chewy, which caused the stock to temporarily go up. He also briefly got sued by a guy. Dude, this guy is so much fucking money.

Also, dude, my brother, diversify, man. What are you doing? He did. He was in GameStop. Now he's doing Chewy. Yeah, I guess. Look, I'm not doing games no more. I know. But, so he got sued by this guy

in D.C. and it already got thrown out, but the guy lost like $200 on a $1,000 investment. I'd too. If I lost $200, I'm sorry. Anyway, so we love dorks big time here on this show, and there's been a lot of talk about Chipotle's portion sizing in recent times that they are skimping, and the company's been accused of that. So Wells Fargo researchers were like, you know what, let's put this puppy to rest.

Let's find out. Let's see if they're really skimping on that. the size. So they had some analysts purchase 75 identical burrito bowls from eight different Chipotle's in New York City just to find out. And this is from the actual article about it. They found that the consistency of the bowl sizes varied widely. Some locations served bowls that weighed about 33% more than other locations. The heaviest bowls weighed between 87% more than the smallest bulls. That's a pretty big discrepancy. But bowls ordered in store and online weighed roughly the same. Well, Wells Fargo said, while throughput is improving, order consistency remains an opportunity. Shut the fuck up. I'm going to do the brave thing and say,

what is throughput? I don't know. The fucking, I don't know. Yeah. I'll do it. I'll speak for you all. They got this fucking. What is throughput? I don't know. I don't even know, my friend. I know, I like this little table. I like the table. The three standard deviations, the lightest one was, bowl weight varied widely with the lightest bowl, three standard deviations below the median. You fucking nerds, I praise you so much.

And then, of course. I have to praise you like a show. And then, of course, Crybaby Bill Ackman, who just can't. I'm fucking driving, I'm going crazy because... This is so funny, though. I genuinely think this is the type of stuff that it's going to matter, I guess. Like, who is Hocktua girl supporting?

It's not that. So, Laura Lumer, the real life... No, it is, though, because the reason he stepped in... Is to correct her. Right. And so he was worried that Trump's good name might be so... Let me... So, Laura Lumer posted...

But it is that. In her first interview, since... Since going viral. It was that. It was that. Well, I want to read it. Well, don't say it wasn't that. Well, I think, I don't remember.

I'm just, I was going to read it live. In her first interview since going viral, she was asked about Donald Trump, meaning the Hawk to a girl. Did you watch the video? No. Okay. So she's like, I'm going to play a game with you. Yeah. And she's like, I'm going to show.

Also, whatever. I'm happy for the Hawk to a woman. I just like, I need this to end. Me do. But so she's on a podcast. And the woman goes, I'm assuming you like older women. And she goes, oh, yeah. Older men, you mean?

Yeah. And that cowboy hat she's wearing it way too big. I'm going to show you a picture of a guy and you're going to either say Haktua or nah. Haktua sounds like a Native American like war leader guy. Haktua, meaning you would spit on that thing. Nah, meaning you wouldn't suck his cock, I guess. Yeah. And so she shows him one and she goes, Haktua.

And then she shows a picture of Donald Trump. And she said, it's a no for me. Meaning she wouldn't suck his cock. Yes. Okay. And so, and Laura Lumer said, stop giving skanks attention. This girl was made famous for talking about whatever the fuck. And then Bill Ackman replies, Laura, you got this one wrong.

That was not the question. This man is a billionaire. Laura, you got this one wrong. That was not the question she was asked. and I don't think you can determine her politics from this clip. You might want to review it again. And so Laura Lumer responded, I stand corrected, Bill Ackman.

Upon further review, it turns out that she was only talking about whether she would perform fallacious on President Trump. Her plans for election day remain unclear. But that's what I'm talking about, where they seem to find some importance in whether or not Hocktu a girl supports Trump. Because it's all the fucking culture war.

I know. And Bill Ackman. Everybody loves it. her which side of shit it's like when that fucking red-haired guy came out and sang the song about america's fucked everybody was like which side do you want and he's like i actually hate them both and then the republicans were like fuck you then you've right idiot just headlines of like she was the right darling when she came out at a zach bryant concert now they're not so sure because she said she wouldn't suck president trump's cock

but i think like laura was assuming that was what bill actman correct he said no she's actually talking about giving him a blowjob i know question but yeah that's what i'm saying is laura loomer was assuming it meant like just is hoctua a good thing and she was like no so laura loomer goes oh yeah well she's not going to vote for him then yeah it's fucking stupid it's all i uh you know sometimes uh audience members of this show will see us out in the world and that's always fun they come say hi i want you do me a favor if you see me out just put me out of my fucking misery. All right.

Shoot them. Shoot them back of the head. Whatever you want to do. You don't. Push me in front of a fucking bus. I've got an idea. We should,

um, we should do a national sepacu. Yeah, that'll teach them. We should all buy swords. Also, the best part about this is like that are the third, the third most popular option right now that people is, uh, that fucking

psycho, RFK Jr. I love it. It's like, let's all just the, he recently got, uh, outed for,

for the, I think the Democrats are probably... He might have gotten the worms from eating a big old barbecued dog, I guess. Yeah, but like I said in the text, maybe the dog was wrong. Maybe the dog was bad. Maybe the dog bit someone in the cooking. I don't even... Do you think Anthony Bourdain has ever eaten dog?

You'll find yourself somewhere in Vietnam, and you'll go to a bar where no one knows your name, and they'll serve you cold beer on a small... plastic table, and they'll serve you dog, which you've never had before. And you should always eat the dog and eat what the locals eat, and talk to a stranger, and get a little buzzed, and go get a tattoo. I think we're all going to be eating dog sooner or later. I would never. Just wait till the... I'm not going to eat a companion. Just wait till the food supplies collapse. And that's why I got, I'm stocking up on rice and beans. Truly, I've got plenty of rice. Don't come and don't come to my house. Don't maraud me. Don't

you marauders out there? You better fucking keep your hands. You better fucking keep your Hands off. I am going to get a gun. Yeah, I'm going to get a gun. Maybe. I don't know. I haven't decided yet. Maybe one of those less than lethal ones. You could probably take on an airplane. I don't know. I haven't tested that theory yet. Can you? You should be able to take one of the, um, you're right? Just choked on me. You don't spit. Let's let's end it. Let's stop. No. Yeah. The only thing we're going to end is. Wait, wait, wait, wait, wait, wait, wait, wait, wait. We're going to have some, we're going to have a good bonus. episode this week, but I want you to be there. We're going to have a good bonus episode. We're going to have a good bonus episode. I got some. We, I apologize for being a bummer, but I don't feel good about any of this stuff.

And I'm choosing to be positive because that's all I can do. That's all I can be in control of. I want to stop. Let's stop.