5-4

On the 12th day of Christmas, the Warren Court gave to us:

Loving Day on June 12th;

11 December 1952 - final day of argument in Brown v. Board of Education of Topeka;

Nationalization of the first ten amendments;

Nine concurring justices;

(8-1 in Reynolds v. Sims);

Seven birth control pills a week;

Sixth Amendment right to counsel;

Five Miranda rights;

Fourth Amendment protections;

Three expansions of due process;

Brown v. Board of Education II;

And one man, one vote.

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Let us now bow our heads in observance of this episode about why the Supreme Court thinks it's OK for a government to have prayer before public meetings, but NOT OK for the town to manage who gives that prayer or what they pray about. Amen.

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Robert Bork, a Regan nominee to the Supreme Court, showed the depth of his reactionary views during his confirmation hearings, and as a result, was voted down. That kicked off three decades of conservative whining and moaning and retribution, which continues to haunt us today.  This is why we drink.

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What's the return on investment on not having an asthma attack? If you can't count it, it doesn't count, according to the majority in this 5-4 ruling, which turned back EPA rules on mercury emissions from power plants. As a result, the power industry won't be burdened by those costly regulations, so you can breathe easy. LOL.

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Senator Sheldon Whitehouse (D-RI) joins us to talk dark money, judicial nominations, and whether the Democrats have any hope of getting things done without filibuster reform.

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ERRATUM:

At 17:10 Senator Whitehouse refers to a study of 78 Roberts court era decisions. He incorrectly states that 72 of the cases advance Republican and/or corporate interests. The number is 73 cases, or 92 percent.

FURTHER READING:

"A Conservative Activist's Behind-the-Scenes Campaign to Remake the Nation's Courts" - Washington Post

"Inside the Koch-Backed Effort to Block the Largest Election-Reform Bill in Half a Century" - The New Yorker

"One unnamed donor gave $17 million to the Leo-affiliated Judicial Crisis Network to block the nomination of Judge Merrick Garland and to support Gorsuch; then a donor — perhaps the same one — gave another $17 million to prop up Kavanaugh."

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A foreign "prisoner of war" can communicate with their family. An American "traitor" can argue their case in court. An American "enemy combatant" can do neither, according to the Supreme Court, creating a third category of prisoner with very few legal rights. America immediately post-9/11 was very chill and normal.

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Oof, this is a tough one: Protect the Constitutional rights of actual people, or clutch the vague concept of "federalism" in my grubby little hands like Gollum with that ring. TBH probably gonna go with my precious. 

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When a Supreme Court Justice tells you he's totally legitimate and not part of a secret cabal 🚩🚩🚩🚩🚩🚩🚩🚩🚩🚩🚩🚩🚩🚩.

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The 2022 Supreme Court term is shaping up to be pretty gnarly. We brought on The Nation's justice correspondent, Elie Mystal, to walk us through the cases he's watching.

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This case originates out of an incident at opposite Burning Man, a ski race in Alaska called Arctic Man. The ruling is about opposite free speech, wherein the justices vote to protect cops' First Amendment right to accidentally say the quiet part out loud when they're doing a retaliatory arrest. 

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