Author: Michael Baranowski

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Mike & Jay open with a look at the flurry of activity surrounding Russia’s invasion of Ukraine – the death toll and human cost, Russia’s cratering economy, energy policy ramifications, and much more. They also take a look at President Biden’s new Executive Order on cryptocurrencies, which some believe Russia may be using to at least partially evade sanctions.

After that it’s two verified sightings of bipartisanship in Congress: the Fiscal Year 2022 budget and the even more bipartisan Postal Service Reform legislation. Mike & Jay join in the love-fest, though they don’t completely agree on everything in these two bills.

Next they discuss two laws that have been seen by many as anti-LGBTQ+. The first is Texas’ decision to classify sex reassignment procedures for minors as child abuse, with the second being Florida’s so called “Don’t Say Gay” bill. Their discussion gets into, among other things,  parental rights, school board vs state control, the significant rise in no-traditional gender identity, and even a  risqué report that high school junior Jay did on this 1973 John Updike short story.  

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This week Trey and Ken host the show and start by bringing updates on Russia and Ken’s perspective to the ongoing crisis. Specifically the pair discuss the recent attack on a nuclear power plant and the Congressional resolution condemning Russia.

Next the pair talk about client, attorney privilege as it may or may not apply to John Eastman, which apparently opens Trump to the possibility of criminal investigation.

After that it is a discussion of Biden’s State of the Union and how State of the Union addresses might be reimagined to better help the populace and president communicate.

Then Trey and Ken discuss the new White House COVID strategy. They move south to talk about he Texas primary and the ongoing difficulties Democrats had. Trey again argues it might be time for Democrats to not think that demographics necessarily run in their favor. The pair close the show looking at the cases of Egbert v Boule and the U.S. v Abu Zubaydah.

Trey’s Recommendation Severance

Ken’s Recommendations The Case of Richard Sorge

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Mike & Jay are joined by Trey on this episode of the podcast, which starts off with an extended discussion of Russia’s invasion of Ukraine. The guys get into likely outcomes, Putin’s strategic savvy, the ineffectiveness of sanctions, democratic vs authoritarian regimes, prospects for energy policy in Europe, the GOP split in reactions to Putin and Russia, how Russia’s actions might affect China’s view of a Taiwan, and a lot more.

Then it’s a look at Judge Ketanji Brown Jackson, President Biden’s nominee to fill the Supreme Court seat of retiring Justice Stephen Breyer. Nobody is surprised by Biden’s choice, and the guys expect Jackson to be confirmed on a narrow, mostly party line vote. Jay suggests that a more consensus-building nominee might have been shortlisted candidate J. Michelle Childs, though Mike argues that we’re in an age where almost no conceivable Supreme Court nominee would be confirmed with any significant bipartisan support.

After that is a discussion of the Supreme Court’s announcement that it will be hearing 303 Creative v. Elenis, in which a Christian website designer argues that Colorado’s LGBTQ+ anti-discrimination law violates her 1st amendment free expression and free exercise of religion rights. The Court declined to consider the religious freedom implications, but Jay, Mike, and Trey all agree that a majority of the Justices are likely to see that law as unconstitutionally compelling speech.

Next, they talk about why a Democratic House member would want to deliver a response to Democrat Joe Biden’s upcoming State of the Union Address, as Michigan Representative and “Squad” member Rashida Tlaib plans to do for the progressive group Working Families Party. Following that, they discuss the launch of Donald Trump’s Truth Social app, as well as a federal court ruling that pits deference to administrative regulations against the Court’s role in determining the meaning of major legal questions.

Mike’s Recommendations
The Hitman’s Bodyguard & The Hitman’s Wife’s Bodyguard

Trey’s Recommendations
The Constitution, An Introduction.  Michael Stokes Paulsen and Luke Paulsen

The Least of Us, Part II (video game)

Jay’s Recommendations
The NRPLUS Facebook Group

A Spy Among Friends: Kim Philby and the Great Betrayal. Ben Macintyre

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Mike & Jay kick off the show with a look at what seems to be the “it’s only a matter of time” Russian invasion of Ukraine. Jay thinks that the Biden administration’s approach has been very good to this point, while Mike attempts to present the non-interventionist, “America First” case for staying out of Russia’s (and possibly China’s) spheres of influence.

Then it’s on to two lawsuits – the first being the Department of Justice’s suit against Missouri’s “Second Amendment Protection Act” and the second Texas’s suit against the CDC for the federal travel hub mask mandate. Mike & Jay agree that Missouri doesn’t get to nullify federal law, and that their law is almost certain to fall. They think Texas may have a stronger case on the mask mandate, but that it’s important to separate what may be good public policy from what’s within the power of a government agency to do absent specific congressional authorization.

Following that, they look at a pretrial motion filed by Special Counsel John Durham in his investigation of the federal government’s investigation of Russian influence in the 2016 elections. They agree that the allegations are serious, but that it’s easy to reach bad conclusions so early in the process.

The show winds up with discussion of “prestige television”, class, and politics followed by an appreciation of the late P. J. O’Rourke, and then some thoughts on ballot harvesting.

Jay’s Recommendation
The Americanization of Benjamin Franklin. Gordon Wood

Mike’s Recommendations
A Mencken Chrestomathy and Notes on Democracy. H. L. Mencken
The Autobiography of Theodore Roosevelt. Theodore Roosevelt

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In this episode Emily Smith of Oklahoma Christian University joins Ken & Trey. The trio begin by looking at the Supreme Court’s recent decision to allow Alabama redistricting maps to remain, despite a potential conflict with the Voting Rights Act.

Following this the trio talk Trump and his 15 boxes of documents retrieved by the National Archives and Records Administration. Trey focuses on the growing power of the modern presidency and the seeming inability of other branches of government to check it. Ken thinks that there are checks, they just have not been effectively used.

Next the trio look at the recent bipartisan push to end individual stock trading for members of Congress or their immediate family. Ken argues it ought to be expanded to the court where there is more evidence of harm. Trey looks at the evidence of success in the stock market for those in Congress.

Then the trio turn to the Open Apps Market Act. Ken is fully in support of the motion, but is surprised by the Republican support. Emily wonders what it may do to increase disability software for mobile platforms. Trey is supportive of opening devices to more app stores, but not of forcing how those app stores to adhere to particular rules.

Following that topic they turn their attention to the northern border and the Canadian trucker protests. All three discuss what these larger protests mean and if there isn’t an end to COVID restrictions in sight for no other reason than an ability to convince more people to get vaccinated.

Last comes a conversation on the growing number of individuals in the U.S. who identify as Republican. Trey points out that the conventional wisdom from the left was wrong, demographics do not necessarily favor Democrats. Ken focuses on border communities and what might explain their shift. Emily suggests that the religious conviction of certain demographic groups may incline them towards Republicans.

Ken’s Recommendations

Checkmate in Berlin: The Cold War Showdown That Shaped the Modern World by Giles Milton

Emily’s Recommendations

A Kind of Spark & Show Us Who You Are & Like a Charm by Elle McNicoll

Trey’s Recommendations

The Cult of the Presidency by Gene Healy & Swan Song (2021)

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Mike & Jay start off this week’s episode with a look at the latest developments in the no longer “immanent” Russian invasion of Ukraine (at least not according to the White House). That’s followed by discussion of Donald Trump’s comments on the Electoral Count Act, pardons for those involved in the January 6th Capitol rioting, and the Republican National Committee’s censure of Republican House members Adam Kinzinger and Liz Cheney.

Following that is a discussion of judicial recusal and whether Justice Clarence Thomas should be hearing cases involving the House January 6th Commission, former Miami Dolphins head coach Brian Flores’ lawsuit against the NFL and its larger societal implications, and whether Joe Rogan should be reined in or even censored for giving a platform to people advancing questionable information concerning COVID-19.

Jay’s Recommendations
Nightmare Alley (1947) & Nightmare Alley (2021)

Mike’s Recommendation
Napoleon’s Master: A Life of Prince Talleyrand. David Lawday

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This week it’s a special three-person episode: Mike, Jay, and Ken. They kick things off by discussing the retirement of Supreme Court Justice Stephen Breyer, including his role on the Court, potential replacements, and the upcoming confirmation battle.

They stick with the Supreme Court in their discussion of two big affirmative action cases the Court has agreed to hear, both concerning alleged discrimination against Asian Americans in college admissions. 

Next, it’s a look at a federal judge’s ruling that halted the largest oil lease sale in US history. Why did the Biden administration hold the sale in the first place? What was the Trump-era Interior Department’s argument about drilling having less of an environmental impact than not drilling? Mike, Jay, and Ken discuss that and more.

Following that, they turn to recent economic news, including strong growth in 2021 — with even stronger inflation. Mike stands by his optimistic economic predictions (while admitting that he might have been somewhat too optimistic) and Ken largely agrees. Jay, on the other hand, thinks the economy won’t be improving nearly as quickly as Mike and Ken seem to believe.

The show closes with a look at the American Museum of Natural History’s decision to remove an allegedly racist statue of former US President Theodore Roosevelt. Mike and Ken agree that the statue should have been removed, while Jay feels it should have stayed in place.

Recommendations

Ken: Lost Cincinnati Concert Venues of the ’50s and ’60s: From the Surf Club to Ludlow Garage. Steven Rosen

Jay:  Supreme Court of the United States Website

Mike: Station Eleven (HBO Max)

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