This week’s show starts off with Mike and Jay discussing Justice Anthony Kennedy’s retirement. There’s so much to cover here that the Guys decided to do an entire episode on it, which will drop in the usual Wednesday slot (July 4).
There were a bunch of important Supreme Court decisions announced this week, which Mike and Jay then get into. First was a big win for President Trump’s travel ban. Jay thinks the Court make the right call, but Mike – after initially agreeing earlier in the week – has changed his mind, and thinks the four liberal dissenters got it right.
After that is another 5-4 conservative ruling that overturned a 41-year-old precedent that allowed public sector unions to charge non-members a collective bargaining fee. Jay once again sides with the conservative majority, while Mike argues that their decision rests on shaky grounds and, as such, he would default to allowing the policy of the states as opposed to what he sees as conservative judicial activism.
Then it’s a look at the Court – yet again along 5-4 ideological lines – overturning the California FACT Act, which required anti-abortion ‘pregnancy crisis centers’ to make mention of abortion services available elsewhere as well as to let clients know if the center does not have a state medical license. Mike agrees with the 9th Circuit, which held that this was neutral commercial speech and therefore subject to regulation. Jay believes the majority on the Supreme Court was right in arguing that this amounts to compelled speech promoting abortion, and therefore a violation of the 1st Amendment.
The final big case of the week involved a Texas congressional and state legislative redistricting plan that a lower court said was an impermissible racial gerrymander. It was another 5-4 ideological split, with Jay standing with the conservative majority who argued that the burden of proof was on the plaintiffs and they didn’t demonstrate that Texas acted in bad faith. Mike is pretty sure that Texas did act in bad faith, but because he didn’t see clear proof of this, he reluctantly agrees that the Court’s conservatives were right on this one.
Finally, Mike and Jay discuss the major developments in immigration policy in the last week: President Trump’s suggestion that immigrants aren’t entitled to due process, the multi-state lawsuit against family separations, a federal judge ordering the administration to reunite families, the incompetence with which the policy has been carried out from the very beginning, and why Congress hasn’t acted, and it’s likely to any time soon.
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