Trey and Ken open the episode covering two recent deaths: Henry Kissinger and Sandra Day O’Connor. Trey outlines the positives and the controversies of Kissinger’s international realism, along with both his opening of China and his support for authoritarian regimes. Ken highlights the swing vote legacy of O’Connor, despite her own desire not to be seen in that light during her lifetime.
Next, they turn to the U.S. House’s expelling of George Santos. Trey outlines the Constitution’s flexibility on the issue, agrees with his ousters, and sees in it the possibility for a move away from Trumpianism in the Republican Party. Ken is less optimistic, but agrees with Santo’s ouster.
They close with a look at the Supreme Court oral arguments over SEC v Jarkesy and the 5th Circuit Court’s opinion questioning the administrative state. Trey sees potential issues with a consecration of power in a singular agency of powers, and institutions, designed to be divided. Ken believes there is less to fear and no Constitutional problem with vesting an administrative agency with executive, legislative, and judicial power.