Trey & Ken record early this week and do something unique: they give additional insight into the cases of Dobbs and New York State Rifle & Pistol Association covered by Mike and Jay last week.
The duo start by discussing the Cassidy Hutchinson testimony. Ken thinks the likelihood of a Trump inditement has increased. Trey asks what could actually be demonstrated in court. Further the pair discuss the intersection of politics and law in a case such as this. The finish the topic by discussing the implications for Trump challengers to the Republican primary including Ron DeSantis and Mike Pence.
Next is a discussion on the major establishment vs. expression question at the heart of Kennedy v Bremerton School District. Trey is supportive of the bottom line outcome, although he doesn’t believe there was a need to overturn precedent to do it. Ken believes that it is just a particular outcome that was destined to win and that it was a violation of the establishment clause.
After that they close the show by moving on to something unusual: they examine what Mike & Jay had to say on abortion and guns in the Dobbs and New York cases. In Dobbs Trey agrees with the outcome, but disagrees with the reasoning. Specifically he, like Ken, agree that there are more rights than specifically outlined in the constitution. In this way they both disagree with Mike & Jay. On guns Trey believes a close reading of history shows a conflicted set of frames over the meaning of the 2nd Amendment, but that it included an individual right to bear arms. Ken gives no ground and thinks it is historically only connected to states.
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