The Politics Guys

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Trey and Ken begin the first of a three week show hosting! They get things started with the recent injunction stopping the White House from unduly blocking information on social media in ways that would not pass constitutional muster if it were done via a law. Ken argues it is yet another example of a corrupt court, Trey pushes back that it is selective targeting inconsistent with their user platforms.

Next it is on to NAACP’s lawsuit against legacy admissions in the wake of the Supreme Court’s Students for Fair Admissions v Harvard. Trey recaps the Mike and May’s positions from last week and then largely agrees. Ken agrees in policy, but doesn’t think it violates the Constitution. They then delve into the issue of legacy admissions and if it is Constitutional under the new framework or not.

They close with a look at the relationship between China and Russia and how it may have been influenced by the recent Wagner uprising. They specifically look at The New York Times recent suggestions that a split may be emerging and agree such a split is less likely than is being predicted.

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Mike and May open this all-SCOTUS episode with a discussion of the Court’s ruling in the big affirmative action case, Students for Fair Admissions v Harvard. Both Mike and May agree with the Court’s decision, with Mike pointing out that while like most liberals, he’s a big proponent of diversity, he doesn’t believe that Harvard and UNC’s diversity plans pass the strict scrutiny test that’s appropriately applied here.

Next, they move to the LGBT / 1^st Amendment ruling in 303 Creative LLC v Elenis. Mike sides with the dissenters who argued that Colorado’s antidiscrimination law only incidentally affects speech, while May believes that the majority got it right in viewing that the law unconstitutionally compels website designer Lorie Smith to promote views with which she disagrees.

Then it’s the Court’s pronouncement on the independent state legislature theory in Moore v Harper. Mike doesn’t think the Court should have taken the case in the first place for reasons of mootness but believes that the coalition of three conservatives and three liberals in the majority were right to rule against the theory. May points out that the Court didn’t provide that much guidance as to the scope of state judicial review of election laws which likely means more lawsuits going forward.

They close with Biden v Nebraska, in which the Court invalidated the Biden administration’s student debt relief plan. Mike is with the dissenters on this one, arguing that the administration was within the statutory authority granted by Congress, whereas May contends that the majority was correct in their view that the authority to ‘waive’ in the legislation does not give the administration the authority to simply forgive massive amounts of student loan debt. (More from May on that here.)

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In this midweek episode Trey & Jay continue through the U.S. Constitution. The focus: Article II, Sections 3 and 4. The Guys focus on the State of the Union, faithfully executing the law, and the presidential impeachment.

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This week the conservatives, Trey and Jay, take over the show! They begin with the plea deal offered to Hunter Biden. Trey believes it shows that Hunter has engaged in a variety of bad dealings and the Biden’s should have stepped back from his support sooner. Jay goes a step further and things there may still be a smoking gun linking to President Biden.

Next, they turn to the recent ProPublica report on Justice Alito. Trey was disappointed in Justice Thomas and his clear violation of ethics laws. He went in expecting a bigger story, but he sees this as pretty much a big nothing. Jay agrees and doesn’t think the ethics disclosures matter much and didn’t think Justice Thomas crossed a line.

After that is a dive into Boebert’s articles of impeachment against President Biden. Neither Jay nor Trey think there is anything rising to an impeachable offense and Jay thinks it will do nothing but harm Republicans more generally.

They close the show with a discussion of the recent ban on the sale of real estate to Chinese people to go into effect on July 1 in Florida.

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In this midweek episode Trey & Ken continue through the U.S. Constitution. The focus: Article II, Section 2. Here The Guys discuss the issue of presidential treaty power, presidential appointment power, and presidential removal power.

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Mike & Jay open the episode with their views on the Supreme Court’s ruling in Allen v Milligan, the big voting rights case that Trey & Ken discussed last week. They add to the conversation by focusing on the dissent, which Jay largely agrees with. Mike believes Justices Thomas and Alito make a reasonable, but unconvincing case in arguing that Alabama did not violate Section 2 of the Voting Rights Act.

Next, they turn to a recent National Labor Relations Board ruling that makes it more difficult for employers to claim workers are independent contractors as opposed to employees. Mike sees this as a return to the less-politicized view that the Trump-dominated NLRB changed in 2019. Jay doesn’t disagree with the recent decision but feels that it, like the Trump-era move, was also in part politically motivated.

After that, they discuss Pride Month. Mike notes that aside from a 2019 tweet from President Trump, no Republican president has formally acknowledged Pride Month since its inception in 1999. Jay believes that’s because a not-insignificant percentage of the population sees homosexuality and non-cisgender identification as choices that are incompatible with their values or religious beliefs.

Then it’s a look back at the legacy of Unabomber Ted Kaczynski, who recently committed suicide in federal prison. Mike argues that while Kaczynski’s methods were reprehensible and his balancing of the pros and cons of industrial society is incorrect, he makes some important points. Jay doesn’t entirely disagree but suggests that pulling the small amount of good from a far greater evil is counterproductive and that we can discuss the costs and benefits of industrial society without bringing domestic terrorists into the conversation.

They close by considering the current presidential field, the likelihood that Donald Trump will be the GOP nominee, and the possibility of a viable No Labels ticket.

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change your level of support at patreon.com/politicsguys or politicsguys.com/support. On Venmo we’re @PoliticsGuys.

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Trey & Ken begin the show with the breaking news of President Trump’s historic federal indictment. Although the story is unfolding, the guys look at what it means both legally and politically for Trump. They are in large agreement that it doesn’t change Trump’s likelihood of being nominated, but that it does decrease his ability to win the general election.

Next, they turn the the U.S. Supreme Court’s upholding of the Voting Rights Act in Alabama. Here Trey & Ken deeply disagree. Trey argues that Ken’s Supreme Court predictions have consistently failed because his rubric is wrong. He presses that a purely ideological, or attitudinal, model of the court has long been found lacking in the scholarly community. Ken counters that his underlying model is still sound and that the court is by that measure corrupt.

After that is a dive into the U.S. House of Representatives being effectively shut down. The pair discuss what led to the shutdown and the impact it may have on McCarthy’s speakership. Trey argues that there are upsides to outsider voices being heard and government being tightly split. Ken agrees in theory, but argues that Republicans are too extreme for the benefits of this kind of government.

They close the show with a discussion of Mike Pence. Here Trey offers a unique insight into not only why Pence is running, but why he can’t win: the demographics of not just the United States but of the Republican Party have changed. Religiosity is no longer key.

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Listener support helps make The Politics Guys possible. You can support us or change your level of support at patreon.com/politicsguys or politicsguys.com/support. On Venmo we’re @PoliticsGuys.