Trey & Ken open the episode with a conversation about the end of immigration policy under Title 42 and the beginning of it being handled under Title 8. Trey points out that Biden is likely to lose from both sides of the ideological divide on his policy, both the left and the right. Ken thinks the policy will help Biden come the election. Both agree that there needs to be more space for immigration, specifically asylum seekers, in the United States.
Next is Trump’s loss of a defamation lawsuit to E. Jean Carroll. Trey & Ken discuss both what makes the civil trial unique and the political aftermath of it. Ken believes it might have a small effect. Trey doesn’t believe any actions will change the political landscape for Trump.
After that Trey & Ken tackle Santos. In addition to his pending criminal charges in the U.S. he pled no contest in Brazil. Trey highlights both the unusual nature of Santos lies, but takes hope in the fact that his inability to channel Trump indicates Trump’s uniqueness in the American political system.
Then the pair turn to Trump’s CNN Town Hall. Trey believes that Trump was back in his element. Not worried about a larger narrative, Trump can play to a larger audience in his sound bites. Meanwhile Ken believes Trump is only harming himself with the larger public. Trey counters that current polling suggests otherwise.
Following that Trey & Ken move to discussing the EPA rules. Trey outlines the pragmatic problems with the new rules. Specifically the backlog of requests to the agency that already exist that will become exasperated by the policy. Ken believes the rules are still helpful because they allow for a kind of positive agency capture situation — even if they are ultimately found unconstitutional.
The guys close discussing National Pork Producers Council v. Ross and the court’s messy approach to the dormant commerce clause. Trey points out that the the alignment of the judges once again doesn’t align with Ken’s views of the conservative members of the court. Ken agrees, especially as it comes to the split locations of the liberal justices. Ken explains the dormant Commerce clause and his surprise the decision wasn’t 9-0.