1 00:00:15,316 --> 00:00:16,766 [Rush Lindell] So here's what's going on. 2 00:00:17,016 --> 00:00:20,466 [Rush Lindell] The Supreme Court is in a full sprint right now. 3 00:00:20,865 --> 00:00:23,315 [Rush Lindell] Twenty plus opinions sitting in that building, 4 00:00:23,716 --> 00:00:26,316 [Rush Lindell] zero advance notice on when any of them drop, 5 00:00:26,466 --> 00:00:29,066 [Rush Lindell] and a term that ends in late June. 6 00:00:29,066 --> 00:00:29,515 [Reagan] Wow. 7 00:00:29,515 --> 00:00:33,365 [Rush Lindell] Every single morning this week could be the morning. 8 00:00:33,865 --> 00:00:35,365 [Reagan] And it's not a light docket. 9 00:00:35,666 --> 00:00:39,816 [Reagan] NPR counted 23 cases still pending out of 58 argued this term: 10 00:00:40,216 --> 00:00:41,066 [Reagan] birthright citizenship, 11 00:00:41,466 --> 00:00:42,365 [Reagan] transgender athletes, 12 00:00:42,765 --> 00:00:43,265 [Reagan] gun rights, 13 00:00:43,415 --> 00:00:44,215 [Reagan] campaign finance. 14 00:00:44,020 --> 00:00:44,420 [Reagan] Finance? 15 00:00:44,770 --> 00:00:45,770 [Reagan] Independent agencies? 16 00:00:46,370 --> 00:00:48,020 [Rush Lindell] All of it at once. 17 00:00:48,620 --> 00:00:49,570 [Rush Lindell] No big deal. 18 00:00:49,920 --> 00:00:51,520 [Reagan] Completely normal news cycle. 19 00:00:51,969 --> 00:00:52,469 [Rush Lindell] Right. 20 00:00:52,770 --> 00:01:00,270 [Rush Lindell] So what we're doing today-and this is the whole point of this episode-is giving you the cheat sheet before the rulings hit, 21 00:01:00,570 --> 00:01:03,870 [Rush Lindell] not after when the cable news hyperventilate starts. 22 00:01:04,170 --> 00:01:04,719 [Rush Lindell] Before. 23 00:01:05,570 --> 00:01:07,820 [Reagan] That's the only way to actually follow this, 24 00:01:08,120 --> 00:01:10,070 [Reagan] if you don't know what the cases are asking- 25 00:01:09,876 --> 00:01:12,526 [Reagan] Being a headline telling you who won is almost useless. 26 00:01:13,076 --> 00:01:14,725 [Rush Lindell] You know what nobody wants to say? 27 00:01:15,176 --> 00:01:26,176 [Rush Lindell] Most people will hear the birthright citizenship ruling get handed a take by their preferred anchor and have no idea what the court actually decided on nationwide injunctions, 28 00:01:26,576 --> 00:01:26,676 [Rush Lindell] which, 29 00:01:26,826 --> 00:01:27,026 [Rush Lindell] Reagan, 30 00:01:27,176 --> 00:01:28,526 [Rush Lindell] I think you're going to argue, 31 00:01:28,725 --> 00:01:30,876 [Rush Lindell] is the sleeper issue of the whole term. 32 00:01:31,225 --> 00:01:35,826 [Reagan] It might reshape federal litigation for decades more than the citizenship question itself. 33 00:01:35,603 --> 00:01:36,153 [Reagan] in itself. 34 00:01:36,504 --> 00:01:44,103 [Rush Lindell] We've also got two Second Amendment cases that nobody's talking about-and wait until you hear the Hunter Biden connection on one of them. 35 00:01:44,403 --> 00:01:46,754 [Reagan] The media will find a way to under-report both. 36 00:01:47,203 --> 00:01:48,403 [Rush Lindell] Shocking, I know. 37 00:01:48,603 --> 00:01:49,054 [Rush Lindell] Plus, 38 00:01:49,253 --> 00:01:50,153 [Rush Lindell] election law, 39 00:01:50,403 --> 00:01:51,103 [Rush Lindell] mail ballots, 40 00:01:51,353 --> 00:01:52,603 [Rush Lindell] campaign spending limits, 41 00:01:52,853 --> 00:01:55,703 [Rush Lindell] all of it landing right in the middle of midterm season. 42 00:01:56,054 --> 00:01:58,304 [Rush Lindell] The timing alone should get your attention. 43 00:01:58,603 --> 00:02:01,003 [Reagan] We'll walk through every major case category, 44 00:02:01,304 --> 00:02:02,054 [Reagan] the legal question, 45 00:02:02,253 --> 00:02:03,403 [Reagan] what's actually at stake, 46 00:02:03,251 --> 00:02:05,301 [Reagan] and where the court is looking like it's headed. 47 00:02:05,601 --> 00:02:08,852 [Rush Lindell] Start with the biggest constitutional fight on the docket. 48 00:02:09,151 --> 00:02:11,301 [Rush Lindell] Birthright citizenship is up first. 49 00:02:16,551 --> 00:02:18,701 [Rush Lindell] Before we get into it, a quick reminder. 50 00:02:19,002 --> 00:02:20,451 [Rush Lindell] We love hearing from you. 51 00:02:20,602 --> 00:02:23,401 [Rush Lindell] If you have questions or topics you'd like us to cover, 52 00:02:23,701 --> 00:02:26,602 [Rush Lindell] head to the link in the description and submit your question. 53 00:02:26,751 --> 00:02:28,852 [Rush Lindell] We read every single one. 54 00:02:34,259 --> 00:02:35,560 [Rush Lindell] Nine justices, 55 00:02:35,810 --> 00:02:38,359 [Rush Lindell] roughly twenty opinions still sitting on the shelf, 56 00:02:38,560 --> 00:02:40,659 [Rush Lindell] and no warning on which day they land. 57 00:02:40,659 --> 00:02:41,109 [Reagan] Wow. 58 00:02:41,109 --> 00:02:42,459 [Rush Lindell] That's where we are right now. 59 00:02:42,709 --> 00:02:44,509 [Reagan] And the term ends late June, 60 00:02:44,659 --> 00:02:45,759 [Reagan] early July at latest. 61 00:02:46,060 --> 00:02:47,409 [Reagan] The clock is not their friend. 62 00:02:47,560 --> 00:02:50,759 [Rush Lindell] The clock is not anybody's friend; not the White House, 63 00:02:50,959 --> 00:02:51,609 [Rush Lindell] not Congress, 64 00:02:51,859 --> 00:02:54,609 [Rush Lindell] not anyone who thought the big fights were already over. 65 00:02:55,060 --> 00:02:56,609 [Rush Lindell] CBS News put it plainly: 66 00:02:56,859 --> 00:02:59,209 [Rush Lindell] "The court already struck down Trump's tariffs, 67 00:02:59,509 --> 00:03:02,459 [Rush Lindell] already gutted the Voting Rights Act in the Callais decision. 68 00:03:02,355 --> 00:03:02,506 [Rush Lindell] position, 69 00:03:02,855 --> 00:03:05,555 [Rush Lindell] and what's left is arguably the heavier batch. 70 00:03:05,756 --> 00:03:08,105 [Reagan] That's the part people keep underestimating. 71 00:03:08,506 --> 00:03:11,305 [Reagan] Louisiana versus Callais dropped April twenty ninth, 72 00:03:11,555 --> 00:03:15,406 [Reagan] a six-three ruling that rewrote how states can use race in redistricting. 73 00:03:15,906 --> 00:03:19,555 [Reagan] That was consequential, and the court still has Birthright citizenship, 74 00:03:20,055 --> 00:03:21,055 [Reagan] Campaign finance, 75 00:03:21,256 --> 00:03:22,355 [Reagan] Transgender athletes, 76 00:03:22,756 --> 00:03:23,355 [Reagan] Second Amendment, 77 00:03:23,705 --> 00:03:24,205 [Reagan] all of it. 78 00:03:24,205 --> 00:03:26,055 [Rush Lindell] Still on the shelf: 79 00:03:26,406 --> 00:03:27,906 [Rush Lindell] Totally normal June. 80 00:03:28,305 --> 00:03:29,305 [Reagan] Not remotely. 81 00:03:29,555 --> 00:03:31,205 [Rush Lindell] You know what nobody wants to say. 82 00:03:31,060 --> 00:03:31,259 [Rush Lindell] Say, 83 00:03:31,659 --> 00:03:36,610 [Rush Lindell] most people are going to find out these rulings happened because their phone buzzed while they were eating lunch. 84 00:03:36,960 --> 00:03:37,759 [Rush Lindell] No context, 85 00:03:38,009 --> 00:03:38,759 [Rush Lindell] no framework, 86 00:03:39,009 --> 00:03:42,310 [Rush Lindell] just a push notification and a headline that sounds insane. 87 00:03:42,710 --> 00:03:48,159 [Reagan] Which is exactly the wrong way to absorb decisions that are going to shape federal law for the next decade. 88 00:03:48,509 --> 00:03:49,860 [Rush Lindell] That's why we're here. 89 00:03:50,210 --> 00:03:52,860 [Rush Lindell] We're building the Cheat Sheet before the chaos hits, 90 00:03:53,009 --> 00:03:54,310 [Rush Lindell] so when the opinion drops, 91 00:03:54,560 --> 00:03:57,159 [Rush Lindell] you already know what's at stake and why it matters. 92 00:03:57,159 --> 00:03:57,460 [Reagan] Uh huh. 93 00:03:57,364 --> 00:03:57,414 [Speaker 3] Huh? 94 00:03:57,414 --> 00:04:05,364 [Reagan] US news flagged eight major cases still pending (eight!), and the court gives zero advance notice on which ruling comes which day. 95 00:04:05,514 --> 00:04:08,063 [Rush Lindell] Very convenient for everyone trying to prepare. 96 00:04:08,463 --> 00:04:10,114 [Reagan] Models of Transparency 97 00:04:10,414 --> 00:04:16,764 [Rush Lindell] So let's start where the temperature is highest; there is one case that rewrites what it means to be born in this country, 98 00:04:17,064 --> 00:04:21,364 [Rush Lindell] and the justices who heard it did not sound like they were buying the administration's argument. 99 00:04:21,814 --> 00:04:24,614 [Rush Lindell] What happens if they rule against the White House on that one? 100 00:04:24,692 --> 00:04:24,891 [Speaker 4] Yeah. 101 00:04:29,975 --> 00:04:32,125 [Rush Lindell] So let's talk about the main event: 102 00:04:32,575 --> 00:04:33,225 [Rush Lindell] Trump v. 103 00:04:33,525 --> 00:04:33,925 [Rush Lindell] Bruen, 104 00:04:34,175 --> 00:04:36,275 [Rush Lindell] the birthright citizenship case, 105 00:04:36,675 --> 00:04:38,325 [Rush Lindell] day one executive order. 106 00:04:38,575 --> 00:04:42,925 [Rush Lindell] I've been calling it the citizenship erasure since January 2025. 107 00:04:43,475 --> 00:04:44,275 [Rush Lindell] The idea? 108 00:04:44,475 --> 00:04:47,825 [Rush Lindell] If your parents are here illegally or on a temporary visa, 109 00:04:48,225 --> 00:04:50,875 [Rush Lindell] you don't get automatic citizenship at birth. 110 00:04:51,075 --> 00:04:55,575 [Reagan] And courts have blocked it every single time, every court that's reviewed it. 111 00:04:55,860 --> 00:04:57,910 [Rush Lindell] Every single one. 112 00:04:58,360 --> 00:05:02,310 [Rush Lindell] Then Trump did something no sitting president has ever done: 113 00:05:02,660 --> 00:05:05,560 [Rush Lindell] he showed up to watch oral arguments in April, 114 00:05:05,910 --> 00:05:07,759 [Rush Lindell] first time in American history. 115 00:05:08,210 --> 00:05:12,060 [Reagan] Which tells you everything about how confident the White House was going in. 116 00:05:12,627 --> 00:05:18,427 [Rush Lindell] And then walked out and posted on Truth Social that America is (and I'm quoting here) 117 00:05:18,577 --> 00:05:24,877 [Rush Lindell] "the only country stupid enough to allow birthright citizenship," caps-locks, STUPID, 118 00:05:25,427 --> 00:05:28,927 [Rush Lindell] after his own appointed justices grilled his Solicitor General. 119 00:05:29,478 --> 00:05:32,377 [Rush Lindell] Chief Justice Roberts literally told the administration, 120 00:05:32,728 --> 00:05:33,077 [Rush Lindell] quote, 121 00:05:33,177 --> 00:05:34,927 [Rush Lindell] it's the same Constitution. 122 00:05:35,577 --> 00:05:36,827 [Reagan] Barrett and Gorsuch, 123 00:05:36,927 --> 00:05:38,427 [Reagan] both Trump appointees, 124 00:05:38,577 --> 00:05:39,978 [Reagan] pressed the administration hard, 125 00:05:40,127 --> 00:05:40,327 [Reagan] too. 126 00:05:40,244 --> 00:05:40,394 [Reagan] two. 127 00:05:40,744 --> 00:05:43,644 [Reagan] This order is probably going to lose on the merits: 128 00:05:44,144 --> 00:05:53,844 [Reagan] the Fourteenth Amendment's Citizenship Clause has meant automatic birthright citizenship since the eighteen ninety-eight Wong Kim Ark ruling over a century of settled law. 129 00:05:54,294 --> 00:05:54,744 [Rush Lindell] Right, 130 00:05:54,894 --> 00:05:55,244 [Rush Lindell] right, 131 00:05:55,344 --> 00:05:58,044 [Rush Lindell] but here's what I think the media keeps sleeping on. 132 00:05:58,444 --> 00:06:00,094 [Reagan] The nationwide injunction question. 133 00:06:00,594 --> 00:06:01,344 [Rush Lindell] Yes, 134 00:06:01,494 --> 00:06:02,094 [Rush Lindell] tell them! 135 00:06:02,494 --> 00:06:04,744 [Reagan] The court already ruled in Trump v. Casa last June. 136 00:06:04,844 --> 00:06:05,994 [Reagan] six three that district courts can't just issue sweeping nationwide injunctions blocking federal policy for everyone, 137 00:06:05,971 --> 00:06:13,271 [Reagan] everywhere. 138 00:06:13,521 --> 00:06:13,971 [Reagan] That ruling outlasts the birthright case. 139 00:06:14,322 --> 00:06:16,971 [Reagan] Wow. 140 00:06:16,971 --> 00:06:17,471 [Rush Lindell] Wow. 141 00:06:17,471 --> 00:06:18,921 [Reagan] Future administrations, 142 00:06:19,021 --> 00:06:19,921 [Reagan] future policies, 143 00:06:20,471 --> 00:06:24,721 [Reagan] that's the precedent that actually reshapes how courts can stop executive power. 144 00:06:25,171 --> 00:06:32,471 [Rush Lindell] So Trump may lose the citizenship fight but walk away with a power he can use on the next 20 executive orders. 145 00:06:32,851 --> 00:06:36,851 [Rush Lindell] CBS News flagged this one: The term ends before July, 146 00:06:37,001 --> 00:06:38,701 [Rush Lindell] and this ruling is coming with it. 147 00:06:39,001 --> 00:06:40,801 [Reagan] And speaking of the 14th Amendment, 148 00:06:41,051 --> 00:06:42,101 [Reagan] we're not done with it. 149 00:06:42,351 --> 00:06:45,851 [Reagan] The Equal Protection Clause is about to get its own moment in the spotlight. 150 00:06:51,651 --> 00:06:54,251 [Rush Lindell] Same 14th Amendment we were just talking about, 151 00:06:54,501 --> 00:06:56,601 [Rush Lindell] now applied to a very different fight. 152 00:06:57,101 --> 00:06:59,151 [Rush Lindell] Reagan, CBS News flagged this one. 153 00:06:59,551 --> 00:07:00,001 [Rush Lindell] West Virginia. 154 00:07:00,101 --> 00:07:05,401 [Rush Lindell] Virginia versus BPJ and Little versus Hecox, two transgender athlete cases, 155 00:07:05,901 --> 00:07:08,251 [Rush Lindell] 27 states have laws like these. 156 00:07:08,651 --> 00:07:11,201 [Rush Lindell] Whatever the court says sets the national standard. 157 00:07:11,751 --> 00:07:13,651 [Reagan] Arguments were January 13th. 158 00:07:13,701 --> 00:07:19,551 [Reagan] The legal question is whether those state bans violate Title IX or the Equal Protection Clause, 159 00:07:19,751 --> 00:07:21,351 [Reagan] and after watching the arguments, 160 00:07:21,651 --> 00:07:25,901 [Reagan] court observers broadly expected the conservative majority to uphold the bans. 161 00:07:26,073 --> 00:07:29,273 [Rush Lindell] Which means cable news is about to lose its mind. 162 00:07:29,673 --> 00:07:33,123 [Rush Lindell] I'm telling you right now, the second this ruling drops, 163 00:07:33,373 --> 00:07:35,373 [Rush Lindell] every chyron in America reads, 164 00:07:35,673 --> 00:07:37,773 [Rush Lindell] Supreme Court Attacks Trans Kids. 165 00:07:37,923 --> 00:07:40,323 [Rush Lindell] But what does the ruling actually say? 166 00:07:40,723 --> 00:07:41,973 [Reagan] That's the key distinction. 167 00:07:42,523 --> 00:07:49,473 [Reagan] Upholding a state ban on transgender athletes in school sports is not a sweeping ruling on trans rights broadly. 168 00:07:49,723 --> 00:07:52,073 [Reagan] The court is deciding a narrow question. 169 00:07:52,409 --> 00:07:58,809 [Reagan] Can states draw a biological sex line for athletic competition under Title IX and the Fourteenth Amendment? 170 00:07:59,359 --> 00:08:02,059 [Rush Lindell] You will not see that nuance on prime time. 171 00:08:02,609 --> 00:08:05,359 [Reagan] No; but here's something worth flagging: 172 00:08:05,559 --> 00:08:07,259 [Reagan] the Idaho case has a wrinkle: 173 00:08:07,659 --> 00:08:08,809 [Reagan] the original plaintiff, 174 00:08:08,909 --> 00:08:09,709 [Reagan] Lindsey Hecox, 175 00:08:09,959 --> 00:08:11,909 [Reagan] voluntarily dropped her claims. 176 00:08:12,259 --> 00:08:14,009 [Reagan] That raises a mootness question. 177 00:08:14,509 --> 00:08:15,009 [Rush Lindell] Wait, 178 00:08:15,159 --> 00:08:18,109 [Rush Lindell] so Idaho might not even produce a substantive ruling? 179 00:08:18,457 --> 00:08:19,157 [Reagan] Possibly, 180 00:08:19,407 --> 00:08:23,807 [Reagan] which is why West Virginia v. B.P.J. (Becky Pepper-Jackson's case) 181 00:08:24,107 --> 00:08:28,707 [Reagan] is most likely the vehicle the court uses to actually write the opinion that matters. 182 00:08:29,357 --> 00:08:33,357 [Rush Lindell] Twenty-seven states waiting on one ruling-that's the weight of this thing. 183 00:08:33,757 --> 00:08:38,907 [Reagan] And whatever the court writes on the equal protection framework could reach well beyond just sports, 184 00:08:39,357 --> 00:08:42,057 [Reagan] that's what the advocates on both sides are watching for. 185 00:08:42,507 --> 00:08:44,807 [Rush Lindell] So when the coverage tells you this is simple- 186 00:08:44,665 --> 00:08:47,015 [Rush Lindell] It's not the holding is narrow, 187 00:08:47,365 --> 00:08:51,765 [Rush Lindell] the downstream implications are not. Remember that when your phone starts buzzing. 188 00:08:51,765 --> 00:08:52,115 [Reagan] Right. 189 00:08:52,115 --> 00:08:53,465 [Rush Lindell] Now, shifting gears, 190 00:08:53,965 --> 00:08:57,415 [Rush Lindell] two Second Amendment cases the media will almost certainly ignore. 191 00:08:57,665 --> 00:09:04,365 [Rush Lindell] That's a problem because the gun rights questions coming out of this term might outlast everything else we've talked about today. 192 00:09:09,753 --> 00:09:10,303 [Rush Lindell] OK, 193 00:09:10,403 --> 00:09:13,603 [Rush Lindell] so the media is going to completely sleep on these next two. 194 00:09:13,853 --> 00:09:15,053 [Rush Lindell] No culture war hook, 195 00:09:15,153 --> 00:09:16,253 [Rush Lindell] no viral moment, 196 00:09:16,703 --> 00:09:22,753 [Rush Lindell] just two Second Amendment cases that could quietly rewrite the rules for every gun owner in America. 197 00:09:23,053 --> 00:09:25,703 [Reagan] And both run straight through the Bruen framework. 198 00:09:25,953 --> 00:09:31,803 [Reagan] That 2022 decision said gun regulations need a historical analog from the founding era to survive. 199 00:09:32,203 --> 00:09:34,353 [Reagan] Lower courts have been scrambling ever since. 200 00:09:34,803 --> 00:09:36,503 [Rush Lindell] Scrambling is generous. 201 00:09:36,703 --> 00:09:37,753 [Rush Lindell] It's been chaos. 202 00:09:38,041 --> 00:09:39,491 [Rush Lindell] So case one, 203 00:09:39,741 --> 00:09:41,191 [Rush Lindell] Wolford versus Lopez. 204 00:09:41,541 --> 00:09:44,341 [Rush Lindell] Hawaii said if you've got a concealed carry permit, 205 00:09:44,691 --> 00:09:50,891 [Rush Lindell] you still need the property owner's express permission before carrying on private property open to the public. 206 00:09:51,391 --> 00:09:51,791 [Rush Lindell] Beaches, 207 00:09:51,991 --> 00:09:52,491 [Rush Lindell] restaurants, 208 00:09:52,741 --> 00:09:55,341 [Rush Lindell] gas stations, you need a permission slip. 209 00:09:55,841 --> 00:09:57,291 [Reagan] The Ninth Circuit upheld it, 210 00:09:57,491 --> 00:09:58,191 [Reagan] but the Third, 211 00:09:58,341 --> 00:09:58,641 [Reagan] Fifth, 212 00:09:58,741 --> 00:10:01,991 [Reagan] and Seventh Circuits struck down similar bans post-Bruen. 213 00:10:02,291 --> 00:10:03,791 [Reagan] That's a clean circuit split. 214 00:10:03,897 --> 00:10:05,847 [Reagan] Which is exactly why the court took it. 215 00:10:06,147 --> 00:10:14,597 [Rush Lindell] Hawaii is asking licensed gun owners to beg before entering a Starbucks and nobody can find a founding era analog for that. 216 00:10:15,047 --> 00:10:18,297 [Reagan] That's the test; if there's no historical precedent for it, 217 00:10:18,497 --> 00:10:19,047 [Reagan] Bruen says, 218 00:10:19,097 --> 00:10:19,997 [Reagan] it doesn't survive. 219 00:10:20,447 --> 00:10:27,047 [Reagan] The question the court's actually answering is whether private property open to the public functions like a sensitive place. 220 00:10:27,547 --> 00:10:32,847 [Rush Lindell] Now the second one-Hemani-federal law makes it a felony to possess a firearm if 221 00:10:32,601 --> 00:10:34,551 [Rush Lindell] if you're an unlawful drug user. 222 00:10:34,701 --> 00:10:40,301 [Rush Lindell] That statute is 18 U.S.C. 922(g)(3). Sound familiar? 223 00:10:40,651 --> 00:10:44,251 [Rush Lindell] That's the same type of law Hunter Biden was convicted under. 224 00:10:44,751 --> 00:10:45,001 [Reagan] Right. 225 00:10:45,201 --> 00:10:49,201 [Reagan] And SCOTUSblog noted the justices were skeptical at oral argument in March. 226 00:10:49,451 --> 00:10:54,551 [Reagan] The government's argument is there's a historical analog in laws disarming habitual drunkards. 227 00:10:54,751 --> 00:10:56,951 [Reagan] Hemani's lawyers say that's a stretch, 228 00:10:57,351 --> 00:10:58,651 [Reagan] a categorical ban on. 229 00:10:58,489 --> 00:10:59,589 [Reagan] And on any drug user, 230 00:10:59,739 --> 00:11:01,839 [Reagan] regardless of whether they were even intoxicated. 231 00:11:02,289 --> 00:11:03,839 [Rush Lindell] And here's what gets me: 232 00:11:04,189 --> 00:11:06,139 [Rush Lindell] if Bruen kills that statute, 233 00:11:06,489 --> 00:11:10,739 [Rush Lindell] you're talking about federal gun prohibitions unraveling across the country. 234 00:11:11,039 --> 00:11:12,639 [Rush Lindell] That's not a narrow ruling. 235 00:11:13,189 --> 00:11:16,289 [Reagan] It could be narrow or broad depending on how they write it. 236 00:11:16,689 --> 00:11:17,689 [Reagan] That's the real question: 237 00:11:18,089 --> 00:11:20,739 [Reagan] does the court rule as applied to Hemani specifically, 238 00:11:21,139 --> 00:11:23,139 [Reagan] or do they knock the whole statute down? 239 00:11:23,589 --> 00:11:24,289 [Rush Lindell] Either way, 240 00:11:24,589 --> 00:11:26,639 [Rush Lindell] nobody on cable news is talking about 241 00:11:26,639 --> 00:11:26,739 [Reagan] Uh 242 00:11:26,739 --> 00:11:26,889 [Rush Lindell] it. 243 00:11:26,889 --> 00:11:27,089 [Reagan] -huh. 244 00:11:27,089 --> 00:11:27,439 [Rush Lindell] And then... 245 00:11:27,193 --> 00:11:30,593 [Rush Lindell] And then we've got election law cases coming – mail-in ballots, 246 00:11:30,893 --> 00:11:35,993 [Rush Lindell] campaign finance – where the downstream consequences arrive before November. 247 00:11:36,293 --> 00:11:37,843 [Reagan] Those hit even faster. 248 00:11:38,143 --> 00:11:39,343 [Rush Lindell] Much faster. 249 00:11:39,543 --> 00:11:40,243 [Rush Lindell] Let's get there. 250 00:11:45,593 --> 00:11:46,143 [Rush Lindell] Now, 251 00:11:46,393 --> 00:11:48,243 [Rush Lindell] Election Law; two cases, 252 00:11:48,593 --> 00:11:53,243 [Rush Lindell] both dropping before November; I'm calling this the Double Barrel Segment: 253 00:11:53,743 --> 00:11:55,393 [Reagan] And both barrels are loaded. 254 00:11:56,043 --> 00:12:01,093 [Rush Lindell] Watson versus RNC first; fourteen states-California, 255 00:12:01,393 --> 00:12:01,893 [Rush Lindell] New York, 256 00:12:02,193 --> 00:12:02,593 [Rush Lindell] Texas, 257 00:12:02,893 --> 00:12:03,293 [Rush Lindell] Oregon, 258 00:12:03,493 --> 00:12:08,093 [Rush Lindell] among others-currently count mail ballots that arrive after election day, 259 00:12:08,343 --> 00:12:13,293 [Rush Lindell] as long as they're postmarked by election day. The RNC says federal law- 260 00:12:13,145 --> 00:12:16,195 [Rush Lindell] which defines election day as a "specific Tuesday" 261 00:12:16,595 --> 00:12:18,195 [Rush Lindell] wipes out those state rules. 262 00:12:18,895 --> 00:12:24,995 [Reagan] The CBS News flagged this one specifically as a case that could upend election procedures before November. 263 00:12:25,645 --> 00:12:30,995 [Reagan] The ruling forces those fourteen states to rewrite their ballot intake rules potentially in weeks. 264 00:12:31,545 --> 00:12:37,545 [Rush Lindell] Mississippi's law allows ballots received up to five business days after election day to be counted. 265 00:12:37,545 --> 00:12:37,995 [Reagan] Wow. 266 00:12:37,995 --> 00:12:40,595 [Rush Lindell] The RNC says that's a preemption problem. 267 00:12:40,761 --> 00:12:45,561 [Rush Lindell] And the conservative majority at oral arguments signaled their with the RNC. 268 00:12:46,161 --> 00:12:52,511 [Reagan] That's the politically immediate one; but NRSC versus FEC is the one I'd watch for structural consequences. 269 00:12:53,161 --> 00:12:54,011 [Rush Lindell] Walk me through it. 270 00:12:54,461 --> 00:13:04,661 [Reagan] The Republican Senate Committee—JD Vance was a Senate candidate when he Coplintoned—is challenging fifty year old caps on coordinated spending between political parties and their own candidates. 271 00:13:05,311 --> 00:13:05,761 [Reagan] Right now, 272 00:13:05,911 --> 00:13:08,111 [Reagan] parties can spend unlimited money independently. 273 00:13:08,089 --> 00:13:10,589 [Reagan] Instantly the moment they coordinated with a campaign, 274 00:13:10,789 --> 00:13:11,789 [Reagan] there are hard limits. 275 00:13:12,489 --> 00:13:14,189 [Rush Lindell] And if those limits fall— 276 00:13:14,539 --> 00:13:19,339 [Reagan] Parties can funnel essentially unlimited money directly into competitive Senate races, 277 00:13:19,689 --> 00:13:22,039 [Reagan] in coordination with the actual campaigns. 278 00:13:22,489 --> 00:13:25,439 [Reagan] That's a different animal than a Super PAC operating independently. 279 00:13:26,039 --> 00:13:30,189 [Rush Lindell] So the party and the candidate just work together, 280 00:13:30,539 --> 00:13:30,939 [Rush Lindell] openly, 281 00:13:31,389 --> 00:13:32,139 [Rush Lindell] with no cap. 282 00:13:32,589 --> 00:13:33,639 [Reagan] That's a fair read. 283 00:13:33,989 --> 00:13:34,289 [Reagan] Now, 284 00:13:34,389 --> 00:13:37,039 [Reagan] I'll say the First Amendment argument here is more legally- 285 00:13:36,793 --> 00:13:37,343 [Reagan] Legally solid, 286 00:13:37,493 --> 00:13:38,243 [Reagan] then critics admit, 287 00:13:38,743 --> 00:13:40,793 [Reagan] parties exist to elect candidates. 288 00:13:40,943 --> 00:13:42,343 [Reagan] There's a real speech interest, 289 00:13:42,743 --> 00:13:46,193 [Reagan] but the downstream effect on competitive Senate races is enormous, 290 00:13:46,493 --> 00:13:48,443 [Reagan] and it lands right in the middle of the cycle. 291 00:13:49,043 --> 00:13:49,843 [Rush Lindell] Two rulings, 292 00:13:50,243 --> 00:13:51,443 [Rush Lindell] votes and money, 293 00:13:51,793 --> 00:13:56,593 [Rush Lindell] both before November-the double barrel fires at the same time. 294 00:13:57,093 --> 00:13:59,493 [Reagan] And after we figure out who controls the ballot, 295 00:13:59,793 --> 00:14:00,093 [Reagan] we get the 296 00:14:00,202 --> 00:14:03,002 [Rush Lindell] the question of who controls the executive branch itself. 297 00:14:03,552 --> 00:14:05,802 [Reagan] That's actually where this gets messier: 298 00:14:06,252 --> 00:14:10,902 [Reagan] presidential power over the agencies that run the whole regulatory apparatus. 299 00:14:16,802 --> 00:14:17,702 [Reagan] Shifting gears, 300 00:14:17,952 --> 00:14:20,702 [Reagan] this one gets zero cable news minutes, 301 00:14:20,902 --> 00:14:24,052 [Reagan] and it might be the most consequential case in the bunch. 302 00:14:24,352 --> 00:14:25,502 [Speaker 3] Trump versus Slaughter. 303 00:14:26,052 --> 00:14:27,152 [Reagan] Rebecca Slaughter, 304 00:14:27,552 --> 00:14:28,852 [Reagan] FTC Commissioner, 305 00:14:29,252 --> 00:14:30,202 [Reagan] Biden appointee, 306 00:14:30,502 --> 00:14:32,102 [Reagan] term runs through 2029. 307 00:14:32,452 --> 00:14:34,602 [Reagan] Trump fires her by email, 308 00:14:34,602 --> 00:14:34,702 [Speaker 3] Wow. 309 00:14:34,702 --> 00:14:36,052 [Reagan] and I mean that literally, 310 00:14:36,352 --> 00:14:39,102 [Reagan] an email saying her continued service is, 311 00:14:39,152 --> 00:14:42,502 [Reagan] quote, inconsistent with my administration's priorities. 312 00:14:43,038 --> 00:14:45,338 [Rush Lindell] No cause stated-just vibes. 313 00:14:45,888 --> 00:14:48,688 [Reagan] Just vibes; and the statute, 314 00:14:48,938 --> 00:14:55,138 [Reagan] the nineteen fourteen law that created the FTC says you can only remove a commissioner for inefficiency, 315 00:14:55,538 --> 00:14:56,488 [Reagan] neglect of duty, 316 00:14:56,738 --> 00:14:57,638 [Reagan] or malfeasance. 317 00:14:57,988 --> 00:15:01,838 [Reagan] She didn't do any of those things; she just disagreed with the president. 318 00:15:02,238 --> 00:15:12,588 [Rush Lindell] So the real question before the court is whether Humphreys Executor-the nineteen thirty five precedent that said for cause protections are constitutional-gets overruled. 319 00:15:12,670 --> 00:15:15,320 [Rush Lindell] And that's not a slam dunk for either side. 320 00:15:15,570 --> 00:15:16,070 [Reagan] How so? 321 00:15:16,420 --> 00:15:18,420 [Rush Lindell] Ninety years of settled practice, 322 00:15:18,820 --> 00:15:20,420 [Rush Lindell] Congress has built the FTC, 323 00:15:20,670 --> 00:15:21,470 [Rush Lindell] the FEC, 324 00:15:21,670 --> 00:15:22,470 [Rush Lindell] the NLRB, 325 00:15:22,820 --> 00:15:24,920 [Rush Lindell] more than fifty independent agencies, 326 00:15:25,020 --> 00:15:27,420 [Rush Lindell] on the assumption that those protections hold. 327 00:15:27,870 --> 00:15:30,720 [Rush Lindell] The historical argument against overruling is real. 328 00:15:31,270 --> 00:15:31,770 [Rush Lindell] That said, 329 00:15:32,220 --> 00:15:39,270 [Rush Lindell] oral arguments in December had several conservative justices openly questioning whether Humphreys still fits the modern administrative state. 330 00:15:39,038 --> 00:15:39,538 [Rush Lindell] State of State. 331 00:15:39,788 --> 00:15:48,838 [Reagan] SCOTUSblog's read after arguments—the Court seems likely to side with Trump." Chief Justice Roberts signaled the precedent may no longer fit. 332 00:15:49,088 --> 00:15:50,938 [Rush Lindell] And if they do side with Trump, 333 00:15:51,288 --> 00:15:52,688 [Rush Lindell] any president—this one, 334 00:15:52,788 --> 00:15:57,838 [Rush Lindell] the next one—controls every one of those agencies directly—the FTC, 335 00:15:58,138 --> 00:15:58,838 [Rush Lindell] the FEC, 336 00:15:59,038 --> 00:15:59,488 [Rush Lindell] the Fed. 337 00:15:59,888 --> 00:16:04,938 [Reagan] That's the administrative state losing its insulation from whoever just won an election. 338 00:16:04,862 --> 00:16:15,462 [Reagan] And here's my problem with the coverage, or lack of it: Cable news won't spend four minutes on Commissioner Slaughter because she doesn't have a nickname people recognize. 339 00:16:15,812 --> 00:16:16,762 [Rush Lindell] She does now. 340 00:16:17,462 --> 00:16:18,812 [Reagan] Just vibes, 341 00:16:18,962 --> 00:16:19,262 [Reagan] Rebecca. 342 00:16:19,612 --> 00:16:21,112 [Reagan] Doesn't quite roll off the tongue. 343 00:16:21,312 --> 00:16:22,162 [Reagan] But the ruling? 344 00:16:22,412 --> 00:16:29,662 [Reagan] Massive. Every regulatory agency you've ever heard of, and 50 you haven't, hangs on this decision. 345 00:16:30,012 --> 00:16:33,362 [Rush Lindell] That's exactly the pattern across everything we've covered today. 346 00:16:33,246 --> 00:16:35,896 [Rush Lindell] Today, every single case is someone asking, 347 00:16:36,196 --> 00:16:39,196 [Rush Lindell] where does this authority actually begin and end? 348 00:16:39,596 --> 00:16:40,846 [Reagan] Birthright citizenship, 349 00:16:41,396 --> 00:16:42,046 [Reagan] gun rights, 350 00:16:42,246 --> 00:16:43,046 [Reagan] election law, 351 00:16:43,296 --> 00:16:43,796 [Reagan] and now, 352 00:16:43,846 --> 00:16:45,346 [Reagan] who runs the agencies? 353 00:16:45,596 --> 00:16:46,646 [Reagan] Different cases, 354 00:16:46,946 --> 00:16:47,646 [Reagan] same fight. 355 00:16:52,894 --> 00:16:53,644 [Reagan] So, 356 00:16:53,844 --> 00:16:55,894 [Reagan] the verdict's quick and clean. 357 00:16:56,294 --> 00:16:57,094 [Rush Lindell] Let's do it. 358 00:16:57,344 --> 00:17:00,294 [Reagan] Most likely to reshape the midterms. 359 00:17:00,694 --> 00:17:04,194 [Reagan] That's Watson and NRSC—and it's not close. 360 00:17:04,594 --> 00:17:06,644 [Reagan] Mail ballots and party cash, 361 00:17:06,994 --> 00:17:08,994 [Reagan] both landing before November. 362 00:17:09,494 --> 00:17:13,394 [Reagan] Those two cases are the ones that actually move votes and money. 363 00:17:13,894 --> 00:17:19,644 [Rush Lindell] And the justices at oral arguments in Watson signaled they're ready to overturn those late arriving ballots. 364 00:17:19,422 --> 00:17:25,072 [Rush Lindell] Ballot grace periods." SCOTUSblog noted the justices seem ready to side with the RNC on that one, 365 00:17:25,322 --> 00:17:26,072 [Rush Lindell] so watch for it. 366 00:17:26,522 --> 00:17:33,622 [Reagan] Most likely to generate wall to wall cable hysteria wildly disproportionate to the actual ruling: 367 00:17:34,072 --> 00:17:35,322 [Reagan] trans athletes. 368 00:17:35,722 --> 00:17:39,222 [Reagan] The ruling's almost certainly going to be narrow-one state, 369 00:17:39,472 --> 00:17:44,122 [Reagan] one statute-and cable news will frame it like a constitutional amendment. 370 00:17:44,772 --> 00:17:48,372 [Rush Lindell] The legal scope and the media scope of that ruling will have basically nothing 371 00:17:48,372 --> 00:17:48,872 [Speaker 5] to do with each other. 372 00:17:48,126 --> 00:17:49,476 [Rush Lindell] nothing to do with each other. 373 00:17:49,726 --> 00:17:51,026 [Reagan] They never do. 374 00:17:51,576 --> 00:17:56,526 [Rush Lindell] And the ones most likely to be ignored despite serious downstream consequences, 375 00:17:57,026 --> 00:17:58,826 [Reagan] Hemani and Wolford, 376 00:17:59,126 --> 00:18:00,526 [Reagan] the Second Amendment cases, 377 00:18:01,076 --> 00:18:02,526 [Reagan] zero cable coverage, 378 00:18:02,876 --> 00:18:10,176 [Reagan] potentially massive impact on every gun statute in the country that uses a drug user or similar categorical ban. 379 00:18:10,676 --> 00:18:12,026 [Rush Lindell] If Hemani goes broad, 380 00:18:12,176 --> 00:18:15,776 [Rush Lindell] you're looking at constitutional questions that stretch well past Hunter Biden. 381 00:18:15,742 --> 00:18:18,992 [Rush Lindell] And prosecutors across the country will be dealing with the fallout. 382 00:18:19,192 --> 00:18:21,292 [Reagan] And here's what it all adds up to. 383 00:18:21,292 --> 00:18:21,692 [Rush Lindell] Uh-huh. 384 00:18:21,692 --> 00:18:29,342 [Reagan] You just spent an hour on these cases. When the rulings drop and CBS News says they're all expected before July, 385 00:18:29,642 --> 00:18:32,542 [Reagan] you won't need cable news to tell you how to feel. 386 00:18:32,792 --> 00:18:35,592 [Reagan] You'll already know what happened and why. 387 00:18:36,092 --> 00:18:37,092 [Rush Lindell] That's the whole point. 388 00:18:37,342 --> 00:18:38,892 [Rush Lindell] Preparation beats reaction. 389 00:18:39,392 --> 00:18:41,992 [Rush Lindell] The people watching the chyron's tonight are going to be confused. 390 00:18:42,142 --> 00:18:43,292 [Rush Lindell] Just you won't be. 391 00:18:43,742 --> 00:18:46,592 [Reagan] The rulings are coming; you know what they mean. 392 00:18:46,892 --> 00:18:48,442 [Reagan] We'll see you when they land. 393 00:18:53,854 --> 00:18:57,954 [Reagan] All right—that's our full SCOTUS cheat sheet—nine justices, 394 00:18:58,154 --> 00:18:59,504 [Reagan] roughly twenty opinions, 395 00:18:59,704 --> 00:19:01,404 [Reagan] and the clock is almost out. 396 00:19:01,704 --> 00:19:04,754 [Rush Lindell] In everything we cover today—the citizenship eraser, 397 00:19:05,104 --> 00:19:07,204 [Rush Lindell] the nationwide injunction sleeper, 398 00:19:07,354 --> 00:19:12,454 [Rush Lindell] the Second Amendment cases nobody's talking about—all of it lands before the midterms. 399 00:19:12,804 --> 00:19:15,854 [Reagan] That's the whole point of today—when the opinion drops, 400 00:19:16,004 --> 00:19:17,604 [Reagan] you already know what's at stake. 401 00:19:17,854 --> 00:19:18,654 [Reagan] No scrambling, 402 00:19:18,904 --> 00:19:21,104 [Reagan] no waiting for a cable news chyron to tell 403 00:19:21,104 --> 00:19:21,554 [Speaker 5] you what's going on. 404 00:19:20,862 --> 00:19:21,912 [Reagan] ...and to tell you what to think. 405 00:19:22,112 --> 00:19:32,012 [Speaker 4] I'd flag Watson and NRSC as the ones with the most direct midterm impact-mail ballots and coordinated spending both on the table simultaneously. 406 00:19:32,612 --> 00:19:37,162 [Reagan] And the media will spend all week on the trans-athlete case-guaranteed. 407 00:19:37,412 --> 00:19:37,912 [Speaker 4] Probably. 408 00:19:38,512 --> 00:19:40,212 [Reagan] Preparation beats reaction. 409 00:19:40,462 --> 00:19:41,212 [Reagan] That's the show. 410 00:19:41,462 --> 00:19:42,962 [Speaker 4] Thank you for walking through all of it. 411 00:19:42,962 --> 00:19:44,712 [Reagan] Thank you for keeping me honest. 412 00:19:44,812 --> 00:19:46,212 [Reagan] And thank you for listening. 413 00:19:46,512 --> 00:19:46,762 [Reagan] Subscribe! 414 00:19:47,006 --> 00:19:48,306 [Reagan] Leave a five-star review, 415 00:19:48,556 --> 00:19:49,156 [Reagan] tell a friend. 416 00:19:49,406 --> 00:19:51,206 [Reagan] New episodes every weekday. 417 00:19:51,256 --> 00:19:52,156 [Reagan] We'll see you tomorrow.