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Douchebag Ben Shapiro knock-offs keep thinking they're smarter than Ketanji Brown Jackson

For today's Vapid Response Wednesday, Thomas, Lydia, and Matt review two examples from a newly-popular genre of lazy right wing op-eds: insecure white guys complaining about Supreme Court justice Ketanji Brown Jackson. What is with these losers who are so obsessed with trying to prove that one of the most qualified nominees to the high court in our lifetimes isn't fit for the job? We take dark-money sugar baby Josh Hammer up on the joke to compare his life achievements to someone who began her SCOTUS career with four times as much courtroom experience as John Roberts, Elena Kagan, Clarence Thomas, and Amy Coney Barrett combined--before moving on to trying to even understand what Federalist weirdo Shawn Fleetwood thinks he is saying.

  1. "Justice Ketanji Brown Jackson is an Insult to the Supreme Court," Josh Hammer, Newsweek (7/1/2025)

  2. "KBJ Could Learn a Few Lessons in 'Professionalism' From Justice Barrett," Shawn Fleetwood, The Federalist (8/20/2025)

  3. Ketanji Brown Jackson's career timeline from the Southern Poverty Law Center (4/7/22)

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Transcript

This transcript was generated automatically and may contain errors — the audio is the record.

0:00:11 Thomas: Hello. Welcome to Opening Arguments. We're the podcast that breaks down the law in the news. We have Rapid Response Friday, but this is Vapid Response Wednesday. I'm Thomas. That over there is Real-life attorney Matt Cameron. How are you doing, Matt?

0:00:24 Matt: Hey, everybody. We're recording this on Labor Day, so I'm just chilling, you know, having shaved in a couple days, wearing a t-shirt, having some fun here.

0:00:29 Thomas: Never mind. I am off. I was clocking out. I forgot it is a holiday. Iam out of here.

0:00:33 Matt: But we're celebrating Labor Day today with some truly lazy writing. So it's perfect.

0:00:38 Thomas: You are saying they didn't put any work into it, like in order to, in recognition of Labor Day. All right and Lydia Smith how you doing oh

0:00:42 Matt: Good for them.

0:00:45 Lydia: Hello. Doing well. Happy to be back. I had last week off, but I'm here this week.

0:00:51 Thomas: You didn't have to sit through tons of hours just countless hours of British lies oh man that was nuts yeah any updates with that yet or there's no she's not like uh pardoned or anything I feel like I would have heard about that yeah I feel like that's the deal she got I feel like that was what they figured that's my guess but uh we'll see I

0:00:56 Lydia: You guys are the real heroes. Yeah, yeah.

0:01:00 Matt: Speaking of labor. No. Still hanging out in our minimum security setup. Yeah. Give it a few months. We'll see once it blows over.

0:01:17 Thomas: Don't know what's in it for anybody. I don't know.

0:01:18 Lydia: It's gonna be her and P Diddy both getting pardon pardons at the same time I

0:01:23 Thomas: Is P. Diddy going to also say Trump wasn't at the parties or something? Like, hey, do you have anything to proffer in terms of who wasn't there? Like, there's an infinite set of people you could proffer. Like, just, yeah, you know, Superman wasn't there.

0:01:25 Lydia: Mean

0:01:37 Thomas: Yeah. Everybody. George Bush wasn't there.

0:01:37 Lydia: Yeah wow the world is his oyster he just needs to start naming people who weren't there

0:01:44 Thomas: Yeah. All Well, that was last week. What are we talking about this week?

0:01:48 Matt: Today we got a combo and an entire genre that I've come to call I'm Not Sorry, Ms. Jackson. This is an entire genre of writing about Ketanji Brown Jackson, one of our favorites of all time. And we've got a couple of white guys who think that she's really not qualified. And they should know.

0:02:04 Thomas: That's a great genre because

0:02:06 Matt: They should know it is.

0:02:07 Thomas: It's people who are racists. And so they see brown woman and think not smart enough when really the truth is the exact opposite. Like if you know someone made it as a person of color up to that level, they must be the best of the best unless they're well, sorry, if they're not conservative. Very important caveat there. Yeah. Yeah.

0:02:27 Matt: Yes as we'll see as we're seeing from the biographies of both of these men uh it really does prove that yes

0:02:32 Lydia: My god yep

0:02:32 Thomas: You could be Clarence Thomas and be one of the least qualified, but you're conservative, so it's fine. But yeah, no, she's truly going to be in the upper echelon of all intelligence possible. And then these losers are going to underestimate her. Well, I can't wait. That's fun.

0:02:38 Lydia: You're fine the

0:02:47 Matt: That's what we're looking at oh yeah I've got a good one

0:02:51 Thomas: All right. Well I guess that's what we'll get to.

0:02:57 Thomas: Are we all hearing that? I'm just just making sure. Am I dying? Oh, I see a beat. Oh,

0:02:59 Lydia: Seagulls matt how close are you to the harbor

0:03:05 Matt: Pretty close welcome to boston we have a lot of seagulls here all

0:03:07 Lydia: All right. There we go. At this

0:03:09 Thomas: As long as the ocean's not taking me away. I mean, I'm kind of rooting for it, but you know, no, it's okay.

0:03:15 Lydia: Point. Yeah.

0:03:16 Thomas: Just as long as we can all hear that.

0:03:23 Thomas: Right. Well, where do we want to start?

0:03:24 Matt: Right well we're going to start with one josh hammer uh who I'm going to tell you right up front I think his name is wasted on this man um he could could have started a perfectly good contracting company hammer and co or

0:03:33 Thomas: Well you can also be the judge in the TV show. They call him the hammer. Oh his last name is actually hammer. They don't even call him that. It just is his name.

0:03:36 Matt: I'm sure he'd like to think that he's hammering people, but he's really not.

0:03:45 Lydia: Well, he's like his initial career choice honestly would have been more aligned with it because he got his bachelor's in economics from Duke. No, he was working in antitrust research and like you could bring the hammer down on like, you know, corruption. Yeah, I don't know.

0:03:52 Thomas: Construction. Oh, sure. Sure.

0:04:02 Matt: Sure. Well, Josh Hammer is a product of the right in a very specific kind of way. And really, if we're talking about... He's going to tell us, obviously, that But Ketanji Brown Jackson is not a product of the meritocracy. But this man is absolutely demonstrably – first of all, at 36 years old, he clerked for James Ho. I'm sure Lydia's got more of a background. But before we get to the background, I just want to mention, we were talking a couple weeks ago, what happened to Newsweek? This guy happened to Newweek.

0:04:29 Matt: He's the editor-at-large and opinion editor, and he's very much responsible for a lot of its decline recently. But yeah, what do you got, Lydia? I'm not sure you got plenty on Mr. Hammer.

0:04:37 Lydia: So I mentioned he got his bachelor's in economics and then back in, you you know, the mid -2010s, he decided to go back to law school.

0:04:44 Thomas: So sorry to interrupt. Should we do three seconds of something so we can see this guy while you talk shit on him?

0:04:50 Lydia: Yeah.

0:04:50 Thomas: I would rather just be able to see a little bit of, okay, let's bring, bring down the hammer. Is it this one, right?

0:04:50 Matt: You're right. Yes. Yes. Let's bring up the hammer, Thomas. Yeah.

0:04:51 Lydia: Let's do it.

0:04:58 Thomas: Oh, I have that echo now. Oh that's for us though. Though. Never mind. Sorry.

0:05:00 Matt: This is very conservative Sky News having him on in Australia.

0:05:08 Thomas: Let's see what this guy... Everyone imagine what he looks like. There! Okay, so that's that guy. Kamala.

0:05:15 Matt: Well, let's hear him talk about it because he does have... I will note, this is within the last couple of weeks, he's talking about Kamala Harris's new book which hasn't come out yet, which I don't think he's read. And he also has some very specific opinions about Lisa Cook. So coincidentally, Katanja Brown Jackson, Lisa Cook, and Kamala Harris, all very accomplished people with nothing in common.

0:05:32 Thomas: Nothing else.

0:05:32 Lydia: With nothing in common.

0:05:34 Thomas: Well, they're on the left, I guess. That's probably what it is. You want me to hear him talk here?

0:05:36 Matt: I

0:05:45 Thomas: Rudderless. Oh god, that took me a second. Is he doing a Ben Shapiro impression?

0:05:57 Lydia: Yeah.

0:05:57 Matt: Was going to say, he's a knock -up Ben Shapiro.

0:05:58 Thomas: I thought he was... First of all, your facts don't care about your feelings.

0:06:01 Lydia: No, he is totally a knockoff Ben Shapiro. That's a perfect example of that. Yeah

0:06:04 Thomas: I didn't expect that. I'll be honest. When I was looking at him, I didn'T expect Ben Shapiro's voice to come out of his face.

0:06:09 Matt: I think he's actually to the right of Ben Shapira in Israel too, and among other things. But yeah, let's hear what he says about Kamala Harrison real quick.

0:06:17 Thomas: Tell us more about this. Oh okay, I thought we were going to do the background thing. Let's see. Why would that be who you want to sell your books to?

0:06:19 Matt: Real quick, yeah I can't I can I can uh

0:06:59 Thomas: And that's tough because they make you improv your book. That's really hard. What do you think books are made out of it's almost like it's a like a bunch of cue cards that you open up and you could read them that's

0:07:10 Lydia: The words are there

0:07:12 Matt: I just want to point out right now uh that this book has comes out I think next month and it is number one in political leader biographies number two in black and African-American biographies and number two and books overall on amazon right now so who's buying the book I don't know a lot of people uh

0:07:25 Thomas: In contrast I see that uh josh hammers bought every copy of his own book right there that's all of them it's

0:07:25 Lydia: A lot of people

0:07:30 Matt: Which is he has written one book it's about israel I didn't read it, obviously.

0:07:35 Thomas: Right there matt see all the hundred books in the background it's 40 copies oh

0:07:41 Matt: That's such a good catch. That was funny. Yeah, and

0:07:44 Thomas: Good times well tell us more about this dork I

0:07:46 Lydia: So he uh ended up going to law school and finished that up in 2016 and as matt said he He clerked for Judge James Ho out in the Fifth Circuit. He served as of counsel, or I think he still serves as of council, for First Liberty Institute, which is one of the members of the advisory board for Project 2025. All these people are connected. We say this all the time. They're also the group that represented Joe Kennedy and Kennedy versus Bremerton.

0:08:14 Lydia: So yes, that was exactly what I was going to say next. Next, Kaczmarek worked there as deputy general counsel, and James Ho was a volunteer attorney. So he just did it in his free time, helping them doing that stuff. Yeah, he served as an editor at the Daily Wire and was a contributor to The Blaze before he stepped into Newsweek and overseeing the opinion section there. And the Southern Poverty Law Center actually opined recently that the opinion section at Newsweek under Hammer's tenure had, quote, emerged as a hub for opinion pieces authored by radical right activists. They've been elevating conspiracy theorists. Dinesh D'Souza often has

0:08:14 Matt: Also worth mentioning that Ho and Matthew Kaczmarek were both also counsel for this group. Oh, sure, yeah. Right. Yep, small crowd, like you said.

0:09:01 Thomas: Thought you were gonna

0:09:01 Lydia: Op -eds there.

0:09:01 Thomas: Say southern Southern Poverty Law Center was like, I don't know, fucking, it's everyone now. It's just everybody's bad. That's why we do this anymore. We used to like rate different people, but yeah, SPLC, it's all, it's s all white supremacists.

0:09:12 Lydia: It's everybody.

0:09:13 Thomas: It's the whole thing.

0:09:13 Lydia: It's everybody.

0:09:13 Thomas: We lose.

0:09:14 Lydia: Yeah. He attended the annual gala for the New York Young Republican Club in December 2022, with people like Steve Bannon and Marjorie Taylor Greene. And he, if you go to his Instagram, he has a lot of clips from his podcast, The Josh Hammer Show. I don't recommend it. I watched a little bit and I was like, Oh, God, turn this off right away. And she's also served serves as senior counsel at the Article Three Project. The Article III Project, for folks who don't know, is a 501c4. And so they are focused on getting right-wing judges into judicial appointments. Like that is their main priority there.

0:09:57 Thomas: Oh, there's no room left because of, it's just right wing judges now.

0:10:02 Matt: Founded by Scalia clerk Mike Davis, who's active in a lot of this stuff, worth noting, part of that whole network.

0:10:07 Lydia: And he clerked for Gorsuch too, I think, right?

0:10:09 Matt: Yes. Yeah, no, you're right. I think it was Gretchen Escalia.

0:10:12 Lydia: Okay. Yeah, yeah. And And so the Article 3 Project notably opposed the nomination of Judge Ketanji Brown -Jackson. And, you know, so we'll be talking about this a lot. And they actually published the Jackson Docs, is what they called them, on their website, which made the claim that KBJ has a well -documented 25 -year history of extreme leniency for sex predators of kids.

0:10:35 Thomas: Yeah. That was, that was all they had was trying to do this stupid lie.

0:10:35 Matt: I just want

0:10:39 Lydia: Yes. So that's Josh Hammer. That's who we're going to be talking About today, who wrote this piece we're gonna break down.

0:10:46 Matt: To mention too that he is very much a product of Dark Money, the Article 3 and the Internet Accountability Project he's also affiliated with, and the religious one you just mentioned. Those are all funded by who knows what. Well, we do know, but he was a Claremont fellow.

0:11:00 Thomas: It, it is crazy. Like we, in everything we do, it's the same four people and you just wonder like Like, how do they astroturf being so much more than that? And the money is the answer, I think. It's like them and then money formed into a person, just like a bunch of that.

0:11:11 Matt: Spread it around. Yes. Yeah. Well, and it's all through the Claremont Institute. He was a Claremont fellow, very still associated with Claremont. He called himself a Claremont guy. Also, he's part of the Edmund Berkins. I mean, again, he would not have a livelihood if it were not for dark money. This is who these people are. He doesn't independently have any kind of legal career.

0:11:19 Lydia: Side note he also strongly believes that jews should only marry jews because you should be wanting to create more jews and you can only do that by jews marrying jews and he

0:11:42 Thomas: I thought it was only the mom or whatever. I thought the message should be the women marry outside by

0:11:46 Lydia: He is just all about he he went on um coleman hughes show with the free press to talk about his position that jew should just be marrying jew's and uh and so then that got got me curious. He is married to a Jewish woman. He proposed to her at the wall in Jerusalem. And so I don't know. That was kind of interesting. I found their registry. They're already married, but their registry is still up. So I don'T know. I think they're still waiting for something. So if anyone wants to buy them stuff from their registry, I can send the link.

0:12:14 Thomas: KBJ's

0:12:15 Matt: And I should mention, per statutory requirements for vapid response, We have to bring in a Dershowitz moment here. He also did debate Alan Dershowitz on the subject of that judicial reform bill in Israel. He was very much for that judicial form bill. He wrote a few things. And you might remember that one is way too much for Dershowitz and for Israel. They didn't end up passing it and it's been full, but they're trying to keep

0:12:16 Thomas: Book. Oh, no, I guess I'll buy him Kamala's book, oh, was that the one that was just a power grab by Netanyahu or something? Yeah, okay, wow. Wow, imagine being on the other side of Dershowitz, like, oof,

0:12:42 Lydia: That's so crazy.

0:12:37 Matt: Them from reviewing anything he did. Yeah. So that's just some fun there. Now that we've established his amazing, incredible intellectual credentials. Let's get going on. Justice Katonji Brown Jackson is an insult to the US Supreme Court, published July 1st, 2025. I flagged this as part of the genre, and then Lydia caught another piece in a similar genre, we had to do both of these. So we got this one up.

0:13:03 Thomas: Okay, oh, there it is, yep, here, let me pull it up here, just make sure, see if I can get the sizing right here, this one, yeah, okay.

0:13:08 Matt: This was originally published in something else, National Review, right?

0:13:23 Thomas: Sorry, July 1st, 2025? Oh, I thought this was going to be, like before she, why, no, no. I thought it was going be before she was, I though we were going back to, like before she was confirmed.

0:13:26 Matt: The next one is more current. Oh, no.

0:13:35 Thomas: What is the relevance of this?

0:13:35 Lydia: This is an everyday thing for them. Yeah,

0:13:35 Matt: This is looking... Yeah.

0:13:37 Thomas: They've already won. This is how fucking racist these people are. What does it matter? It was, she's one of the three sane people on the court who have no power. What, why are you attacking people? It's, it's almost like there's something motivating it, you know?

0:13:52 Lydia: All right, are we ready?

0:13:53 Matt: Let's do it.

0:13:53 Thomas: Okay.

0:13:54 Lydia: Okay. In January 2022, one year after Joe Biden assumed the White House, Justice Stephen Breyer of the U.S. Supreme Court announced his impending retirement. Biden, who had selected the intellectually challenged Kamala Harris as his running mate two years prior, in large part on diversity grounds, sprang into action to fulfill campaign promise to Black political kingmaker Representative Jim Clyburn that he would select a Black woman for his first Supreme Court pick.

0:14:22 Matt: So yeah, let's break that down for just a second. First of all, I want to mention that he mentions Stephen Breyer, who of course she was replacing. She clerked for Breyer. He doesn't mention that. That's one of her many, many qualifications. One of the most qualified people to sit on the Supreme Court nominated in her lifetime, so we'll talk about why. So I just think it's notable he doesn't didn't even mention that she clerked for him. Obviously, we don't have to really talk about intellectually challenged Kamala Harris. I think that speaks for itself. I mean, just straight up front, just in case you didn't know what this is about. And then diversity grounds, I just want to point out that they've always picked vice presidents on diversity grounds even when it was just two white guys.

0:14:45 Lydia: Unbelievable.

0:14:57 Matt: That's normal.

0:14:57 Lydia: Oh, Sarah Palin. Sarah Palin was picked for diversity.

0:14:59 Thomas: Well, and it'll be Yeah. And

0:15:02 Matt: But it's usually to maximize the market.

0:15:04 Thomas: That was Joe Biden's awkwardness too, especially with, you know, announcing, didn't he announce that he was going to pick a black woman for the Supreme court? It's like, he should have just done that without being like, I'm going to do that. You know, I don't know. Who knows?

0:15:17 Matt: But I mean it's worth worth mentioning that promise to Jim Clyburn, I think was a very good idea. And, you know, because he's making the point that, and Clyburn kind of put it in for him and it really helped him win South Carolina. But Clyburn I just got the quote here. He's telling, he told Bloomberg, I think it'd be less than a good dad if I did not say to the president to be, this is an issue that simmering in the African American community, that black women think they have as much right to sit on Supreme court as any other women. And up to that point, none had been considered. And I think that's, yeah, yeah. No, no serious picks. Right. So, you Know, I don't, I, I Don't think that was a huge...

0:15:43 Thomas: None had been even considered. Wow. Yeah. For this guy, one is too many though. Apparently it's amazing like it's this systemic racism goes such that you know black people are locked out of all these opportunities and then the minute there's like okay maybe we should make sure like a black woman gets considered racism reverse racism you know it's it's there's no way to win there's No Way to do anything in a way that these racists would be happy with so so fuck them.

0:16:11 Matt: Not remembering right now the other person who was in contention for this, but she was also extremely qualified, obviously.

0:16:23 Thomas: Yeah. As opposed to Amy Coney Barrett, who, um, had taught or something. She was, I mean, she's one of the least qualified ever, right? I could be wrong about that. I think she had the least, the, some of the leased time on the federal.

0:16:31 Matt: And youngest, yeah. Oh, yeah, we'll talk Yeah, we'll talk comparisons.

0:16:39 Lydia: Serving on the bench, yeah all

0:16:40 Matt: Yeah, yeah. All right, let's keep going.

0:16:42 Lydia: And so the biden white house foisted upon us kentonji brown jackson a hitherto obscure jurist nominated because of her sex and race

0:16:52 Thomas: Normally they pick those famous, uh, Supreme Court justices like, uh you know, celebrity, uh Neil Gorsuch or household name fucking the other rapist, the guy, Brett Kavanaugh, you know?

0:16:57 Matt: We

0:17:00 Lydia: Brett kavanaugh yeah yeah

0:17:04 Matt: Dig up learned hand and prop them up.

0:17:07 Thomas: Yeah. People we see on TV every day. Like, what are you talking about?

0:17:11 Lydia: Yeah.

0:17:12 Thomas: Obscure jurist?

0:17:11 Matt: I want to address the point about obscure. So

0:17:13 Thomas: Is there not an obscure jurist, what jurist is not obscure is what I want to know.

0:17:14 Matt: First of all, she, well, depends how much you read Jurist Magazine. But no, I want to point out that she had more trial court experience in terms of both appearing in trial court and being a trial judge, then Thomas, Roberts, Kagan, and Barrett combined at the point at which she was nominated. Let alone that she was a trial Judge for eight years in DC, which of course is one of the premier DC district courts, federal district courts. And then Biden put her on the DC appeals court for a year, which is obviously usually one of the places you go before you go to the Supreme Court. And of course, John Roberts, RBG, Clarence Thomas, and Kavanaugh all sat on that court at some point. So I guess they're all obscure jurists too uh yeah all right curious

0:17:57 Thomas: That's so weird.

0:18:00 Lydia: Nominated because of her sex and race, but who ironically refused to provide a definition of the word woman when asked about it at her U.S. Senate Judiciary Committee confirmation hearing. Curious that.

0:18:08 Thomas: It's not ironic.

0:18:12 Matt: Well let's let's see that moment where she was asked to define woman we happen to have it

0:18:12 Thomas: Curious that. Why is that? Why is dat curious dat?

0:18:17 Lydia: Curious that I don't like how you write hammer like god

0:18:21 Thomas: Why? What does dat mean? Huh. Ironically, even though she is a woman, she didn't provide a definition when asked about it. Curious dat. Are you saying she's not a woman? I don't understand what he thinks that that joke is. Like, curious dat.

0:18:23 Lydia: Yeah

0:18:23 Matt: Yeah she can't define it yeah

0:18:36 Thomas: What would that be? That's

0:18:32 Lydia: So strange right

0:18:35 Matt: No he does it at the end too about the woman thing and it means yeah let's watch that moment though just to be very clear about what what marcia blackburn was actually trying to do here because I don't think it worked

0:18:38 Thomas: Nothing.

0:18:45 Lydia: Man

0:18:45 Thomas: Oh, right. Yeah. Oh, okay. Guy. Yeah, I love this. Good times.

0:18:52 Thomas: I've heard this a bunch of times and I'm mad every time.

0:19:09 Matt: That's why it's so incredibly

0:19:43 Thomas: What are you talking about?

0:19:44 Matt: Sure. Yeah. I mean, we might as well just ask her to define the word squirrel. I don't know. I mean how would a biologist define a squirrel? I'm not a squirrel expert.

0:19:46 Thomas: These idiots.

0:19:49 Lydia: It's like get josh hammer off the screen I can't look at him anymore yeah

0:19:54 Matt: Thank you.

0:19:54 Thomas: That guy. This article is not much better to look at.

0:19:58 Lydia: That's true oh

0:20:00 Matt: It's another thing I meant to point out is Ketanji Brown -Jackson is just so much better writer than either of these guys that we're looking at today. She's such a good writer.

0:20:06 Thomas: Curious that.

0:20:05 Lydia: I know curious that alas it has only been downhill from that rockiest of rocky starts where

0:20:13 Thomas: Wait, I got off. Why did

0:20:13 Matt: That was a rocky start that she couldn't provide a biological... I mean come on. Rockiest of rocky starts. There we go.

0:20:18 Thomas: I? I don't know. I

0:20:18 Lydia: Did you go it's right there stop stop stop come down come down there it is

0:20:20 Thomas: Zoomed in. Oh, it's because it realigned. I was looking for the curious that. That. I couldn't find it. Okay. Sorry. I was trying to zoom in for folks, but it's too much. Okay.

0:20:28 Matt: The funniest part's coming up.

0:20:28 Lydia: I I I pondered at the time of jackson's nomination how would justice who knows she was selected on the basis of identity politics could be expected to fairly adjudicate cases that involve issues of race and sex.

0:20:42 Matt: Hey, you know what would be really funny is if you mentioned Clarence Thomas in the next sentence. That would be very funny. After talking about somebody who was picked only for racist sex and identity politics. He wouldn't do that, right?

0:20:47 Thomas: Okay, my that would be really funny.

0:20:53 Matt: I don't know.

0:20:52 Lydia: My concern proved prescient. Barely a year after her nomination, Justice Clarence Thomas, the court's longest serving member, who also happens to be Black, excoriated Jackson's myopia and his concurring opinion in Students for Fair Admissions v. Harvard, which ended the systemic racism of affirmative action in university admissions. Quote, Justice Jackson's race -infused worldview falls flat at each step. Individuals are the sum of their unique experiences, challenges, and accomplishments. What matters is not the barriers they face, but how they choose to confront them. And their race is not to blame for everything, good or bad, that happens in their lives. A contrary myopic worldview based on individual skin color to the total exclusion of their personal choices is nothing short of racial determinism.

0:21:02 Thomas: Happens to be. Yeah.

0:21:42 Matt: So much going on here.

0:21:43 Thomas: So that's, that's Clarence Thomas responding to Justin Jackson. So from that, I can assume that Justice Jackson's opinion was racist to blame for everything that happens to black people and their personal choices don't matter. And I'm just trying to get, you know, know like usually from his counter argument I ought to be able to reconstruct what her argument was how close am I all that matters is systemic racism yeah it's pretty close yeah well

0:22:07 Matt: You're doing it from memory. Yeah. No, very good. Yeah but I just want to point out the tremendous irony, I mean, since this man doesn't know what irony or curious mean, I guess, but the fact that, again, Cornelius Thomas, we all understand, was picked because he was pretty much the only black conservative who was in any way qualified, but he was not qualified to sit on the Supreme Court at the time that he was picked. Certainly not compared to her. He had run the Equal Opportunity Commission. He'd been an assistant attorney general in Missouri for a year or two. Again, he's got his own kind of intellect, but that's

0:22:34 Thomas: He he did have an experience in sexual harassment which turned out to be like pretty normal qualification for the job so yeah sorry

0:22:42 Matt: Yeah, I I mean, but he was picked on the basis of his race and sex and for identity politics purposes because he was replacing Thurgood Marshall. And, you know, Bush knew he had to replace him with somebody that was also black and they had to find a black conservative. And, again, there's nothing wrong with looking for black men on the Supreme Court, but that's who they got because there aren't that many black conservatives who are willing to do it. Also, I just want to point out Brett Kavanaugh was certainly also picked because of his racing sex as Neil Gorsuch. Trump wanted white guys. I mean it's not really – it's kind of how it works.

0:23:13 Matt: Yes, young white guys, to curse us all forever. All right.

0:23:08 Lydia: Part of her SFFA dissent, notably, Jackson also made a, quote, mathematically absurd claim about Black infant mortality. Any decent law clerk or any decent judge would have caught on before publication. By missing the obvious, Jackson demonstrated precisely the sort of brazen nitwittery that should have cautioned political leaders away from allowing the search for one of the nine most important lawyers to be determined by identity politics.

0:23:45 Thomas: What's the error are you gonna tell us what that is no is he gonna tell Ellis? Yeah.

0:23:49 Lydia: Yes. Well, I mean, oh, we are.

0:23:52 Thomas: And she made a very elementary mistake. Not going to tell you what it was, but trust me, it was bad.

0:23:52 Matt: He won't. Yeah. So this is the kind of mistake I would definitely make. I will say that first. It's also part of a mistake that was made, as Lydia has found out, in an amicus brief that was filed by the Association of American Medical Colleges. What was the actual mistake, Lydia?

0:24:10 Thomas: So yeah, that can't be right.

0:24:38 Lydia: Inverted mortality and survival rates. So what's really happening is if you have a Black physician, your mortality rate is halved for Black newborns. And someone associated with the law firm that prepared this brief on behalf of AMCA inverted them and treated them as statistically equivalent, I guess, which is not accurate. But that doesn't rest, in my opinion, on Jackson.

0:24:47 Thomas: That's what I said. Yeah.

0:25:05 Lydia: Jackson, she did.

0:25:01 Thomas: Did she quote it in her thing, I guess?

0:25:08 Lydia: But it was like on page 23 of this whole dissent. Maybe her law clerks should have caught something like that. But It obviously blew up. The law firm that helped prepare this amicus brief ended up writing a letter and submitting it to the Supreme Court addressing it and saying, you know, that this is actually what it means. The point still stands. You know, know it's just yeah

0:25:32 Thomas: If I can find a pedantic mistake that someone made, then the point doesn't stand. Actually, then we don't have to care at all about the fact that but black people have higher infant mortality. Don't have to care.

0:25:36 Matt: That's fine.

0:25:41 Lydia: But but ultimately what they say is in absolute terms this study found that patient physician racial concordance led to a reduction in health inequity that's the point

0:25:51 Thomas: I think we have an expert among us on the fact that lawyers are not mathematicians. Matt, talk to us about the fact that lawyers aren't mathematicians, are not statisticians.

0:25:59 Matt: And yeah, I have this letter in front of me that Lydia's looking at, and I'm wincing because I can totally see myself picking up some kind of scientific study. We can't all be Jenessa Seymour with actual background in statistics, but exactly.

0:26:11 Thomas: Well, and she, yeah, and it is important that it wasn't even her making the mistake. Yes, she, maybe she should have caught it, but like the amicus, those people didn't catch it. They made the mistake, it's in the, you know, whatever.

0:26:21 Matt: And they filed a letter on July 7th, sometime after the decision came out, and they said, our mistake, sorry about that. And then they actually cited her dissent and said that basically, the study strongly supports the statement of Justice Jackson's dissent that diversity of UNC pursues for the betterment of its students and society saves lives. She was making a point that we agree with.

0:26:39 Thomas: Don't have to hear it because there's a I can find an error. That's all this is. You try to find little nitpicky crap to disqualify people of color so you don't have to listen to the fact that there's racism.

0:26:41 Matt: So that's fine. Yeah. And yeah, of

0:26:50 Lydia: I found uh this article about this whole kerfuffle I guess and And it says, you know, tucked into page 23 of that dissent was a dramatic statistic that received much press praise but has since attracted criticism from the legal community. And so I hover over criticism, which is hyperlinked, and it's going to Jonathan Turley's website. So, you now, conservative legal commentator Jonathan Turly, the only person you can, like, talk to.

0:27:09 Matt: Course. Yeah, yeah. And this is, sure,

0:27:14 Thomas: Well, we know the conservatives never make any mistakes in their in their legal opinions, right?

0:27:15 Matt: Or bad faith, citation of statistics certainly doesn't happen. Yeah I'm sure that was perfectly good faith just repeating what's in a brief that she thought was reliable. But you know that says something that this is like out of the what three, four years now that she's been on the court, this is the worst you can do, is finding a footnote that you don't like. Nothing is footnotes. Yeah, that's the

0:27:34 Thomas: So stupid. Which is worse, everybody? Citing and kind of referencing something in an amicus brief that was making a point that was true true but inverted some statistical language in a way that doesn't work you know because lawyers didn't don't know stats or pure lying about a case in which a coach was making people pray making students pray in the in the 50 yard line with giant groups just lying about that to the point where the other justices had to put pictures in the fucking dissent to say hey assholes you're just lying which is worse which is more consequential

0:28:02 Lydia: How to put pictures. Your colleague.

0:28:10 Matt: Actual facts of the case. So now we're going to get the fusillade from the other thing that both of these pieces are going to talk about.

0:28:11 Lydia: Truly. Back to the article.

0:28:22 Thomas: I thought you said fuselage like the like the plane thing fuselade oh I was really confused for a second I was going into lost you know the tv show I was like gotta find the fusillade, sorry

0:28:25 Matt: Fusillade, yeah.

0:28:27 Lydia: I thought you said the same. I just was going with it. I was like, I don't know, Matt. Matt's a smart guy. I'm sure there's a reason. Yet as satisfying as Thomas's defenestration of Jackson and his SFFA concurrence was, Friday's fusillade from Justice Amy Coney Barrett and her majority opinion in Trump v. a case addressing the contentious debate over the legitimacy of so -called nationwide injunctions was, if anything, even more fulfilling.

0:28:58 Thomas: So -called nationwide injunction why are they so -call they're just nationwide injunctions am I this is the thing that like the these these these white assholes do that they try to sound super smart by doing doing things like Fusillade and fucking defenestration.

0:29:03 Lydia: Yeah, I don't know. Yeah. Yes. Yeah?

0:29:04 Matt: But there's defenestration, Yeah.

0:29:13 Thomas: I mean, hey, maybe I'm wrong. Why is it a so -called nationwide injunction, Matt? Isn't it just a nationwide injunction?

0:29:17 Matt: It's more about universal injunctions versus nationwide injunptions. I know that might sound about like which plaintiffs...

0:29:24 Thomas: Well, but that's not what he's saying.

0:29:25 Matt: No, it's not. Yeah.

0:29:26 Thomas: If he's addressing the contentious debate over the legitimacy of so -call nationwide injunciations, yeah, they're just nationwide injuctions. Like, this is just adding words to seem smart. You know, I hate that about when people try to signal that they're smarter by putting in a bunch of syllables that, you know, distract people.

0:29:32 Matt: Even after Trump v. Casa, there are still nationwide injunction. They can still exist. So yeah, right. Yes. Yeah yeah. You've already used defenestration and fusillade in the same sentence. Go home, come on.

0:29:49 Thomas: We're in one. We're still You could drop the so -called because they're just nationwide injunctions. Anyway, OK.

0:29:54 Matt: Apparently,

0:29:49 Lydia: One paragraph! One paragraph. Oh, one sentence, yeah. Barrett took a mighty acerbic sledgehammer to jackson's pay -in to unvarnished judicial supremacy okay I don't know pay paying all

0:30:04 Thomas: What?

0:30:06 Matt: He's not familiar with the idea that justices often talk about the dissent in the majority opinion and say why it's wrong. This is new to him, I guess. I don't know.

0:30:15 Lydia: We're gonna get some some quotes from this from barrett's piece we will not dwell on justice jackson'S argument which is at odds with more than two centuries worth of precedent not to mention the constitution itself barrett wrote we observe only this justice jackson decries an imperial executive while embracing an imperial judiciary. What's more, Jackson chooses, quote, chooses a starting line of attack that is tethered neither to historical sources nor frankly to any doctrine whatsoever. End quote. Among its many problems, Justice Jackson's view is at odds with our system of divided judicial authority. Perhaps most bitingly, Barrett mocked Jackson's glossing over of the all-important inquiries to the historical, quote, limits on judicial authority, as mere, quote, legalese. Jackson's, oh, ignom... God, I'm going to... I'm not going to be able to say that word, guys.

0:31:06 Thomas: Ignominious. Jackson's own ignominious word choice. Ignominous word choice? Does that make sense? It's kind of a weird. It's like it's all these things where it's like, yeah, you're trying to use smart people words to confuse everyone. But like sometimes I don't think they're quite right. Like I don't t. Ignominius.

0:31:23 Matt: I don t think that quite works.

0:31:25 Thomas: Yeah it's like okay I guess it's like a seven year old with a dictionary you're like yeah I guess if you look up the dictionary definition like it could fit but I don't think people usually say a word choice is ignominious it just doesn't

0:31:36 Lydia: It's like when you pull up the thesaurus and like you go to one of the words that's like kind of related, but like a little further away from the actual word that you're trying to say.

0:31:44 Matt: I want

0:31:45 Thomas: This person for sure just writes with a thesaurus and a dictionary open trying to find all the big ways to sound smart because he has nothing else to offer no go ahead so

0:31:53 Matt: To point out what they're responding to. We read this on OA because I liked this so much in her dissent. So remember, Remember, in Trump v. Casa, just to remind everybody very quickly, this was allegedly the birthright citizenship case, but it was really about how far individual judges can go in stopping an executive's action, especially something like this with the 14th Amendment, where Trump was just clearly issuing an executive order that was in direct contravention of the 14TH Amendment. No question, right? In the same way that if he tried to say that somehow we can start enslaving people or women can't vote anymore, to me, it was that level of stupid, stupid. So remember that there was a long debate in Trump v. Casa, which Josh Hammer thinks that I guess Justice Jackson should have given some kind of tolerance to or wasted time on. And he's very happy, it says later, that Sotomayor did talk about it. But let me just read the thing. This dissent really made them mad because both this piece and the next piece are going to really be focusing on it. So let's just hit this one paragraph. To hear the majority tell it, this suit raises a mind-numbingly technical query. And that's what he's really mad, that he thinks that this shouldn't be called mind-numbingly technical, because I think it's important. Are

0:32:15 Thomas: Ridiculous yeah

0:32:55 Matt: Universal injunctions sufficiently analogous to the relief issued by the High Court of Chancery in England at the time of the adoption of the Constitution and the enactment of the original Judiciary Act? I would say that is mind-numbingly tactical, because who cares what you could do to the king in 1789, right? I mean, it's just not, it is the king.

0:33:11 Matt: But that legalese, there's that ignominious word, that legalese is a smokescreen. She is completely correct. It obscures a far more basic question of enormous legal and practical significance. And here is what makes them very angry: when she asked this question, may a federal court in the United States of America order the executive to follow the law? That's what he's mad about, that she has the temerity to ask that question instead of engaging with the originalism of it all. So

0:33:05 Thomas: So fucking stupid stupid ignominious word choice yeah

0:33:37 Lydia: Man.

0:33:37 Matt: Just just so we know.

0:33:38 Thomas: It's also not strictly and I I love because this asshole is doing this to justice jackson so I feel like I I'm allowing my pedant out my inner like I'm like uh what's the what's a superhero that our son likes uh the spider man is this yeah no the one that the guy the the venom you know it's vanity where he lets the I'm I'm letting no yeah venom's not a super yes venom's a super uh there's a I'm letting my my venom pedant out you know like I just you know it's uh I don't think she glossed

0:33:52 Matt: Pedant man.

0:33:53 Lydia: Spider-Man? Just Spider-Man? Oh, then, um, that's not a superhero, so that's why I was confused. Eh. Can you do the Tom Hardy voice?

0:34:12 Thomas: Over it as legalese as mere legalese she said that legalese was a smoke screen which is kind of a different thing it's saying it's not glossing over like ah whatever it's it's like no you're doing it's more it's actually a bet it's more critical it's you're using legalese the thing you're doing is bullshit in service of something else so just just just yeah exactly oh yeah it is like that a whole bunch of words yeah

0:34:33 Lydia: Like Josh Hammer's writing yeah that

0:34:38 Matt: And this is a really... But both Jackson and Sotomayor had outstanding dissents in Trump v. Casa. But this is the one where she's talking about sort of how we're going to end up creating different zones of law, which if you don't allow universal injunctions, you're going to have a place where you could have a baby born in another place, completely different legal status, so this is a problem. She actually cites Ernst Frankl, as we talked about, the dual state. She's going hard on this, and this is a very important dissent, and they really want to write it off as much as they possibly can, because I think they know that.

0:35:07 Thomas: It's, that case seemed to me to be, okay, if you look at what the end result of this is, it's fucking absurd. Like you say it's a baby born in one state is maybe not a citizen in another state. Like, that you look at that and you're like, well, that can't fucking be right. And then, but, but then Amy Coney Barrett and all these, oh, well, if you look at the Supreme Chancery of the blah, blah, and you're so dumb for not thinking of it, it's like, no, I don't care what that is. It's not right. There's no way this is the right outcome.

0:35:21 Lydia: Can't be the way it works yeah yeah

0:35:35 Thomas: It just strikes me as you can dig through history to find some originalist bullshit explanation for your stupid thing. But like, just look at the reality of what that's going to create. There is no way that's how it should work. It just isn't.

0:35:34 Lydia: Yeah right

0:35:49 Matt: Exactly. And honestly, Amy Coney Barrett does have an impressive academic pedigree, but she has very little personal experience with the law, and it really comes through with somebody, just like you're saying, with Catandre Brown Jackson, action. He's like, what is this actually going to do? Can we talk about that maybe? Those are the best kinds of judges. But what would I know? I just practice law. Let's see what else we got.

0:36:11 Lydia: In A word brutal. Notably, all six of the court's Republican-nominated justices, including the ever mercurial Chief Justice John Roberts, signed on to Barrett's opinion in full. Call it a pile-on. Why is that notable

0:36:24 Matt: I won't. It's a 6 -3. It is a 6 .3.

0:36:25 Thomas: Such an idiot.

0:36:27 Matt: That is how we are now.

0:36:26 Lydia: Like they're all gonna align that's just what it is yeah one cannot help but get the sense that Barrett, the normally mild-mannered former law professor and mother of seven, which has nothing to do with this, I don't know why you're bringing this up, Josh Hammer, gross, really just wanted to say, quote, Justice Jackson is unfit to serve on this court, and maybe she should have done so, because it happens to be true, I'm

0:36:49 Thomas: What? I don't even think that's true about her, about Barrett. I don'T think she would say that. I could be wrong. I could be overestimating Barrett, but I don't think that's what she would say.

0:36:50 Matt: Not what she's... No, no, no.

0:36:58 Lydia: Just honestly so grossed out that he's like bringing in mother of seven, has nothing to do with anything for this article.

0:37:03 Thomas: This guy's the worst. This fucking sucks.

0:37:06 Matt: It gets worse from our next one. At least this guy's got some credentials yeah yeah What are also

0:37:11 Thomas: What are

0:37:13 Lydia: The fact that Ketanji Brown Jackson was selected as a justice of the Supreme Court of the United States on the basis of her race and sex is offensive enough. But the fact she now routinely produces such intellectually indefensible balderdash that she is roundly mocked by her more senior colleagues takes yeah, takes the level of offense to a different level. Couldn't... why did you use level twice? He forgot his thesaurus

0:37:30 Thomas: You, 80? You different level of

0:37:45 Matt: What's with the british spelling I just noticed that it's

0:37:48 Lydia: Yeah that's a good point I don't know why it's a british spelling unless

0:37:51 Thomas: Which

0:37:49 Matt: Kind of weird what are you doing there a fence with a c kind of weird josh hammer this

0:37:52 Thomas: Thing? I'm not seeing it. Oh, oh yeah. Sorry. I'm bad at spelling. No, he thinks the word is like of fence, you know, like it's related to fences.

0:37:56 Lydia: Unless like the telegraph like reprinted this and they changed any sort of, like, American spellings.

0:38:06 Matt: Was originally a newsweek I just checked so there's no excuse for this if that who knows who knows this is man

0:38:10 Thomas: I think once he said balderdash, he turned into an old British man and then like wrote like that for a second.

0:38:17 Lydia: Simply put, serious countries do not elevate...

0:38:20 Thomas: I'M SORRY. TAKES THE LEVEL OF A FENCE TO A DIFFERENT LEVEL? YOU FUCKING IDIOT. You're a terrible writer if you're gonna fucking painstakingly go through a brilliant black woman stuff how about I point out that that's a shit sentence a different level maybe that means it's lower level is it a lower level I don't it's just different it could be higher could be lower

0:38:23 Lydia: I know. So bad.

0:38:39 Matt: Newsweek could newslet could really use an editor But

0:38:44 Lydia: Simply

0:38:42 Thomas: Idiot yeah god I this is the worst kind of person to me I fucking hate this guy so much god

0:38:50 Lydia: Put serious countries do not elevate arguably unqualified dimwits to public positions of extraordinary prominence.

0:38:56 Thomas: Agree full stop 100 agree on that every part of that sentence is true for one we're not a serious country for two we also elevate arguably unqualified dimwits to public positions of extraordinary prominence yes a hundred percent agree on all counts there somebody accidentally wrote some truth oh message is sponsored by Greenlight. As kids get older, some parts of parenting get easier, like you can let them grab their own snacks, and they might even clean up after themselves.

0:39:01 Matt: We keep doing it. And also, Ketanji Brown Jackson sometimes.

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0:40:55 Lydia: You got to scroll down?

0:40:56 Thomas: There's oh I thought we were done are we not done what

0:40:58 Lydia: The continued humiliation of Ketanji Brown-Jackson at the nation's highest court at the behest of her colleagues is a lagging social indicator. It is a warning that something has gone deeply wrong in how the world's preeminent superpower nominates the most prestigious constitutional officers and decides the most pressing constitutional issues. The America that just sent B -2 bombers to drop 14, quote, bunker buster bombs on Iran's nuclear facilities is a serious place. Let's

0:41:30 Matt: It's the best part.

0:41:31 Lydia: See.

0:41:31 Matt: It's the best part, and

0:41:30 Thomas: A fucking dope

0:41:33 Lydia: My God. The Amer— The

0:41:34 Thomas: We have big bombs we have things that go boom we're serious we have these that go boom boom they're really big and they go boom and they're serious it's not whatever this is

0:41:37 Lydia: America

0:41:39 Matt: Also, we had no legal justification whatsoever for that, but sure. Okay, very serious action.

0:41:47 Thomas: What a fucking dope yeah

0:41:51 Lydia: That counts Ketanji Brown Jackson as a Supreme Court justice? Less so.

0:41:55 Matt: It is the other way around. We're very serious for getting her to the Supreme Court.

0:41:57 Lydia: Yeah. Frankly, Frankly, oh my

0:42:01 Matt: We're not serious for just randomly bombing Iran with no legal justifications. And then the president tweeting about it all weekend.

0:42:03 Thomas: What an idiot what what what are those what is the the connection between those two things there's no connection is she in charge of bombing is the supreme court dude that doesn't make any sense there's nothing there god idiot fucking pseudo -intellectual trash oh

0:42:09 Lydia: It's very strange. Frankly, no No one should be more offended at this appalling DEI idiocy than Jackson's fellow black women.

0:42:29 Thomas: He really just cares about her fellow black women, ah,

0:42:32 Matt: As a black woman, is

0:42:32 Lydia: We want Josh Hammer speaking on behalf of black women, yes. Because Jackson was nominated explicitly due to the fact she is a black woman, ah yes, but we can't possibly define what a woman is, can we, and therein lies the rub

0:42:50 Thomas: There doesn't lie the rub, what is the, what is the rub? What are you talking, you know what anything means or are you just an eight -year -old with a fucking dictionary, you goddamn dope,

0:42:51 Matt: That where the rub is? You haven't found the rub. I'm not being rubbed.

0:43:01 Lydia: So ridiculous curious that

0:43:02 Matt: Curious that.

0:43:03 Thomas: Curious that, God he's insufferable, yeah

0:43:06 Matt: I mean, it's like in the format of how you're supposed to write one of these where you bring it back around to a point you made earlier, but it's nonsense. It makes no sense. Why are you... Yeah.

0:43:18 Thomas: Yeah, it doesn't. It's the opposite of, I don't know, whatever.

0:43:21 Matt: Appalling DEI idiocy actually actually, is what we're looking at. This is DEI idiocy right here. I mean, this is a guy whose entire career is because they need a white man saying these things. They're happy to pay him to do it.

0:43:32 Thomas: Yeah. It has the cadence of a gotcha. It is like that. So, I am just working my way through this nonsense. So yeah, the hypocrisy on our side is that, yes, Biden nominated a black woman, but we can't possibly define what a woman is. That is not actually... First off, Democrats are not actually that great on trans issues. She's not as though the, you know, it's like the whole left is captured by an inability to even say what a woman is. But secondly, that makes no sense. We do. She is a woman. We're not saying none of the left isn't saying she isn't a woman, which is like, yeah, she's a woman at two. It's who it's who identifies as a woman? Does she identify as a women? Yes. Well, it looks like we're consistent.

0:43:55 Lydia: That yeah yeah therein

0:44:16 Matt: I've never even heard the nuttiest transvestigators try to claim that she's not a woman. So yeah, I don't know what we'RE doing here.

0:44:20 Thomas: But therein does lie the rub.

0:44:23 Matt: Yeah, I'm feeling properly properly rubbed

0:44:23 Lydia: Lies the rub yeah

0:44:25 Thomas: So fucking stupid.

0:44:27 Lydia: Oh, he also feels that, um, President Trump is facing the most sprawling judicial insurrection since the Lincoln presidency, by the way, yes that was on one of his Instagram posts. I

0:44:36 Matt: Naturally um yeah so yeah uh do we need any more in josh hammer is that are we hammered out did we get this hammered down okay all

0:44:46 Lydia: Don't know I'm I'm hammered out I hate this guy

0:44:46 Thomas: Let's be done yeah we hammered that one fuck you asshole

0:44:50 Lydia: Hot.

0:44:50 Matt: Right so let's take a break maybe it's a good time all Right, so I like to think of these as, uh, meals that I'm putting together for you all, and originally I was thinking we'd have a two-course, but this is really more of a Fleetwood snack.

0:44:55 Thomas: What's next this is a shit sandwich matt it's a real shit sandwich not

0:45:09 Matt: It's what I'm calling a Fleetwood snack. It is Sean Fleetwood. Thank you. You're welcome. I'm old enough to be a dad.

0:45:17 Thomas: Fleetwood mac and cheese not

0:45:18 Matt: I am dad eligible. I just want to point out I get to make jokes like this sometime. But you know, it's barely even a snack though, this piece. This is like the last piece we read, but even lighter. But let's talk about Sean Fleetwood for a second, as much as there is to say, because there's not much.

0:45:18 Thomas: Fleetwood mac and cheese yeah wow

0:45:30 Lydia: There's not a lot. Yeah. So Sean Fleetwood right now is a staff writer at The Federalist. He covers government and politics, focusing on elections, legal affairs, border security, and military issues. He's been with the publication since May 2021. He was serving as an intern. I think his initial piece that he submitted was in 2019. So I don't really really know what happened between 2019 and 2021. And then he became a staff writer after he graduated from University of Mary Washington in 2022. That's basically it.

0:46:01 Matt: It. And he writes for the Federalist. Dark

0:46:03 Thomas: Dark, what's

0:46:04 Lydia: So I was like searching. I was like, there's got to be more on this guy. His Instagram's private. So I was like, all right, you're going to make that private, I'm going to go to your Venmo. And I found his Venmo, and there's nothing interesting there. It's, like, just paying people back for Chipotle and stuff. But, like...

0:46:20 Matt: Money flowing through his Venmo.

0:46:21 Thomas: Happening right now yeah dead

0:46:22 Lydia: I was I was honestly looking. He hasn't done a lot of Venmo transactions recently. So but but I will find you people.

0:46:29 Thomas: End yeah

0:46:29 Matt: I want to talk about this kind of guy because obviously Josh Hammer is also this kind guy who's been elevated very quickly from college. Josh Hammer is 36. I don't know. I think Fleetwood has got to be younger than that probably.

0:46:44 Lydia: He's younger. Yeah. He said that he got interested in politics in 2016 when he was a sophomore in school yeah

0:46:45 Matt: Got to.

0:46:51 Thomas: My fucking

0:46:51 Matt: When you find out you can make a bunch of money through dark money writing pieces like this. So yeah, there are a couple of the pieces I want to read at some point in the future by younger people where we can kind of give them a little bit of a break because they're just young and getting started. This is like a glorified, as was the last one really, a glorify college paper piece. It's just not very well thought out or written.

0:46:52 Lydia: He he's a baby

0:47:13 Thomas: College college professor I've ever had would accept that garbage. Just saying.

0:47:16 Matt: But that's true. I wouldn't grade very well.

0:47:17 Lydia: You you need to look

0:47:19 Thomas: College is the one place left where you can't do fucking shit like this. There's still standards. Well, there were. I don't know. I'm not sure.

0:47:26 Matt: I just want to point out though that this man who was about to critique one of the most qualified Supreme Court Justice nominees of our lifetimes, and again, nothing against anybody who doesn't, but he doesn't have a law degree, no legal credentials, no experience. Obviously, I'm outnumbered on this program by people who don't have law degrees, and I love you for it because I think you're better at understanding other things.

0:47:43 Thomas: I have an honorary law degree from

0:47:45 Matt: Yeah, pretty much. You've gotten an 08.

0:47:45 Thomas: The School of Hard Knocks.

0:47:47 Matt: That's right. The 08 law degree. But he doesn't seem to have anybody really telling him about the law in a lot of this stuff. So I will say, Sean Fleetwood is the primary contributor to the genre of I'm Not Sorry, Miss Jackson. He's written so many pieces. He is obsessed with her. Yeah, like four.

0:48:06 Thomas: Really? He's gotten a lot of practice, huh?

0:48:08 Matt: Yeah. All

0:48:07 Lydia: Many yeah and I mean, he is getting appearances under his belt. I will say that he is young, but, you know, he's making appearances on places like OANN, Judicial Watch, Texas Public Policy Foundation, and Cleta Mitchell's podcast.

0:48:21 Matt: Your favorites.

0:48:22 Lydia: So yeah, she has a podcast or she did. She hasn't posted in two years, but he went on there and it's, I don't even know. I'm not going to subject anybody to it. I thought about it. I have the link, but we're not going do it. It's just too much.

0:48:36 Thomas: I'm blanking

0:48:35 Matt: I couldn't find a clip that was even worth it.

0:48:37 Thomas: On who that is. I can't. I remember that.

0:48:38 Lydia: Cleta Mitchell from Trump's team during the stolen election stuff where he like yelled at her on the phone even.

0:48:47 Thomas: Man yeah okay that's boy it's been a lot of crackpots of you know like

0:48:52 Lydia: Her podcast is about election integrity, by the way, of course. So, you know, how to track elections.

0:48:57 Thomas: Weird that it ended two years ago let me

0:49:02 Matt: All right. Well, this piece is going to make Josh Hammer look pretty good.

0:49:05 Lydia: Before we get into that, I also wanted to call out I saw he had a critical article about President Trump recently. And that really surprised me. And so I was like, Oh, I wonder what what this is. And it says, Trump's Chinese student visa policy is an un -American security risk. The correct number of Chinese nationals who should be allowed to study at American universities is zero. So that's his anti -Trump article that he wrote. It's anti -Chinese people.

0:49:24 Thomas: Guess yeah well

0:49:30 Matt: Yeah, that fits. I should mention that he's writing for The Federalist. This is a piece from The Federalists, a Federalist, another dark money organization. It's a running joke, we don't know how it's funded. And Meghan McCain's husband, right? Ben Domenech?

0:49:42 Thomas: I just got a pop -up asking me to fund it when I went to this website so I said yes I gave him ten thousand dollars is that not good oh yeah sorry I thought this was one of the good ones shit oh well

0:49:50 Lydia: Monthly, right? Recurring monthly donation.

0:49:48 Matt: Well, sure. Yeah. I mean, yeah. Well, let's see what you're paying for.

0:49:59 Thomas: Uh okay well we got this zoom in again all right well this guy here everyone imagine what you think this guy looks like hold on I gotta do some sorry the zoom on this pc is weird I don't I only use it oh weird that that's what that guy lookslike what are the odds

0:50:12 Lydia: There he is.

0:50:16 Matt: Who would have known? A white guy in a suit.

0:50:17 Thomas: God I man his dad needs to teach him to tie that tie a little straighter I don t that looks like his prom picture and

0:50:21 Lydia: It does look like this. Yeah so that was a joke that was happening in our slack.

0:50:26 Thomas: He didn't have a date to the prom oh

0:50:28 Lydia: That that was the joke that it was happening the slack. Yeah yeah.

0:50:29 Thomas: I don't read it oh

0:50:31 Lydia: That it looks like it was a prom picture his mom took. Yeah

0:50:33 Thomas: My god yeah okay well great minds everybody we're all on the same page on the business slack oh

0:50:39 Lydia: All right, KBJ could learn a few lessons on professionalism from Justice Barrett.

0:50:44 Thomas: Yeah sorry I didn't get the title there this

0:50:45 Matt: All right. From Sean Fleetwood. He's going to teach her some lessons on professionalism. A man who's never had a professional job.

0:50:50 Lydia: That's right. Yeah. Jackson would be wise to follow Barrett's example in demonstrating how judges are supposed to conduct themselves.

0:50:58 Matt: Yep. So this is a white

0:50:59 Thomas: Might as well be look the you know the losing side that's upset that things are going terribly and is against fascism they're not acting very calm how about they take a lesson and from emperor palpatine he is able to act extremely calm yeah fuck you

0:51:08 Matt: Lady. Very civil, the emperor, yeah. Always has such nice things to say. This is a White man telling a Black woman to act more like a White woman, just so we're very clear on what's going on here. That's the whole thrust of it. Yeah. Let's go.

0:51:23 Thomas: He's about to tell her to pull her pants up fuck you

0:51:28 Matt: Smile more, yeah.

0:51:30 Lydia: Having served on the nation's highest court for several years now, it's become apparent that Ketanji Brown -Jackson could use a lesson or two on how to act professionally as a Supreme Court justice.

0:51:39 Matt: I just have to point out, this is so badly written that for a minute there, you don't serve on the Supreme Court, Sean Fleetwood. Do you think you serve in the supreme court so it's going

0:51:48 Lydia: After having served on.

0:51:50 Thomas: That is how that reads I've been on the court a few years now and I one of my observations uh okay

0:51:58 Matt: What's with this lady yeah

0:52:01 Lydia: Her colleague, Amy Coney Barrett, appears to have given her just that. On Monday, Barrett delivered rare public remarks while attending this year's Seventh Circuit Judicial Conference in Chicago, Illinois. The former Notre Dame law professor previously served on the Seventh circuit prior to being tapped by President Trump to replace deceased Associate Justice Ruth Bader Ginsburg on the Supreme Court nearly five years ago. In her speech to attendees, Barlett reportedly offered praise for collegiality within the legal profession, suggesting this relies upon, quote, zealous advocacy and professionalism and careful and fair adjudication. Quote, law is a profession that, unlike some others, operates continually under the strain of disagreement, Barrett said. Doctors cooperate and coordinate to deal with patients. Engineers work together to build a bridge. But litigants and their lawyers are pitted against one another on opposite sides.

0:52:53 Thomas: I'm sure all those jobs disagree too too. I'm sure they have arguments about which is the better way to build a fucking bridge. I don't know. Weird.

0:53:01 Matt: To cure cancer yeah yeah and this is also I just want to say so far so this is a lot of the piece is just quoting barrett none of the things that barrett is saying here are particularly aimed at jackson or really are offensive at all like these are normal judge things to say john roberts would give this speech I'm sure that kegan would give this beach somewhere like this is not but right, right.

0:53:16 Thomas: It's just a bunch of platitudes.

0:53:20 Lydia: Quot, that doesn't sound like an advertisement for law school. That sounds a little bleak, she added, also noting, Quote, we know how to argue, but we also know how to do it without letting it consume relationships.

0:53:28 Thomas: Just publish her speech. Why cut out the middle man? What is the point of you?

0:53:35 Lydia: The Trump appointee speech did not touch on major political issues or, quote, controversial court decisions.

0:53:41 Thomas: Maybe that explains the beginning because he forgot to quote. He was just saying, having served on the Supreme Court, it was actually a quote from her speech, and that's why I Amy Coney I mean fuck

0:53:50 Lydia: According to Bloomberg Law and Politico, Barrett's remarks represent a stark departure from the highly partisan and unprofessional conduct of Jackson, who has regularly let her leftist flag fly while speaking at various public venues since joining the Supreme Court.

0:54:03 Thomas: You are you fucking kidding me you're

0:54:10 Matt: You're going to talk about flags flying.

0:54:11 Thomas: Gonna talk about flags on

0:54:12 Matt: It's so good.

0:54:13 Thomas: The left fuck you what year is this are you was he I'm sorry was he in diapers during a couple years ago with the fucking flag controversies does he not remember that was he too busy not being invited to prom or not getting a date to prom they didn't know the fuck you gotta be kidding me with this is this an accident or deliberate like fuck you yeah

0:54:15 Lydia: Like literally flags. Flags.

0:54:15 Matt: It's amazing. Not just one, two flags. I

0:54:23 Lydia: Yeah. Yeah,

0:54:33 Matt: Don't think he's self -aware enough to actually troll us this way, but it's a...

0:54:38 Thomas: I don't think so either I actually think this is a complete accident again I think he was 14 when this flag thing happened a year ago or whatever god I guess it's been a couple years yeah come on there's one unprofessional justice visa v flags and he's not on the left I'll just say.

0:54:54 Matt: He's not going to be outdone. That's not going happen. Not one, but two MAGA flags, pro -January 6th flags. Also, if you're talking about highly partisan and unprofessional conduct, we've had Scalia, Alito, and Thomas, let alone the fact that it's highly unprofessionally to be funded by a billionaire, but maybe we'll leave that aside.

0:55:11 Thomas: Well, the flight, you see, the seat would have gone unused. What's more professional, Matt, than taking a seat that would have gone to waste in a billionaire's aircraft?

0:55:14 Matt: That's right. Just loves the climate. That is interesting,

0:55:21 Lydia: The Biden appointee wasn't shy in expressing her apparent disdain for Trump and his administration during an interview at an Indianapolis Bar Association event last month. When asked by Obama -appointed District Judge Jane Magnus Stinson about, quote, what keeps her up at night, Jackson replied, quote. I would say the state of our democracy.

0:55:42 Matt: Isn't it? Isn't that interesting?

0:55:42 Thomas: That's

0:55:43 Lydia: That is also not it's not explicitly about Trump and his administration.

0:55:43 Thomas: Not about, I mean, yeah, that's

0:55:47 Lydia: Like you're reading into that.

0:55:47 Matt: But he goes straight to it.

0:55:49 Thomas: How all the justices would phrase their thing. The state of this. Come on.

0:55:56 Lydia: It wasn't the first. Oh, sorry. Go ahead, Matt.

0:55:56 Matt: I was going to say, I mean, this is not unusual though in these kinds of pieces where they're like, well, she said something about how the country is in trouble or we're headed down the wrong path or whatever. And that's obviously anti -Trump. Well, I mean, yeah, it is literally, I guess, but yeah.

0:56:08 Thomas: If the shoe fits dude

0:56:10 Lydia: Yeah. It wasn't the first time Jackson echoed the rhetoric of Democrat politicos and media activists to take an indirect shot at the sitting president, whose administration

0:56:18 Thomas: These fucking right wing justices quote fox news and even and worse than fox news now I wish it was just fox news god fuck off again

0:56:26 Matt: Well, and also the idea that you're so baby -brained, that it's so black and white, our team, your team, that if you're talking about threats to democracy, actual authoritarianism taking over the United States, that's a shot at Trump. That's the rhetoric of democratic politicians. And you don't want to stop and think about the fact that also historians and political scientists and people from other countries who've lived through this stuff are looking at us and asking what we're doing here. I mean, it's so oblivious.

0:56:51 Thomas: They're winning six to three and can't handle that the three is like on the left kinda like it's just nothing will ever be enough for these fucking racists yeah to

0:56:54 Matt: That's right. Yeah, yeah, yeah.

0:57:05 Lydia: Facing multiple leftist -backed lawsuits, suits making their way to the very Supreme Court Jackson sits on to the very Supreme court Jackson sits on man.

0:57:13 Thomas: The very supreme court oh not the other one it's not the the other Supreme Court, I guess like the New York Supreme Court that they have, that they call it that, you know, to the very, yeah, multiple leftist backed lawsuits making their way to the very Supreme Court. Jax, that's a weird way to write that.

0:57:16 Matt: Let's never forget the leftist wine industry that brought the tariffs challenge.

0:57:34 Lydia: Yeah. That's why I struggled. That's what I said it wrong and correct the first time around, but

0:57:38 Thomas: It's like the court is very Supreme. Like that's how Supreme it is. You would just say the very court that Jackson sits on, or you would say the Supreme Court in my crazy. I don't know. Shows brought to by Hello Fresh, which I love. You may have heard about Hello Fresh. I mean, I've talked about it a lot. I'm chef crafted recipes and fresh ingredients to your home. This summer, they made their biggest menu upgrade yet. This isn't the HelloFresh you remember, which in my opinion was already amazing. It's bigger. HelloFlesh has doubled their menu. You can choose from a hundred options each week, seasonal dishes and recipes from around the world. Also healthier. Great with an even healthier menu filled with high protein and veggie -packed recipes. It's Also Tastier. You're a fan of seafood, there's now three times more seafood food on the menu at no extra cost. Love HelloFresh. I've used HelloFlesh for, gosh, I was going to say years. It could almost be a decade coming up on. Kits. They're the best. Gives you exactly what you need in exactly the proportions you need it. It's always variety too. That's the best So, the best way to cook just got better. Go to HelloFresh .com slash opening10fm now to get 10 free meals plus a free item for life. One per box with active subscription. Free meals applied as discount on first box, new subscribers only, varies by plan. HelloFlesh .com slash opening the number 10 FM, opening 10 FM for 10 free meals plus a free item for life.

0:59:08 Lydia: A not so subtle response to Trump and conservatives criticisms of the lower judiciary's coup against the administration, the Biden appointee said in a May interview, quote, Quote, the threats and harassment are attacks on our democracy, on our system of government, and they ultimately risk undermining our Constitution and the rule of law.

0:59:25 Thomas: Come on. This was, there's... there's one thing that justices are on the same page about, and it's like, hey, there's threats to the judiciary, right?

0:59:33 Matt: Yeah.

0:59:33 Thomas: Like, that's literally someone's kid was killed on the left.

0:59:33 Matt: And it's true. Yes.

0:59:37 Thomas: Like, right. It's horrifying.

0:59:38 Matt: And people are sending pizzas in his name to threaten other judges like the pizza docs. I'm sure you heard about that. So bad.

0:59:41 Thomas: Absolute evil pieces of shit. There's no equivalent on the Left. And this is still a statement of neutral, you know, this isn't a left right thing, this statement. Threats and harassment are attacks on our democracy. What are you talking about?

0:59:55 Matt: And she could have, she could've been quoting John Roberts from his end of the year report. That's what he said. Almost exactly.

1:00:00 Thomas: He literally said that. This person's fucking stupid god

1:00:02 Matt: So that partisan hack. Yeah. Also I want to mention, it wasn't just a May interview. That was a judge's conference and they were very, like this went over very well and she said this was like one of those onstage interview things, right? So this was two -way room full of judges who really thought this was a good thing to say because they're concerned too. I just want to point that out.

1:00:20 Thomas: This is low effort it's fucking low effort did

1:00:20 Lydia: Of course, her remarks made no specific mention of the leftist -led threats and attacks that Jackson's Republican -appointed colleagues have faced in recent years.

1:00:29 Thomas: She specifically met mention the other one it sounds like she just said attacks like right I mean

1:00:35 Matt: Threats.

1:00:35 Lydia: Any attacks.

1:00:36 Matt: Yeah, yeah, yeah.

1:00:36 Lydia: Any threats. Yeah.

1:00:38 Matt: And again, I assume what he's talking about is people got mad at the justices after Dobbs, and there's talk of security or whatever. But again, not that I'm maybe I've missed something, but I'm not aware of any gun assaults on judges' houses other than And what Thomas had mentioned there, I think some other threats to other lefty judges. Could be wrong. I don't think so.

1:00:58 Thomas: I don't know what this is so terrible yeah

1:01:02 Matt: But Judge Salas, that was a terrible tragedy. Killed her 20 -year -old son and almost killed her husband in the process of this shooting. It was a men's rights guy, by the way, also.

1:01:05 Thomas: Awful yeah

1:01:11 Lydia: Of course. But partisan comments seemingly directed at the Trump White House are only part of the unbecoming conduct Jackson has demonstrated since arriving at the nation's highest court. She has also gone out of her way to thumb her nose at her fellow justices, even going as far as to classify the conservative -leaning majority's recent decisions in high -profile cases as an, quote, existential threat to the rule of law.

1:01:35 Thomas: You're not allowed to do that the

1:01:36 Matt: What a horrible insult of accurately noticing.

1:01:39 Thomas: The conservative leaning majority yeah sure they lean conservative a little a little bit of a lean yeah Yeah.

1:01:45 Lydia: Just a little bit. Yeah.

1:01:43 Matt: I mean, it should be a pretty severe warning when a Supreme Court justice is going to the unprecedented step of saying that there is actually an existential threat to the rule of law from the executive in this country right now that is being supported by the conservative leading, if you want to call it that, majority on the shadow docket. That's something we've been saying quite a lot ourselves about the existential threat to the role of law, but that to him is a radical partisan statement. In.

1:02:10 Lydia: As I previously wrote in these pages, while each justice is entitled to voicing his or her own opinion in any given case, it's usually customary for the Supreme Court's junior justices to offer a notable degree of deference and respect to the senior justices early in their careers. Such behavior falls in lockstep with longstanding traditions that have defined the high court for decades. Yeah.

1:02:29 Thomas: Have you read any Gorsuch? Have you read any of his stuff or listened to him ever? He's the most insufferable asshole and he's one of the newer ones. Like he was the newest one, what, eight years ago? I don't even know. God, I guess. Was he the first Trump one? He was, wasn't he? He was the first Trump pick, right?

1:02:47 Thomas: And then Kavanaugh is the second, I think.

1:02:47 Matt: Yeah, I think that's right. And he's saying here, just shut up and mind your betters, basically. Listen to your senior justices.

1:02:54 Thomas: But if you're a white guy like Gorsucha, you would never think of that because that's fine. He gets to be that. Fuck

1:03:00 Matt: This would never be written about that. Never.

1:03:04 Lydia: While Jackson's break with these customs via girl boss style opinions and comments may have earned her praise from America's legacy media, it's becoming clear that her antics are irking her SCOTUS colleagues. In response to the Biden appointee's reality challenge dissent in the court's recent case, Trump v. Casa on nationwide injunctions, for example, Barrett didn't hold back in assessing that Jackson, quote, chooses a startling line of attack that is tethered neither to these sources nor, frankly, to any doctrine whatsoever. Quote, we will not dwell on Justice Jackson's argument, which is at odds with more than two centuries' worth of precedent, not to mention the Constitution itself, Barrett wrote on behalf of the majority. For all her undignified bluster, Jackson would be wise to follow Barrett's example in demonstrating how judges are supposed to conduct themselves, that is, putting one's personal feelings aside and displaying a semblance of impartiality and respect for the institutions in which they serve. But asking her to do so would require Jackson to abandon the primary reason she was appointed to SCOTUS to begin with, to advance left -wing orthodoxy from the bench.

1:03:08 Thomas: You fuck you the person whose feelings we experience the most on the Supreme Court is everybody Alito 100% we were all thinking it his absolute man baby uh anger is a feeling by the way everybody that's one of the feelings it's a big one it's big feeling he has big feelings a lot that Alito and we experience that all the time there's

1:04:12 Matt: Samuel Ludo. Yep. And Scalia before him. But again, just looking at both of these pieces, the example that they provide is the same thing from Coney Barrett, the same... Oh, addressing the dissent. Right. Right, yeah. Right?

1:04:38 Thomas: A dissent in a case that was yeah no I was agreeing it's a it's one dissent in in yeah addressing this and yeah yeah her the example of justice jackson jackson's uh sins is just a dissent I mean I get that we're like well there's a problem with the nation nationwide injunction thing I get I get that but like this can't be the answer to to my point earlier and I don't understand what Were there other descents to that? Are they really singling her out or did she?

1:04:44 Matt: You know, for example, exactly, that they don't like. Yeah. Yeah, right. But Josh Hammer thought that Sotomayor's dissent was okay because it engaged with the bullshit historicism. It also said a bunch of other good things too. I mean, obviously, it's a very good Sotomayer dissent, But Jackson had her own thing to say about the threats to democracy, specifically. So did Sotomayor. But I mean, again, they just really didn't like that one. And I think it's really worth noticing that they hated it that much. I think they really got some under the skin there.

1:05:36 Thomas: So weird. Wonder why.

1:05:38 Matt: Yeah, yeah. I had wanted to go out on one thing here, one quick video. It is the one with words on the preview. This is related.

1:05:51 Thomas: Are we not doing a. Yeah. So you're going to go out on a high note.

1:05:55 Matt: Yeah, this is just kind of funny. So this is comfortably smug on X, who's one of these awful, stupid, insufferable people. And he's making a point that, well, this completely undermines his point, the point he thinks he's making. So the caption on this is, well siren emoji, because you've got to put on a siren emoji. If there's one thing we know about Justice Katanji Brown Jackson, this term, it's that she doesn't understand. So here is a supercut of things that Justice Katonji Brown Jackson doesn't understand.

1:06:20 Thomas: It's going to be super cut. Hmm. Yeah.

1:06:23 Matt: Now, this is an absolute intellectual nobody. Because if you listen to this, yeah, you do.

1:06:24 Thomas: Here we go. Yeah. Do I have to have sound on? Fuck you.

1:06:35 Matt: So again, you

1:06:41 Thomas: They all say this. They all stay the same. They all do this.

1:06:49 Thomas: Gorsuch will be like, help me understand. Help me. Help me understand. That's what he'll do. You could do this.

1:07:04 Matt: Get the idea. It goes on. Yeah, this

1:07:07 Thomas: This is four minutes and 40 seconds of this.

1:07:09 Lydia: For, oh my God.

1:07:10 Thomas: I can't imagine putting that much work into that.

1:07:08 Matt: Anti -intellectual bullshit into a non -point. I mean, really, yeah. Sorry.

1:07:16 Lydia: My God, Well, Matt,

1:07:16 Thomas: We went dark mode, Matt.

1:07:17 Lydia: You went dark.

1:07:18 Matt: We're going late. It's way after dark, folks. But I love the point here that this is classic judge stuff. And a lot of the time what she's saying, when she's saying, I'm trying to understand what she means is, I don't think you're correct.

1:07:28 Thomas: They all say that. It means you're an idiot. Yeah,

1:07:28 Lydia: Of course.

1:07:32 Matt: Yeah. I'm gonna give you a chance to tell me why.

1:07:33 Thomas: Hey, I don't understand how your system of the founding fathers said it. So whatever. Help Help me understand that. You know, it's all that stuff. It's like, how would your rule work whereby, you know, the baby's a citizen in one state and not another? Help me understanding that. They always do that.

1:07:50 Matt: Your hypothetical makes no sense.

1:07:51 Lydia: Well there's also like instances in which they say I don't understand to try and get you to explain it better because they know like there's a better argument there. Like they're almost trying to help you sometimes too.

1:08:03 Matt: Right, right, but the idea that... And also just at the end of the day, we should all be trying to better understand everything and it's just such an anti -intellectual thing.

1:08:10 Lydia: Wouldn't you want someone to understand it?

1:08:12 Thomas: Yeah.

1:08:12 Lydia: Like, I, yeah, I don't, I don't understand.

1:08:14 Thomas: Do they think what the judges do at oral argument is just proclaim their, I mean, some of them sometimes do, but yeah, you're usually interacting. That's why it's oral argument. If it was, if it was you just proclaiming, it would just be the opinion. Like, what would be the point of that?

1:08:24 Lydia: Asking for clarification. Yeah, can

1:08:20 Matt: Some of them to right right I understand I understand yeah no right we're here to hear what you do yeah

1:08:32 Lydia: I just say one other thing that like, obviously, all of these things blew up, continue to blow up the internet with Kataji Brown Jackson, but also she made a very brief one night cameo in Ann Juliet, and the the right lost their freaking minds over it. They lost their minds. I have like a Megyn Kelly video, like it's just so stupid. There's so many pieces about it. And I was reading this one in The Federalist by Molly Hemingway, and I just wanted to read just very quickly for folks. While KBJ enjoys Broadway, her Constitution -loving Supreme Court colleagues can barely leave their homes.

1:09:09 Lydia: And then there's there's a paragraph in here that just was especially galling prior.

1:09:14 Thomas: Which home? Is it the one that Lito's flying the flag on that he forgot because it's his home that he only goes to in the summers or is it... God, I'm not sure that's how it works.

1:09:42 Lydia: Like there's some just weird – I don't know. It's like this weird situation in this author's head because

1:09:48 Thomas: Question for a lawyer, but if they've authored the opinion and one of them dies, does that matter? Is there like a time where they have to like...

1:09:54 Lydia: It wasn't officially released.

1:09:56 Matt: Yeah it's not official till it's official so like it that was a draft I

1:09:58 Thomas: But what I guess my question to you is, what makes it official? Like, if they've authored it and they couldn't release it without... How does that work? I actually don't know.

1:10:02 Matt: Think it uh I'm sure that must have been tried out before but it's non -official until the day it's released so if you wrote it a month later I wrote it and died a month after it was released I think you you would would lose the majority potentially.

1:10:14 Thomas: Interesting.

1:10:17 Lydia: I'm sorry. But like creating an incentive for assassination, like it's just like really strange thought pattern.

1:10:20 Matt: But that's imaginative.

1:10:23 Thomas: What does that have to do with her doing a cameo?

1:10:27 Lydia: Well, she got – yeah, she Got to be on Broadway. Like she got to enjoy her life and good for her and blah, blah, bla. But everyone is like stuck in their homes.

1:10:31 Thomas: So, okay. So, what should happen is If you take away women's fundamental rights and therefore are worried that people are going to be mad at you about it, But what the people who didn't want to take away women's fundamental rights should do is also pretend they're scared about it or something. I don't like what what is what what what does the contradiction here?

1:10:53 Lydia: I know. No, I know. It is. It's crazy.

1:10:55 Matt: And surely there aren't any right-wing gun nuts who want to kill Katanji Brown Jackson. I'm sure she's perfectly safe every day, wherever she goes. So yeah. So there we go. We've got Not Sorry, Ms. Jackson, the genre. And I'm Sure there'll be plenty more out of the annals of this wonderful genre, but this is just a little taste

1:11:05 Thomas: Unreal.

1:11:17 Lydia: I mean, it's Sean Fleetwood's entire writing career. So he has a lot more to write.

1:11:21 Matt: Such as it is yeah

1:11:23 Thomas: Did we have anything we were going out on or no? Was that it? I see another clip you sent, but I wasn't sure if that was OK. Oh, OK. All right.

1:11:31 Matt: That was just yeah we're

1:11:32 Thomas: Well, boy, fuck these white morons who just think they know better than one of the most qualified justices in our lifetime, as you said. Yeah, it's predictable. Predictable, the racism.

1:11:32 Matt: Good uh

1:11:46 Thomas: Curious that.

1:11:42 Lydia: I'm sure. Curious

1:11:46 Matt: Yeah no actually there's the rub

1:11:48 Lydia: That and therein lies the rub.

1:11:50 Thomas: Where's the rub? Oh, boy. Well, we've been opening arguments, vapid response. Thanks so much for watching, everybody, and listening and looking forward to next time. Thanks, Matt. Thanks, Lydia.

1:12:01 Lydia: Thank you. And

1:12:02 Matt: All right later okay