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BEST OF THE GIST: SCOTUS Gone Wild Edition

BEST OF THE GIST: SCOTUS Gone Wild Edition

Released Saturday, 15th June 2024
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BEST OF THE GIST: SCOTUS Gone Wild Edition

BEST OF THE GIST: SCOTUS Gone Wild Edition

BEST OF THE GIST: SCOTUS Gone Wild Edition

BEST OF THE GIST: SCOTUS Gone Wild Edition

Saturday, 15th June 2024
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0:00

The delicious ice cold taste of Dr. Pepper

0:02

has a lasting effect on people. Lindsay from

0:04

Sacramento said... Pro tip, 40 degrees is

0:06

the perfect temperature for an ice cold Dr. Pepper. For

0:12

Dr. Pepper, we brought in Sue from Duluth, Minnesota

0:14

to tell us. Oh yeah, I know a thing

0:16

or two about cold. Oh, that right there is the perfect kind of ice cold

0:18

for Dr. Pepper. Oh, that right there is the perfect kind of ice cold for Dr. Pepper.

0:21

Mmm, I'd share that with my friend Nancy. She

0:23

likes Dr. Pepper too, you know. My coldest... Alright,

0:25

that'll be all, Sue. Having a perfect temperature for your

0:27

Dr. Pepper? Hey,

0:34

it's Saturday, it's the Saturday show. We do a

0:36

Best of the Week and the Best of the

0:38

Vault. The Vault is gonna be not to... We're

0:40

not going to vault back to our much vaunted

0:42

vault too much. Going to talk... This

0:44

was a couple years ago and it was actually

0:47

less than a couple years ago,

0:49

but it was when revelations about

0:51

the largess of Harlan Crow and

0:53

other donors were reported. Beneficiary Mr.

0:55

Clarence Thomas, Clarence Thomas whose wife

0:58

Ginny is a supporter of the

1:00

Stop the Steel movement and

1:02

election denier, though she would say,

1:04

we're all the election deniers. Doesn't

1:06

really matter what she would say, except she

1:08

is married to a Supreme Court Justice. So

1:10

I'm going to play that in contrast with

1:12

the other very consistently conservative member of the

1:15

Supreme Court, the other, I should say, very,

1:17

very conservative member of the Supreme Court, Samuel

1:19

Alito, and I have been talking about the

1:21

flags. It's interesting because I think

1:23

it's a contrast. I think that

1:25

what Thomas is doing is just

1:27

unethical, full stop. And what Alito

1:30

is doing raises questions

1:32

and doesn't put the court in good

1:34

stead and he could do a lot, including

1:37

telling his wife, no flags, no

1:39

flags, honey. He could do a lot to

1:42

improve the reputation of the court.

1:44

And yet I do think the

1:46

pillorying he's gotten has been to

1:48

some extent unfair, though he does nothing. I

1:51

think it's a sympathetic character in this. I

1:53

also want to say that you will hear

1:55

a slightly different of this spiel, which aired

1:57

earlier in this week, really one sentence different.

2:00

Different to that point, the I said

2:02

that are: Mrs Alito was spat at

2:04

and called the C word know, just

2:06

called the C word. In fact, reporting

2:08

in the New York Times indicates to

2:10

spitting. If it did occur, the alleged

2:12

spitting, the alleged spittle and there was

2:14

no second spinner in the grassy knoll.

2:17

But the alleged spit are might have

2:19

been Mrs. Alito, but she was indices.

2:21

ah, this is an agreed upon fact

2:23

by the alleged hurler of the C

2:25

word. she was called the see where

2:27

it actually there some discrepancy to the

2:29

wife color. That the husband of the

2:31

aggrieved neighbor color That very, very

2:33

important. Lot. Of agreements the media's

2:35

agree of ties a citizen m aggrieved.

2:38

I hope after listening to both of

2:40

these segments you will be or less

2:42

aggrieved more Well, or it. The.

2:57

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5:02

And now the spiel. Samuel Alito

5:04

is a conservative jurist who authored

5:06

some of the courts most conservative

5:08

opinions in overturning Roe versus Wade

5:11

and allowing religious companies to deny

5:13

their employees contraception, expanding gun rights

5:15

in the case of Dc vs

5:17

Heller. He also notably dissented in

5:20

Oberg Fell vs Hodges, the case

5:22

that legalize same sex marriage, the

5:24

cases that allowed the Affordable Care

5:26

Act to proceed also, and Alito

5:29

descent Stephen dissented in a case

5:31

where the court. oh except

5:33

for him found that a specific

5:35

florida application and method of the

5:37

death penalty was unconstitutional and we

5:39

know that all these stance is

5:42

because i'll be low rates them

5:44

down it's his job it's his

5:46

job to issue opinions and he

5:48

does his job and not only

5:50

does he issued judicial opinions he

5:52

says opinions which he is in

5:55

expressed in public usually judiciously sometimes

5:57

pointed late here is alito in

5:59

public making remarks lamenting the fact

6:01

that the opposition to gay marriage

6:03

now gets a person labeled a

6:05

bigot. But I could see, and

6:07

so did the other justices in dissent,

6:10

where the decision would lead. I

6:12

wrote the following. I assume

6:15

that those who cling to old beliefs

6:17

will be able to whisper their thoughts

6:20

in the recesses of their homes. But

6:22

if they repeat those views in public,

6:24

they will risk being labeled as bigots.

6:27

In every one of the stances I cited, I am

6:29

on the opposite side of Justice Alito. I think abortion

6:31

and gay marriage should be legal, the death penalty should

6:33

not be, and gun laws should

6:35

be tight. Or, more specifically, in the

6:37

case of DC versus Heller, wrongly

6:40

decided. But that's who Alito is, that's

6:42

what he thinks, and also his wife

6:44

flew an upside-down flag three years ago,

6:46

in what was, to my mind, a breach

6:49

of the guidelines of judicial decorum, in that

6:51

it was in the home of Samuel Alito.

6:54

She did, and she was called the

6:56

C-word, and perhaps spat

6:59

at the person who called

7:01

her the C-word. Doesn't make her right,

7:03

doesn't make her human, does make the

7:05

expression of her anguish curious. Anyway, last

7:08

week, Justice Alito, along with Chief

7:10

Justice John Roberts and fellow Justice

7:12

Katanji Brown Jackson, attended

7:14

a meeting of the Skotis

7:16

Historical Society, where any member,

7:19

and membership starts at $50 for students, and

7:22

are open to the public, anyone can register and

7:24

attend. There is, as part of this particular meeting,

7:26

there was a ticketed meet-and-greet portion of the events,

7:28

where any member of the public can pay $500

7:30

to chat with a justice. Alito,

7:34

Roberts, and Jackson, they were all there.

7:36

The Daily Beast labeled this setup Secret

7:39

Society. It did

7:41

so in an article praising the,

7:43

quote, journalistic efforts of Lauren Windsor,

7:45

who bought a ticket, ran a

7:47

recorder, lied to Justice Alito about

7:49

her views, and then got him

7:51

on tape. Admitting to, well,

7:53

according to Windsor's interview on

7:56

MSNBC bias, And this

7:58

description. These are shocking comments. that listener.

8:01

They. Were Not. Samuel. Alito was

8:03

asked by learned Windsor are quote unquote Learn

8:05

Windsor she was a representing her actual of

8:07

use. Winter as as a

8:09

Catholic does Her She is and someone

8:12

who like, really cherish is my face.

8:14

I just don't. I just don't know.

8:16

We can negotiate with the last in

8:18

the way that needs to happen for

8:20

the polarization to end. I think it's

8:22

a matter of like winning. Historically.

8:25

There have been societal ideological clashes of

8:27

ideas and sometimes pluralism prevails and can

8:29

all live side by side. Or we

8:32

could all have our own separate ways

8:34

of enacting are face and living our

8:36

face and a new consensus emerges that

8:39

also occurs. but sometimes one side does.

8:41

When in gay marriage, one side one

8:43

and it wasn't a lead on the

8:45

side. With that in mind, here's a

8:48

widow's analysis of this Catholic right when

8:50

women both alive by the whites who

8:52

approached him asking for his opinion. His

8:54

answer was. One side or the

8:57

others. I

8:59

don't know. In

9:02

the. Fundamental.

9:15

Things that really. Like.

9:23

It's a little difficult to here. He says. i

9:26

think you're probably right on one side or the

9:28

other. One side or the other is going to

9:30

When I don't know. I mean there can be

9:32

a way of working a way of living together

9:34

peacefully, but it's difficult, you know, because there are

9:37

differences on fundamental things that really can't be compromised.

9:39

and really campaign. That

9:41

seems not only exactly what some might say

9:43

of their approach at a public event by

9:45

a person with strong opinions. Yes, you're probably

9:47

right, but you know your maybe a little

9:49

wrong. There is a path towards compromise, but

9:51

with something there isn't. So not only that,

9:53

but also we should note that it's a

9:55

thing that's not shocking, disturbing, or improper for

9:57

a judge or any public figure to say.

10:00

Here's how Msnbc, Joy Reid and her

10:02

interview with Lauren Windsor described it: I'm

10:04

were you surprised at how candid he

10:06

was about saying one side of the

10:08

other? it's going. To win a solid we

10:10

can split the difference is essentially saying. Is

10:12

a great yes. We need to win this culture war.

10:15

Know you never said we. He never said got to

10:17

and he never said culture war. If. You'd

10:19

like to a his heir. The tape

10:21

is characterized. The answer is smear him

10:23

Well, you're going to have many minutes

10:25

of Tv programming. I will give you

10:28

that. You're also creating something of a

10:30

drum loop of criticism that may start

10:32

out as fair. What's the upside down

10:34

flag for the appeal to? Haven't Mr.

10:36

Justice dwarves? It's totally unfair. He advocated

10:38

for winning the culture war to self

10:40

perpetuating. Windsor. Read the

10:43

right up in the daily news,

10:45

all emphasizing how the A Leaders

10:47

view themselves as victims of unfair

10:49

media scrutiny. Large. In

10:52

this particular instance, a liar misrepresenting

10:54

herself gets them to say nothing

10:56

much. Certainly nothing much out of

10:59

character. And they attempt Msnbc does

11:01

The Daily Beast? Does Rolling Stone

11:03

does attempt to make huge news

11:06

out of it's a one of

11:08

the quotes Mrs. Alito, a private

11:10

citizen who unlike Judy Thomas, had

11:13

no no public involvement in political

11:15

activism, was secretly taped, essentially saying

11:17

how resentful she was use the

11:20

Italian word for vengeance. I'm

11:23

Italian. I'd. Be resentful to. You.

11:25

Might be too few new her as an actual

11:27

person. Human being on the earth with feelings was

11:29

like to be spat at a called the C

11:32

Word. I mean if you already hated her for

11:34

her husband's views, you wouldn't think that. But.

11:36

Now that Mrs. Alito has demonstrated

11:38

her human capacity to be provoked

11:40

by provocations, you can be assured

11:43

that the provocations will keep coming

11:45

from. Provocateur is like Windsor and

11:47

the networks eager to fuel the

11:49

fire of outrage. umbrage taking

11:51

and inflation thereof this weaponized

11:53

tactic of trickery misrepresentation casting

11:55

aside of ethical pretense in

11:57

the name of targeting the

11:59

enemy That was rightly decried when

12:01

used by disgraced pseudo-documentarian James O'Keefe of

12:04

Project Veritas. Now, the left is doing

12:06

it themselves. Lauren Windsor will say, I

12:08

use my own name. That's true, and

12:11

it's about the only true thing of

12:13

her methods. Look, here's

12:16

the bottom line. I don't

12:18

think the Supreme Court's reputation and

12:20

legitimacy should be preserved at all

12:22

costs. Some of the

12:24

damage to their legitimacy is because of

12:26

Clarence Thomas taking all those gifts, and

12:29

his wife having done so much to

12:31

sully that reputation. Perhaps you

12:33

can argue, I'm open to the

12:35

argument that Sam Alito and Flying

12:37

the Flag was improper. I do

12:39

think his jurisprudence often results in

12:42

rulings that set back America. But

12:44

the media, both fringy and powerful,

12:47

have a role to play in

12:49

pushing along the narrative of illegitimacy.

12:52

And they do so through vituperation. It's

12:54

an irresponsible act. No one looks

12:56

good. Amendment. Someone

12:59

might look good. And that

13:01

person is John Roberts, the actual Chief

13:03

Justice, who was asked by, quote, Lauren

13:05

Windsor, a leading question. I really feel

13:08

like we're at a point in our

13:10

country where the polarization is so extreme

13:12

that it might be irreparable. I

13:15

don't think that. I think that. The polarization

13:17

is extreme. It's like the Civil War. We

13:19

did that. Very Vietnam.

13:21

People are getting killed. I

13:24

was there in Vietnam. It's like, this is all right.

13:28

But it's not like it's dramatically different

13:30

people. It's a common thing. People

13:33

don't expect it's like, this is so extraordinary.

13:35

I don't know. So

13:37

you don't think there's like a role

13:39

for the court in like guiding its

13:41

toward a more moral path? No,

13:44

I think the role for the court is deciding the case.

13:47

Well said. Judiciously said.

13:49

A rebuttal to the idea of

13:51

a court in extremis. Of

13:53

Course, no one called his wife the C

13:55

word, but who knows? Maybe That's the next

13:57

step in the recriminatory doom loop. We.

14:14

Already knew a lot about Clarence

14:16

Thomas in his definition of ethics

14:18

and conflicts of interest, specially when

14:20

it came to his family, but

14:23

Pro Publica has put more meat

14:25

on that bone detailing the extravagant

14:27

vacations Justice Thomas has taken in

14:29

the company of Texas billionaire Harling

14:31

pro government types of which Thomas'

14:34

not are upset with the value

14:36

of the trips their upwards of

14:38

half a million dollars or would

14:40

be had Thomas paid for them

14:42

on his own a. Come on,

14:44

who's gonna pay for a trip like

14:47

that on a government salary? Especially when

14:49

you have a friend. a good friend.

14:51

the Moon companion thanks to clone some

14:53

island hopping join us is a private

14:55

with an empty seat. What we're going

14:57

to jawbone about: Eminent Domain? Why would

15:00

I, a major property developer care about

15:02

that? This Harling Crow of whom I

15:04

was just embodying.into the character for a

15:06

second there. He is quite an American

15:08

character, as Lionel Barrymore played him in

15:10

the first half of the twentieth century,

15:13

and then robber prosaically. Took over in the

15:15

eighties. I thought I could rely on your honor

15:17

hops. You're about to. Food

15:20

is foolish man. For

15:23

nine cents. Now

15:27

the city may have read about. The

15:29

guy is he likes collectibles. mean it's

15:31

wrong to same him for being some

15:33

sort of fanboy. The Dallas Morning News

15:36

and Twenty fourteen wrote an article history

15:38

of Bounds inside Harlin Crows Home. The

15:40

State in Highland Park is rich with

15:43

artifacts, documents, sculptures and more. Here's how

15:45

it starts. Dallas real estate investor Harlan

15:47

Crowed as want to be misunderstood. although

15:50

he and his wife sassy have agree

15:52

to open their highland park home or

15:54

grants to ticket holders for the park

15:56

city's historic preservation society toward he's reluctant

15:58

to talk about what many would

16:01

consider the most fascinating aspect of

16:03

an endlessly engrossing piece of property.

16:06

He'd rather focus on the library, not the sculpture

16:08

garden. What's in

16:10

the sculpture garden must be

16:13

pretty bad if this was

16:15

what he wanted to talk about in

16:17

the library. The news goes on to

16:19

report, quote, protected in cabinets, document signatures,

16:22

read Ponce de Leon, Christopher

16:24

Columbus, Amerigo Vespucci, George Washington,

16:26

Robert E. Lee, and all

16:29

the signers of the Declaration

16:31

and Constitution. In other

16:33

words, slaver, slaver, slaver, slaver, and

16:35

more than half slavers. Times

16:38

change. We're not as sensitive as we

16:40

are now. But even in 2014, he

16:42

was pretty sensitive about what was

16:45

in the sculpture garden, a lot

16:47

of sculptures of dictators.

16:49

But one fact jumped out at me

16:51

about Harlan Crow. He

16:53

was very involved with befriending

16:56

and promoting Clarence Thomas, not

16:58

for any reason other than the

17:01

fact that he really wants to

17:03

build museums and monuments to Clarence

17:05

Thomas. According to ProPublica, Crow's foundation

17:07

gave $105,000 to Yale Law School,

17:12

Thomas's alma mater, for the Justice

17:14

Thomas Portrait Fund tax

17:17

filing show. ProPublica also

17:19

reports he donated large amounts to

17:21

centers for the study of Clarence

17:23

Thomas, and today it was disclosed

17:25

he paid over $100,000 to

17:29

purchase Clarence Thomas's mother's

17:31

house while she was

17:34

living there. And as owner, he

17:36

made tens of thousands of dollars worth

17:38

of improvements. Not as a way to

17:40

indirectly but quite blatantly funnel money to

17:42

a Supreme Court Justice. No, just because

17:44

he wanted to make a museum. Quote,

17:47

my intention is one day to create

17:49

a public museum at the Thomas home

17:51

dedicated to telling the story of our

17:53

nation's second black Supreme Court

17:55

Justice. Crow said in a statement,

17:57

quote, I approached the Thomas family. about

18:00

my desire to maintain this historic site

18:02

so future generations could learn about the

18:04

inspiring life of one of our greatest

18:06

Americans. And look, I love

18:09

visiting Supreme Court Justice tourist attractions. I

18:11

mean, I took the family on vacation

18:13

to Abe Fortis land just this last

18:16

summer, and I cherish my childhood memories

18:18

at Warren Burgerberry Farms to say nothing

18:20

of Earl Warren Wood. But

18:23

I'm not sure the Clarence Thomas

18:25

sightseeing market is what Harlan

18:27

Crow assumes it to be. That's

18:29

being far be it for me to tell a successful billionaire

18:31

and collector of artifacts and court justices

18:33

how to do his business. But

18:35

I do wonder if there is, I

18:38

don't know, some sort of non-revenue

18:40

play behind the Clarence

18:42

Thomas birthplace and two

18:44

vacant lots museum. And

18:51

that's it for today's show, the Saturday show. Cory

18:54

Warra produces, Joel Patterson, Sr.

18:57

produces. And we'll talk to you on

18:59

Monday.

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