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Sometimes, These F*ckers Lose

Strict Scrutiny

Hosted by Melissa Murray

1h 31m
Transcript

Original podcast

Summary

Written by a model from the transcript; not yet reviewed.

In this episode of Strict Scrutiny, host Melissa Murray and guest host Ellie Mustal break down recent primary election results, including a major defeat for a Missouri ballot measure that sought to raise the constitutional amendment threshold and a failed Kansas amendment targeting abortion rights. The discussion then turns to a wave of Article II developments, featuring the Department of Justice dropping charges against January 6th insurrectionists, an indictment of the Southern Poverty Law Center, and the Senate confirmation of Todd Blanch as Attorney General following tense questioning by Republican senators like John Cornyn and Tom Tillis. The hosts also examine recent executive orders targeting birthright citizenship, administration friction around food inspection, and the American Bar Association's vote to maintain standard 206 regarding law school diversity.

  • Missouri voters defeated a legislative ballot measure that attempted to make citizen-sponsored constitutional amendments harder to pass. 7:56
  • Kansans successfully crushed a proposed state constitutional amendment that would have required state Supreme Court justices to be popularly elected. 10:22
  • The ABA House of Delegates voted to maintain standard 206, rejecting a proposal to eliminate law school diversity accreditation requirements. 1:02:09
  • President Trump signed two new executive orders targeting birthright citizenship exceptions for children of foreign government employees and birth tourists. 1:13:37

Chapters

  1. 0:00
    Podcast Intro and Sponsor Announcements

    Hosts introduce the episode, promote sponsors, and set the stage for the legal discussion.

  2. 9:00
    Ellie Mustal Joins as Guest Host

    Melissa Murray welcomes Ellie Mustal, sharing light banter about their summer break and personal anecdotes before diving into the main content.

  3. 12:00
    Breaking News: Primary Election Outcomes

    The hosts recap the recent primaries, highlighting victories for progressive candidates and the impact on reproductive rights and court reform.

  4. 17:00
    Missouri and Kansas Ballot Measure Failures

    Discussion of how Missouri and Kansas voters defeated Republican-backed measures aimed at restricting direct democracy and reproductive freedoms.

  5. 23:00
    Court Reform Debate and Progressive Candidates

    Analysis of progressive candidates' positions on Supreme Court reform, term limits, and the importance of addressing judicial power.

  6. 30:00
    Todd Blanch and DOJ Settlement Controversy

    Examination of Todd Blanch's role in the DOJ settlement, the anti-weaponization fund, and the political maneuvering surrounding his confirmation.

  7. 40:00
    Jeanine Pirro and the Reflecting Pool Case

    The hosts discuss the case involving Jeanine Pirro, the reflecting pool vandalism, and the broader implications for DOJ actions and political accountability.

  8. 50:00
    Closing Remarks and Final Thoughts

    Melissa and Ellie wrap up the episode, reflect on the week's events, and tease future content for listeners.

  9. 54:15
    Justice Department Subpoenas Target Journalists

    The DOJ’s aggressive subpoena tactics against journalists are discussed, highlighting the chilling effect on media coverage.

  10. 56:47
    Chilling Effect on Small News Outlets

    The conversation examines how smaller outlets lack resources to defend against subpoenas, leading to self-censorship.

  11. 1:03:50
    Standard 206 and the ABA’s DEI Debate

    The ABA’s decision to keep Standard 206 amid political pressure is explored, underscoring its role in law school diversity.

  12. 1:14:04
    Birthright Citizenship Executive Orders

    The Trump administration’s new orders expanding exclusions from birthright citizenship are analyzed, including their legal implications.

Highlights

  • 8:49

    Missouri Defeats Restrictive Ballot Measurestory

    The Missouri state legislature tried to require a majority in all eight congressional districts for citizen-sponsored amendments, but voters defeated the measure at the ballot box.

  • 10:18

    Kansas Defeats Supreme Court Amendmentstory

    Kansans flooded the polls to crush a ballot measure that would have forced state Supreme Court justices to be popularly elected instead of appointed by the governor.

  • 18:47

    Judges Dismiss January 6 Chargesdata

    Federal judges Timothy Kelly and Amit Mehta reluctantly dismissed charges against members of the Proud Boys and Oath Keepers following Department of Justice requests.

  • 27:00

    Todd Blanch Confirmation Processdebate

    Despite concerns over a proposed anti-weaponization fund and tax immunity deals, senators John Cornyn and Tom Tillis ultimately voted to advance Todd Blanch's nomination.

  • 30:16

    Cornyn Presses Blanch on Settlementdebate

    Senator John Cornyn pressed Todd Blanch during hearings on whether the controversial anti-weaponization settlement fund was truly dead and legally unenforceable.

  • 54:31

    DOJ Subpoena to Journalistinsight

    The Justice Department issued a subpoena to a New York Times freelancer to compel the revelation of confidential sources regarding a failed North Korea mission.

  • 1:13:37

    Executive Orders on Citizenshipinsight

    President Trump signed two executive orders targeting birthright citizenship by narrowing definitions for foreign government employees and birth tourists.

Quotes

  • “If you're looking for an empowered community to join, take a look at what's going on with AU.”
    Melissa Murray · 1:06
  • “But filing lawsuits, changing policy and community advocacy don't happen on their own.”
    Melissa Murray · 0:57
  • “The state legislature in Missouri was literally trying to shit on democracy.”
    Melissa Murray · 9:05
  • “It seems like the goal is scaring the shit out of individual journalists and their families”
    Melissa Murray · 55:48
  • “The goal was to drain Gawker of resources fighting the lawsuit”
    Unnamed speaker · 57:36
  • “The ABA's House of Delegates ultimately voted to maintain standard 206”
    Unnamed speaker · 1:02:09
  • “The first order excludes from birthright citizenship, children born in the United States to members of foreign terrorist groups”
    Melissa Murray · 1:14:04
  • Americans United for Separation of Church and State 0:00–0:57
  • BetterHelp 19:52–22:40
  • Zbiotics 40:06–41:18
  • Aura Frames 42:00–43:36

About this episode

Melissa and Justice Correspondent for The Nation Elie Mystal https://www.thenation.com/authors/elie-mystal/ sift through the results of last week’s primaries, including good news from Missouri and Kansas, with a detour on why Michigan Senate candidate Abdul El-Sayed needs to shape up on Court reform. Then, the latest installment of Todd Blanche’s confirmation process for Attorney General and the many misdeeds at the department he hopes to permanently lead: letting insurrectionists off the hook, the targeting of the Southern Poverty Law Center as well as a progressive judge who used to work there, and assaults on the fourth estate. Also: welcome to the resistance…Jeanine Pirro? And finally, a late-breaking update on the Trump administration's continuing war on birthright citizenship. Favorite things: Elie: Jouppi v. Alaska https://www.scotusblog.com/cases/jouppi-v-alaska/ Melissa:Crash Into Me https://bookshop.org/p/books/crash-into-me-a-novel-robinne-lee/55102bfc505d0261?ean=9781250412751&bkshp-astro=t, Robinne Lee Follow us on Instagram https://www.instagram.com/strictscrutinypodcast/?hl=en, Threads https://www.threads.net/@strictscrutinypodcast, andBluesky https://bsky.app/profile/strictscrutiny.bsky.socialGet tickets for STRICT SCRUTINY LIVE on November 6th in Washington, DC: Crookedcon.com http://crookedcon.com/Buy Melissa’s book,The U. S. Constitution: A Comprehensive and Annotated Guide for the Modern Reader https://bookshop.org/p/books/the-constitution-annotated-for-the-contemporary-reader-melissa-murray/8e7f0dfa472fc3ca?ean=9781668221938&next=t&Buy Leah’s book, Lawless https://bookshop.org/p/books/lawless-how-the-supreme-court-runs-on-conservative-grievance-fringe-theories-and-bad-vibes-leah-litman/5b562d6fcb316d6e?ean=9781668054642&next=t, now out in paperback Follow us onInstagram https://www.instagram.com/strictscrutinypodcast/?hl=en,Threads https://www.threads.net/@strictscrutinypodcast, andBluesky https://bsky.app/profile/strictscrutiny.bsky.socialFor a transcript of an episode of Strict Scrutiny please email [email protected] mailto:[email protected]

Transcript

0:00
1:31:06

15,301 words · 8 speakers

Speaker names marked are inferred from speaking time and the show’s known hosts — they are not voice-verified.

Topics

  • Supreme Court
  • Department of Justice
  • Standard 206
  • SPLC
  • ABA
  • Gawker
  • Trump administration
  • New York Times
  • North Korea
  • Above the Law

Page updated · transcript and summary are machine-generated