0:02

Mr. Chief Justice, may it please the

0:04

court? It's

0:06

an old joke, but when a argued man

0:08

argues against two beautiful ladies like this, they're

0:11

going to have the last word. She

0:15

spoke, not elegantly, but

0:17

with unmistakable clarity. She

0:20

said, I ask

0:22

no favor for my sex. All

0:25

I ask of our brethren is

0:27

that they take their feet off

0:30

our necks. Welcome

0:44

back to a new year of Strict

0:47

Scrutiny, your podcast about the Supreme Court

0:49

and the legal culture that surrounds it.

0:51

I'm your host, I'm Leah Litman. I'm

0:54

Melissa Murray. And I'm Kate Shaw. And a very

0:56

happy new year to everyone. And

0:58

to celebrate, we are bringing you a

1:00

special New Year's episode with a very

1:02

special guest, Jonathan Van Ness of Queer

1:04

Eye and Getting Curious with JVN. Jonathan,

1:07

welcome to Strict Scrutiny. It's such a pleasure to have you.

1:09

Thank you so much for having me. I love you guys

1:11

so much, such a fan, and so happy to be here.

1:13

And happy new year! You're

1:16

the first guest of 2024, which means

1:18

that this is going to be the

1:20

most auspicious Strict Scrutiny year ever. So,

1:23

listeners, Jonathan was kind enough

1:25

to have us on Getting

1:27

Curious with JVN, where he

1:30

anointed us the Destiny's Child

1:33

of Law professors. We

1:35

had such a good time just riffing

1:38

with you on your show, and not

1:40

just because of the Destiny's Child reference,

1:42

but we said we've got to

1:44

extend this magic into a new year.

1:46

And we wanted to have you on

1:48

our show. So, thank you so much

1:50

for being here. And, as Kate mentioned,

1:53

it's a very special New Year's episode.

1:55

It's a vehicle for starting the year

1:57

off right. And everyone is

1:59

thinking about... their own New Year's resolutions.

2:01

And I imagine the justices, at least

2:03

some of them, are also thinking about

2:05

how to change their ways and start

2:07

this year off right. And so we

2:09

thought, why don't we help them?

2:11

We're all about service here, and

2:14

we wanna help them be better.

2:16

And JVN, we know you wanna

2:18

help them be better. So we're

2:20

gonna help them out. We're going

2:22

to celebrate their flaws and

2:25

perhaps propel them into a better

2:27

2024 with some

2:29

cheerful shade with none other than

2:32

the empresario of

2:34

shade, JVN. Is

2:37

that an intro or what? It

2:39

was a really strong intro.

2:42

With the new old ethics code that

2:44

the justices took on last year, I

2:47

just don't know. I mean, do we have

2:49

anything else to ask for? Like, it's fixed.

2:52

No, no, no, no, no, no. They're literally like, they're

2:54

so ethical. I

2:57

almost feel like we just, I'm

2:59

scared. Are we gonna get in

3:01

trouble for them being so ethical? I

3:03

mean, we're definitely in the good place

3:06

now. So, yeah, let's check. I'm sorry we

3:08

freaked out on them so bad. No,

3:10

we really, oh, I think we owe Justice

3:12

Thomas an apology. I

3:14

think they owe me. I think they owe me. Mostly

3:16

Thomas. Justice understanding. And they cleared it up, and I'm

3:18

so grateful they did. Well, we will

3:20

still try to find some constructive input that we

3:22

can give to the justices, even

3:25

after the ethics code. And the way we're

3:27

gonna do that, I think, is just to

3:29

march through the justices one by one. We'll

3:31

go in order of seniority. And

3:33

we are gonna try our best to launch them into

3:35

2024, a better than

3:37

ever, or at least the best versions of themselves that

3:39

they can be, given what

3:41

we all have to work with. This part of

3:43

the episode is called, Siriatim's Shade.

3:47

I'm just having such a physical reaction

3:49

to listing them in order of seniority.

3:52

It makes me feel like when you're gonna talk about the

3:55

magnificent seven, obviously, the 1996 women's gymnastics team that

3:57

won our first team gold medal. We

4:00

were talking about like 92, which is like our first team

4:02

medal. We got a bronze, but it's like when you're like,

4:04

like thinking about all of them in seniority

4:06

order is just like a whole other level. Like

4:08

you guys are on this whole other fucking level.

4:11

There's this seniority order just like takes it to

4:13

this whole other place for me. I'm a because

4:15

I don't even know if I can can I

4:17

think of that off the top of my head?

4:19

I don't know. We're happy to take the

4:21

lead on it. But it is a little

4:23

bit of a send up of the ridiculousness

4:26

of that institution in that they do literally

4:28

everything in order of seniority. They sit they

4:30

speak at least in conference, not in the oral

4:32

arguments. Like part of it is

4:35

in seniority order and part of it is just

4:37

kind of a free for all. But it is

4:39

just like a wildly hierarchical institution. And yeah, Melissa,

4:42

tell JVN about who has to get the door at

4:45

conference. This is so wild. You'll hate that. They

4:47

sit they sit in well, it was okay, you

4:49

know, a year ago for the year. It's the

4:51

most junior justice, the newest member of the court

4:53

has to get up to answer the door when

4:55

they're in their private conference and someone knocks to

4:58

drop off a paper or a cup of tea

5:00

or what have you. And poor Justice Breyer for

5:02

like a decade. That was him. It was a

5:04

really long run of him as the most junior

5:06

justice. And then of course, the Trump Justice came

5:08

in and and it was it was it was

5:10

Barrett, you know, here in change ago. But

5:13

now it is our girl, Justice Jackson. No, we

5:15

want better for her. We want better for

5:17

her. This is why Sam needs to retire,

5:19

right? So we can get someone else into

5:22

the door. Free KBJ

5:24

lead. Right. I mean,

5:26

honestly, it's kind of like a pretty

5:28

significant reason. Like, I don't think she should have to like

5:31

this is a black woman on the

5:33

court getting the door. No one thought this

5:35

through. No one's got this. We need to

5:37

write an amendment. They should put that in

5:39

the code. Yeah. Like how about the big

5:41

or the Constitution? Yeah, the Constitution. Like whoever's

5:44

like much like who's ever like the biggest

5:46

asshole should have to get the door. If

5:48

that was the if that was the but a

5:50

lot of people would be running for the door.

5:52

That's the problem. Depending on the day, it would

5:55

be Sam or Neil. They should Do like

5:57

a team vote. Like If it was a team vote, I

5:59

Wonder who they are. It would vote like a

6:01

bit like an anonymous ballots and rate.

6:04

I think they mostly heat new them. Oh

6:06

yeah, I know. I think he probably would

6:08

have voted off I think in a secret

6:10

ballot. Leto to kind. Of.

6:13

Actually they then actually maybe someone

6:15

who we like will get voted

6:17

off because it as dangerous as

6:19

are ya. I would worry about

6:21

race or to my or oh my God Have Mercy

6:23

is not afraid! Of the patriarchy

6:25

she tells them about and also like

6:27

not to be that person who complements

6:29

like the supreme court justice affair but

6:31

like her waves and her hair tie.

6:34

I just for of our path is

6:36

hop in there and they always our

6:38

bed now a bus or facts are

6:40

facts. Don't know if I love. Her.

6:42

Hair so mats he has great you

6:45

know who their I don't like of

6:47

my it's. And listening,

6:49

Sydney Thomas I've and. Like

6:54

either to the public as is like, also like,

6:56

is not working for her like with all that,

6:59

you know, elicit dark money for him and. Can

7:01

say because it's full of anthrax and. All

7:03

that robson money out of what is the be

7:05

all I want to see beyond sea level our

7:08

that out of a loud said he led us

7:10

as let it come out of he added the

7:12

correspondence fall I want like a say I'm like

7:14

at the base of the stairs that doing wrestling.

7:17

And blow guys. And then when it rings and then

7:19

when it blows of the windowsill reveal late. Ah,

7:22

What's that word? I'm what they call

7:25

the U S after it turned into

7:27

Gilly. Ah yes winning with like with

7:29

a week has a good spells out

7:31

like silly ad agency last time you

7:34

w. Move Anyway, been

7:36

a bad. I'm sorry about that Years I

7:38

I'm sorry. I know you know I I.

7:40

I think we're getting out some resolutions for free and

7:42

right we just wanted to. Any sending a wizard kind

7:45

of gets to the just. Go as do

7:47

at yeah I set up first.

7:49

First. Among Equals. The. T

7:51

Css of the United States. What?

7:54

Are the possible New Year's resolutions

7:56

for this? Institutional.

7:58

Steward to know. Or put

8:00

your foot wrong. Except when

8:02

Congress comes calling. For. A subpoena.

8:05

All put went out there. I want

8:07

to see him try to t m

8:09

those feral cats and safe eating leopards

8:11

that he sits on the court with.

8:13

He needs to get control of his

8:15

piece. Of a. You.

8:18

Really can do better guys. Why?

8:21

I would like to see the Chief Justice.

8:23

Put. A little more flair

8:25

into his work and just

8:28

a few. Mean Sartori? I

8:30

mean arterial. Flair Chief Justice Rehnquist brought

8:32

the noise like he would take a

8:34

while to get there but he put

8:36

some bars on his sleeves and he

8:38

he got this from a Gilbert and

8:40

Sullivan operetta and I'm I need to

8:42

see a little flair like you've been

8:44

in this job for like a zillion

8:47

years. It's time to make it your

8:49

own and and not just wears a

8:51

could a would or should at ethics

8:53

code like something zag like I keep

8:55

robe. Orb. Some bars but like make

8:57

it your own. I know it's. A New

8:59

Year and also that the overturning of

9:01

Row was actually and Twenty Twenty Two

9:04

which was. Pregnant. Mind blowing but

9:06

like I can't believe you did that. Still

9:08

like I I don't know why a cat

9:10

but it's that fucking guy these people are

9:12

just so to get over it I just

9:15

as we're not overly oh yeah yeah we

9:17

did. Actually are you to come to the

9:19

defense say I'm playing? I will even be

9:21

doing that but didn't He bows is why

9:23

Able to over to know he's to see

9:26

Jimmy. Going to overturn Roe this is why he

9:28

needs to get control of his face. Eating leopards

9:30

and feral cats that he sits where it was.

9:32

The other me live republican goals his own. It.

9:34

Over and Over weight, cohesive and is that

9:36

a Chief Justice didn't vote to overturn. He

9:38

joined them to agree that the miss.

9:41

Mississippi. Law should be allowed to

9:43

stand. He just said, well, we don't really

9:45

have. To do it today. so I didn't overturn Roe

9:47

with technically true, wouldn't have overturn Roe in a couple

9:49

of years. I would never say none of us who

9:51

had been know he did not vote. He did not

9:53

join the part of a little opinion that overturned. Row.

9:56

Does. Everyone know that. Maybe.

9:59

Maybe not. Now they jail and religious.

10:01

My li as resolution is like literally

10:03

number one for him. like he's gotta

10:06

like. Be. Achieved just says.

10:08

And more than just name, no

10:10

more Chino. Serious. Chief

10:12

Justice. And. And

10:15

I'll throw couple more puzzle resolutions into

10:17

the mix. One. To testify. Before

10:19

Congress, right? you've been invited. You basically gave them

10:21

the back of a hand if you actually think

10:23

that you guys are kind. Of cleaning up,

10:25

shop and do it here to rigorous

10:27

ethic standards. I mean the Sidebar? No,

10:29

no you don't And nothing and ethics

10:31

code is so give any comfort. It's

10:33

really this kind of anti ethics code

10:35

as we talked about on the show.

10:37

It does in some ways less than

10:39

nothing. On, but stand up in

10:41

front of the congress and front of

10:43

a country and defend yourself near institutions

10:45

essentially. sort. Of put up or shut up I

10:47

I I guess I would say as opposed to this

10:50

like little document you just put out and then don't

10:52

actually have to answer any questions about. So that's my

10:54

advice on wrong. I'm. In a piggyback

10:56

on that. Also be better at

10:58

investigating leaks. Vegas. No

11:01

more of this inspector Gadget

11:03

nonsense like get a real

11:05

investigator way to.the. dude arguments

11:07

the ethics code. You

11:10

know that, like airport ethics code and the

11:12

report on the investigation into the source of

11:14

the Dobbs League were pretty embarrassing documents Both

11:16

of them. So if you're going to try

11:19

to do things you know as an institutionalized

11:21

step outside of the role of just issuing

11:23

these racial tensions. And actually, you know, do.

11:26

Work. In other. You. Know lanes

11:28

are venues. Do. A

11:30

less embarrassing. Job I'd like

11:32

to. Submit. A piece

11:34

of evidence am I hope it on

11:37

earth as it can you see creepy

11:39

nails. I've never noticed this about him

11:41

but not suffer. Wow and that say

11:43

hour for know what. What what they

11:46

look like? Can you describe them like are

11:48

they sort or they lay had already. Nails:

11:50

They're not dirty but I do feel

11:52

that the nail length is of really

11:54

put soulier length. It's a weird save

11:56

their very square and and flat. But

11:58

and or not. They're on. they're not

12:01

sure, but they're not longer. This release it

12:03

long enough that a straight mid westerner would

12:05

be like are you have. Are

12:07

you do like. You know the

12:09

fuck were you nailed? It sounds like

12:11

you're describing the cell like square area,

12:13

man, a killer. There were a man

12:15

and I or and my resolution for

12:17

him would be to let's get real.

12:20

You know. Let's get real less get

12:22

curious. This is why we needed

12:24

to have you on. For the New

12:26

Years resolutions. Wow, Yeah, that's what I think

12:28

about him. With us

12:31

as citizens six her John references under let

12:33

us know I thought that up on my

12:35

computer of a mess up i grew up

12:37

your whole the of Alaska a lot of

12:39

the i would have a laptop is around

12:42

with you There was a revelation the I

12:44

know is that give you believe that if

12:46

I was like off of it grab my

12:48

for a human spirit of it's a good

12:51

seats are referred to as though yeah it's

12:53

oddly saves mail order I have not yet.

12:55

As we have not listened have enough, We

12:57

need to look at him more often. You

12:59

guys we don't know what he looks like.

13:01

We need The people need said know who

13:03

the fuck this man has. Has

13:06

well it's hard to top that with the

13:09

other as loses his. Yeah, and and

13:11

yet we do have some other just as. Yeah. We

13:13

have the other or that's worth of morbid.

13:15

I'm sorry about that now of sales

13:17

Kamala goes well as the don't play let's

13:19

Go We got this. Who

13:22

that's. What's

13:26

important is that was to go off and

13:28

on the ones that I will say well

13:30

as such as they couldn't see but Melissa

13:32

did merely fall out of her it's hero

13:34

one of rice and ago I can confirm

13:36

as a whole as the i don't know

13:38

enough hard as I've ever vigilant what has

13:40

a say I buy only responses. Think.

13:42

You're an ideological. I will

13:44

better all we all the way our I bring

13:47

out and and desire and while I get it

13:49

you know I am going on fewer I am.

13:51

I have more days this year so you know

13:53

that. It's a little taste of my comedy right

13:55

there. so if you'd like the more, it's mostly

13:57

were buddies. Around New Years resolution then I

14:00

think we need to send the justices to

14:02

your comedy to. Earn you know I could

14:04

probably fix like queer rights and trans rights

14:06

and everything on sick as yeah I need

14:08

to do that. Daily. Around

14:11

and I'm not so calling. Know

14:13

thousand and it's a federalist society. Gather and. You.

14:18

Have absolutely left my composure

14:20

in shambles and so sorry

14:22

as a segway. Justice Thomas

14:24

last twenty twenty three and

14:26

shambles as and there's no

14:28

other way to put it.

14:30

cel. After accepting boarding school

14:32

tuition from Harlem Crow for

14:34

his grandnephew/ward Justice Thomas Six

14:36

his safe to say this

14:38

about affirmative action. So let's

14:40

roll this. Tape. The original

14:42

sin of slavery and the

14:44

historical subjugation of Black Americans

14:46

do not do the term

14:48

in our lives today. To.

14:50

Believe otherwise would lock us

14:52

into a seemingly perpetual inferior

14:55

cast. This is irrational. It

14:57

is an insult to individual

14:59

achievement, and cancer is too.

15:01

Young minds. If an applicant

15:04

has less financial means than

15:06

surely a university may take

15:08

that into account. Just.

15:10

As it may take into

15:12

account and applicants ability to

15:14

overcome any other difficult circumstance.

15:17

With. The university cannot do. Is.

15:20

Use the applicant skin color as

15:22

as you rustic assuming that because

15:24

he is blood. He. Therefore,

15:26

conforms to the university's

15:29

simplistic view of an

15:31

abstract average black person.

15:33

North and universities favors

15:35

certain race over Asian

15:37

Americans in their mission

15:39

decisions. Today tomorrow, the

15:41

popular, an unpopular races

15:43

may well change places.

15:46

The. Equal Protect Equal Citizenship

15:48

guarantee codified in the Fourteenth

15:51

Amendment made us all citizens

15:53

of one nation. Governed

15:56

by one constitution. The.

15:58

Court to Day lives up to the

16:00

promise of the second founding. And.

16:02

Ensures that the promise of

16:04

equal citizenship continues to be

16:06

fulfilled. There's a lot

16:09

here, but I think first

16:11

and foremost it seems very

16:13

clear that Justice Thomas says

16:15

inner child needs to stop

16:17

inflicting has trauma on this

16:19

entire country. So my number

16:21

one resolution for Justice Thomas.

16:24

Is. To take your concurrence,

16:26

incidents are fair. Admissions. To.

16:28

Therapy that is so it

16:30

to a train therapist item

16:33

is not Jenny an innocent

16:35

then do the work, just

16:37

do the work. There. Be

16:39

really good. While we're throwing things out,

16:41

you know when you're done with that.

16:43

Another resolution, although this one might be

16:46

a revolution would be to pay for

16:48

something yourself said a while it get

16:50

your own suffered know whether you're related.

16:52

resolution is to make a friend to

16:54

school there and make one friend who

16:57

doesn't have anything to give you has

16:59

a some kind of non transactional. French

17:01

remind our for a person to be

17:03

a friend. It

17:05

can be anyone. Find a person who doesn't. Need

17:07

anything from you and is not going to give anything.

17:10

To you and actually just forge a human

17:12

bond with them? Feel like this is something

17:14

that piece prioritize. And twenty twenty four. That.

17:16

Was like such a classy and

17:18

that that's why dollar the destiny

17:20

child of law professor like right

17:23

there. like start. So classy, beautiful,

17:25

perfectly harmonized so balance knows ahead.

17:31

And in there is a destiny. Sales are

17:33

up. Hang around Bell South. I

17:35

mean only going the wrong way of user

17:37

in a manner as yeah he pay my

17:39

credit card bill. That Claire's don't Listen To

17:41

That. The fire

17:43

because there's a lot of independent women

17:46

who zone, you know yeah, who don't

17:48

get to be as independent now because

17:50

it's fucking decision. You. Know her as

17:52

we don't want to cater to you. Could

17:54

wear a Survivor Okay, there was

17:56

a godly man or added. On.

17:59

Go make a friend! And. You got a. Really

18:02

good as such a classy read. Make. A

18:05

friend niqab. An. N

18:07

one other free trip just

18:09

while we're very address Friday

18:11

and Friday and three tab

18:13

for a tad do not

18:15

Do Not Clarence make jokes

18:18

about buying boats as supreme

18:20

court oral arguments. They're

18:22

not sending. On just assured

18:24

question Mr. Smith says why My

18:26

curiosity where the able to salvage

18:28

those twins twelve be seventy was

18:31

a success I'm just a handful.

18:33

Points are just some as to

18:35

your own central question. Father Boat

18:37

is available for sale online if

18:40

you have a half million dollars.

18:43

So so hilarious.

18:45

So very hilarious. Out of here. So much.

18:48

You want to learn how to be funny though? stadium? So.

19:00

I don't think that's a some. This is the

19:02

only. Member of the court who

19:04

could use. Some ceiling textual

19:06

or otherwise amps. I think

19:09

therapy ought to be. A

19:11

goal for Justice Alito as

19:13

well Sir. You

19:16

are seriously at risk of

19:18

challenging. Solicitor. General Elizabeth

19:20

Pray Lager or the Chief Justice

19:22

to literally site you and oral

19:25

are the hill you're close to

19:27

being the Supreme Court's answer to

19:29

Sen. Mark Twain. Mala don't run

19:31

your mouth. we can be two consenting

19:33

adults. Reagan finishers here because on perfect

19:35

and wonder now and love to do

19:37

arena was sooner but of them you

19:39

spend your bonus. Although I've gotta say

19:41

our newsletter for gonna sit down there

19:43

todo or do you know your United

19:46

States Citadels showered tease of the question

19:48

who is the Bernie Sanders of the

19:50

Supreme Court? If a lead of does

19:52

try to fight and advocate who who

19:54

rains I'm in. I think it would.

19:56

Be the chief Justice I think Kagan I

19:58

feel were taken one. rights

22:00

from women leaves you parched and

22:02

papery. And so I

22:04

honestly miss the days when Justice

22:06

Alito's skin was thin, but

22:08

dewy. Yeah, and there was a

22:11

difference. There is a different, like, so I

22:13

really, he needs to drink more

22:15

water, he needs to moisturize. That

22:17

there's probably more, like, there's more he can do.

22:20

The skin is the least of it. You

22:23

know, to the extent we're moving off

22:25

of skincare, I would just add, like,

22:27

do not correct, or second guess Justice

22:29

Kagan's characterizations of opinion she has written,

22:32

or she will challenge you to a

22:34

verbal and or written fight, and you

22:36

will lose in general. No mansplaining, no

22:38

Samsplaining. Samsplaining. This is 2024. Here's

22:42

a clip of him in the past

22:44

doing so. Well, Mr. Gore, I thought

22:47

your argument was that at

22:49

least as a practical matter, in a

22:52

case in which there is no direct

22:54

evidence, or virtually no direct evidence, there

22:56

is no way in

22:58

which a plaintiff can disentangle

23:01

race and politics, except

23:03

by providing an alternative map. I

23:05

thought that was your legal argument.

23:07

That is. And that's

23:09

exactly what Cooper says is not the case. Well,

23:12

one may read Cooper a different way. Leave

23:14

that crap in 2023. Should

23:17

we move on to Justice Otemayor, our

23:19

next justice in order of seniority? Here's

23:21

a fun one. So one, celebration slash

23:24

recommendation, keep doing this, which is that

23:26

continue to help your colleagues understand what

23:28

district courts do. They just

23:30

don't get it, with the exception, of course, of

23:32

Justice Jackson. And Justice

23:35

Kagan, I'm sure, on top of it too. But the rest

23:37

of them have no idea. Help them. Justice

23:39

Otemayor, you've been doing this, but keep doing

23:41

this. Help them understand that de novo review,

23:43

meaning the court just gets to decide every

23:45

single question for itself, doesn't apply

23:47

to everything. OK. That's serious suggestion

23:49

one. Less serious, but

23:52

still pretty serious suggestion. Even

23:55

more seriously. OK. So then this one

23:57

is equally serious, which is organize. Justice

23:59

Otemayor. for

26:01

sexually assaulting her. And

26:03

she said, I'm not really interested in your

26:06

money. I just want a dollar. And that

26:08

dollar is going to represent something, both to

26:10

me and to the world of women who

26:13

have experienced what I've experienced.

26:15

And that's what happened. The jury gave her a dollar. And

26:19

it was an unquestionable physical

26:21

harm. But she just asked for

26:24

this one dollar to say that

26:26

she had been harmed. Why not?

26:30

And maybe if we're on this shtick,

26:32

you could include some Taylor Swift Easter

26:34

eggs in opinions. And again, I

26:36

just want to get this all out of the

26:38

way because I know people find it irritating. But

26:41

there are other Taylor Swifts on the court in

26:43

the reviews. The other Taylor

26:45

Swift fan on the court is Justice

26:47

Jackson. So here she is in a

26:49

mock oral argument about Romeo and Juliet

26:52

with Solicitor General Prelogger. Well, you mentioned

26:54

the Taylor Swift song. Yes, she wrote

26:56

a song about love story. But she

26:59

also has another song called Bad Blood.

27:02

I mean, wasn't Friar Lawrence aware of

27:05

the fact that we were in this

27:07

situation? And here she is

27:09

bringing up Taylor Swift in Blinky versus

27:11

Freed. I'm trying to understand

27:13

how we evaluate the government

27:15

employee controlling access to private

27:18

property. You

27:20

keep focusing on the private property nature of this.

27:22

But what if we have a big concert? Taylor

27:26

Swift has a big concert

27:28

in a private area, a

27:31

park or something. And the

27:33

police recognize there are going to be

27:35

large crowds, et cetera. And so they

27:37

come and they help with the screening

27:40

of the bags. And they kick out

27:42

people who are rowdy. And they're controlling

27:44

access to this area of the

27:46

private area of this. Because

27:51

it's private, we would say that's not state

27:54

action. But

27:56

Taylor Swift could have hired a state. It's

27:58

not just the fact that. I mean, you're

28:00

not doing. Anything more than a private security card

28:03

putting them right So it's not. It's not

28:05

just we look at what what are they

28:07

doing versus what a private person could do.

28:10

For just, I'd love this. I'd

28:12

love this so much. Do we

28:14

think they. Like made a date to

28:16

go see the earth to a movie/said they

28:19

still do that. Maybe that's their. Girls

28:21

have maybe they signal like ours we it's

28:23

in our yard gotta like are. Oh actually

28:25

back into to get an actual so to

28:27

Canada So so. They. Can to leave?

28:29

Like see him Like teach you how to like. Get.

28:32

People to like. You. More

28:34

and like. For. The men

28:37

need to do that with her like the

28:39

girls ages ago. I don't really like those

28:41

while and healer need said and maybe like

28:43

the man. Or. Just like. I.

28:46

Don't know. It's a lot of pressure to put

28:48

on one person. She leaves. And go to

28:50

her cancer and be like in the

28:53

cat like were Travis, Kelsey as and

28:55

like like see than and then tailored

28:57

to something like and now go Vote

28:59

Said there was be double this energy

29:01

on the supreme court and then everyone

29:03

go register to vote and. Things.

29:05

Could be very very different. What do you think?

29:07

Similar. Olivia Rodrigo is it was I

29:10

encountered somewhere right after Dogs Came with

29:12

Larry Allen. yeah, I'm a dedicated sought

29:14

out with you. totally. The justices overturn

29:16

Roe and Idea and that was a

29:18

great moment. and the Taylor Swift version

29:20

of that could really change the trajectory

29:22

of this guy. Ran like. That

29:25

is something that we should be trying to manifest in

29:27

Twenty Twenty Four. We've. Got ideas about how

29:29

to specifically do with the tiller hundred people cause. A

29:32

collapse I think Justice Kagan said.

29:34

do. A few more collapse west justice

29:36

Jackson. So I'm here for more Uk times.

29:38

Katie J wouldn't be heard a lot as

29:41

last year but I would love to see

29:43

more up and Twenty Twenty Four South. Let's

29:45

hear clip. I think you're looking at it

29:47

correctly just as Jackson and maybe as to

29:50

the time in question and eighty eight sixties

29:52

that tracks of our to test the were

29:54

asserting a different kind of claims. The. Why

29:56

is it different? Understand that? Yes. Why is

29:58

it different? And finally you

30:01

know while were shooting for the

30:03

moon everybody know as I love

30:05

a Good Justice Kagan read like

30:07

I want her to keep the

30:09

library opened for ever and I

30:12

would like to hear more savagery

30:14

directed at all the fools arguing

30:16

before her and on the bench

30:18

with her that just liquefied their

30:20

intestines and send people to their

30:23

graves with her words written on

30:25

there tombstones. So here are some

30:27

of my favorites. is from last

30:29

year. You know, every regression

30:31

analysis has. Things: Simple concepts

30:34

but use. It and give

30:36

anything in response to that. Not

30:38

like you said, we have a

30:40

better regression analysis. We've controlled from

30:42

more things and week and show you. That

30:45

the some that the effects

30:47

disappears you're saying? That it

30:49

was clear our to credit the

30:51

plaintiffs experts. Dealing. With

30:54

the exact question under review. And.

30:57

Finding. Statistically, Significant

30:59

results to credit those experts

31:01

over your nothing, it's just

31:03

too important. and what? Whatever

31:05

Emily ft I say feals

31:08

they say they also failure

31:10

test. Three of

31:12

our country just projects that ski, and I mean

31:14

that might have. Been. A way to understand

31:16

what the framers were doing. But it

31:18

turns out that from the very first.

31:20

Years. That's not what they were

31:22

doing. That's not what they did

31:24

Annual line item appropriations. Were some

31:27

appropriations, but I'm massively not

31:29

all appropriations and real. You're

31:31

just flying. In the face

31:33

of. Two hundred fifty years of

31:36

history. says. Settled.

31:38

Well. It is. It's settled over to this that

31:40

no one's brought it up. for

31:43

this issue since it was roofing I

31:45

just curious contra i. Know but

31:47

he has had the you know

31:49

Chutzpah. To

31:52

close my people to bring it up

31:55

since Atlas rules and assume is. And

31:57

but yes, more of that. Please have

31:59

a. I was the real librarian.

32:01

Of the Analysis of in Florida. He

32:04

said okay, I'm now again

32:07

as Signora T. With the

32:09

emphasis on T, we get

32:11

to justice. Neil Am. Core

32:14

sets and I just say really

32:16

quick that it's really scary with

32:18

the seniority, that like Trump got

32:21

so many and that his yeah

32:23

first person is like. Oh.

32:25

My. God. Ah, That.

32:28

Means. To

32:31

be I. Know. Like

32:33

their families that are probably going to be. We could

32:35

see. Justice.

32:38

Or. Said Sunday right? like.

32:41

That or ever so insane. hopefully

32:43

not a lot most the time,

32:45

actually. Historically, the. Pretzel chiefs from

32:47

outside. when there's a vacancy they don't elevate

32:49

internally so I also know about how that

32:52

our as soon as you always heavenly yeah

32:54

brett rank was was inside and got elevated

32:56

to be chief but the matter where you

32:58

m have been he was just a regular

33:00

says he justice and then he was elevated

33:03

to be to the same as a president

33:05

gets to decide whom we concede not yes

33:07

Isn't only when they retire though. When.

33:09

Or die, you know, Whatever on the and so

33:11

when when? When George Bush was the present, when

33:14

rank with died while he was still the cheese

33:16

and John Roberts was never an associate justice, he

33:18

was just on the Dc circuit and George W.

33:20

Bush nominated him directly to boil. And. Initially

33:22

know made him to be an associate a

33:24

different spot but he was never that have

33:26

any. Got nominated to be the chief justice

33:28

after before ever having served in another position

33:30

on the court. So I just don't think

33:32

that course it's has I think people like

33:34

Scully a famously said i wanted to be

33:36

the cheap and he was on the court

33:38

never happened for him. I don't think I

33:40

don't really know but I turned it down.

33:42

Course achievements is delusional enough to think that

33:45

accent I know now Dylan I overestimated of

33:47

our guys to lose any suspects Whistler under

33:49

arrest or nothing Under and my Santa and

33:51

praying. Gotta

33:53

love that movie of Split Second your idea.

33:55

Yet. The he is is the you know that it's

33:57

like wasn't he just nominated and he's like in the

33:59

middle. The Pack because just in one

34:01

term got to make three appointments. Brock

34:04

Obama, extremely popular president elected twice, served

34:06

two terms. Guess what he made to

34:08

in eight years? So the kind of

34:10

asymmetry of the influence of our recent

34:12

presidents on the court on the justices

34:14

is pretty staggering. Think about him. you

34:16

know. I have to say now that

34:18

I've googled as picture. He was

34:20

guilty. He. Looks like he's the

34:23

hiding something. He has a guilty a. Smile.

34:26

I. Don't always Id but he's always.

34:28

He always does look like he smirking

34:30

and concealing as they I totally agree

34:32

with as are the ones with me

34:34

when it suggests that is there hope

34:36

for hims Kenny course early. The boys

34:39

What? What's your resolution for some say

34:41

the an oh no not me. I

34:43

take that skydiving. I think skydiving could

34:45

be like such a great way to

34:47

defuse the stress of the court. You

34:49

know we're coming into an election year.

34:51

It's like high stakes. You know everyone's

34:53

so stressed and in I think people

34:55

get these. Gray adrenalin, Rush.

34:58

Says and that could be good for him. A

35:00

hottie would be good for have you know? go.

35:03

Skydiving, Was a big part

35:05

of Bizarre which is probably the supreme

35:08

court decision for Wedge just of course

35:10

it is best known on that was

35:12

the case that concluded that sam discrimination

35:14

on the basis of sexual orientation and

35:17

gender. Identity was discrimination on

35:19

the basis. Of Sachs within the

35:21

confines of Title Seven Am. One of

35:23

the litigants had been a skydiving. And

35:25

stay many power away right? Yeah

35:27

yeah, tackling Zardari accuses are the

35:29

case. Ah yes, I mean a

35:32

like I think skydiving would be.

35:34

Like my not that seem to raise allies

35:36

that I don't like about myself. I literally

35:38

you don't I remembered about that case. I.

35:41

Remember that that it was about someone who

35:43

passed away. And as you know that

35:45

I don't want to die and then and that

35:47

a by didn't really big alpha like okay like

35:49

but like I need to read things better like

35:51

that was a queer rape case for make like

35:54

went over my fucking Jay had. Against

35:56

the employer has really but it was also

35:58

really. It was really upset because this is

36:00

somebody else discriminated against and then I never

36:03

got are shown in shelters and did it

36:05

and actually the sick the with successful right

36:07

like the case did result in this interpretation

36:09

that did protect. You from discrimination. Oh yea

36:11

votes that orientation. And gender identities were one of

36:13

the few sort. Of surprising bright spots from this court

36:16

in recent years. And yet donald Third, I

36:18

would never live to see it. So I days

36:20

like not. That's not irrelevant. At all to the

36:22

case your Japanese as I feel like I was

36:24

so sad that was like what I remember from

36:26

and then everything. He says. Is

36:29

delayed. It's justice denied. Oh

36:31

also I'm sorry Memorial Drive and yet I

36:33

need him to put the gel down and

36:36

say yes to par made. Were doing so

36:38

much chow and I just think I could

36:40

derive finesse like a nice dry same as

36:42

could be. You know he has a nice

36:44

boy. Had a here on a brand. Would

36:46

you recommend Not Murray's homemade? No actually no.

36:48

This is like an oldie but a goodie

36:50

but I like like Aveda Control paste my

36:52

son of Mary Bad yeah. Lightweight palm and

36:54

you know it's build the ball. Ah

36:56

yeah you really have to emulsifier and both

36:58

hands. Like I say this as someone a

37:00

short hair like this is critical that like

37:03

you ladies don't know about the palm a

37:05

game but like I did this is where

37:07

I. Can offer fell over go Neil

37:09

Gore said some real. Guidance.

37:11

Sam or for gonna give you like the hot here tip on

37:13

pa me I had when I mean and. I.

37:15

Like to like hit my pillow me with a blow

37:17

dryer and right. Oh

37:20

and the in New York like be doing this and as. A

37:24

matter of personal, Harrison, I always suspected that with

37:26

your seat because you're short haircut, she'd like the

37:28

shape of your haircuts and I think I went

37:30

off on you about this for about fifteen minutes.

37:32

The other presumably yeah that you know he has

37:34

a ethics. your know you're here. It's like it's

37:36

beyond reproach. So you wanna talk about no, no,

37:38

it's like there is no haircut safe on a

37:40

beef with no notes as much as your haircut.

37:42

It's and you do go to the same person

37:44

right as you can get that Perfection. Jumping around

37:46

all the time, So. I have at

37:48

least the person who did this safe and

37:50

a silly was my favorite. Her solace in

37:52

the world Sarah Sheath who was at Marquee

37:55

Salon and Oakland Am. but then I moved

37:57

to New York and sell out for a

37:59

while. I would try to fly back to see

38:01

Sarah, and then finally I could not do that anymore.

38:03

And so then I just had to like find someone

38:05

in New York. But I got Sarah to cut my

38:07

hair on a video, and I basically show it

38:10

to my stylist in New York constantly.

38:12

Okay, yeah, Gorsuch, get the pomade, put

38:14

it down your gel, you fucking nightmare.

38:17

Oh my God. And you know, while we're on

38:19

reforming his personal image, I do think he could

38:21

stand to smile more, and just try to be

38:23

a little bit more. He's so much more handsome

38:26

when he smiles. Yes, and this is, and also

38:28

like, I don't know if he could have done

38:30

this before, but 2024 does need to be the

38:32

year where we start telling men to like, smile

38:34

more, you're so much cuter when you smile. Yeah,

38:36

smile, smile. Similar vein, he does,

38:38

he just kind of like, he's extra

38:40

from the bench, but like in not in a

38:43

good way. Like he needs to take down a

38:45

vitriol, but like

38:47

self confidence, yeah. He needs to dial

38:49

the way down. And he also needs to

38:51

defer to his female colleagues much more, which

38:53

we did see happen, I think

38:55

once this term, once maybe ever.

38:58

But having tried that out, Neil, maybe keep

39:01

doing it. I do think if he's going

39:03

to be accepting boondoggles to

39:05

Italy, I think it's important for him

39:07

to learn Italian, not just

39:09

fantastical. Like to learn a

39:12

few more phrases, right? Grazie.

39:15

How do you say thank you for this free boondoggle?

39:18

Oh, he should learn. Right,

39:21

in Italian. Anything

39:33

else for Neil before we move

39:35

on? No. OK, because

39:38

we also have a field day with this one,

39:41

David. I was about to say, we have

39:43

a project on our hands because the next justice

39:45

is Justice Brett Kavanaugh.

39:47

And if Neil could maybe focus

39:49

on smiling more and being more

39:52

likable, I think Brett

39:54

Kavanaugh could maybe focus less on

39:56

being liked personally And more

39:58

on the substance of his opinion. And

40:00

position so that would be where

40:02

I would start for him. Yeah

40:04

when I would say he is.

40:06

In. Terms of like the kind of. Emptiness of this. Sort of

40:09

like stick and. Performance: And that he

40:11

read concurrence is all the time that are

40:13

like bullet point yes crack written as though

40:15

like lists are arguments are there's not actually

40:17

any organization there, it's just like a list

40:19

of of thing is a scam. I guess

40:21

I revisit in my grocery list to the

40:23

Us report slated Alexander Laser. Things yogurt

40:25

is. So

40:27

I guess another way to put that resolution is

40:30

it sometimes remember this and I'm sounds is a

40:32

virtue and sometimes. Doing nothing is the most

40:34

important contributions and I said little to

40:36

him that much, I think he was

40:38

hard as he did it, yeah, I.

40:40

Your you're looking him up aren't you? Yeah I'm

40:42

okay my in our what is the read I

40:44

have are you notes program the most important one

40:46

is like fla sing and teeth whitening. I just

40:48

think that like really getting a little bit of

40:50

like we're just really the to keep an eye

40:53

he to say and I don't wanna be a

40:55

bit from hell but i'll throw down veneer they

40:57

think we could be been there like it may

40:59

even be sent a gotta take it all out

41:01

and start over and I think he could maybe

41:03

be there. On the other thing I'm going to

41:05

say I think. He has he I'll act

41:08

as could be. Really great hair. What's that?

41:10

A guy Ossie that's a teeth whitening pr

41:12

that you can mix and with their toothpaste

41:14

and you know beer, wine and coffee. Do

41:16

Senior. T V, or even my years reminded

41:18

water pegging if you don't want to, Flaws

41:20

like that can be fun. To be

41:22

very clear, I don't think Brett Kavanaugh

41:24

is the only person that requires this

41:27

kind of guide and Sam I just.

41:29

Saw some sodas and Prince William and I

41:31

was like wow I willingly though it we

41:33

firmly Embers is Harry and I mean I'm

41:35

not trying to you know go into be

41:37

like political exit your try to get a

41:39

cancerous waters I am I likely as it's

41:41

the only thing I will say look I

41:43

love Megan more than a thing for don't

41:46

even come from a okay I'll make of

41:48

he's already Iowa I'm assess but this is

41:50

what I will say for like William style

41:52

choices vs Harrys just right now I do

41:54

feel that like William I really appreciated the

41:56

he just said you know why. I'm

41:58

gonna take this hair off. It's time for me to

42:01

do that. Really. take this hair down and I

42:03

just feel it in less. Harrys gonna go to

42:05

turkey And really, it's combat. So they are like

42:07

that tic toc journey of that boyhood. The commentary:

42:09

grow my hair and you so q like and

42:11

it didn't really look like that much different than

42:13

I was that a like oh my god is

42:15

here's some. it's thicker but yeah like that. I

42:17

just like Harry really and I just I am

42:19

not realistic three it idea. I mean like that

42:21

I just and I love when I'm attracted to

42:23

him as well. See, I mean he has a lot

42:25

as. Bd and I don't

42:27

think William always had that oh

42:30

yeah, are using a harried eyes

42:32

ideal. See. That the Hz had

42:34

the haircuts really got did the wind up

42:36

for me about you can't like you can't

42:38

really that it and Level is on a

42:40

yacht honey I am. You are

42:42

the axe for Amazon or even like the angles

42:45

even though this is just like sometimes you there's

42:47

a throw colored glasses thing and some isn't really

42:49

want someone. The site a hard for us and

42:51

I get elected as Megan's hair and by but

42:53

like beyond repair lol Our yard so gets into

42:55

and I just think you know with of and

42:58

standing next to that you're like oh my god

43:00

like you are funded by Lorrie Moore you have

43:02

amazing and it's know like that's probably right I

43:04

probably been but unethical. Maggie and color in class

43:06

and here I know it's not. It's a good

43:08

not have a law that I've never called you

43:11

out on anything before. an array. Of any any

43:13

I. Don't you think I can accept this?

43:15

Critique Rates as and like I can say. I

43:17

can wait for know I can take the. Easy

43:19

going sorta as he doesn't even have to

43:21

be a c matter bugs had examined. Just

43:23

be like. Really? Got one member would

43:25

like will uma giving you like. Bald.

43:28

Daddy for a lot but he was insane

43:30

but he was a give you my grandpa

43:32

haircuts is the album be that like that's

43:34

even noticed but something about the top we

43:36

have to talk about that I'm but I

43:39

wasn't really important thing for break out and

43:41

our project that up with the Us I

43:43

think there's at my tic toc an Instagram

43:45

is and indeed it with these incredible korean

43:47

care of silas and they do these like

43:50

perms and like rule less smell like to

43:52

per month for rent haven't asked. yeah he

43:54

needs like perm the sides down that likes

43:56

of like this identity. firm down a

43:58

city like that The balance is

44:00

all fucked up. The heavy side, the

44:03

part's not right, it's all fucked up.

44:05

He needs a Korean really good perm

44:07

root lift artist to come in here

44:09

and give him a great K-pop little,

44:11

I just need more zhuzh on that.

44:13

If you're trying to be this slick

44:15

used car salesman of

44:18

taking away everyone's rights, can you just

44:20

grease that hair up and get it

44:22

together? And when I say,

44:24

it should be a little more polished.

44:26

I need some mousse, I want some

44:28

hairspray. I want a Beverly Hills woman

44:30

blow dry style on

44:32

him. And that would make me feel with

44:34

no volume on the sides. That's

44:36

what I need. I mean, more

44:39

zhuzh on that hair, more zhuzh

44:41

in the opinions. His opinion in

44:43

versus Gert's could have stood some

44:45

actual reasons. I do

44:47

think he could probably get in on the Gorsuch

44:49

pomade game on the sides to

44:52

just keep it down. And get

44:54

some definition on it as well. Make

44:56

it look a little pieceier. Let

44:59

me show you this. I really have a problem with this

45:01

shape, you guys. Let's get into it. Let me get out

45:03

the computer so we can get into our replay. Also, the

45:05

texture is bad. I

45:08

think we need to get into

45:10

some retinols because the skin is so

45:12

bumpy. It's really bumpy, you guys.

45:14

Maybe a chemical peel. Yes, he's

45:16

really struggling with uneven skin texture.

45:19

Some rosacea here, too. Some rosacea. I was going to say

45:21

the same thing. But now that we've talked about the skin, let's

45:24

go into the hair. Do you see how

45:26

this is all this volume over here, but then

45:28

over here it's kind of flattish? It's 80s frat

45:30

boy. Yeah. 80s frat boy. But I want some

45:32

mousse here. Not that he deserves it, but the

45:34

mousse and some root lift over here to balance.

45:37

You see, because we have all this volume here.

45:39

And it's too much volume, too high up. So

45:42

nothing is really working for me here. Who

45:45

do you think his hair guide should be?

45:50

Who's the person he should be trying to emulate here? Like

45:54

someone, like Jungkook from

45:56

BTS. I really want a K-pop.

46:00

like vibe to his hair. I think like

46:02

a little younger, you know? Right, so more

46:04

K-pop, less Georgetown. But that's like he was

46:06

like a fear, oh my God, what if,

46:08

you know how like sometimes when people

46:10

get in car accidents, they come back with like a

46:13

totally different accent? What if he got in like a

46:15

car accident and then like became liberal or like ran

46:17

into a tree, that would change our whole show. He

46:19

survived it. Yeah, he survived it. I don't know if

46:21

we could survive. And then he was like, oh my

46:24

God, like trans rights, women's rights, pro

46:27

queer abortion rights. Like I need another

46:29

case to fix my errors. And

46:32

then that's when his hair would get cute. That's

46:34

when he would start changing his hairdresser. It's

46:37

like that movie with Rachel McAdams and

46:39

Channing Tatum. Well, I

46:41

was just gonna say like sometimes when you fix

46:43

people's hair, you can just like fix their entire

46:46

life. So. I think

46:48

there's a show about this. Is that? Uh-huh.

46:50

Is that my purpose? I

46:52

need to like lean into

46:54

Republicans in that way. I

46:57

kind of withhold my best advice from them sometimes,

46:59

but I guess I just gave him

47:01

real advice on how I felt. Like, wow. I'm

47:04

actually really getting now impatient to hear what you

47:06

have to say about Amy Coney Barrett because there's

47:09

all kinds of stuff going on with her hair.

47:11

Can I ask you to pull up multiple pictures?

47:13

Sometimes she gets a little curl going on the bench.

47:15

So I would say if we can find a couple

47:18

of different images, I feel like there's

47:20

a lot, this is like a whole palette you could put

47:22

on. Well, here I would say, I think, oh

47:25

God, she really scares me. She

47:28

really does. There is a look in her eye that is,

47:30

when I zoomed in, I honestly, like my heart kind of,

47:34

like I'm not even, that's like really, so like there's something on her

47:36

eyes that, like I actually have the chills.

47:38

Like do I have COVID or is that, I'm scared. I.

47:42

There is something about that. She did give a lot of

47:44

people COVID at her Rose Garden. Well,

47:46

yeah, she did. I don't know if she gave it to them. I

47:49

don't know if she gave it to them. She had COVID through the last time. COVID

47:51

Amy. I do feel that there's

47:53

a chunky, there's quite a chunky highlight that we're

47:55

seeing here, which I think is interesting. It is

47:57

like quite chunky and I guess I wouldn't have

47:59

seen. I also can tell that her

48:01

color is she doesn't pay a lot because When

48:05

I do I'm not trying to

48:07

be and but when I do root retouches because you

48:09

know I like that here, you know how your hairline

48:12

is like finer hair like it's not like this like

48:14

this hair It's like finer than like all of the

48:16

like your real hair on the temple right in the

48:18

front Yeah So like if you

48:20

put the same hair color on someone's base The

48:23

front always takes like two shades darker because

48:25

it's just way more fine So if you

48:27

ever see like that inky ass dark hair

48:29

color on someone's hairline, but then when their

48:32

hair is down It's all like lighter That's

48:34

because the hairdresser like didn't mix two formulas

48:36

You won't so like it's like a hair color goes on the scale

48:38

from one to ten Once the darkest tens

48:40

the lightest there are like high lifts and you

48:42

can technically go higher than a ten But just

48:44

for purposes of ease so like if I was

48:46

doing like a root retouch of like a five

48:48

I would always make the hairline like a seven

48:50

and then that ends up looking like balance nor

48:52

natural She has this

48:54

like inky ass hairline that just says like

48:56

my colorist doesn't know what they're doing I

48:58

pay like 95 for a partial I mean

49:00

here like yeah I

49:04

do have some sympathy for this like what if We

49:07

go back to the vault look at her pictures

49:09

from South Bend where she was going to her

49:11

regular Hair stylist and then compare them to her

49:13

pictures now that she's in DC because I think

49:15

this could be What year was that? So

49:17

she came on the court in 2020 before she

49:19

was a judge on the 7th Circuit, Indiana Living

49:22

in South Bend where I think she had a

49:24

regular hair This is probably who

49:26

was doing this color than this and this must have okay

49:29

Do we think that this picture was from when she was

49:31

a judge in? Yeah,

49:34

okay, so maybe her South Bend colorist did

49:36

this like do you see improvement now that

49:38

she's in DC? Okay, let's

49:40

let's do Amy Barrett. How do you say her

49:42

name? Coney Barrett, yes, I

49:44

never really took the time to learn all the way

49:46

cuz I was just like kill me Okay,

49:52

let's look now images. Okay,

49:54

let's just gave a speech the other day that

49:56

there might be an image from that Yeah,

49:59

I want I will say this

50:03

colorist is

50:06

doing a more diffused highlight, certainly. She's gone

50:08

a little bit lighter. Okay.

50:10

A little bit

50:12

of a blow up. The hairline is still a

50:14

little inky though, I have

50:17

to say. I think we're not having

50:19

a two-color application the way that I

50:21

would, the way that we typically do

50:23

in LA. It's a very like

50:25

LA, New York thing. You see an inkier hairline on

50:27

the whole, on the East Coast LA. It's like everyone

50:29

does like in like good

50:32

salons. But yeah, what

50:34

a nightmare. I just really think

50:36

that I am so sad. I

50:38

don't even want to read her looks because the word

50:41

is like the worst part is that like that

50:43

I will just never get over it. Like

50:46

these from hell did

50:48

not approve Merrick Garland

50:51

for 10 months because

50:53

there wasn't enough time from February

50:55

to November. And this one thing

50:57

got up. People had to vote. This

50:59

woman got through in two

51:01

weeks while votes were like the

51:03

hypocrisy. Like I don't even have

51:05

to read her looks because these

51:08

fucking patriarchal, oppressive voices. Boys

51:10

did. This

51:13

woman upon the country, this justice.

51:16

I hate them. All of

51:19

the chunky highlights represent different parts of the

51:21

country that voted against her as

51:23

she was being confirmed. So you can think about it

51:25

that way. I will say in

51:27

this picture that I just found up her from September of 2020, her

51:31

hair has never looked better than this picture.

51:33

You know, this is her. Is that her?

51:37

That is her. Where is that?

51:39

Whoever styled her hair. Oh, she

51:42

did look good during the confirmation hearing. Yeah,

51:44

this year was next level. Like the hairline

51:46

is perfect. The placement is gorgeous. I hate

51:48

to give her a compliment. Her eyes don't

51:50

look so fucking I'm going to for you

51:52

with my for like not being

51:54

like if she saw me in an

51:56

alley, she'd be like, listen up if

51:58

you don't start. I

52:01

swear to God, like you're gonna, that's what I feel she would

52:03

say to me. In some ways, like

52:05

we have to imagine what she says because

52:08

she sometimes doesn't explain herself

52:10

in the important decisions. And so

52:12

maybe unlike what we said about

52:14

Justice Kavanaugh, it would be great

52:16

if Justice Barrett would say more,

52:19

but not like really weird, long

52:21

efforts to reconcile the major questions

52:23

doctrine was textualism. But instead, when

52:26

you cast the Fispo to overrule

52:28

Roe, say

52:30

something, like tell us why you're

52:32

doing so, say it to our

52:34

faces. So you know what that's giving. Say

52:37

something I'm giving up

52:40

on you. Yes.

52:42

Yes. Yes. Very,

52:44

very much. I also, I think

52:46

there are moments too where Justice Barrett is

52:50

on the verge of literally

52:52

slapping one of her conservative

52:54

colleagues. I think like she's a

52:56

very tightly coiled presence sometimes at oral

52:58

argument. And I'm just like, you know

53:00

what? I think you should just let

53:02

that out. There's no need. Yeah. Yeah.

53:06

I'm thinking of a lot of elaborate moments where

53:08

she literally you just like you can tell she

53:10

like, I don't know. It just seems

53:12

very tightly coiled. Like she wants to tell Justice

53:14

Alito to like sit

53:16

down, have a seat. And I'm just,

53:18

you know, I don't fight for Jesus

53:20

more or what? No, just like to

53:23

just shut up and let other people

53:25

do things. And

53:27

you don't have to be decorous. Intrapartisans

53:29

squabbling is very in vogue right now.

53:32

See the House Republicans. So if

53:34

you're feeling that I say act on it.

53:36

Let him know that you're the one who

53:38

has 30 more years in this bitch. Right.

53:43

Indeed. All right. We

53:45

saved the best for last, but I think we should now

53:47

turn to Justice Jackson,

53:49

the queen. Never

53:52

change. That's our big New Year's resolution.

53:54

Keep doing exactly what you're doing. Keep

53:56

maybe one example of what you should

53:58

keep doing is to continue. exploiting the

54:00

seriatim questioning. That's the questioning at the end of

54:02

the oral arguments. She goes last, she gets to

54:05

sort of do clean up, figure out

54:07

what kind of themes and notes the argument

54:10

should end on, give the advocate the opportunity

54:12

to help her, help them, or help

54:14

whatever side she wants to help. There are like a

54:16

million different clips we could play here. And we do

54:18

have to include this clip from Rahimi, which was, we

54:20

were only halfway through the term, but so far, definitely

54:22

the leading contender for the most important and best moment

54:24

of the term. And I highly doubt anything will top

54:26

it. So let's play that here. So

54:28

I have a history and traditions test. I guess I'm

54:30

a little troubled by having a

54:33

history and traditions test that also

54:35

requires some sort of culling of

54:37

the history so that only certain people's

54:39

history counts. So what do we do

54:41

with that? Isn't that a flaw with

54:44

respect to the test? Finally,

54:46

let me just ask you, prospectively, from

54:48

the standpoint of a legislator today,

54:50

I mean, we've been talking about

54:52

sort of the retrospective view of

54:55

this, you know, when there's an

54:57

existing gun control measure that's being

54:59

challenged, how do we determine by

55:01

looking at history whether or not

55:04

it's constitutional? But let's say

55:06

I'm a legislator today in

55:08

Maine, for example, and I'm

55:10

very concerned about what has

55:12

happened in that community and

55:14

my people, the constituents are asking

55:17

me to do something. Do you

55:19

read Bruin as

55:21

step one being go

55:24

to the archives and try to determine

55:27

whether or not there's some historical analog

55:29

for the kinds of legislation that I'm

55:31

considering? Absolutely iconic.

55:33

Resolution continue to be 100%

55:36

that bitch. Keep taking DNA tests

55:39

and confirming it. Just be

55:42

that healthy, safe girl. Maybe

55:44

don't do any more hobbies because you're

55:46

so perfect. Yeah. Yeah.

55:48

Like don't mess with perfection is her resolution.

55:50

Oh, and you know

55:52

what I always say to my agents? I'll be

55:55

like, just because it's industry standard doesn't make it

55:57

right. It's like my favorite thing to say. So

55:59

maybe she could Like, like, pitch a new

56:01

resolution for not having to get the door. Oh,

56:04

yeah. Yeah. Yeah. So

56:06

kind of stuck on that. Her look is

56:08

next level. The sister locks are great.

56:12

Her skin is flawless. Now,

56:15

I don't want to like this is like because I

56:18

love her hair so much. It literally needs nothing. But

56:20

just like if she ever did like a Vanity Fair

56:22

article or like it, like if she ever did like

56:24

goddess locks, like when there's like that little like gorgeous

56:27

wittle wave, like, but I heard she like she doesn't

56:29

need anything. Like I love her. I always tell

56:32

me speaking of photo shoots. There was

56:34

a vogue photo shoot that you did.

56:36

And I think Annie Leibovitz did the

56:38

photos. And like any leave of it

56:40

cannot like black women. I'm just going

56:42

to say it's a big problem. It's a big

56:44

blind spot. So the New Year's resolution is like,

56:47

don't let any leave of it. Yes. This girl

56:49

who I met in New Orleans and queer. I

56:51

love her so much. She's no liberator on Instagram.

56:53

She's like so that the goddess locks that she

56:55

does is like, they're so breathtaking.

56:57

Oh, my God. And like the shape is like

56:59

I actually have chills again. Is it must not

57:01

be COVID. I just must like respond with chills

57:04

to like really good or really bad thoughts. Like,

57:06

but that's like a really good thought. I

57:09

also just wanted to call attention to something

57:11

that you just like casually said earlier, Melissa.

57:13

And then you just like so like stop

57:15

so casually opening a can of like vocabulary

57:17

whoop ass like you're just you

57:20

said decorates. I had to Google what that meant.

57:22

That was like what a good

57:24

word. That was like a literally word. I've

57:27

never heard it in my life. And I've never heard

57:29

that word in my life before. Like, do you like

57:31

what a good word. This is

57:33

a great word. I don't have that all the

57:35

time. Do people know that word all the

57:38

time? I think occasionally. Yeah,

57:41

I probably learned it. And everyone would

57:43

say not sporadically. Episodically.

57:51

So, you know, that's the court. Maybe

57:53

we can just briefly wrap up with

57:55

some new year's resolutions for strict scrutiny

57:58

and JVN. Stay awesome. more

58:01

collaborations with JBN. I'll

58:03

be your Latoya, your Latavia or whatever the fourth member

58:05

of Destiny's Child was that got picked out, Latoya. Latoya,

58:07

Latoya, Latoya, let's get it. But we're like still like

58:09

a good, we're still on good terms. We're still friends

58:11

and we still get invited to the concert,

58:14

exactly. Perfect, what else? I

58:16

think we should make

58:18

more candle sets. And

58:21

if you happen to purchase our

58:23

special edition candle sets for the

58:25

holidays, you know exactly what I

58:27

mean because these candles smell like

58:29

the interior of a private jet

58:31

and ethical laps and vibes, not

58:33

law. And they were absolutely

58:36

amazing and they were amazing, amazing holiday

58:38

gifts. And I think we should do

58:40

it again. Kate, I

58:42

have a serious resolution actually not for

58:45

us but for article three judges

58:47

out there. So as 2024 kicks

58:49

off, there are a lot of judges

58:52

on the federal bench who are eligible

58:54

to retire or take senior status, which

58:56

would open up additional seats for President

58:58

Biden to fill. And I would just

59:00

say to all of those eligible but still sitting judges,

59:03

think about your legacy. Think about

59:05

Trump and his advisors having soured

59:07

on the federal society as two mainstream.

59:10

Think about Judge Matthew K. Merrick, 2.0, right? Like

59:13

whatever the more extreme version of that is

59:15

in your chambers, sitting at your desk,

59:17

second guessing science, reviving the Comstock Act.

59:20

Think about all of that. Think about

59:22

having the power to prevent it and

59:24

then start drafting your letter to President

59:26

Biden informing him of your retirement. I

59:29

love that Kate actually had a real subsidy

59:32

resolution. Fuck

59:34

candles. Like, let's see. That

59:36

was really good. It was really important. Really good,

59:38

really good. I mind the resolution is

59:41

to be more like you guys. I wanna

59:43

be like more substantive and

59:45

like pay better attention and then

59:47

not stop talking about the

59:49

election for the next 11

59:52

months and weeks. That's a good

59:54

resolution. That's a really good resolution. Let's

59:57

not stop talking about the election for the next

59:59

11 months. Let's definitely do

1:00:01

everything we can to help

1:00:03

get out the vote, talk about the issues,

1:00:05

and leave no power on the table as

1:00:08

our friend and queen, Sharlyn Ifill, instructs

1:00:10

us to do. And not

1:00:13

to give you guys more work to do, but also just as I

1:00:15

was thinking about it, you know, it could

1:00:17

also be a fun resolution for you guys, which I know we

1:00:19

said we were doing our own, but I would be so interested

1:00:21

because I've like obviously started listening a lot since I met you

1:00:23

guys. I like such a big fan. It'd

1:00:25

be cool if you guys did like a

1:00:27

special or like a series of specials on

1:00:30

state Supreme Courts, like Wisconsin's going fucking off

1:00:32

right now. A lot of them have

1:00:34

made like really consequential decisions as far as like allowing

1:00:36

Trump on the ballot, even with the insurrection, like, and

1:00:38

like, there's just such like there's a lot there

1:00:40

in terms of what's coming up. It's like

1:00:42

you're in our heads. We will

1:00:45

take that note and we will apply

1:00:47

that because we know good advice when

1:00:49

we hear it. We do. Thanks

1:00:52

for having me you guys. I love you so much. Thank

1:00:55

you so much for coming on. Thanks. Strix

1:00:59

Kourtney is a Crooked Media production hosted and

1:01:01

executive produced by Leah Litman, me Melissa Murray

1:01:04

and Kate Shaw. and

1:01:11

a great producer. We're

1:01:14

going to be doing a series of videos on how to

1:01:16

make Strix Kourtney a great producer. We're

1:01:24

going to be doing a series of videos on how to

1:01:27

make Strix Kourtney a great producer. And

1:01:32

if you haven't already, be sure in the new year to

1:01:34

subscribe to Strix Kourtney. Make

1:01:36

that your resolution and you can do

1:01:38

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