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[music] [cheering]

Welcome. Welcome, welcome, welcome to

Welcome. Welcome, welcome, welcome to

Welcome. Welcome, welcome, welcome to Last WEEK TONIGHT. [cheering]

Last WEEK TONIGHT. [cheering]

Last WEEK TONIGHT. [cheering] I'M JOHN. THANK YOU SO MUCH FOR JOINING

I'M JOHN. THANK YOU SO MUCH FOR JOINING

I'M JOHN. THANK YOU SO MUCH FOR JOINING US. IT has been a busy week. The Pope

US. IT has been a busy week. The Pope

US. IT has been a busy week. The Pope met with Marco Rubio amid ongoing

met with Marco Rubio amid ongoing

met with Marco Rubio amid ongoing tension between the Trump administration

tension between the Trump administration

tension between the Trump administration and God. A judge released this alleged

and God. A judge released this alleged

and God. A judge released this alleged Jeffrey Epstein suicide note showing

Jeffrey Epstein suicide note showing

Jeffrey Epstein suicide note showing penmanship is still worth teaching in

penmanship is still worth teaching in

penmanship is still worth teaching in schools. And around the country,

schools. And around the country,

schools. And around the country, Republicans scrambled to redistrict in

Republicans scrambled to redistrict in

Republicans scrambled to redistrict in the wake of the Supreme Court's Voting

the wake of the Supreme Court's Voting

the wake of the Supreme Court's Voting Rights Act ruling. In Tennessee, they

Rights Act ruling. In Tennessee, they

Rights Act ruling. In Tennessee, they convened a special session to carve up

convened a special session to carve up

convened a special session to carve up the state's only majority black

the state's only majority black

the state's only majority black district. Now, under the law, they still

district. Now, under the law, they still

district. Now, under the law, they still can't intentionally redraw districts to

can't intentionally redraw districts to

can't intentionally redraw districts to disempower people based on race, which

disempower people based on race, which

disempower people based on race, which led to this incredible exchange between

led to this incredible exchange between

led to this incredible exchange between one Democratic state senator and the

one Democratic state senator and the

one Democratic state senator and the bill's sponsor who was desperately

bill's sponsor who was desperately

bill's sponsor who was desperately trying to play dumb.

trying to play dumb.

trying to play dumb. >> To the sponsor,

>> To the sponsor,

>> To the sponsor, are you aware that Memphis is

are you aware that Memphis is

are you aware that Memphis is predominantly AfricanAmerican?

>> Senator Stevens, to respond.

>> Senator Stevens, to respond.

>> Senator Stevens, to respond. >> Thank you, Mr. Speaker. I I am not.

>> [laughter]

>> [laughter]

>> [laughter] >> Senator Lamar.

>> Senator Lamar.

>> Senator Lamar. >> Thank you, Mr. Speaker. So, to my

>> Thank you, Mr. Speaker. So, to my

>> Thank you, Mr. Speaker. So, to my sponsor, who went to law school at the

sponsor, who went to law school at the

sponsor, who went to law school at the University of Memphis and lived there

University of Memphis and lived there

University of Memphis and lived there for three years, you're telling me

for three years, you're telling me

for three years, you're telling me you're not aware that Memphis is

you're not aware that Memphis is

you're not aware that Memphis is predominantly African-American. Am I

predominantly African-American. Am I

predominantly African-American. Am I correct,

correct,

correct, >> Sen Lamar? He's answered that. Next

>> Sen Lamar? He's answered that. Next

>> Sen Lamar? He's answered that. Next question, PLEASE.

question, PLEASE.

question, PLEASE. >> NO, NO, NO, NO. DON'T LET HIM MOVE ON TO

>> NO, NO, NO, NO. DON'T LET HIM MOVE ON TO

>> NO, NO, NO, NO. DON'T LET HIM MOVE ON TO the next question. Unless that is the

the next question. Unless that is the

the next question. Unless that is the next question is to the sponsor. And who

next question is to the sponsor. And who

next question is to the sponsor. And who do you think Elvis stole his music from?

do you think Elvis stole his music from?

do you think Elvis stole his music from? Exactly.

Exactly.

Exactly. And while there will obviously be much

And while there will obviously be much

And while there will obviously be much more to say about redistricting going

more to say about redistricting going

more to say about redistricting going forward, we're going to turn to our

forward, we're going to turn to our

forward, we're going to turn to our ongoing war with Iran. Trump is still

ongoing war with Iran. Trump is still

ongoing war with Iran. Trump is still claiming his actions prevented Iran from

claiming his actions prevented Iran from

claiming his actions prevented Iran from getting a nuclear weapon, even when the

getting a nuclear weapon, even when the

getting a nuclear weapon, even when the audience for that message is not ideal.

audience for that message is not ideal.

audience for that message is not ideal. >> So, we would have had a ran an Iran with

>> So, we would have had a ran an Iran with

>> So, we would have had a ran an Iran with a nuclear weapon. And maybe we wouldn't

a nuclear weapon. And maybe we wouldn't

a nuclear weapon. And maybe we wouldn't all be here right now. I can tell you

all be here right now. I can tell you

all be here right now. I can tell you the Middle East would have been gone.

the Middle East would have been gone.

the Middle East would have been gone. Israel would have been gone. And they

Israel would have been gone. And they

Israel would have been gone. And they would have trained their sights on

would have trained their sights on

would have trained their sights on Europe first and then us because they're

Europe first and then us because they're

Europe first and then us because they're sick people.

sick people.

sick people. >> What the ARE YOU DOING? YOU'RE

>> What the ARE YOU DOING? YOU'RE

>> What the ARE YOU DOING? YOU'RE SURROUNDED by kids. That event WAS PART

SURROUNDED by kids. That event WAS PART

SURROUNDED by kids. That event WAS PART OF TRUMP'S PUSH to restore the

OF TRUMP'S PUSH to restore the

OF TRUMP'S PUSH to restore the presidential fitness test in schools.

presidential fitness test in schools.

presidential fitness test in schools. You are supposed to be giving them

You are supposed to be giving them

You are supposed to be giving them nightmares about gym class, not nuclear

nightmares about gym class, not nuclear

nightmares about gym class, not nuclear war. Last week marked 60 days since

war. Last week marked 60 days since

war. Last week marked 60 days since Operation Epic Fury began. And that is

Operation Epic Fury began. And that is

Operation Epic Fury began. And that is meaningful given by law within 60 days

meaningful given by law within 60 days

meaningful given by law within 60 days of informing Congress of the start of a

of informing Congress of the start of a

of informing Congress of the start of a military conflict, the president must

military conflict, the president must

military conflict, the president must terminate any use of the US armed forces

terminate any use of the US armed forces

terminate any use of the US armed forces unless Congress has formally declared

unless Congress has formally declared

unless Congress has formally declared war or enacted a specific authorization

war or enacted a specific authorization

war or enacted a specific authorization for the use of the military. Now, the

for the use of the military. Now, the

for the use of the military. Now, the administration's argued they simply

administration's argued they simply

administration's argued they simply don't need to comply with that. And on

don't need to comply with that. And on

don't need to comply with that. And on Tuesday, Marco Rubio made this big

Tuesday, Marco Rubio made this big

Tuesday, Marco Rubio made this big claim.

claim.

claim. >> The operation Epic Fury is concluded. We

>> The operation Epic Fury is concluded. We

>> The operation Epic Fury is concluded. We achieved the objectives of that

achieved the objectives of that

achieved the objectives of that operation. I'm not going to, you know,

operation. I'm not going to, you know,

operation. I'm not going to, you know, we're not cheering for an additional

we're not cheering for an additional

we're not cheering for an additional situation to occur. We would prefer the

situation to occur. We would prefer the

situation to occur. We would prefer the path of peace. But look, the message to

path of peace. But look, the message to

path of peace. But look, the message to Iran, the these guys are facing, they

Iran, the these guys are facing, they

Iran, the these guys are facing, they they are facing real catastrophic

they are facing real catastrophic

they are facing real catastrophic destruction to their economy,

destruction to their economy,

destruction to their economy, generational destruction to their

generational destruction to their

generational destruction to their economy, generational destruction to the

economy, generational destruction to the

economy, generational destruction to the wealth of their country, imposed on

wealth of their country, imposed on

wealth of their country, imposed on themselves by the by the actions that

themselves by the by the actions that

themselves by the by the actions that they're taking. They should check

they're taking. They should check

they're taking. They should check themselves before they wreck themselves

themselves before they wreck themselves

themselves before they wreck themselves in the direction that they're going.

in the direction that they're going.

in the direction that they're going. >> Yeah. Marco Rubio declared epic fury was

>> Yeah. Marco Rubio declared epic fury was

>> Yeah. Marco Rubio declared epic fury was over before sending a message to Iran's

over before sending a message to Iran's

over before sending a message to Iran's leadership in the weirdest possible way.

leadership in the weirdest possible way.

leadership in the weirdest possible way. Cuz if there is one group of people who

Cuz if there is one group of people who

Cuz if there is one group of people who will identify with lyrics from a '90s

will identify with lyrics from a '90s

will identify with lyrics from a '90s ice cube song, it is definitely

ice cube song, it is definitely

ice cube song, it is definitely fundamentalist Islamic clerics. They

fundamentalist Islamic clerics. They

fundamentalist Islamic clerics. They love decades old hip hop references.

love decades old hip hop references.

love decades old hip hop references. Before his assassination, Ayataly would

Before his assassination, Ayataly would

Before his assassination, Ayataly would famously walk the streets of Tan wearing

famously walk the streets of Tan wearing

famously walk the streets of Tan wearing HIS FAVORITE RUN DMC SHIRT.

HIS FAVORITE RUN DMC SHIRT.

HIS FAVORITE RUN DMC SHIRT. SO, the administration seemed to be

SO, the administration seemed to be

SO, the administration seemed to be announcing the end of this conflict. But

announcing the end of this conflict. But

announcing the end of this conflict. But the very next day, Trump posted,

the very next day, Trump posted,

the very next day, Trump posted, "Assuming Iran agrees to give what has

"Assuming Iran agrees to give what has

"Assuming Iran agrees to give what has been agreed to, which is perhaps a big

been agreed to, which is perhaps a big

been agreed to, which is perhaps a big assumption. The already legendary epic

assumption. The already legendary epic

assumption. The already legendary epic fury will be at an end and the highly

fury will be at an end and the highly

fury will be at an end and the highly effective blockade will allow the whole

effective blockade will allow the whole

effective blockade will allow the whole strait to be open to all, including

strait to be open to all, including

strait to be open to all, including Iran. If they don't agree, the bombing

Iran. If they don't agree, the bombing

Iran. If they don't agree, the bombing starts, which isn't great. And while it

starts, which isn't great. And while it

starts, which isn't great. And while it is not the most important part there,

is not the most important part there,

is not the most important part there, assuming Iran agrees to give what has

assuming Iran agrees to give what has

assuming Iran agrees to give what has been agrees to is just an insane phrase.

been agrees to is just an insane phrase.

been agrees to is just an insane phrase. I usually can't stand AI, but in Trump's

I usually can't stand AI, but in Trump's

I usually can't stand AI, but in Trump's case, it might not hurt if he

case, it might not hurt if he

case, it might not hurt if he occasionally asked chat GBT, can you

occasionally asked chat GBT, can you

occasionally asked chat GBT, can you rephrase this so it doesn't sound like

rephrase this so it doesn't sound like

rephrase this so it doesn't sound like an earlier version of you wrote it? And

an earlier version of you wrote it? And

an earlier version of you wrote it? And in the midst of trying to figure out

in the midst of trying to figure out

in the midst of trying to figure out whether we can refer to Operation Epic

whether we can refer to Operation Epic

whether we can refer to Operation Epic Fury in the past or present tense, we

Fury in the past or present tense, we

Fury in the past or present tense, we were suddenly dealing with a whole new

were suddenly dealing with a whole new

were suddenly dealing with a whole new operation this week. President Trump has

operation this week. President Trump has

operation this week. President Trump has directed US Central Command to restart

directed US Central Command to restart

directed US Central Command to restart the free flow of commerce through the

the free flow of commerce through the

the free flow of commerce through the street of Hormuz under the umbrella of

street of Hormuz under the umbrella of

street of Hormuz under the umbrella of Project Freedom. To be clear, this

Project Freedom. To be clear, this

Project Freedom. To be clear, this operation is separate and distinct from

operation is separate and distinct from

operation is separate and distinct from Operation Epic Fury.

Operation Epic Fury.

Operation Epic Fury. >> Yeah, we're now involved with Project

>> Yeah, we're now involved with Project

>> Yeah, we're now involved with Project Freedom 2, which is legally distinct

Freedom 2, which is legally distinct

Freedom 2, which is legally distinct from Operation Epic Fury. You know, much

from Operation Epic Fury. You know, much

from Operation Epic Fury. You know, much like this Halloween costume called Kids

like this Halloween costume called Kids

like this Halloween costume called Kids Chocolate Factory Worker Costume, is

Chocolate Factory Worker Costume, is

Chocolate Factory Worker Costume, is legally distinct from any association

legally distinct from any association

legally distinct from any association with Oompa Loompas. are looking very

with Oompa Loompas. are looking very

with Oompa Loompas. are looking very much like the same thing. The aim of

much like the same thing. The aim of

much like the same thing. The aim of project freedom was to reopen the

project freedom was to reopen the

project freedom was to reopen the straight of Hormuz by having the US

straight of Hormuz by having the US

straight of Hormuz by having the US military essentially guide commercial

military essentially guide commercial

military essentially guide commercial ships through by among other things

ships through by among other things

ships through by among other things locating mines and passing along that

locating mines and passing along that

locating mines and passing along that information to the ships. But after just

information to the ships. But after just

information to the ships. But after just a day and a half and only two ships

a day and a half and only two ships

a day and a half and only two ships making it through out of the roughly

making it through out of the roughly

making it through out of the roughly 1,600 which were waiting, Trump suddenly

1,600 which were waiting, Trump suddenly

1,600 which were waiting, Trump suddenly reversed course, leading to the

reversed course, leading to the

reversed course, leading to the excellent headline, "Trump announces

excellent headline, "Trump announces

excellent headline, "Trump announces pause on Project Freedom," which is, if

pause on Project Freedom," which is, if

pause on Project Freedom," which is, if nothing else, on the nose. But

nothing else, on the nose. But

nothing else, on the nose. But but I actually want to focus on a small

but I actually want to focus on a small

but I actually want to focus on a small moment from Hexet's press conference

moment from Hexet's press conference

moment from Hexet's press conference because he and the chairman of the joint

because he and the chairman of the joint

because he and the chairman of the joint chiefs were asked about some of the

chiefs were asked about some of the

chiefs were asked about some of the weapons potentially at Iran's disposal

weapons potentially at Iran's disposal

weapons potentially at Iran's disposal and one of them was pretty striking.

and one of them was pretty striking.

and one of them was pretty striking. >> Are there still concerns about mines in

>> Are there still concerns about mines in

>> Are there still concerns about mines in the strait and can you kind of clarify

the strait and can you kind of clarify

the strait and can you kind of clarify these reports of kamicazi dolphins that

these reports of kamicazi dolphins that

these reports of kamicazi dolphins that we've heard about? [laughter]

we've heard about? [laughter]

we've heard about? [laughter] >> Yeah, you heard right. She just said

>> Yeah, you heard right. She just said

>> Yeah, you heard right. She just said kamicazi dolphins. That sounds less like

kamicazi dolphins. That sounds less like

kamicazi dolphins. That sounds less like a real thing and more like something

a real thing and more like something

a real thing and more like something Alex Jones would mutter in his sleep.

Alex Jones would mutter in his sleep.

Alex Jones would mutter in his sleep. or maybe the name of a bar trivia team

or maybe the name of a bar trivia team

or maybe the name of a bar trivia team full of aquarium adults. But incredibly,

full of aquarium adults. But incredibly,

full of aquarium adults. But incredibly, the Wall Street Journal did report last

the Wall Street Journal did report last

the Wall Street Journal did report last week that Iranian leaders were

week that Iranian leaders were

week that Iranian leaders were considering deploying previously unused

considering deploying previously unused

considering deploying previously unused weapons to attack US warships, including

weapons to attack US warships, including

weapons to attack US warships, including mine carrying dolphins. And at this

mine carrying dolphins. And at this

mine carrying dolphins. And at this point, I'm just going to pause because

point, I'm just going to pause because

point, I'm just going to pause because that claim prompted us to do a bit of a

that claim prompted us to do a bit of a

that claim prompted us to do a bit of a deep dive, pun very much intended, and

deep dive, pun very much intended, and

deep dive, pun very much intended, and apparently military dolphins are an

apparently military dolphins are an

apparently military dolphins are an actual thing. In fact, since 1959, the

actual thing. In fact, since 1959, the

actual thing. In fact, since 1959, the US Navy has trained dolphins and sea

US Navy has trained dolphins and sea

US Navy has trained dolphins and sea lions to help guard against threats

lions to help guard against threats

lions to help guard against threats underwater. Early experiments reportedly

underwater. Early experiments reportedly

underwater. Early experiments reportedly tested more than a dozen species,

tested more than a dozen species,

tested more than a dozen species, including sharks, rays, and sea turtles

including sharks, rays, and sea turtles

including sharks, rays, and sea turtles before the program settled on dolphins.

before the program settled on dolphins.

before the program settled on dolphins. But I could have told you from the jump

But I could have told you from the jump

But I could have told you from the jump that dolphins would be the standout

that dolphins would be the standout

that dolphins would be the standout there. Turtles too slow, sharks too

there. Turtles too slow, sharks too

there. Turtles too slow, sharks too stupid, rays too difficult to take

stupid, rays too difficult to take

stupid, rays too difficult to take seriously once you see their mouths.

seriously once you see their mouths.

seriously once you see their mouths. Look at this idiot. That is not a

Look at this idiot. That is not a

Look at this idiot. That is not a warrior. That is nature's most slippery

warrior. That is nature's most slippery

warrior. That is nature's most slippery dweeb. Dolphins are apparently used by

dweeb. Dolphins are apparently used by

dweeb. Dolphins are apparently used by the military because they naturally

the military because they naturally

the military because they naturally possess the most sophisticated sonar

possess the most sophisticated sonar

possess the most sophisticated sonar known to science with technology being

known to science with technology being

known to science with technology being no match for them. And it turns out

no match for them. And it turns out

no match for them. And it turns out they're good at a lot of things.

they're good at a lot of things.

they're good at a lot of things. >> We train Navy animals to do simple

>> We train Navy animals to do simple

>> We train Navy animals to do simple things under extraordinary

things under extraordinary

things under extraordinary circumstances. For them, detecting enemy

circumstances. For them, detecting enemy

circumstances. For them, detecting enemy divers and swimmers or UVs or or enemy

divers and swimmers or UVs or or enemy

divers and swimmers or UVs or or enemy mines. Finding the target is easy. The

mines. Finding the target is easy. The

mines. Finding the target is easy. The animals are natural hunters. We just

animals are natural hunters. We just

animals are natural hunters. We just change what they're hunting for.

change what they're hunting for.

change what they're hunting for. >> Yeah, dolphins are natural hunters, but

>> Yeah, dolphins are natural hunters, but

>> Yeah, dolphins are natural hunters, but don't naturally hunt for explosives.

don't naturally hunt for explosives.

don't naturally hunt for explosives. Typically, they hunt for mackerel or

Typically, they hunt for mackerel or

Typically, they hunt for mackerel or squid, or a scientist will jerk them

squid, or a scientist will jerk them

squid, or a scientist will jerk them off. I don't have time to get into it

off. I don't have time to get into it

off. I don't have time to get into it right now. Just Google that yourselves.

right now. Just Google that yourselves.

right now. Just Google that yourselves. But according to one expert, actually,

But according to one expert, actually,

But according to one expert, actually, you know what? I will just tell you

you know what? I will just tell you

you know what? I will just tell you quickly, in the 1960s, this woman,

quickly, in the 1960s, this woman,

quickly, in the 1960s, this woman, Margaret Love, tried to teach a dolphin

Margaret Love, tried to teach a dolphin

Margaret Love, tried to teach a dolphin to speak English and thought the best

to speak English and thought the best

to speak English and thought the best way to do that was to live with the

way to do that was to live with the

way to do that was to live with the dolphin 24 hours a day. But her lessons

dolphin 24 hours a day. But her lessons

dolphin 24 hours a day. But her lessons kept getting derailed by the dolphin

kept getting derailed by the dolphin

kept getting derailed by the dolphin sexual urges. And her solution to that

sexual urges. And her solution to that

sexual urges. And her solution to that problem was to relieve those urges for

problem was to relieve those urges for

problem was to relieve those urges for him. Long story short, the dolphin never

him. Long story short, the dolphin never

him. Long story short, the dolphin never learned to speak English and was sent to

learned to speak English and was sent to

learned to speak English and was sent to live in an abandoned bank in Miami. And

live in an abandoned bank in Miami. And

live in an abandoned bank in Miami. And I'll be honest with you, if that dolphin

I'll be honest with you, if that dolphin

I'll be honest with you, if that dolphin didn't learn to speak English, I'm not

didn't learn to speak English, I'm not

didn't learn to speak English, I'm not sure it can be done. But again, we don't

sure it can be done. But again, we don't

sure it can be done. But again, we don't have time. The point is, there are

have time. The point is, there are

have time. The point is, there are military dolphins, and over the years,

military dolphins, and over the years,

military dolphins, and over the years, we put them to work. We brought a team

we put them to work. We brought a team

we put them to work. We brought a team of five dolphins to Vietnam to guard an

of five dolphins to Vietnam to guard an

of five dolphins to Vietnam to guard an ammunition pier because that war didn't

ammunition pier because that war didn't

ammunition pier because that war didn't have enough going on. In the run-up to

have enough going on. In the run-up to

have enough going on. In the run-up to the first Gulf War, a team of six

the first Gulf War, a team of six

the first Gulf War, a team of six dolphins patrolled the harbor in Bahrain

dolphins patrolled the harbor in Bahrain

dolphins patrolled the harbor in Bahrain and escorted Kuwaiti oil tankers through

and escorted Kuwaiti oil tankers through

and escorted Kuwaiti oil tankers through dangerous waters. And during the Iraq

dangerous waters. And during the Iraq

dangerous waters. And during the Iraq war, a team of dolphins helped disarm

war, a team of dolphins helped disarm

war, a team of dolphins helped disarm more than 100 anti- shship mines and

more than 100 anti- shship mines and

more than 100 anti- shship mines and underwater booby traps planted by

underwater booby traps planted by

underwater booby traps planted by Saddam's forces, meaning dolphins have

Saddam's forces, meaning dolphins have

Saddam's forces, meaning dolphins have objectively done more frontline military

objectively done more frontline military

objectively done more frontline military service than anyone with the LAST NAME

service than anyone with the LAST NAME

service than anyone with the LAST NAME TRUMP. NOW, the USDA has consistently

TRUMP. NOW, the USDA has consistently

TRUMP. NOW, the USDA has consistently maintained it only uses dolphins for

maintained it only uses dolphins for

maintained it only uses dolphins for defensive purposes and not to attack the

defensive purposes and not to attack the

defensive purposes and not to attack the enemy, pointing out that since dolphins

enemy, pointing out that since dolphins

enemy, pointing out that since dolphins cannot discern the difference between

cannot discern the difference between

cannot discern the difference between enemy and friendly vessels, it would not

enemy and friendly vessels, it would not

enemy and friendly vessels, it would not be wise to give that kind of decision

be wise to give that kind of decision

be wise to give that kind of decision authority to an animal. It's also

authority to an animal. It's also

authority to an animal. It's also claimed that rumors to the contrary

claimed that rumors to the contrary

claimed that rumors to the contrary arise from media speculation, thanks in

arise from media speculation, thanks in

arise from media speculation, thanks in part to a popular movie in 1973 which

part to a popular movie in 1973 which

part to a popular movie in 1973 which reinforced those ideas. And specifically

reinforced those ideas. And specifically

reinforced those ideas. And specifically they are talking about this movie.

they are talking about this movie.

they are talking about this movie. >> Unwittingly he had trained a dolphin to

>> Unwittingly he had trained a dolphin to

>> Unwittingly he had trained a dolphin to kill the president of the United States.

kill the president of the United States.

kill the president of the United States. >> Can you find B?

>> Can you find B?

>> Can you find B? >> Find me.

>> Find me.

>> Find me. >> Stop be. The thing on Bee's back will

>> Stop be. The thing on Bee's back will

>> Stop be. The thing on Bee's back will hurt.

hurt.

hurt. >> Far. Stop be now.

>> George C. Scott in a Mike Nichols film,

>> George C. Scott in a Mike Nichols film,

>> George C. Scott in a Mike Nichols film, The Day of the Dolphin.

>> Yes. Yes. Yes. Yes. Now, [applause]

>> Yes. Yes. Yes. Yes. Now, [applause]

>> Yes. Yes. Yes. Yes. Now, [applause] okay, for the record, unwittingly, he

okay, for the record, unwittingly, he

okay, for the record, unwittingly, he had trained a dolphin to kill the

had trained a dolphin to kill the

had trained a dolphin to kill the president of the United States is from

president of the United States is from

president of the United States is from the bottom of my heart the funniest

the bottom of my heart the funniest

the bottom of my heart the funniest sentence in history. It is such a

sentence in history. It is such a

sentence in history. It is such a perfectly direct summary of the plot.

perfectly direct summary of the plot.

perfectly direct summary of the plot. They even put it on the actual poster

They even put it on the actual poster

They even put it on the actual poster for this actual movie that was again

for this actual movie that was again

for this actual movie that was again directed by Mike Nichols, you know, of

directed by Mike Nichols, you know, of

directed by Mike Nichols, you know, of the graduate who's afraid of Virginia

the graduate who's afraid of Virginia

the graduate who's afraid of Virginia Wolf and the Day of the Dolphin. A few

Wolf and the Day of the Dolphin. A few

Wolf and the Day of the Dolphin. A few fun facts. Mike Nichols apparently

fun facts. Mike Nichols apparently

fun facts. Mike Nichols apparently referred to the this film as the fish

referred to the this film as the fish

referred to the this film as the fish movie and had a hard time during its

movie and had a hard time during its

movie and had a hard time during its production as innumerable delays were

production as innumerable delays were

production as innumerable delays were caused by the dolphins who tended to

caused by the dolphins who tended to

caused by the dolphins who tended to make a game out of rearranging the

make a game out of rearranging the

make a game out of rearranging the underwater lights once they had been set

underwater lights once they had been set

underwater lights once they had been set up because of course they did. Well

up because of course they did. Well

up because of course they did. Well done, dolphins. According to the

done, dolphins. According to the

done, dolphins. According to the screenwriter, on the last day of the

screenwriter, on the last day of the

screenwriter, on the last day of the shoot, they apparently did three takes

shoot, they apparently did three takes

shoot, they apparently did three takes of the dolphins swimming off, and after

of the dolphins swimming off, and after

of the dolphins swimming off, and after take three, THEY NEVER CAME BACK AGAIN.

take three, THEY NEVER CAME BACK AGAIN.

take three, THEY NEVER CAME BACK AGAIN. Well done, Dolphins. And finally,

Well done, Dolphins. And finally,

Well done, Dolphins. And finally, Nicholls repeatedly claimed he made that

Nicholls repeatedly claimed he made that

Nicholls repeatedly claimed he made that movie as a favor to Roman Palansky. Just

movie as a favor to Roman Palansky. Just

movie as a favor to Roman Palansky. Just in case you thought THAT MOVIE COULDN'T

in case you thought THAT MOVIE COULDN'T

in case you thought THAT MOVIE COULDN'T GET ANY WEIRDER. NOW, at this

GET ANY WEIRDER. NOW, at this

GET ANY WEIRDER. NOW, at this point, you might understandably be

point, you might understandably be

point, you might understandably be wondering, "Wait, if dolphins don't

wondering, "Wait, if dolphins don't

wondering, "Wait, if dolphins don't carry mines to enemy ships, then why is

carry mines to enemy ships, then why is

carry mines to enemy ships, then why is the US government being asked about

the US government being asked about

the US government being asked about Iranian kamicazi dolphins?" Good

Iranian kamicazi dolphins?" Good

Iranian kamicazi dolphins?" Good question. Well, the US Navy insists that

question. Well, the US Navy insists that

question. Well, the US Navy insists that we don't use dolphins to do that. But

we don't use dolphins to do that. But

we don't use dolphins to do that. But other countries apparently have trained

other countries apparently have trained

other countries apparently have trained them to attack. The Soviet Union's Navy

them to attack. The Soviet Union's Navy

them to attack. The Soviet Union's Navy reportedly developed its own marine

reportedly developed its own marine

reportedly developed its own marine mammal program, as part of which

mammal program, as part of which

mammal program, as part of which dolphins and other aquatic mammals were

dolphins and other aquatic mammals were

dolphins and other aquatic mammals were trained by Russian experts to attack

trained by Russian experts to attack

trained by Russian experts to attack warships and enemy frogmen. Now, after

warships and enemy frogmen. Now, after

warships and enemy frogmen. Now, after the dissolution of the USSR, the program

the dissolution of the USSR, the program

the dissolution of the USSR, the program fell into neglect in the 1990s, and when

fell into neglect in the 1990s, and when

fell into neglect in the 1990s, and when funding for the project ceased. Many

funding for the project ceased. Many

funding for the project ceased. Many were moved to a private dolphinarium to

were moved to a private dolphinarium to

were moved to a private dolphinarium to perform for tourists in Ukraine.

perform for tourists in Ukraine.

perform for tourists in Ukraine. Eventually, the tourist trade dried up,

Eventually, the tourist trade dried up,

Eventually, the tourist trade dried up, and sadly, their trainer was then forced

and sadly, their trainer was then forced

and sadly, their trainer was then forced to sell those military trained killer

to sell those military trained killer

to sell those military trained killer dolphins, leading to the immortal

dolphins, leading to the immortal

dolphins, leading to the immortal headline, Iran buys kamicazi dolphins.

headline, Iran buys kamicazi dolphins.

headline, Iran buys kamicazi dolphins. Now, admittedly, that was 26 years ago,

Now, admittedly, that was 26 years ago,

Now, admittedly, that was 26 years ago, and some reports have speculated that

and some reports have speculated that

and some reports have speculated that those particular dolphins would now be

those particular dolphins would now be

those particular dolphins would now be too old for Iran to use in the straight

too old for Iran to use in the straight

too old for Iran to use in the straight up form, which is a bit rude. But even

up form, which is a bit rude. But even

up form, which is a bit rude. But even if that is true, Iran may have gotten

if that is true, Iran may have gotten

if that is true, Iran may have gotten new dolphins from Russia since then,

new dolphins from Russia since then,

new dolphins from Russia since then, given it's reportedly revived its killer

given it's reportedly revived its killer

given it's reportedly revived its killer dolphin program. Oh, and one more thing

dolphin program. Oh, and one more thing

dolphin program. Oh, and one more thing here. A few years ago, Hamas apparently

here. A few years ago, Hamas apparently

here. A few years ago, Hamas apparently claimed Israel had a dolphin weapons

claimed Israel had a dolphin weapons

claimed Israel had a dolphin weapons program, too, leading to the real

program, too, leading to the real

program, too, leading to the real headline in the Jerusalem Post, "Killer

headline in the Jerusalem Post, "Killer

headline in the Jerusalem Post, "Killer Zionist dolphins. Hamas claims they

Zionist dolphins. Hamas claims they

Zionist dolphins. Hamas claims they exist. And that headline is a minefield

exist. And that headline is a minefield

exist. And that headline is a minefield even the best trained military dolphin

even the best trained military dolphin

even the best trained military dolphin could not navigate safely. Anyway, I

could not navigate safely. Anyway, I

could not navigate safely. Anyway, I think we've all heard a lot more about

think we've all heard a lot more about

think we've all heard a lot more about bomb dolphins this week than we thought

bomb dolphins this week than we thought

bomb dolphins this week than we thought we were going to on Monday. Which brings

we were going to on Monday. Which brings

we were going to on Monday. Which brings us back to the Iran war because who

us back to the Iran war because who

us back to the Iran war because who knows what is coming next. We're taping

knows what is coming next. We're taping

knows what is coming next. We're taping this on Saturday as the US awaits Iran's

this on Saturday as the US awaits Iran's

this on Saturday as the US awaits Iran's response to its proposal to end the war.

response to its proposal to end the war.

response to its proposal to end the war. But it's definitely not a great sign

But it's definitely not a great sign

But it's definitely not a great sign that both sides have now resumed

that both sides have now resumed

that both sides have now resumed attacking each other. And Trump's even a

attacking each other. And Trump's even a

attacking each other. And Trump's even a floated the idea of resuming Project

floated the idea of resuming Project

floated the idea of resuming Project Freedom if no deal is reached. Though in

Freedom if no deal is reached. Though in

Freedom if no deal is reached. Though in his screaming next to a helicopter time

his screaming next to a helicopter time

his screaming next to a helicopter time on Friday, he added a little twist.

on Friday, he added a little twist.

on Friday, he added a little twist. >> We may go back to Project Freedom if

>> We may go back to Project Freedom if

>> We may go back to Project Freedom if things don't happen. But it would be

things don't happen. But it would be

things don't happen. But it would be Project Freedom Plus, meaning Project

Project Freedom Plus, meaning Project

Project Freedom Plus, meaning Project Freedom Plus other.

Freedom Plus other.

Freedom Plus other. Look,

Look,

Look, I think it's pretty clear this guy has

I think it's pretty clear this guy has

I think it's pretty clear this guy has got absolutely nothing because Project

got absolutely nothing because Project

got absolutely nothing because Project Freedom Plus is the most ridiculous

Freedom Plus is the most ridiculous

Freedom Plus is the most ridiculous series of words I have seen this week.

series of words I have seen this week.

series of words I have seen this week. Which is really saying something cuz

Which is really saying something cuz

Which is really saying something cuz I'll remind you that tonight you've

I'll remind you that tonight you've

I'll remind you that tonight you've repeatedly heard the phrase unwittingly

repeatedly heard the phrase unwittingly

repeatedly heard the phrase unwittingly he had trained a dolphin to kill the

he had trained a dolphin to kill the

he had trained a dolphin to kill the president of the United States. And now

president of the United States. And now

president of the United States. And now this.

this.

this. >> And now [cheering] people on TV are not

>> And now [cheering] people on TV are not

>> And now [cheering] people on TV are not excited about Star Wars Day. May the

excited about Star Wars Day. May the

excited about Star Wars Day. May the Fourth be with you.

Fourth be with you.

Fourth be with you. >> Yes, today is May the 4th. You Star Wars

>> Yes, today is May the 4th. You Star Wars

>> Yes, today is May the 4th. You Star Wars person?

person?

person? >> No.

>> No.

>> No. >> I've never seen Star Wars, but he's I

>> I've never seen Star Wars, but he's I

>> I've never seen Star Wars, but he's I like

like

like >> he's a classic.

>> he's a classic.

>> he's a classic. >> Baby Yoda, and he's a classic. So,

>> Baby Yoda, and he's a classic. So,

>> Baby Yoda, and he's a classic. So, >> exactly.

>> exactly.

>> exactly. >> Okay. All right. Well, that's enough

>> Okay. All right. Well, that's enough

>> Okay. All right. Well, that's enough about Star Wars.

about Star Wars.

about Star Wars. >> But this annual day is very important. I

>> But this annual day is very important. I

>> But this annual day is very important. I know to my older brothers and some of

know to my older brothers and some of

know to my older brothers and some of the other Star Wars fans. Some people

the other Star Wars fans. Some people

the other Star Wars fans. Some people call them nerds, but they call

call them nerds, but they call

call them nerds, but they call themselves fans.

themselves fans.

themselves fans. >> You know, I'm going to be honest with

>> You know, I'm going to be honest with

>> You know, I'm going to be honest with you guys, okay? My [music] stepdad used

you guys, okay? My [music] stepdad used

you guys, okay? My [music] stepdad used to make us watch Star Wars as

to make us watch Star Wars as

to make us watch Star Wars as punishment.

punishment.

punishment. >> Like if we got Yes. If we got in

>> Like if we got Yes. If we got in

>> Like if we got Yes. If we got in trouble. It was not my thing. Well, he

trouble. It was not my thing. Well, he

trouble. It was not my thing. Well, he got he got in trouble how he liked it.

got he got in trouble how he liked it.

got he got in trouble how he liked it. >> He was obsessed. He was looking for

>> He was obsessed. He was looking for

>> He was obsessed. He was looking for friends.

friends.

friends. >> I'm just going to I'm just going to just

>> I'm just going to I'm just going to just

>> I'm just going to I'm just going to just just stay right [music] here. Hello,

just stay right [music] here. Hello,

just stay right [music] here. Hello, Darth. Nice to meet you.

Darth. Nice to meet you.

Darth. Nice to meet you. >> I never got into it.

>> I never got into it.

>> I never got into it. >> He never watched a single Star Wars.

>> He never watched a single Star Wars.

>> He never watched a single Star Wars. >> Nope. Never did.

>> Nope. Never did.

>> Nope. Never did. >> We're happy to be doing some trending

>> We're happy to be doing some trending

>> We're happy to be doing some trending again today.

again today.

again today. >> May the fourth be with you. [music]

>> May the fourth be with you. [music]

>> May the fourth be with you. [music] >> Yes. There you go, Deon. And also with

>> Yes. There you go, Deon. And also with

>> Yes. There you go, Deon. And also with you.

you.

you. >> There you go.

>> Moving on. [cheering] Our main story

>> Moving on. [cheering] Our main story

>> Moving on. [cheering] Our main story tonight concerns the Supreme Court. It's

tonight concerns the Supreme Court. It's

tonight concerns the Supreme Court. It's been in the news a lot lately,

been in the news a lot lately,

been in the news a lot lately, especially thanks to last week's Voting

especially thanks to last week's Voting

especially thanks to last week's Voting Rights Act decision. If you haven't

Rights Act decision. If you haven't

Rights Act decision. If you haven't heard, it was a 6-3 decision in the case

heard, it was a 6-3 decision in the case

heard, it was a 6-3 decision in the case of White People versus everybody. And

of White People versus everybody. And

of White People versus everybody. And you'll never guess who they ruled in

you'll never guess who they ruled in

you'll never guess who they ruled in favor of. But I actually want to talk

favor of. But I actually want to talk

favor of. But I actually want to talk about a pattern you may have noticed

about a pattern you may have noticed

about a pattern you may have noticed recently. Basically, Trump comes out

recently. Basically, Trump comes out

recently. Basically, Trump comes out with a new executive order or action. A

with a new executive order or action. A

with a new executive order or action. A bunch of legal experts say, "I'm not

bunch of legal experts say, "I'm not

bunch of legal experts say, "I'm not sure he can do that." Some courts weigh

sure he can do that." Some courts weigh

sure he can do that." Some courts weigh in and say, "Yeah, he definitely can't

in and say, "Yeah, he definitely can't

in and say, "Yeah, he definitely can't do that. He needs to stop." And then

do that. He needs to stop." And then

do that. He needs to stop." And then this happens. Looks like the Supreme

this happens. Looks like the Supreme

this happens. Looks like the Supreme Court is allowing President Trump to

Court is allowing President Trump to

Court is allowing President Trump to implement his ban on transgender people

implement his ban on transgender people

implement his ban on transgender people serving in the military.

serving in the military.

serving in the military. >> The US Supreme Court is letting the

>> The US Supreme Court is letting the

>> The US Supreme Court is letting the Trump administration move forward with

Trump administration move forward with

Trump administration move forward with freezing $4 billion in foreign aid.

freezing $4 billion in foreign aid.

freezing $4 billion in foreign aid. >> The justice is ruling that the president

>> The justice is ruling that the president

>> The justice is ruling that the president can indeed proceed with his plan to try

can indeed proceed with his plan to try

can indeed proceed with his plan to try to dismantle the education department

to dismantle the education department

to dismantle the education department with mass layoffs.

with mass layoffs.

with mass layoffs. >> Right. The court has been repeatedly

>> Right. The court has been repeatedly

>> Right. The court has been repeatedly jumping into ongoing cases to say, you

jumping into ongoing cases to say, you

jumping into ongoing cases to say, you know what, while this works its way

know what, while this works its way

know what, while this works its way through the courts, Trump should get to

through the courts, Trump should get to

through the courts, Trump should get to do the thing that he wants to do anyway.

do the thing that he wants to do anyway.

do the thing that he wants to do anyway. It's basically a football referee

It's basically a football referee

It's basically a football referee saying, pending a final ruling on the

saying, pending a final ruling on the

saying, pending a final ruling on the illegality of the quarterback having a

illegality of the quarterback having a

illegality of the quarterback having a gun. I'm just going to stand back and

gun. I'm just going to stand back and

gun. I'm just going to stand back and see where he's going with this. And that

see where he's going with this. And that

see where he's going with this. And that is possible thanks to the rise of what's

is possible thanks to the rise of what's

is possible thanks to the rise of what's known as the shadow docket. And to

known as the shadow docket. And to

known as the shadow docket. And to explain what it is, it's probably useful

explain what it is, it's probably useful

explain what it is, it's probably useful to remember how regular Supreme Court

to remember how regular Supreme Court

to remember how regular Supreme Court cases are decided. When you think of a

cases are decided. When you think of a

cases are decided. When you think of a Supreme Court case, you're thinking of a

Supreme Court case, you're thinking of a

Supreme Court case, you're thinking of a case on the merits docket. [music]

case on the merits docket. [music]

case on the merits docket. [music] A case starts in a district court, is

A case starts in a district court, is

A case starts in a district court, is appealed to a circuit court, often

appealed to a circuit court, often

appealed to a circuit court, often called an appeals court, and then it's

called an appeals court, and then it's

called an appeals court, and then it's petitioned to be heard by the Supreme

petitioned to be heard by the Supreme

petitioned to be heard by the Supreme Court. From there, briefs are written,

Court. From there, briefs are written,

Court. From there, briefs are written, arguing each side, then oral arguments

arguing each side, then oral arguments

arguing each side, then oral arguments where the justices can ask questions,

where the justices can ask questions,

where the justices can ask questions, and then they meet privately in person

and then they meet privately in person

and then they meet privately in person to discuss the case and vote on it. They

to discuss the case and vote on it. They

to discuss the case and vote on it. They spend months writing long opinions and

spend months writing long opinions and

spend months writing long opinions and dissents, and then we know who won and

dissents, and then we know who won and

dissents, and then we know who won and who lost and why. And that detailed

who lost and why. And that detailed

who lost and why. And that detailed explanation helps these lower courts

explanation helps these lower courts

explanation helps these lower courts understand how to apply it to similar

understand how to apply it to similar

understand how to apply it to similar cases going forward.

cases going forward.

cases going forward. >> Yeah, that is very basically it.

>> Yeah, that is very basically it.

>> Yeah, that is very basically it. Although one small thing there, saying

Although one small thing there, saying

Although one small thing there, saying when you think of a Supreme Court case,

when you think of a Supreme Court case,

when you think of a Supreme Court case, you're thinking of the merits docket.

you're thinking of the merits docket.

you're thinking of the merits docket. Excuse me. You don't know what I'm

Excuse me. You don't know what I'm

Excuse me. You don't know what I'm thinking of when I think of the Supreme

thinking of when I think of the Supreme

thinking of when I think of the Supreme Court. Especially as what I'm actually

Court. Especially as what I'm actually

Court. Especially as what I'm actually thinking about is how the sequel to

thinking about is how the sequel to

thinking about is how the sequel to Legally Blonde, Legally Blonde 2, Red,

Legally Blonde, Legally Blonde 2, Red,

Legally Blonde, Legally Blonde 2, Red, White, and Blonde dropped the ball by

White, and Blonde dropped the ball by

White, and Blonde dropped the ball by not having Lwoods argue a case in front

not having Lwoods argue a case in front

not having Lwoods argue a case in front of it. Come on, guys. The best part of

of it. Come on, guys. The best part of

of it. Come on, guys. The best part of the first movie is the murder trial and

the first movie is the murder trial and

the first movie is the murder trial and the sequel has no trial scenes. You set

the sequel has no trial scenes. You set

the sequel has no trial scenes. You set the movie in DC and don't let El show

the movie in DC and don't let El show

the movie in DC and don't let El show what she can do in front of the highest

what she can do in front of the highest

what she can do in front of the highest court in the land. That is madness.

court in the land. That is madness.

court in the land. That is madness. Anyway, that is what I'm always thinking

Anyway, that is what I'm always thinking

Anyway, that is what I'm always thinking of when I think of a Supreme Court case.

of when I think of a Supreme Court case.

of when I think of a Supreme Court case. The one I'm eventually going to bring

The one I'm eventually going to bring

The one I'm eventually going to bring against the producers of Legally Blondoo

against the producers of Legally Blondoo

against the producers of Legally Blondoo for not putting Reese in a position to

for not putting Reese in a position to

for not putting Reese in a position to succeed.

succeed.

succeed. But admittedly, the second thing I'm

But admittedly, the second thing I'm

But admittedly, the second thing I'm thinking of is that process, the regular

thinking of is that process, the regular

thinking of is that process, the regular established path to the Supreme Court,

established path to the Supreme Court,

established path to the Supreme Court, district courts, circuit courts, Supreme

district courts, circuit courts, Supreme

district courts, circuit courts, Supreme Court. But if a litigant is in a hurry

Court. But if a litigant is in a hurry

Court. But if a litigant is in a hurry and they think the Supreme Court's going

and they think the Supreme Court's going

and they think the Supreme Court's going to be extra friendly to them for some

to be extra friendly to them for some

to be extra friendly to them for some reason, then the shadow docket offers a

reason, then the shadow docket offers a

reason, then the shadow docket offers a much speedier way to get your case

much speedier way to get your case

much speedier way to get your case there. Basically, any litigant in a

there. Basically, any litigant in a

there. Basically, any litigant in a federal case can ask the Supreme Court

federal case can ask the Supreme Court

federal case can ask the Supreme Court to step in and provide a temporary

to step in and provide a temporary

to step in and provide a temporary ruling on what should happen while their

ruling on what should happen while their

ruling on what should happen while their case works its way through the system,

case works its way through the system,

case works its way through the system, which can take years. By the way, five

which can take years. By the way, five

which can take years. By the way, five votes among the nine justices are needed

votes among the nine justices are needed

votes among the nine justices are needed to grant a request for the court to

to grant a request for the court to

to grant a request for the court to intervene. And that request must meet

intervene. And that request must meet

intervene. And that request must meet certain criteria, including that the

certain criteria, including that the

certain criteria, including that the applicants would suffer quote

applicants would suffer quote

applicants would suffer quote irreparable harm if it's not granted.

irreparable harm if it's not granted.

irreparable harm if it's not granted. And that term irreparable harm is really

And that term irreparable harm is really

And that term irreparable harm is really important because it sets a very high

important because it sets a very high

important because it sets a very high bar. Which is why for years, the

bar. Which is why for years, the

bar. Which is why for years, the docket's main use was in one particular

docket's main use was in one particular

docket's main use was in one particular type of case. As this law professor

type of case. As this law professor

type of case. As this law professor explains,

explains,

explains, >> if someone's going to be executed the

>> if someone's going to be executed the

>> if someone's going to be executed the next day and he's the the person's

next day and he's the the person's

next day and he's the the person's lawyers are saying, "Listen, I this my

lawyers are saying, "Listen, I this my

lawyers are saying, "Listen, I this my client was convicted or put on death row

client was convicted or put on death row

client was convicted or put on death row for the wrong reasons. He's innocent or

for the wrong reasons. He's innocent or

for the wrong reasons. He's innocent or there's some problems in the process."

there's some problems in the process."

there's some problems in the process." The Supreme Court might say, "Okay,

The Supreme Court might say, "Okay,

The Supreme Court might say, "Okay, we're going to stay the execution order

we're going to stay the execution order

we're going to stay the execution order under this emergency process

under this emergency process

under this emergency process because once this person's executed, we

because once this person's executed, we

because once this person's executed, we can't fix the the problem." Right.

can't fix the the problem." Right.

can't fix the the problem." Right. >> Right.

>> Right.

>> Right. Once someone is executed, it is

Once someone is executed, it is

Once someone is executed, it is generally too late to do anything about

generally too late to do anything about

generally too late to do anything about it, besides maybe sending them a card

it, besides maybe sending them a card

it, besides maybe sending them a card from Hallmark's belated exoneration

from Hallmark's belated exoneration

from Hallmark's belated exoneration section. But Trump's now using the

section. But Trump's now using the

section. But Trump's now using the shadow docket for a lot more than just

shadow docket for a lot more than just

shadow docket for a lot more than just death penalty cases. Because if a lower

death penalty cases. Because if a lower

death penalty cases. Because if a lower court issues a ruling that he doesn't

court issues a ruling that he doesn't

court issues a ruling that he doesn't like, say pausing an executive action

like, say pausing an executive action

like, say pausing an executive action until it's been fully litigated, he'll

until it's been fully litigated, he'll

until it's been fully litigated, he'll now run to the Supreme Court and ask

now run to the Supreme Court and ask

now run to the Supreme Court and ask them to rule in his favor on the shadow

them to rule in his favor on the shadow

them to rule in his favor on the shadow docket. And recently, he's been doing

docket. And recently, he's been doing

docket. And recently, he's been doing that a lot. This is every time the

that a lot. This is every time the

that a lot. This is every time the federal government had a case there back

federal government had a case there back

federal government had a case there back to the first Trump administration.

to the first Trump administration.

to the first Trump administration. [music] And here's just eight months

[music] And here's just eight months

[music] And here's just eight months into his second term. It's being used in

into his second term. It's being used in

into his second term. It's being used in record numbers.

record numbers.

record numbers. >> Yet Trump keeps claiming he needs an

>> Yet Trump keeps claiming he needs an

>> Yet Trump keeps claiming he needs an emergency ruling and the court keeps

emergency ruling and the court keeps

emergency ruling and the court keeps agreeing with him. That chart is pretty

agreeing with him. That chart is pretty

agreeing with him. That chart is pretty striking. Though to be fair, you could

striking. Though to be fair, you could

striking. Though to be fair, you could probably use it for any number of things

probably use it for any number of things

probably use it for any number of things in the second Trump administration from

in the second Trump administration from

in the second Trump administration from measles cases to gold nailed to the

measles cases to gold nailed to the

measles cases to gold nailed to the walls of the White House to use of the

walls of the White House to use of the

walls of the White House to use of the phrase when it happens. And this

phrase when it happens. And this

phrase when it happens. And this strategy is paying off. As in the last

strategy is paying off. As in the last

strategy is paying off. As in the last year alone, the courts issued decisions

year alone, the courts issued decisions

year alone, the courts issued decisions via the shadow docket that allowed this

via the shadow docket that allowed this

via the shadow docket that allowed this administration to cut hundreds of

administration to cut hundreds of

administration to cut hundreds of millions of dollars worth of grants to

millions of dollars worth of grants to

millions of dollars worth of grants to universities, dismiss every transgender

universities, dismiss every transgender

universities, dismiss every transgender service member from the military, cut a

service member from the military, cut a

service member from the military, cut a third of the Department of Education,

third of the Department of Education,

third of the Department of Education, fire hundreds of thousands of federal

fire hundreds of thousands of federal

fire hundreds of thousands of federal employees, and refuse to spend $4

employees, and refuse to spend $4

employees, and refuse to spend $4 billion in congressionally appointed

billion in congressionally appointed

billion in congressionally appointed foreign aid. And look, there are clearly

foreign aid. And look, there are clearly

foreign aid. And look, there are clearly a lot of problems with the current

a lot of problems with the current

a lot of problems with the current Supreme Court. Six of them to be

Supreme Court. Six of them to be

Supreme Court. Six of them to be precise. the Five Boys and this

precise. the Five Boys and this

precise. the Five Boys and this preschool teacher who still hits. But

preschool teacher who still hits. But

preschool teacher who still hits. But their work on the shadow docket has

their work on the shadow docket has

their work on the shadow docket has empowered some of Trump's worst policies

empowered some of Trump's worst policies

empowered some of Trump's worst policies to the point it's now become his go-to

to the point it's now become his go-to

to the point it's now become his go-to method to get his way. One former

method to get his way. One former

method to get his way. One former solicitor general has even said of the

solicitor general has even said of the

solicitor general has even said of the docket that it's swallowed the court

docket that it's swallowed the court

docket that it's swallowed the court both in terms of workload and even

both in terms of workload and even

both in terms of workload and even practical importance. So given all that,

practical importance. So given all that,

practical importance. So given all that, tonight let's look at the shadow docket,

tonight let's look at the shadow docket,

tonight let's look at the shadow docket, what it is, why it exists, and how it's

what it is, why it exists, and how it's

what it is, why it exists, and how it's being abused. And let's start by

being abused. And let's start by

being abused. And let's start by acknowledging the term itself is a bit

acknowledging the term itself is a bit

acknowledging the term itself is a bit It was first coined by a law

It was first coined by a law

It was first coined by a law professor criticizing the practice and

professor criticizing the practice and

professor criticizing the practice and some justices do not care for it. Amy

some justices do not care for it. Amy

some justices do not care for it. Amy Con Barrett said she prefers emergency

Con Barrett said she prefers emergency

Con Barrett said she prefers emergency docket and Brett Kavanaaugh reportedly

docket and Brett Kavanaaugh reportedly

docket and Brett Kavanaaugh reportedly pushed for calling it the interim

pushed for calling it the interim

pushed for calling it the interim docket. Samuel Alito actually gave a

docket. Samuel Alito actually gave a

docket. Samuel Alito actually gave a whole lecture to Notre Dame law students

whole lecture to Notre Dame law students

whole lecture to Notre Dame law students about how misunderstood the docket is.

about how misunderstood the docket is.

about how misunderstood the docket is. And fun fact, his lecture wasn't

And fun fact, his lecture wasn't

And fun fact, his lecture wasn't supposed to be recorded, but we got the

supposed to be recorded, but we got the

supposed to be recorded, but we got the audio of it and here's a taste.

audio of it and here's a taste.

audio of it and here's a taste. >> The term is memorable and suggestive.

>> The term is memorable and suggestive.

>> The term is memorable and suggestive. Journalists and some political figures

Journalists and some political figures

Journalists and some political figures have found it useful. It brings to mind

have found it useful. It brings to mind

have found it useful. It brings to mind something sneaky and dangerous. And I'm

something sneaky and dangerous. And I'm

something sneaky and dangerous. And I'm sure when ordinary people who don't

sure when ordinary people who don't

sure when ordinary people who don't follow the work of the Supreme Court

follow the work of the Supreme Court

follow the work of the Supreme Court closely hear it, they're disturbed. They

closely hear it, they're disturbed. They

closely hear it, they're disturbed. They say, "What are these people trying to

say, "What are these people trying to

say, "What are these people trying to do? What are they trying to hide in the

do? What are they trying to hide in the

do? What are they trying to hide in the middle of the night? Let the sunshine

middle of the night? Let the sunshine

middle of the night? Let the sunshine in." That's exactly what I'm going to

in." That's exactly what I'm going to

in." That's exactly what I'm going to try to do this afternoon.

try to do this afternoon.

try to do this afternoon. >> Okay. Set aside the bad faith claim of

>> Okay. Set aside the bad faith claim of

>> Okay. Set aside the bad faith claim of saying, "Let the sunshine in during a

saying, "Let the sunshine in during a

saying, "Let the sunshine in during a lecture at an exclusive law school that

lecture at an exclusive law school that

lecture at an exclusive law school that you've explicitly asked not to be

you've explicitly asked not to be

you've explicitly asked not to be recorded." Alito argued that day that

recorded." Alito argued that day that

recorded." Alito argued that day that there's absolutely nothing wrong with

there's absolutely nothing wrong with

there's absolutely nothing wrong with deciding cases on the shadow dock. And

deciding cases on the shadow dock. And

deciding cases on the shadow dock. And anyone who says different is just a sore

anyone who says different is just a sore

anyone who says different is just a sore loser.

loser.

loser. >> The real complaint of these critics is

>> The real complaint of these critics is

>> The real complaint of these critics is that we should have granted relief when

that we should have granted relief when

that we should have granted relief when they think it should have been denied

they think it should have been denied

they think it should have been denied and we have denied relief when they

and we have denied relief when they

and we have denied relief when they think it should have been granted. If

think it should have been granted. If

think it should have been granted. If they want to criticize us on those

they want to criticize us on those

they want to criticize us on those grounds, fine. Let them make their case.

grounds, fine. Let them make their case.

grounds, fine. Let them make their case. But attempting to disguise their real

But attempting to disguise their real

But attempting to disguise their real complaint with a lot of talk about a

complaint with a lot of talk about a

complaint with a lot of talk about a secretive, sinister, shadow docket is

secretive, sinister, shadow docket is

secretive, sinister, shadow docket is unworthy.

unworthy.

unworthy. >> Okay, Samuel. But you can not like a

>> Okay, Samuel. But you can not like a

>> Okay, Samuel. But you can not like a decision and also not like how it came

decision and also not like how it came

decision and also not like how it came about. Things can suck for more than one

about. Things can suck for more than one

about. Things can suck for more than one reason. You know, like when Jeopardy was

reason. You know, like when Jeopardy was

reason. You know, like when Jeopardy was looking for a new host and the producer

looking for a new host and the producer

looking for a new host and the producer in charge of the decision said, "Guess

in charge of the decision said, "Guess

in charge of the decision said, "Guess what? We found him. It's me.

what? We found him. It's me.

what? We found him. It's me. Congratulations to me on winning my

Congratulations to me on winning my

Congratulations to me on winning my contest. I look forward to working with

contest. I look forward to working with

contest. I look forward to working with the guy who I am. People had a lot of

the guy who I am. People had a lot of

the guy who I am. People had a lot of concerns about that and this guy sucks

concerns about that and this guy sucks

concerns about that and this guy sucks at hosting Jeopardy was only one of

at hosting Jeopardy was only one of

at hosting Jeopardy was only one of them. And it is not unreasonable to have

them. And it is not unreasonable to have

them. And it is not unreasonable to have complaints about the shadow dockets

complaints about the shadow dockets

complaints about the shadow dockets process given the damage some of these

process given the damage some of these

process given the damage some of these rulings have done because in many cases

rulings have done because in many cases

rulings have done because in many cases it has sure seemed like the court's

it has sure seemed like the court's

it has sure seemed like the court's intervention caused a lot more

intervention caused a lot more

intervention caused a lot more irreparable harm to people than Trump

irreparable harm to people than Trump

irreparable harm to people than Trump would have suffered simply by waiting

would have suffered simply by waiting

would have suffered simply by waiting for a regular ruling. take their

for a regular ruling. take their

for a regular ruling. take their decision to allow Trump to dismiss every

decision to allow Trump to dismiss every

decision to allow Trump to dismiss every trans member of the military. That had

trans member of the military. That had

trans member of the military. That had immediate consequences. As this service

immediate consequences. As this service

immediate consequences. As this service member explains,

member explains,

member explains, >> it's going to be devastating. Should

>> it's going to be devastating. Should

>> it's going to be devastating. Should that occur, I will lose a core component

that occur, I will lose a core component

that occur, I will lose a core component of my identity that's been with me my

of my identity that's been with me my

of my identity that's been with me my entire life. I will lose the single

entire life. I will lose the single

entire life. I will lose the single source of income right now for my

source of income right now for my

source of income right now for my family, the health care, the benefits

family, the health care, the benefits

family, the health care, the benefits associated with that, the onost housing

associated with that, the onost housing

associated with that, the onost housing that we have. Um just we'll lose

that we have. Um just we'll lose

that we have. Um just we'll lose everything at that point.

everything at that point.

everything at that point. >> Yeah. And when one party in the case

>> Yeah. And when one party in the case

>> Yeah. And when one party in the case stands to lose everything while the

stands to lose everything while the

stands to lose everything while the other will just have the exact same

other will just have the exact same

other will just have the exact same military he did yesterday, it seems

military he did yesterday, it seems

military he did yesterday, it seems clear which party would need emergency

clear which party would need emergency

clear which party would need emergency relief before the case was decided on

relief before the case was decided on

relief before the case was decided on its merits. But to be fair, I am not a

its merits. But to be fair, I am not a

its merits. But to be fair, I am not a Supreme Court justice, am I? I just

Supreme Court justice, am I? I just

Supreme Court justice, am I? I just occasionally try to bribe one on TV. And

occasionally try to bribe one on TV. And

occasionally try to bribe one on TV. And while a shadow docket decision is

while a shadow docket decision is

while a shadow docket decision is technically temporary while the case

technically temporary while the case

technically temporary while the case makes its way through the system, once

makes its way through the system, once

makes its way through the system, once an administration has a ruling that lets

an administration has a ruling that lets

an administration has a ruling that lets them do what they want, they have every

them do what they want, they have every

them do what they want, they have every incentive to drag their feet and delay a

incentive to drag their feet and delay a

incentive to drag their feet and delay a case's appeals. All of which makes it

case's appeals. All of which makes it

case's appeals. All of which makes it incredibly frustrating when you hear Amy

incredibly frustrating when you hear Amy

incredibly frustrating when you hear Amy Coney Barrett blly defend the docket

Coney Barrett blly defend the docket

Coney Barrett blly defend the docket like this.

like this.

like this. >> We're not resolving a case finally.

>> We're not resolving a case finally.

>> We're not resolving a case finally. We're just saying it's a kind of a for

We're just saying it's a kind of a for

We're just saying it's a kind of a for now. This is our best judgment about the

now. This is our best judgment about the

now. This is our best judgment about the merits, about the likelihood of success

merits, about the likelihood of success

merits, about the likelihood of success on the merits, and then you're

on the merits, and then you're

on the merits, and then you're considering other factors, too.

considering other factors, too.

considering other factors, too. >> Yeah, it's just a for now decision. So,

>> Yeah, it's just a for now decision. So,

>> Yeah, it's just a for now decision. So, that soldier losing her job really

that soldier losing her job really

that soldier losing her job really shouldn't complain. She's only losing it

shouldn't complain. She's only losing it

shouldn't complain. She's only losing it for now. All she has to do is not need

for now. All she has to do is not need

for now. All she has to do is not need money or housing until the court

money or housing until the court

money or housing until the court eventually gets around to deciding

eventually gets around to deciding

eventually gets around to deciding whether or not it should have been taken

whether or not it should have been taken

whether or not it should have been taken away from her in the first place. But

away from her in the first place. But

away from her in the first place. But that is just the beginning of the

that is just the beginning of the

that is just the beginning of the problems here because justices are also

problems here because justices are also

problems here because justices are also frequently making sweeping decisions

frequently making sweeping decisions

frequently making sweeping decisions without fully understanding a whole

without fully understanding a whole

without fully understanding a whole case. Cases are decided on the shadow

case. Cases are decided on the shadow

case. Cases are decided on the shadow docket without oral argument and

docket without oral argument and

docket without oral argument and sometimes without the full picture of

sometimes without the full picture of

sometimes without the full picture of the evidence that lower court

the evidence that lower court

the evidence that lower court proceedings might provide. Take the case

proceedings might provide. Take the case

proceedings might provide. Take the case of Gnome versus Vasquez Podomo. involved

of Gnome versus Vasquez Podomo. involved

of Gnome versus Vasquez Podomo. involved immigration raids in LA where federal

immigration raids in LA where federal

immigration raids in LA where federal officials conceded they were using race

officials conceded they were using race

officials conceded they were using race and ethnicity as a factor in deciding

and ethnicity as a factor in deciding

and ethnicity as a factor in deciding who to stop which is this is true racial

who to stop which is this is true racial

who to stop which is this is true racial profiling. A lower court told the

profiling. A lower court told the

profiling. A lower court told the government correctly to cut that

government correctly to cut that

government correctly to cut that out, but the government then appealed

out, but the government then appealed

out, but the government then appealed via the shadow docket and the Supreme

via the shadow docket and the Supreme

via the shadow docket and the Supreme Court ruled that they could proceed. And

Court ruled that they could proceed. And

Court ruled that they could proceed. And in a rare move, Brett Kavanaaugh

in a rare move, Brett Kavanaaugh

in a rare move, Brett Kavanaaugh actually wrote a brief explanation of

actually wrote a brief explanation of

actually wrote a brief explanation of why he reached that conclusion, saying

why he reached that conclusion, saying

why he reached that conclusion, saying immigration stops were typically brief

immigration stops were typically brief

immigration stops were typically brief and that individuals may promptly go

and that individuals may promptly go

and that individuals may promptly go free after making clear to the

free after making clear to the

free after making clear to the immigration officers that they are US

immigration officers that they are US

immigration officers that they are US citizens or otherwise legally in the

citizens or otherwise legally in the

citizens or otherwise legally in the United States. But that is for

United States. But that is for

United States. But that is for a bunch of reasons. First, the notion

a bunch of reasons. First, the notion

a bunch of reasons. First, the notion that any interaction with law

that any interaction with law

that any interaction with law enforcement is typically brief is

enforcement is typically brief is

enforcement is typically brief is something only a white guy named Brett

something only a white guy named Brett

something only a white guy named Brett would confidently assert. [cheering] But

would confidently assert. [cheering] But

would confidently assert. [cheering] But also, that's not even what the details

also, that's not even what the details

also, that's not even what the details of the case he was ruling on showed. As

of the case he was ruling on showed. As

of the case he was ruling on showed. As Justice Stomayor pointed out in her

Justice Stomayor pointed out in her

Justice Stomayor pointed out in her descent, two plaintiffs in the case had

descent, two plaintiffs in the case had

descent, two plaintiffs in the case had actually tried to explain that they were

actually tried to explain that they were

actually tried to explain that they were US citizens. One was then pushed against

US citizens. One was then pushed against

US citizens. One was then pushed against a fence with his arms twisted behind his

a fence with his arms twisted behind his

a fence with his arms twisted behind his back and the other was taken away from

back and the other was taken away from

back and the other was taken away from his job to a warehouse for further

his job to a warehouse for further

his job to a warehouse for further questioning. So Kavanaaugh's opinion

questioning. So Kavanaaugh's opinion

questioning. So Kavanaaugh's opinion wasn't even based on the facts on the

wasn't even based on the facts on the

wasn't even based on the facts on the ground. And whether that's because he

ground. And whether that's because he

ground. And whether that's because he was moving too fast to read up on the

was moving too fast to read up on the

was moving too fast to read up on the case, which is kind, or simply didn't

case, which is kind, or simply didn't

case, which is kind, or simply didn't care, which feels way more true, it

care, which feels way more true, it

care, which feels way more true, it doesn't really matter because the court

doesn't really matter because the court

doesn't really matter because the court had already ruled. And that ruling is

had already ruled. And that ruling is

had already ruled. And that ruling is actually one of the key reasons why

actually one of the key reasons why

actually one of the key reasons why earlier this year, federal agents in

earlier this year, federal agents in

earlier this year, federal agents in Minneapolis felt empowered to do

Minneapolis felt empowered to do

Minneapolis felt empowered to do like this. American citizens are getting

like this. American citizens are getting

like this. American citizens are getting stopped and questioned, including a

stopped and questioned, including a

stopped and questioned, including a woman walking down the street. And it's

woman walking down the street. And it's

woman walking down the street. And it's not where you

not where you

not where you >> It doesn't matter where I was from.

>> It doesn't matter where I was from.

>> It doesn't matter where I was from. [screaming] I belong here. I am US

[screaming] I belong here. I am US

[screaming] I belong here. I am US citizen.

citizen.

citizen. >> And this Uber driver.

>> And this Uber driver.

>> And this Uber driver. >> I can hear you don't have the same

>> I can hear you don't have the same

>> I can hear you don't have the same accent as me. That's why I'm

accent as me. That's why I'm

accent as me. That's why I'm >> Oh, so you go by accents now.

>> Oh, so you go by accents now.

>> Oh, so you go by accents now. >> People have been stopped for simply

>> People have been stopped for simply

>> People have been stopped for simply appearing to be Somali or appearing to

appearing to be Somali or appearing to

appearing to be Somali or appearing to be Latino or appearing to be foreign.

be Latino or appearing to be foreign.

be Latino or appearing to be foreign. And it's concerning because we also know

And it's concerning because we also know

And it's concerning because we also know we're not getting these stories

we're not getting these stories

we're not getting these stories from Irish folks and Norwegian folks

from Irish folks and Norwegian folks

from Irish folks and Norwegian folks here. Yeah, I bet you're not. And look,

here. Yeah, I bet you're not. And look,

here. Yeah, I bet you're not. And look, I'm not saying they should have done it,

I'm not saying they should have done it,

I'm not saying they should have done it, but it would have at least been a change

but it would have at least been a change

but it would have at least been a change of pace if the feds in Minneapolis had

of pace if the feds in Minneapolis had

of pace if the feds in Minneapolis had done some throwback anti-European

done some throwback anti-European

done some throwback anti-European racism, too. You know, signs in diner

racism, too. You know, signs in diner

racism, too. You know, signs in diner windows saying things like no spaghetti

windows saying things like no spaghetti

windows saying things like no spaghetti eaters and water fountains reading

eaters and water fountains reading

eaters and water fountains reading Swedes only, just to balance things out

Swedes only, just to balance things out

Swedes only, just to balance things out a bit. But the fact you can now be

a bit. But the fact you can now be

a bit. But the fact you can now be targeted for just speaking with an

targeted for just speaking with an

targeted for just speaking with an accent has given rise to some truly

accent has given rise to some truly

accent has given rise to some truly striking exchanges.

striking exchanges.

striking exchanges. >> You're not allowed. I don't care.

>> You're not allowed. I don't care.

>> You're not allowed. I don't care. >> What country are you from?

>> What country are you from?

>> What country are you from? >> You're not allowed. I'm from this

>> You're not allowed. I'm from this

>> You're not allowed. I'm from this country.

country.

country. >> You know what, sir? Now talking to you,

>> You know what, sir? Now talking to you,

>> You know what, sir? Now talking to you, seeing hearing that you have an accent.

seeing hearing that you have an accent.

seeing hearing that you have an accent. I have reason to believe that you are

I have reason to believe that you are

I have reason to believe that you are not born of this country.

not born of this country.

not born of this country. >> You just country. Do you have

>> You just country. Do you have

>> You just country. Do you have documentation?

documentation?

documentation? >> I do have my documentation

>> I do have my documentation

>> I do have my documentation >> and you present it to me.

>> and you present it to me.

>> and you present it to me. >> Why you asking me for my paperwork?

>> Why you asking me for my paperwork?

>> Why you asking me for my paperwork? >> Because of your accent.

>> Because of your accent.

>> Because of your accent. You have an accent, too. Where were you

You have an accent, too. Where were you

You have an accent, too. Where were you born? Where were you born at? Put your

born? Where were you born at? Put your

born? Where were you born at? Put your hands down. [applause]

hands down. [applause]

hands down. [applause] >> That is madness. No one should ever be

>> That is madness. No one should ever be

>> That is madness. No one should ever be arrested for speaking in an accent.

arrested for speaking in an accent.

arrested for speaking in an accent. Unless, of course, that person is C

Unless, of course, that person is C

Unless, of course, that person is C Hanks. But even then, I think we can

Hanks. But even then, I think we can

Hanks. But even then, I think we can probably just let him talk it down to a

probably just let him talk it down to a

probably just let him talk it down to a large fight. Now, it's worth noting that

large fight. Now, it's worth noting that

large fight. Now, it's worth noting that thanks to Kavanaaugh's opinion, what you

thanks to Kavanaaugh's opinion, what you

thanks to Kavanaaugh's opinion, what you just saw is now commonly referred to as

just saw is now commonly referred to as

just saw is now commonly referred to as a Kavanaaugh stop. Arguably the worst

a Kavanaaugh stop. Arguably the worst

a Kavanaaugh stop. Arguably the worst thing to bear Brett Kavanaaugh's name

thing to bear Brett Kavanaaugh's name

thing to bear Brett Kavanaaugh's name other than Brett Kavanaaugh himself. But

other than Brett Kavanaaugh himself. But

other than Brett Kavanaaugh himself. But the thing is, we only know about

the thing is, we only know about

the thing is, we only know about Kavanagh's faulty reasoning because he

Kavanagh's faulty reasoning because he

Kavanagh's faulty reasoning because he actually bothered to explain his logic.

actually bothered to explain his logic.

actually bothered to explain his logic. Something again on the shadow docket the

Something again on the shadow docket the

Something again on the shadow docket the court doesn't technically have to do.

court doesn't technically have to do.

court doesn't technically have to do. Decisions can come down with no public

Decisions can come down with no public

Decisions can come down with no public discussion and no guidance to lower

discussion and no guidance to lower

discussion and no guidance to lower court judges on how to analyze similar

court judges on how to analyze similar

court judges on how to analyze similar cases. That's a practice Samuel Alito

cases. That's a practice Samuel Alito

cases. That's a practice Samuel Alito has strongly defended, saying, "When we

has strongly defended, saying, "When we

has strongly defended, saying, "When we issue an opinion, we are aware that

issue an opinion, we are aware that

issue an opinion, we are aware that every word that we write can have

every word that we write can have

every word that we write can have consequences, sometimes enormous

consequences, sometimes enormous

consequences, sometimes enormous consequences. So we have to be careful

consequences. So we have to be careful

consequences. So we have to be careful about every single thing that we say.

about every single thing that we say.

about every single thing that we say. And on her book tour last year, Amy Con

And on her book tour last year, Amy Con

And on her book tour last year, Amy Con Barrett made a similar case.

Barrett made a similar case.

Barrett made a similar case. >> Well, the emergency orders present a

>> Well, the emergency orders present a

>> Well, the emergency orders present a challenge because they do require the

challenge because they do require the

challenge because they do require the work of the court to proceed far more

work of the court to proceed far more

work of the court to proceed far more quickly than it normally does. You know,

quickly than it normally does. You know,

quickly than it normally does. You know, I pointed out in the book that there are

I pointed out in the book that there are

I pointed out in the book that there are turtles all over the court because

turtles all over the court because

turtles all over the court because normally the court moves slowly. It

normally the court moves slowly. It

normally the court moves slowly. It changes slowly. Justice moves slowly at

changes slowly. Justice moves slowly at

changes slowly. Justice moves slowly at the court because we are very

the court because we are very

the court because we are very deliberate. Um, the emergency docket

deliberate. Um, the emergency docket

deliberate. Um, the emergency docket moves much more quickly and it is a much

moves much more quickly and it is a much

moves much more quickly and it is a much more recent phenomenon. The emergency

more recent phenomenon. The emergency

more recent phenomenon. The emergency docket is newer and so I would say those

docket is newer and so I would say those

docket is newer and so I would say those processes are still being shaped and

processes are still being shaped and

processes are still being shaped and sorted out.

sorted out.

sorted out. >> Okay, first and least importantly, I am

>> Okay, first and least importantly, I am

>> Okay, first and least importantly, I am frankly furious that I'm only just

frankly furious that I'm only just

frankly furious that I'm only just learning that the Supreme Court

learning that the Supreme Court

learning that the Supreme Court apparently has a turtle thing. That is

apparently has a turtle thing. That is

apparently has a turtle thing. That is now my second favorite fact about

now my second favorite fact about

now my second favorite fact about turtles. Just below some turtles breathe

turtles. Just below some turtles breathe

turtles. Just below some turtles breathe through their butt. Yet more proof that

through their butt. Yet more proof that

through their butt. Yet more proof that God occasionally drank on the job. But

God occasionally drank on the job. But

God occasionally drank on the job. But if your argument is we're not really

if your argument is we're not really

if your argument is we're not really built for emergency docket decisions,

built for emergency docket decisions,

built for emergency docket decisions, then maybe you shouldn't be choosing to

then maybe you shouldn't be choosing to

then maybe you shouldn't be choosing to do them all the time. And

do them all the time. And

do them all the time. And unexplained decisions can also be

unexplained decisions can also be

unexplained decisions can also be frustrating to lower court judges who

frustrating to lower court judges who

frustrating to lower court judges who argue it can diminish their credibility

argue it can diminish their credibility

argue it can diminish their credibility when their rulings against the

when their rulings against the

when their rulings against the administration get overturned on the

administration get overturned on the

administration get overturned on the shadow docket with little or no

shadow docket with little or no

shadow docket with little or no explanation because it makes it seem

explanation because it makes it seem

explanation because it makes it seem like they did shoddy work and are biased

like they did shoddy work and are biased

like they did shoddy work and are biased against Trump. And that's not the only

against Trump. And that's not the only

against Trump. And that's not the only problem because there's also the

problem because there's also the

problem because there's also the question of whether shadow docket

question of whether shadow docket

question of whether shadow docket rulings set precedent. Basically, are

rulings set precedent. Basically, are

rulings set precedent. Basically, are they for now temporary decisions about

they for now temporary decisions about

they for now temporary decisions about one case or are they meant to be

one case or are they meant to be

one case or are they meant to be guideposts in how judges are to

guideposts in how judges are to

guideposts in how judges are to interpret the law going forward?

interpret the law going forward?

interpret the law going forward? Interestingly, just 5 years ago, Alito

Interestingly, just 5 years ago, Alito

Interestingly, just 5 years ago, Alito argued the former, saying that shadow

argued the former, saying that shadow

argued the former, saying that shadow docket decisions do not make precedent

docket decisions do not make precedent

docket decisions do not make precedent on the underlying issue. But lately,

on the underlying issue. But lately,

on the underlying issue. But lately, other justices have argued the opposite.

other justices have argued the opposite.

other justices have argued the opposite. Both Gorsuch and Kavanaaugh at one point

Both Gorsuch and Kavanaaugh at one point

Both Gorsuch and Kavanaaugh at one point issued a ruling reprimanding a lower

issued a ruling reprimanding a lower

issued a ruling reprimanding a lower court for not treating a shadow docket

court for not treating a shadow docket

court for not treating a shadow docket decision as president, saying lower

decision as president, saying lower

decision as president, saying lower court judges may sometimes disagree with

court judges may sometimes disagree with

court judges may sometimes disagree with this court's decisions, but they are

this court's decisions, but they are

this court's decisions, but they are never free to defy them. And it is

never free to defy them. And it is

never free to defy them. And it is pretty shitty to admonish someone for

pretty shitty to admonish someone for

pretty shitty to admonish someone for not understanding rules that are not

not understanding rules that are not

not understanding rules that are not only unclear, but seem to be constantly

only unclear, but seem to be constantly

only unclear, but seem to be constantly changing. It's the judicial equivalent

changing. It's the judicial equivalent

changing. It's the judicial equivalent of getting yelled at in the TSA line.

of getting yelled at in the TSA line.

of getting yelled at in the TSA line. Hey, shoes off. No, just the left shoe.

Hey, shoes off. No, just the left shoe.

Hey, shoes off. No, just the left shoe. It's right shoe on and left shoes OFF

It's right shoe on and left shoes OFF

It's right shoe on and left shoes OFF LIKE IT HAS ALWAYS BEEN. KEEP YOUR BELT

LIKE IT HAS ALWAYS BEEN. KEEP YOUR BELT

LIKE IT HAS ALWAYS BEEN. KEEP YOUR BELT ON. NO, NOT LIKE THAT. TIE AROUND YOUR

ON. NO, NOT LIKE THAT. TIE AROUND YOUR

ON. NO, NOT LIKE THAT. TIE AROUND YOUR HEAD LIKE QUAIL MAN FROM NICKELODEON'S

HEAD LIKE QUAIL MAN FROM NICKELODEON'S

HEAD LIKE QUAIL MAN FROM NICKELODEON'S DUB. IT'S NOT THAT COMPLICATED. YOU ARE

DUB. IT'S NOT THAT COMPLICATED. YOU ARE

DUB. IT'S NOT THAT COMPLICATED. YOU ARE NOT FREE TO DEFY ME.

NOT FREE TO DEFY ME.

NOT FREE TO DEFY ME. [applause]

[applause]

[applause] All this confusion is understandably

All this confusion is understandably

All this confusion is understandably frustrating to lower court judges who

frustrating to lower court judges who

frustrating to lower court judges who would be more than happy to defer to the

would be more than happy to defer to the

would be more than happy to defer to the Supreme Court if it would just tell them

Supreme Court if it would just tell them

Supreme Court if it would just tell them what the they're deferring to. Here

what the they're deferring to. Here

what the they're deferring to. Here is one judge venting about that exact

is one judge venting about that exact

is one judge venting about that exact problem. That's why we need a opinion

problem. That's why we need a opinion

problem. That's why we need a opinion from the Supreme Court because we don't

from the Supreme Court because we don't

from the Supreme Court because we don't need a future Supreme Court come and

need a future Supreme Court come and

need a future Supreme Court come and says, "Well, we didn't really say that

says, "Well, we didn't really say that

says, "Well, we didn't really say that because we didn't give any reasoning

because we didn't give any reasoning

because we didn't give any reasoning behind it."

behind it."

behind it." >> Sure.

>> Sure.

>> Sure. >> People need to understand it and and

>> People need to understand it and and

>> People need to understand it and and give confidence to an opinion. We need

give confidence to an opinion. We need

give confidence to an opinion. We need to understand why you did it. We judges

to understand why you did it. We judges

to understand why you did it. We judges would just love to hear your reasoning

would just love to hear your reasoning

would just love to hear your reasoning as to why you ruled that way. Then we it

as to why you ruled that way. Then we it

as to why you ruled that way. Then we it makes our job easier. We will follow the

makes our job easier. We will follow the

makes our job easier. We will follow the law. We will follow the Supreme Court.

law. We will follow the Supreme Court.

law. We will follow the Supreme Court. But we'd like to know what it is we are

But we'd like to know what it is we are

But we'd like to know what it is we are following.

following.

following. >> Exactly.

>> Exactly.

>> Exactly. Judges would be happy to follow

Judges would be happy to follow

Judges would be happy to follow directions if the court just gave them

directions if the court just gave them

directions if the court just gave them some. If you bought an earth and slurp

some. If you bought an earth and slurp

some. If you bought an earth and slurp bookcase from IKEA and the instructions

bookcase from IKEA and the instructions

bookcase from IKEA and the instructions were just a little guy shrugging and

were just a little guy shrugging and

were just a little guy shrugging and pointing at a bookcase, YOU'D BE

pointing at a bookcase, YOU'D BE

pointing at a bookcase, YOU'D BE JUSTIFIABLY PISSED. HEY, GET OFF YOUR

JUSTIFIABLY PISSED. HEY, GET OFF YOUR

JUSTIFIABLY PISSED. HEY, GET OFF YOUR ABSTRACT SWEDISH ASS and give me some

ABSTRACT SWEDISH ASS and give me some

ABSTRACT SWEDISH ASS and give me some directions. That's the ONLY REASON THAT

directions. That's the ONLY REASON THAT

directions. That's the ONLY REASON THAT YOU ARE HERE.

YOU ARE HERE.

YOU ARE HERE. But but maybe what'll hurt the Supreme

But but maybe what'll hurt the Supreme

But but maybe what'll hurt the Supreme Court the most in the long run is that

Court the most in the long run is that

Court the most in the long run is that these decisions seem nakedly political.

these decisions seem nakedly political.

these decisions seem nakedly political. Because it turns out the best predictor

Because it turns out the best predictor

Because it turns out the best predictor of how this court will rule in shadow

of how this court will rule in shadow

of how this court will rule in shadow docket cases seems to be who is

docket cases seems to be who is

docket cases seems to be who is president at the time. For instance, the

president at the time. For instance, the

president at the time. For instance, the Biden administration brought far fewer

Biden administration brought far fewer

Biden administration brought far fewer cases to the shadow docket and won just

cases to the shadow docket and won just

cases to the shadow docket and won just over half the time. But the Trump

over half the time. But the Trump

over half the time. But the Trump administration, which uses it far far

administration, which uses it far far

administration, which uses it far far more, prevails 84% of the time. And

more, prevails 84% of the time. And

more, prevails 84% of the time. And look, maybe the justices have nuanced

look, maybe the justices have nuanced

look, maybe the justices have nuanced reasoning for voting the way they did,

reasoning for voting the way they did,

reasoning for voting the way they did, but if they do, they're not saying so.

but if they do, they're not saying so.

but if they do, they're not saying so. And that is a big problem. And I know

And that is a big problem. And I know

And that is a big problem. And I know that for some Trump supporters, all of

that for some Trump supporters, all of

that for some Trump supporters, all of this may be gratifying in the short

this may be gratifying in the short

this may be gratifying in the short term, but as this law professor

term, but as this law professor

term, but as this law professor explains, over the long term, this

explains, over the long term, this

explains, over the long term, this approach poses real risks to the court's

approach poses real risks to the court's

approach poses real risks to the court's very legitimacy. You know, 20 years ago,

very legitimacy. You know, 20 years ago,

very legitimacy. You know, 20 years ago, when all the court was doing through

when all the court was doing through

when all the court was doing through emergency applications was lastm minute

emergency applications was lastm minute

emergency applications was lastm minute stays of execution, I don't think there

stays of execution, I don't think there

stays of execution, I don't think there was a big clamor for the justices to

was a big clamor for the justices to

was a big clamor for the justices to provide lengthy explanations. But now

provide lengthy explanations. But now

provide lengthy explanations. But now that these orders are having these

that these orders are having these

that these orders are having these profound effects on the ground, the fact

profound effects on the ground, the fact

profound effects on the ground, the fact that we see the court intervening,

that we see the court intervening,

that we see the court intervening, oftentimes undoing hundreds of pages of

oftentimes undoing hundreds of pages of

oftentimes undoing hundreds of pages of analysis from lower court judges and

analysis from lower court judges and

analysis from lower court judges and providing no explanation of its own, I

providing no explanation of its own, I

providing no explanation of its own, I think is a real part of the problem. Um,

think is a real part of the problem. Um,

think is a real part of the problem. Um, and it deprivives all of us, the lower

and it deprivives all of us, the lower

and it deprivives all of us, the lower courts, the relevant government decision

courts, the relevant government decision

courts, the relevant government decision makers, the public, of any ability to

makers, the public, of any ability to

makers, the public, of any ability to assess why the justices ruled the way

assess why the justices ruled the way

assess why the justices ruled the way they did.

they did.

they did. >> Exactly. My son is right.

>> Exactly. My son is right.

>> Exactly. My son is right. I quick side note on that. Come home

I quick side note on that. Come home

I quick side note on that. Come home Nathaniel. Your mother is ill and for

Nathaniel. Your mother is ill and for

Nathaniel. Your mother is ill and for her sake our feud must cease.

her sake our feud must cease.

her sake our feud must cease. But he is right. As the legal director

But he is right. As the legal director

But he is right. As the legal director of the ACLU put it, if the justices can

of the ACLU put it, if the justices can

of the ACLU put it, if the justices can make significant decisions without

make significant decisions without

make significant decisions without giving any reasons, then there is really

giving any reasons, then there is really

giving any reasons, then there is really no limit to what they can do, which is

no limit to what they can do, which is

no limit to what they can do, which is not good. So what can we do? Well, there

not good. So what can we do? Well, there

not good. So what can we do? Well, there are a bunch of fixes Congress could

are a bunch of fixes Congress could

are a bunch of fixes Congress could impose, especially given it controls the

impose, especially given it controls the

impose, especially given it controls the Supreme Court's budget, including simply

Supreme Court's budget, including simply

Supreme Court's budget, including simply requiring the court issues written

requiring the court issues written

requiring the court issues written explanations whenever ruling on the

explanations whenever ruling on the

explanations whenever ruling on the shadow docket, which really doesn't seem

shadow docket, which really doesn't seem

shadow docket, which really doesn't seem too much to ask. And if that burden

too much to ask. And if that burden

too much to ask. And if that burden means that they won't be able to do as

means that they won't be able to do as

means that they won't be able to do as many shadow docket cases as they

many shadow docket cases as they

many shadow docket cases as they currently are, all the better. But that

currently are, all the better. But that

currently are, all the better. But that is just the beginning. Significant

is just the beginning. Significant

is just the beginning. Significant Supreme Court reforms have to be on the

Supreme Court reforms have to be on the

Supreme Court reforms have to be on the table now. And I know that many bulk at

table now. And I know that many bulk at

table now. And I know that many bulk at that, including members of Congress. But

that, including members of Congress. But

that, including members of Congress. But think of it like this. When the Supreme

think of it like this. When the Supreme

think of it like this. When the Supreme Court allows the president to act in

Court allows the president to act in

Court allows the president to act in ways contrary to statutes, like say not

ways contrary to statutes, like say not

ways contrary to statutes, like say not spending congressionally appropriated

spending congressionally appropriated

spending congressionally appropriated funding, that is seizing power from

funding, that is seizing power from

funding, that is seizing power from Congress. And maybe it is time for

Congress. And maybe it is time for

Congress. And maybe it is time for Congress to start taking a little power

Congress to start taking a little power

Congress to start taking a little power back. And I know the court itself will

back. And I know the court itself will

back. And I know the court itself will [cheering] object to the idea that it's

[cheering] object to the idea that it's

[cheering] object to the idea that it's a political body. Just this week, Chief

a political body. Just this week, Chief

a political body. Just this week, Chief Justice John Roberts whines that people

Justice John Roberts whines that people

Justice John Roberts whines that people think we're making policy decisions. I

think we're making policy decisions. I

think we're making policy decisions. I think they view us as truly political

think they view us as truly political

think they view us as truly political actors, which I don't think is an

actors, which I don't think is an

actors, which I don't think is an accurate understanding of what we do.

accurate understanding of what we do.

accurate understanding of what we do. But to be clear, this is a mess of the

But to be clear, this is a mess of the

But to be clear, this is a mess of the court's own making. Because there's

court's own making. Because there's

court's own making. Because there's something both frustrating and deeply

something both frustrating and deeply

something both frustrating and deeply patronizing about justices choosing to

patronizing about justices choosing to

patronizing about justices choosing to issue unexplained rulings in the middle

issue unexplained rulings in the middle

issue unexplained rulings in the middle of the night, only popping their heads

of the night, only popping their heads

of the night, only popping their heads out for fingers whenever they've got a

out for fingers whenever they've got a

out for fingers whenever they've got a shitty book to sell, and then scolding

shitty book to sell, and then scolding

shitty book to sell, and then scolding us for not understanding what's going on

us for not understanding what's going on

us for not understanding what's going on inside their gorgeous pristine minds.

inside their gorgeous pristine minds.

inside their gorgeous pristine minds. And look, as we have discussed before,

And look, as we have discussed before,

And look, as we have discussed before, when they do write their reasoning down,

when they do write their reasoning down,

when they do write their reasoning down, it often exposes the degree to which

it often exposes the degree to which

it often exposes the degree to which they can seem to reach for predetermined

they can seem to reach for predetermined

they can seem to reach for predetermined conclusions before working backwards to

conclusions before working backwards to

conclusions before working backwards to fill in a legal rationale. But at least

fill in a legal rationale. But at least

fill in a legal rationale. But at least they have to put the work in. And I know

they have to put the work in. And I know

they have to put the work in. And I know that some will say no substantive court

that some will say no substantive court

that some will say no substantive court reform is likely to happen during this

reform is likely to happen during this

reform is likely to happen during this administration, which is obviously true.

administration, which is obviously true.

administration, which is obviously true. But it is still worth starting the

But it is still worth starting the

But it is still worth starting the conversation now because there are lots

conversation now because there are lots

conversation now because there are lots of ideas for court reform from adding

of ideas for court reform from adding

of ideas for court reform from adding justices uh to no longer allowing the

justices uh to no longer allowing the

justices uh to no longer allowing the court to set its own dockets. They

court to set its own dockets. They

court to set its own dockets. They always seem to get kicked down the road

always seem to get kicked down the road

always seem to get kicked down the road for a later discussion. You may remember

for a later discussion. You may remember

for a later discussion. You may remember Joe Biden came into office and handed

Joe Biden came into office and handed

Joe Biden came into office and handed the idea of court reform off to a blue

the idea of court reform off to a blue

the idea of court reform off to a blue ribbon commission. And if you're

ribbon commission. And if you're

ribbon commission. And if you're thinking, "Oh yeah, what the became

thinking, "Oh yeah, what the became

thinking, "Oh yeah, what the became of that?" He actually released a set of

of that?" He actually released a set of

of that?" He actually released a set of proposals in July of 2024. you might

proposals in July of 2024. you might

proposals in July of 2024. you might have missed it. Not only because it was

have missed it. Not only because it was

have missed it. Not only because it was around a month after he imploded on the

around a month after he imploded on the

around a month after he imploded on the debate stage, but also because it was

debate stage, but also because it was

debate stage, but also because it was the week after he withdrew from the race

the week after he withdrew from the race

the week after he withdrew from the race and nobody was going to be reading that

and nobody was going to be reading that

and nobody was going to be reading that report then. The only thing people were

report then. The only thing people were

report then. The only thing people were reading that week were 500 different

reading that week were 500 different

reading that week were 500 different TWEETS ABOUT HOW CARMELA WAS BRAT. It

TWEETS ABOUT HOW CARMELA WAS BRAT. It

TWEETS ABOUT HOW CARMELA WAS BRAT. It was it was a weird time, but you know,

was it was a weird time, but you know,

was it was a weird time, but you know, it all worked out. The point is, we have

it all worked out. The point is, we have

it all worked out. The point is, we have two and a half years between now and the

two and a half years between now and the

two and a half years between now and the next election to lay the groundwork for

next election to lay the groundwork for

next election to lay the groundwork for change. And I'd argue that it's worth

change. And I'd argue that it's worth

change. And I'd argue that it's worth doing because this court has eroded

doing because this court has eroded

doing because this court has eroded people's confidence to the point it's

people's confidence to the point it's

people's confidence to the point it's now considered a political arm instead

now considered a political arm instead

now considered a political arm instead of a necessary check on political power.

of a necessary check on political power.

of a necessary check on political power. And if you ask me that qualifies as, if

And if you ask me that qualifies as, if

And if you ask me that qualifies as, if I may borrow a phrase, actual

I may borrow a phrase, actual

I may borrow a phrase, actual irreparable harm. And now

irreparable harm. And now

irreparable harm. And now [cheering] this. And now for Mother's

[cheering] this. And now for Mother's

[cheering] this. And now for Mother's Day, just leave mom the alone.

Day, just leave mom the alone.

Day, just leave mom the alone. Right. As we've mentioned this morning,

Right. As we've mentioned this morning,

Right. As we've mentioned this morning, it is Mother's Day weekend. time where

it is Mother's Day weekend. time where

it is Mother's Day weekend. time where we try and give credit where credit is

we try and give credit where credit is

we try and give credit where credit is certainly do and celebrate our mothers.

certainly do and celebrate our mothers.

certainly do and celebrate our mothers. Most people get their mom's cards, maybe

Most people get their mom's cards, maybe

Most people get their mom's cards, maybe some flowers, always a good one, and

some flowers, always a good one, and

some flowers, always a good one, and some goodies. Maybe you can even take

some goodies. Maybe you can even take

some goodies. Maybe you can even take her to brunch Sunday morning. Another

her to brunch Sunday morning. Another

her to brunch Sunday morning. Another good one.

good one.

good one. >> Another good one is TO BE LEFT ALONE.

>> Another good one is TO BE LEFT ALONE.

>> Another good one is TO BE LEFT ALONE. >> The answer to the question, what will

>> The answer to the question, what will

>> The answer to the question, what will moms get on Sunday?

moms get on Sunday?

moms get on Sunday? >> Rest, relaxation.

>> Rest, relaxation.

>> Rest, relaxation. >> We can only hope.

>> We can only hope.

>> We can only hope. >> Be left alone.

>> Be left alone.

>> Be left alone. >> And being a mom, I'm telling you what we

>> And being a mom, I'm telling you what we

>> And being a mom, I'm telling you what we appreciate the most is alone time.

appreciate the most is alone time.

appreciate the most is alone time. [laughter]

[laughter]

[laughter] >> I'm just saying

>> I'm just saying

>> I'm just saying >> some peace and quiet.

>> some peace and quiet.

>> some peace and quiet. >> Yeah.

>> Yeah.

>> Yeah. >> Maybe he'll give me some peace and quiet

>> Maybe he'll give me some peace and quiet

>> Maybe he'll give me some peace and quiet finally.

finally.

finally. >> Okay. Okay. Well,

>> Okay. Okay. Well,

>> Okay. Okay. Well, we'll see.

we'll see.

we'll see. >> You You probably don't have a clue

>> You You probably don't have a clue

>> You You probably don't have a clue what's going on, and that's a good

what's going on, and that's a good

what's going on, and that's a good thing.

thing.

thing. >> Oh, I have a clue. I told him, "Leave me

>> Oh, I have a clue. I told him, "Leave me

>> Oh, I have a clue. I told him, "Leave me alone. Let me sleep in bed and relax."

alone. Let me sleep in bed and relax."

alone. Let me sleep in bed and relax." >> I want sleep and peace and quiet. For

>> I want sleep and peace and quiet. For

>> I want sleep and peace and quiet. For me, I say it every year. My husband

me, I say it every year. My husband

me, I say it every year. My husband knows. Just leave me alone. That's all I

knows. Just leave me alone. That's all I

knows. Just leave me alone. That's all I want.

want.

want. >> I'm down to do like [music] a breakfast

>> I'm down to do like [music] a breakfast

>> I'm down to do like [music] a breakfast or a lunch and then leave me alone.

or a lunch and then leave me alone.

or a lunch and then leave me alone. >> She wants a hotel room and to be left

>> She wants a hotel room and to be left

>> She wants a hotel room and to be left alone.

alone.

alone. >> Yeah, just let mom stay in the bed and

>> Yeah, just let mom stay in the bed and

>> Yeah, just let mom stay in the bed and that might do it. That might be all.

that might do it. That might be all.

that might do it. That might be all. >> Put the note under the door. I like

>> Put the note under the door. I like

>> Put the note under the door. I like handmade cards or anything sentimental

handmade cards or anything sentimental

handmade cards or anything sentimental [music] because it puts thought into it

[music] because it puts thought into it

[music] because it puts thought into it and it's sweet. Keep them

and it's sweet. Keep them

and it's sweet. Keep them >> and uh leave me alone.

>> and uh leave me alone.

>> and uh leave me alone. [applause]

[applause]

[applause] >> That's our show. Thanks so much for

>> That's our show. Thanks so much for

>> That's our show. Thanks so much for watching. We'll see you next week. Good

watching. We'll see you next week. Good

watching. We'll see you next week. Good night. [cheering]

[applause]

Wow. Wow.

Wow. Wow.

Wow. Wow. [snorts]

[snorts]

[snorts] Wow. Wow. Wow. Wow. Wow.

Wow. Wow. Wow. Wow. Wow.

Wow. Wow. Wow. Wow. Wow. [snorts]