0:01

It's Super Tuesday, March 5th. I'm

0:03

Josie Duffy Rice. And I'm Treville

0:06

Anderson and this is What a Day,

0:08

informing you that eating French

0:10

fries is officially an eco-conscious

0:12

act. Yes, a recent study out of

0:14

University of Singapore looked at 151 popular

0:17

dishes from around the world and found

0:19

that French fries were the least threatening

0:21

to the environment and biodiversity. Listen,

0:24

I knew I was a hero to

0:26

Mother Nature. I just didn't exactly know

0:28

why. Super

0:31

Tuesday is today and we

0:33

will explain how control of

0:35

Congress could depend on some

0:37

competitive California house races, plus

0:39

the nation's first over-the-counter birth

0:41

control pill hits store shelves

0:43

soon. But first, let's talk

0:46

about yesterday's big news. The Supreme

0:48

Court ruled unanimously that Donald Trump

0:50

can stay on Colorado's primary ballot.

0:53

Voters there are going to the polls today. Last

0:56

December, Colorado's Supreme Court ruled that Trump

0:58

could be disqualified from the ballot based

1:00

on his actions on January 6th and

1:02

the 14th Amendment of the U.S. Constitution,

1:04

which says that anyone who committed an

1:06

insurrection is barred from public office. Yesterday's

1:10

decision from the U.S. Supreme Court put him

1:12

back on the ballot in Colorado. It also

1:14

means he's back on the ballots in Maine

1:16

and Illinois, where state officials had also booted

1:18

him from the primary elections. Here's

1:21

Trump speaking from Mar-a-Lago right after the

1:23

ruling was announced. The voters can

1:25

take the person out of the race very quickly,

1:28

but a court shouldn't be doing that

1:30

and the Supreme Court saw that very

1:32

well. Ugh, fine.

1:34

Okay, Supreme Court. Why do

1:36

I feel like this man has the most basic understanding

1:38

of how the government works? Because

1:40

he does. He just seems to be

1:43

winging it every time he talks. The

1:45

president of the organization that helped bring

1:47

the original Colorado lawsuit spoke out as

1:49

well. Noah Bookbinder with Citizens

1:51

for Responsibility and Ethics posted on

1:53

Twitter that the Supreme Court, quote,

1:56

failed to meet the moment, but it is

1:58

now clear that Trump led the January insurrection,

2:00

and it will be up to the

2:02

American people to ensure accountability. So

2:05

as I understand it, the Supreme

2:07

Court decision was also a little

2:09

complicated, even though it was unanimous.

2:12

How so? Definitely. So five justices

2:14

in the ruling, all from the conservative

2:16

wing of the court, argued

2:18

that states can bar state candidates

2:21

and that Congress can bar federal

2:23

candidates. So they said Colorado

2:25

and the courts in general don't have the

2:28

authority to apply the fortitude of the 13th

2:30

Amendment in Trump's case. Congress basically

2:32

has to do that. So to

2:34

better understand that reasoning, I spoke earlier

2:36

with one of our favorite court watchers,

2:38

Leah Litman, co-host of Cricket Strict Scrutiny

2:40

and a professor at the University of

2:42

Michigan Law School. So it's a big

2:44

deal because of course it's pretty difficult

2:46

to get Congress to disqualify federal office

2:49

holders. You know, we are in this

2:51

situation in part because the Senate failed

2:53

to convict Donald Trump for his role

2:55

in January 6th, immediately after. And so

2:57

what the court did is it made

2:59

it much harder to enforce Section 3,

3:01

the prohibition on insurrectionist holding office, and

3:04

how much harder it's a little unclear

3:06

because the court's per curiam opinion is

3:08

kind of chaotic. So it says, as

3:10

you know, Congress has to have a

3:13

role in disqualifying federal office holders, but

3:15

it's not clear whether the court meant

3:17

to say, and that can only happen

3:19

via legislation. And if that's

3:21

the case, then it's even harder to

3:24

disqualify federal office holders because then Congress

3:26

couldn't expel members or do things by

3:28

a simple majority as opposed to a

3:30

filibuster proof number in the Senate. And

3:32

so it's a little bit hard to

3:34

know exactly how far their

3:36

opinion goes. Meanwhile, the

3:38

course three liberal justices, as well as

3:40

Amy Coney Barrett, basically said, we agree

3:43

that states can bar presidential candidates from the ballot, but

3:45

we would not have taken it this far. We would

3:47

not have made such a sweeping ruling. Why

3:49

do you think that the liberal justices did not want to make

3:51

this ruling as broad? Part of it

3:54

is, as you were just noting, the possible

3:56

implications, potentially calling into question Congress's ability

3:58

to expel members, remove members, members, not

4:00

seat members and whatnot, that's a

4:02

problem. I think the majority's rationale

4:05

is also just unpersuasive on its

4:07

own terms. There are examples where

4:09

Congress has disqualified members without formally

4:11

passing legislation. So that seems to

4:13

go against the majority's interpretation. So

4:16

does, I don't know, like the basic history

4:18

of Reconstruction and the idea

4:21

that Congress actually did want this

4:23

provision meaningfully enforced. That seems a

4:25

little bit incongruous with the majority's...

4:27

Congress already told you. Right,

4:30

exactly. Exactly. So yeah,

4:32

like the general lack of persuasiveness coupled

4:34

with the troubling far-reaching implications. So

4:37

aside from Trump, there are other January 6th

4:39

writers who went to prison and then said

4:41

that they want to run for Congress, like

4:43

Jacob Shansley, aka the QAnon Shaman, or Derek

4:46

Evans, the former West Virginia state lawmaker. They

4:48

went to prison for taking part in the

4:50

instruction, and now they want to be congressmen

4:52

themselves. So what does this

4:54

ruling mean for them? Like does it also give

4:56

them the green light to run for federal office

4:59

unless Congress bans them? What

5:01

happens next? I mean, potentially.

5:03

It definitely doesn't allow states to

5:05

refuse to allow them on the

5:07

ballot as to whether it potentially

5:09

allows a majority of the next

5:12

Congress to refuse to seat them

5:14

if the next Congress determines they

5:16

are insurrectionists. That is unclear. That's

5:18

part of what makes the reasoning

5:20

and the percureum opinion concerning and

5:22

chaotic one of the

5:24

possible implications that the Democratic

5:27

appointees raised is whether the

5:29

majority's opinion actually precludes criminal

5:31

enforcement proceedings against insurrectionists and

5:33

using that as a basis to disqualify

5:35

them, absent congressional authorization specifically doing so.

5:37

So we don't really know, but at

5:40

a minimum, right, it makes it easier

5:42

for them to get on the ballot

5:44

and makes it potentially harder for Congress

5:46

to stop them actually serving in Congress.

5:48

To your point, like Congress is incredibly

5:51

divided, as we know. So

5:53

what is your expectation that Congress might move to

5:55

bar Trump off the ballot? What is

5:57

your expectation that the Republicans will weaponize the 14th

6:00

Amendment against future Democratic candidates.

6:02

It both feels like this is ripe

6:05

for abuse and basically

6:08

impossible to actually be effective. On

6:10

the first question, on Trump in particular,

6:12

I think the odds that Congress was

6:14

going to refuse to certify

6:16

votes for Donald Trump was

6:19

non-existent. You know,

6:21

this would be done by the current

6:23

House, Republicans in Congress. I think even

6:25

if the Democrats won a narrow majority

6:27

in the House, the Democrats

6:29

are institutionalists. They are afraid of their

6:31

own shadow. There's just no way that

6:33

a majority of the caucus would actually

6:36

refuse to count votes and certify votes

6:38

for Donald Trump, I don't think. Whether

6:41

this emboldens Republicans weaponizing the 14th Amendment against

6:43

Democrats, you know, this opinion potentially makes it

6:45

harder for them to do so at the

6:47

state level. But you can

6:50

imagine a Republican-controlled Congress potentially

6:52

saying, we think Joe Biden,

6:54

right, gave aid to the

6:56

enemy because he allegedly unfroze

6:58

access to Iran, which was

7:00

a hypothetical that Sam Alito

7:02

basically put out during the

7:04

oral argument in this case.

7:07

So I don't think that's beyond the realm of

7:09

possibility, but whether it happens, hard to

7:11

say. So despite the outcome of this case,

7:13

there are a number of other lawsuits

7:15

where Trump's eligibility for office could be

7:18

complicated, thrown into question. Can

7:20

you give us an update on at least one

7:22

of those? Next month, the Supreme Court hears arguments

7:24

on whether he's immune from criminal prosecution for

7:27

trying to overturn the 2020 election. So

7:29

what should our listeners know about that and

7:31

what should they watch for? I think the

7:34

most important thing is when the Supreme

7:36

Court actually releases an opinion in that

7:38

case, because that will determine whether the

7:40

trial proceedings can actually get off the

7:42

ground and whether a trial could happen

7:44

before the election. I don't think anyone

7:46

thinks that a majority of the justices

7:48

are going to say Trump is entirely

7:50

immune from criminal prosecution for the events

7:53

related to January 6th. The arguments

7:55

are too outlandish, right, even for this court, which

7:57

is really saying something. But the

7:59

big, big deal. big question is whether they are

8:01

going to act with a kind

8:03

of dispatch that they did in this

8:05

case, ensuring a decision before Super Tuesday

8:07

and ensure a decision, right, would happen

8:10

at a sufficient speed where the district

8:12

court could actually get a trial off

8:14

the ground and running before the presidential

8:16

election in November. And that is

8:18

my chat earlier with Strict Scrutney's Leah Litman. And

8:20

if you don't already subscribe to their pod, we've

8:22

got a link to it in our show notes.

8:25

Thanks for that, Josie. Turning now

8:27

to Super Tuesday, which is

8:29

today, voters in 16 states

8:31

and American Samoa are heading

8:33

to the polls. And one

8:35

of the states we're keeping

8:37

a close eye on is

8:39

California, where congressional races could

8:41

determine which party will take

8:43

control of Congress. Now, California

8:45

is a solidly Democratic state.

8:47

A Republican presidential candidate hasn't

8:49

won it since the 1980s,

8:52

and Democrats occupy every statewide

8:54

office with Democratic voters outnumbering

8:57

Republicans two to one. But

9:00

there are some swing districts in

9:02

the state which could hold the

9:04

keys to control of the House,

9:06

where Republicans outnumber Democrats by just

9:08

six people. To break

9:10

down the stakes, I spoke with

9:12

Marisa Lagos. She's a politics reporter

9:14

over at the Bay Area public

9:16

radio station KQED. I

9:19

started off by asking her how these

9:21

California races got so competitive in the

9:24

first place. I would say dating

9:26

back to last like four or five cycles,

9:28

there's just been a handful in Orange County,

9:30

in the Central Valley, Inland Empire. And some

9:33

of them have shifted, you know, as both the

9:35

populations have changed and of course, redistricting

9:38

happened. So it is a rare

9:40

occurrence where a state where we

9:42

have zero power ostensibly in like

9:44

the presidential election because we just

9:46

always send a Democrat. The balance

9:48

of Congress could actually hang in

9:50

California this November. So we

9:52

can't go over all of the races. We

9:54

don't want to. We don't want

9:57

to at all. But I want to start with

9:59

the House. Can you tell us about

10:01

the two House races that you're really

10:03

interested in ahead of California

10:05

congressional primaries? So let's

10:07

start off in Orange County. Katie Porter is

10:10

running for U.S. Senate. She's held this seat

10:12

near UC Irvine for a couple of cycles,

10:14

and it's been very hard fought. So she's

10:16

obviously running for Senate, can't run for that

10:19

seat again. So we have a state Senator,

10:21

Dave Min, who is running for that. He's

10:23

actually gotten Porter's endorsement. He challenged her when

10:25

she first ran for the seat in 2018.

10:29

And then you have a Democratic attorney, Joanna

10:31

Weiss, who is kind of

10:34

a political neophyte, has played in some politics

10:36

before, but has never run for office

10:38

before. We see them really

10:40

battling it out because Scott Baugh, the

10:42

former GOP Orange County chair, I think

10:45

is kind of expected to make this

10:47

run off. He gave Porter a really

10:49

hard run for her money a few

10:51

years ago. The other congressional seat where

10:53

you have like a similar dynamic to

10:55

Democrats versus one Republican who is looking

10:57

pretty guaranteed to make a spot in

10:59

the runoff. This is the 22nd district.

11:01

It's in the Central Valley. So where

11:03

a lot of the nation's food is

11:05

grown. And you have Rudy Salas,

11:08

former Assemblyman Democrat, challenging Republican

11:10

David Valadeo, but also challenging

11:12

him is a state Senator,

11:14

younger woman, 35 for politics.

11:18

That's like very young, right? Her

11:20

name's Melissa Hurtado. And

11:23

she is running this race despite

11:25

a lot of national and statewide

11:27

Democrats really thinking that she

11:29

should bow out and kind of clear the

11:31

way for Salas. She's refused to. And

11:34

I think that that's a seat we're going to have to see.

11:36

You know, does Salas, can he

11:38

pull it out? Does he come out a

11:40

little weakened? This is a big target of

11:43

national Democrats because Valadeo was one of only

11:45

two Republicans who voted for impeaching Donald Trump

11:47

in the wake of January 6th. Gotcha.

11:50

Now, turning to the Senate

11:52

race, there is an open

11:54

seat because of the passing

11:57

of Senator Dianne Feinstein last

11:59

fall. Would have a t leave

12:01

that you're reading In that case. Yeah, so

12:03

we should say. In addition to their

12:05

destructing changes that happen, we went to

12:07

what's called an open primary a top

12:09

two primary about fifteen years ago as

12:11

well. And that says of the tops,

12:13

you vote getters in a contest like

12:15

this, move on. So it's not a

12:17

guaranteed matchup between a republican and democrat,

12:19

so that's given an opening. Adam Schiff

12:21

is running for that. see Congress man.

12:23

You might recall him from the impeachment

12:25

hearing and twenty nineteen, a President Trump.

12:27

We have Katie Porter his seat I

12:29

just mentioned in Orange County see that

12:31

Elizabeth Warren protege kind. Of run a

12:33

more populous, consumer focused campaign Oakland

12:35

that really legendary Congresswoman Barbara Lee

12:37

who took the soul vote against

12:39

authorizing force after Nine Eleven for

12:42

Iraq and Afghanistan. So for a

12:44

long time, like that was the

12:46

race. And then in the fall

12:48

we have this former Dodgers first

12:50

baseman Steve Garvey jump in as

12:52

a Republican and it really has

12:54

taken this up. I mean, republicans

12:56

only have like a quarter a

12:58

little less of the electorate, but

13:00

if the Democrats are split in

13:02

the. Whole though A you know

13:04

among the other democratic and more liberal

13:06

voters he could squeak through. So right

13:09

now it really looks like Katie Porters

13:11

fighting for her political future. Adam

13:13

Schiff has led him most polls and

13:15

so you know you have this question

13:18

as to whether Porter could pull

13:20

it out. An really leap ahead of

13:22

Garvey and that sounds for her is

13:24

like were to see a really

13:26

bizarre electorate if the returns coming in

13:29

so far indicated anything. ama we don't

13:31

know how people voted. But we know

13:33

who has voted and it's been overwhelmingly

13:35

in a more Republic ten wider and

13:38

older then the overall electorate is in

13:40

California, and that's really gonna be difficult

13:42

for someone like Porter earlier who tend

13:44

to attract younger, more progressive types of

13:46

voters that Adam Schiff to. I would

13:48

say a sort of running as an

13:51

establishment democrat you know, with the backing

13:53

of people like Nancy Pelosi and a

13:55

lotta other members of Congress. So what

13:57

would you say. should we be

13:59

watch for in

14:01

the results from today's primary

14:03

to understand, you know, how

14:05

strong a Democratic showing could

14:08

be come November. We're going

14:10

to want to see, yeah, what turnout was

14:12

like and who voted just broadly. And then

14:14

I think, yeah, this Senate race is going

14:16

to be a really good indication. Like can

14:18

Garvey pull out a second or even first

14:20

place finish? Can he consolidate that vote? If

14:23

so, that'd be huge news for Adam

14:25

Schiff, probably a pretty easy run in

14:27

this blue state in November. I

14:29

think Democrats are going to be under a lot of

14:31

pressure to really get out the vote, excite

14:34

voters, make sure that they can, you know,

14:36

have potentially a more friendly electorate than what

14:38

it's shaping up to be this year. That

14:41

was KQED politics reporter Marisa

14:43

Lagos. If you're wondering how

14:45

you can help the Democrats pull through

14:47

this November, we shouldn't have to

14:49

tell you twice. Head to votesaveamerica.com to

14:52

learn more. That's the latest

14:54

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available without a prescription, OPIL, will

20:06

hit stores this month. The

20:08

Food and Drug Administration approved OPIL

20:10

for over-the-counter use last year. When

20:12

taken as directed, it can be 98% effective at

20:16

preventing pregnancy based on clinical trials

20:18

of the drug. That

20:20

makes it significantly more effective than condom. At

20:23

an FDA Advisory Committee meeting last year,

20:26

experts noted that an over-the-counter pill like

20:28

OPIL could appeal to teens who face

20:30

barriers in obtaining a prescription. And

20:33

staying on the topic of reproductive

20:35

choice, French lawmakers took the final

20:37

step to overwhelmingly approve a bill

20:40

yesterday that makes abortion a constitutional

20:42

right. As we noted last

20:44

week when it was moving through

20:46

parliament, they were spurred into action

20:48

by our conservative lawmakers who have

20:50

been successful in radically restricting abortion

20:52

access in many parts of the

20:54

United States. It's tragic

20:57

but true, quote unquote American

20:59

influence means passing laws so

21:01

draconian that other countries change

21:03

their most foundational documents

21:06

out of fear that what's happening to

21:08

us could happen to them. Shout

21:11

out to the French, but I wish

21:13

better for us here. Truly. The

21:16

billowing smokestacks at the Donald

21:18

Trump Misconduct Factory released another

21:20

toxic byproduct. Former Trump

21:22

Organization Finance Chief Alan Weisselberg

21:24

he did guilty to felony

21:26

perjury in Manhattan yesterday. Weisselberg

21:29

was accused by Manhattan District Attorney

21:31

Alvin Bragg of lying under oath

21:33

during a Donald Trump tax fraud

21:35

case. The same case that ended in

21:37

an over $450 million penalty for

21:41

the former president. What's notable here

21:43

is that just last year, Weisselberg

21:45

served 100 days at Rikers Island for

21:47

Trump related tax crimes. And

21:50

pleading guilty yesterday, he agreed to

21:52

another five months in. Now

21:54

he might've gotten out of it by implicating the

21:56

former president, but he is extremely loyal And

21:59

he has a financial. Incentive to be loyal

22:01

to two million dollar severance package. Why

22:03

suffered got from Trump's company last year.

22:05

Block them from cooperating with any law

22:08

enforcement investigation against rounds of course unless

22:10

he is required by law says. Work

22:13

you. Hit your horse to this

22:15

wagon was saying. This

22:18

man. At first of all, we all know this has

22:20

something to pay it. Emerged.

22:22

That he is on a long

22:25

list of people who trump now

22:27

owns a any that about a

22:29

bribe everybody A homeless. Man.

22:32

And not out of a

22:34

supreme. And those are the headline.

22:38

One more thing before we go. Happy Women's

22:40

History Month! The Cricket store is celebrating

22:42

with a pop up shop featuring favorites from

22:45

women of color, founded companies and authors, Scripted

22:47

media see com or shop has everything from

22:49

delicious. Thirties. The kids books to candles

22:51

are from small companies. The Loves: It's

22:53

a great way to support women of

22:55

color and online shopping at it's not

22:57

the same time so check out what's

22:59

and start a cricket.com/store for this month

23:01

only. That

23:05

is all for today. If you like the

23:07

same a series of scribe libra of you

23:09

don't do jail time for trump and tell

23:11

your friends solicit. And if you're and are

23:14

reading and not just the French constitution like

23:16

me what it is also a nightly news

23:18

letters that second out and subscribe a cricket.com

23:20

sauce described and says he doesn't erase. Entre

23:23

Bill Anderson and eat fries from

23:25

a mother Nature. Ali's as if

23:27

have been telling me my is died his child

23:29

as he to grow up need. Adult food?

23:32

Well, I'm saving Earth specific.

23:37

It is nothing more adult. what

23:51

a day the production of printed media

23:53

is with for did admit the by

23:56

bill lands are associate producer or raven

23:58

yamamoto in natalie bettendorf with project today

24:00

from John Milstein, Greg Walters, and

24:03

Julia Clare. Our showrunner

24:05

is Leo Duran, and our executive producer is

24:07

Adrian Hill. Our theme

24:09

music is by Colin Gileard and Koshaka.