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Particularly like riots and violence, we don't like people attempting to set aside elections. and at bottom, that's what the independent state legislature theory is. it's a form of massive vote suppression, and of doing away with checks and balances, so my sense is that a court that is looking around, and we know john roberts, at least, is. and brett kavanaugh and amy coney barrett to a lesser degree, are dubious about the public's respect and regard for the court, might be able to back away from a big big swing lawsuit, that has no merits, that has no constitutional at or historical basis, an...

Center of the court, not gorsuch, alito, or thomas, they're all in for this. but the justices of the new center of the court, might be feeling a little bit of what the public was expressing in the midterms, which is we don't like election deniers, we don't particularly like riots and violence, we don't like people attempting to set aside elections. and at bottom, that's what the independent state legislature theory is. it's a form of massive vote suppression, and of doing away with checks and balances, so my sense is that a court that is looking around, and we know john roberts, at least, is. ...

Impossible to protect the rights that were in the voting rights act which was a crown jewel of how we were going to get to fair voting. and so i think that if you put that in tandem with the moore case that you were talking about, the independent state legislature case, what you're really looking at is an attempt to do in black robe what's donald trump and john eastman tried to do in the 2020 election which is say we're going to give state legislatures unfeddered power to do what they will with elections, to do what they will with jerry mandering, to do what they will with vote suppression, to...

From that in particular in this decision. the same was true in gun decision the day before. it's leaving aside the bad lawyer-ing, the bad jurisprudence that comes from alito's decision. it just does not deal with the fact that number one, poor people overwhelmingly black and brown women and their families cannot just hop in the car or hop on a plane or train and go to some place where a women's full medical and health needs can be met and aren't banned by state law. secondly, it is the totally cynical notion to say well, these issues should really be decided by state legislatures when this is...

Abortion. but at the same token, there is never really one person one vote of fair democracy. this was never anything like what we think it is. and now is a really good time to reckon with that, and to say, how do we fix gerrymandering? how do we fix vote suppression? we can do this stuff. but it really requires thinking about [inaudible] . >> josh, come september. the pick ketanji brown jackson will join the supreme court, be on the bench. between now and then, are we going to see the conservative justices try to push a lot more of these types of rulings before she shows up? >> well, i don't ...