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Jack Armstrong
This is an iHeart podcast guaranteed human
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this July 4th, come celebrate at America's Block Party hosted by America 250. America's Block Party is a can't miss 4th of July concert happening at the Los Angeles Memorial Coliseum. Experience music, performances from major artists, patriotic tributes and the kickoff to giving 4th, helping to make July 4th the largest day of giving in American history. It's more than just fireworks. Learn more about this landmark celebration at america250.org,
Parent Speaker
with my mom and dad living in Orange county, when we bring my five and seven year old to visit, we are sometimes in for a two hour drive that could feel like 10.
Parent Speaker 2
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Parent Speaker
Which is why we load up the iPads with Lingokids before we even pull out of the driveway.
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Or really any ride, plane, train, hovercraft, whatever.
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Joe Getty
It is like electricity blowing through your veins.
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Joe Getty
No one can ever be as good as this right here.
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Joe Getty
Combat sports fans this January it's the Bruise Cruise Party with fighters. Watch a bare knuckle fighting event live in the Caribbean. Plus DJs, bands and chaos at sea. Prices increase soon. Hop aboard now. Go to bkfsea.com. Broadcasting live from the Abraham Lincoln Radio
Jack Armstrong
Studio at the George Washington Broadcast Center, Jack Armstrong and Joe Getty.
Joe Getty
Armstrong and Getty. And now here's Armstrong and Getty. You have just tuned in to the best weekend talk show in America. We're Armstrong and Getty.
Guest Host / Co-host
Wow, what an eventful week. You've got lawless teams taking over cities, the situation with Iran and Israel and the world's weirdest Ceasefire. Not to mention the politics going on right now. Hot and heavy.
Joe Getty
So here's the dealio. We do 20 hours of live radio every week. If you like our stuff, find more by looking for our podcast, Armstrong and Getty on Demand. You have tuned in to the best weekend talk show in America. This didn't take long. So yesterday, Joe brought us some of the pushback on the 250th anniversary of this country. Particularly like a lot of our parks and monuments around the United States and museums. Museums. Because I've talked about this, I've experienced it myself with my kids, where there's got to be all kinds of anti American, anti human, anti Western civilization stuff and every freaking plaque you see in every museum you go to, and it really gets tiring. And I said, well, we're going to get ready for a lot of that. Coming for the July 4th anniversary, the 250th anniversary, and then bingo, bango. There's a review of this book, America USA, in the New York Times last night. Eddie Glaude Jr. If you're a watcher of MSNBC or Ms. Now now, he's a regular on there as a pundit. He's a black dude and he hates America. And he's written this book, America usa, where he wants to. Well, I can read a little bit here from the review, which I find highly annoying. Eddie Glaude, looking back on previous celebrations, like the bicentennial in 1776, which Joe and I were old enough to live through everything like that. Such celebrations, he contends, have never really been the moments for honest self reflection that, that they're often advertised to be. Wait a second. That's interesting. So when mom and dad have their 50th wedding anniversary, the point of it is to have honest reflection on all our flaws. That's funny. That's not the way most people look at these sorts of things.
Guest Host / Co-host
I. I love how the left will state that is. I mean, clearly this is the way people look at it. No, no, no, no. Before you say another word, no. Your very premise is perverse.
Joe Getty
No. Well, it's your daughter's 16th birthday. Let's go through everything she's done wrong in her 16 years and spend our time reflecting on that. Because that's what we do with celebrations
Guest Host / Co-host
and why people, especially boys, don't like her and probably never will.
Joe Getty
Yes.
Guest Host / Co-host
Happy 16th, honey.
Joe Getty
Instead, the nation usually shatters the mirror, refusing to accept what it prefers not to see. American anniversaries are often moments to turn a blind eye to the evils of the past and the present. Glad rides. Glaude writes. To suppress the fact of America's soul. And it goes on and on and on and on like that. And I knew there was going to be a lot of that crap. And the fact that the New York Times already has a review touting how wonderful that is.
Guest Host / Co-host
Oh my.
Joe Getty
We have been using the marriage metaphor because I think it's so good. Or. Or whether you're looking at the anniversary or just like your husband or wife. Do you feel the need with your husband and wife for many decades to constantly focus on the flaws that if you don't focus on the, you know, a couple of years that, that weren't great or they did this wrong or really did that wrong or whatever. Always focus on the way you're burying the past. You're turning a blind eye to the sins. Is that what you're doing? Are you looking at the totality of things? And you're pretty happy where you are now and you got here by zigs and zags, but look at where we are now. And I'm happy with this and I want it to continue. Which is it?
Guest Host / Co-host
And you work on stuff that isn't great in a way that does not betray your love for the family slash the country. Imagine if, you know, in your 20s, the husband will say, made an investment that didn't work out and 30 years later they're looking at, I don't know, new dishes. Well, I'm not sure we can afford those. You remember that bad investment you made in our 20s that didn't help us a bit. That would be poisonously dysfunctional. I mean, horrible.
Joe Getty
I've known a few marriages that survived affairs and strengthened them in some cases. And do you just lean on that all the time? Every year, anniversary, you got to make that the focal point because otherwise you're burying your history.
Guest Host / Co-host
Right.
Joe Getty
You're censoring your history. Or you got through it and you're better for it and this is where you want to be and you're moving forward. It's just. It's so ridiculous, the self hating nature of that. It's a weird psychological thing. You want to spend all your time on the negatives as if they've gotten worse and not better.
Guest Host / Co-host
Right, Right. Well, that's useful if you're selling that and you wish to profit from it. But it's incredibly unhealthy, it's toxic.
Joe Getty
We didn't do this sort of crap back in 1976, or at least as a child. It was hidden from me. It is going to be everywhere this July 4th. It's going to be hard to get away from.
Guest Host / Co-host
For instance, I shared some of this yesterday. It's a sign at a Philadelphia museum that's getting geared up. Philadelphia, of all places, getting geared up for the 250th birthday party for our country in which our country will be kicked in the face repeatedly. What did independence mean for people in the colonies of British North America? Well, that's a very ABC123 basic question. Here's the answer. When Thomas Jefferson famously declared in 1776 that all men are created equal, his words did not drink ring true for many groups in the colonies. Enslaved people, indigenous people, women and the economically disadvantaged and others all tried to. That's your. Your plus you know. LBGBTQ plus plus, plus all tried to discern what their opportunities for life, liberty and a pursuit of happiness might be in the new United States. Individuals who could choose to support the revolution, most often white men, did so for varying reasons. Some joined because of political ideals. Many sought new economic opportunities. And others hoped that independence would bring westward expansion onto the lands of various indigenous nations. Colonists like Edward Shippen, whose portrait hangs nearby, rebelled because they felt that unfair tax policies made them slaves to Great Britain. Yet many were enslavers themselves. Growing colonial industries like John Bartlem's porcelain factory proved that colonists could produce their own fine goods, but they too exploited enslaved labor. So there is not a sentence of this that does not suggest that the entire revolution and everybody who participated in it was just a sick slaving monster. And that's at a museum. In reply, and I've quoted Robert L. Woodson, Jr. Before, he is speaking of black Americans. He is a black man. He is a man of the clothes, and he is absolutely brilliant and eloquent and a patriot. And I'm just going to hit you with part of this because it's a little long, but the 250th birthday of the United States presents a unique moment to celebrate beyond flag waving, anthem singing and praising the wisdom of the Founding Fathers. Though meaningful, such rituals become empty without moral reflection. This is the part I loved. Which victories exactly are we celebrating? What kind of nation are we calling ourselves and our posterity to be? Over the past decade, American history has been weaponized to convince its people that we are irredeemably defined by our worst chapters, especially the moral darkness of slavery. Black children are increasingly taught to believe they live in a country that fundamentally thinks less of them. White children are Told they are inherently guilty because they are privileged oppressors. Both messages produce the same outcome. A diminished sense of human value, the erosion of self respect and a collapse of social trust. And people that are convinced they are powerless will eventually live as though they are. The past should be a teacher, not a jailer. People don't rise when they are taught helplessness. They are motivated to rise when they are shown examples of what is possible. Then he gives a great biblical example about the Israelites and Egypt which will pass over.
Joe Getty
Go ahead. We are first hit with this. When did this all start? 10, 15, 20 years ago. Whenever this all started.
Guest Host / Co-host
Yeah, starting in the colleges of education, leached its way outward and they started
Joe Getty
doing it in schools. And it was more negative than positive about the United States at every turn. Ultimately what, Well, I know what ultimately it is. This is an attempt to bring down western civilization, but just for the, for the teachers and the people that go along with everything. What are you trying to accomplish? What's your goal? Do you think that the perfect place to be would for everybody to just be sad about the country or should we dissolve it? People cross swim through rivers, they get on boats and shark infested waters, they cram into back of the trucks, nearly
Guest Host / Co-host
die of heat to get into this
Joe Getty
country, to hope, have a chance to live here. And you present it to school kids as if it's the worst place on earth to be. What is your point?
Guest Host / Co-host
Right, right. Part of it is if you're a progress of the progressive mindset, self hatred is absolutely the pass you need to show at the door to get in. You will not be accepted in those circles unless you express hatred of your country and of your race. If you're white, of your economic position, if you're not poor. Self hatred is a complete. It's a requirement. Jacket and tie required. Self hatred required. Anyway, so he mentions that the Israelites were commanded to never forget their bondage in Egypt. Not so that they would remain victims forever, but so they would never become pharaoh to another people. To find their goodness and their morality and to regret the badness of the past, but not be bound by it. America must remember its own Egypt in that exact spirit. Woodson writes, the evils of slavery should never be forgotten, but neither should they be used as a permanent indictment against the nation. They should serve as a moral guardrail, reminding us that greatness is neither inherited nor guaranteed. It must be earned, defended and renewed. Slavery reminds us of the capacity for cruelty within every society and why we must remain humble, vigilant and committed to justice. Then he talks about the entire American experiment is that we're striving for our ideals and it's hard and we make mistakes. But those ideals, they're a North Star and they are always there for us. And he says the painful struggle to live up to those ideals takes courage, self discipline and above all, grace. Not the cheap performative grace of political rhetoric that rationalizes wrongdoing or denies injustice justice, the costly kind that demands something of you. Discipline, sacrifice, responsibility and moral courage. The kind that chooses restoration over revenge, even when revenge feels justified. In his last couple of sentences, as America turns 250, the question is whether we still possess the spiritual resources to renew ourselves. Will we continue nursing our grievances or will we choose the harder path of radical grace? America's future depends on that choice.
Joe Getty
Radical grace. That's a good term. I have no idea what they're teaching school kids in 1920 or whatever. Maybe you went to school and they never mentioned slavery. I have no idea. But I'm, I'm, I'm old and I went to school, you know, many, many a half a century ago and they were getting plenty of slavery in school. So when is enough? The whole. We are unwilling to hold a mirror up to ourselves and look at our flaws. When have we spent enough time looking at our flaws? Give me a deadline of. Because I really feels to me like we've wallowed in our flaws for many decades now and the point has been made.
Guest Host / Co-host
Right? Yeah. That's the intellectual class for you. I agree completely. I'm thinking back to the family metaphor of children, because you mentioned teaching children in schools. At what point is a child ready for Daddy got drunk a lot when he was young or played around a lot.
Joe Getty
I'm not sure when you need to drop that information.
Guest Host / Co-host
Right.
Joe Getty
Or be a long time in.
Guest Host / Co-host
Well, why are you teaching 6 year olds the terrible flaws when what's most important is that they love the country and its principles because they unite us. And yes, as they get older and can handle all right, we said all men are created equal. But slavery was all over the planet, including here. And the Founding fathers knew that was a tension they would have to figure out going forward. They were fully aware of that and troubled by it. But they couldn't figure out how to unite the north and south against the Brits because if they told the south, you're not welcome, it never would have worked. So they thought, oh my God, this is going to be hard and we're going to have to work it out. Over the course of year, over the course of years. And eventually we had a bloody civil war to settle the question. And yeah, it's been a really hard thing we've dealt with. But yeah, the country lived up to its principles. Took a while and took a hell of a lot of trouble in blood. That's a much more mature theme than little kids can handle. And you can present the sins of the country to them in a way that does not wallow in self loathing. But again, the leftist class, they don't have the same goal as we do. They want to tear the country down. They hate it because they want to build their, you know, Marxist utopia.
Joe Getty
Wow. So this Eddie Glod, who's on MSNBC all the time, Glod is in no mood for celebration, the New York Times says. And then he says down here. And I quote from him a half century later, talking about when he was a kid. Glod is refreshed, refreshingly honest about the depths of his despair. Oh, it is refreshing because we never come across anybody on the left who, who says this sort of thing. This is refreshing. His quote. I do not love America and never have, especially now.
Guest Host / Co-host
All right, well, go somewhere better.
Joe Getty
Yeah, where's better? Go there. Enjoy it. Knock yourself out. God. God dang it. It's going to be tiring. From the New York Times, Washington Post, MSNBC class as we lead up to the 250th birthday. Well, I just unwilling to look at our flaws. Really, Is that what's going. That's not what it feels like is going on here. Unwilling to look at our successes, unwilling to look at our achievements is what
Guest Host / Co-host
it seems like the principles that are the envy of the world. That's what you're unwilling to look at, Eddie, you faked intellectual America hating a hole.
Joe Getty
I will buy your ticket and pay your moving expenses.
Jack Armstrong
Leave Jack Armstrong and Joe Getty.
Joe Getty
We've decided to call this the best weekend talk show in America. And if you like it, download Armstrong and Getty on demand. Armstrong and Getty here for hims, there are all kinds of great weight loss approaches that fit into your world out there. They've got them at hims with a wide range range of affordable GLP1 options.
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Joe Getty
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Joe Getty
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4th come celebrate at America's Block Party. Hosted by America 250, America's Block Party is a can't miss 4th of July concert happening at the Los Angeles Memorial Coliseum. Experience music, performances from major artists, patriotic tributes and the kickoff to giving 4th, helping to make July 4th the largest day of giving in American history. It's more than just fireworks. Learn Learn more about this landmark celebration@america250.org
Joe Getty
mom, can I have Lingokids? Dad? Lingokids, please. When did we become the Lingokids house?
Jack Armstrong
No idea. Last week it was dinosaurs. This week it's Lingokids.
Joe Getty
Why Lingokids?
Guest Host / Co-host
Because it's the best thing ever.
Joe Getty
We can play games with astronauts, wild animals and superheroes.
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With more than 4,000 interactive games, songs and shows, LingoKids is the number one
Joe Getty
entertainment platform for young kids.
Jack Armstrong
So no dinosaurs and dinosaurs. Lingokids.
Joe Getty
Everything kids love. Download it for free.
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Professional wrestling fans, the action continues every week.
Joe Getty
This is total non stop action.
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TNA Thursday night Impact every week on AMC. For showtimes and more information, visit tnarrestling.com
Guest Host / Co-host
Here is your freedom hating quote of the day. Continuing our series of quotes from communists Karl Marx. The theory of communism may be summed up in a single sentence. The abolition of private property.
Joe Getty
That's pretty good. I have such great comment. The best commentary I've ever heard about how the whole Marxism communism thing of what drives it better than anything I've ever heard in my life. Really? To get to a little bit later from a famous philosopher.
Guest Host / Co-host
Yeah, you've been on this case for a long time too. I am intrigued. Mailbag, drop us a note, would you? Mailbagarmstrongandgetti.com Again that email address mailbagmstrongandgetti.com Jack and Joe writes Tom and SoCal. I think it's only appropriate. I'm sorry, I think the only appropriate response to the fawning Vogue article you shared about Gavin Newsome. And if you didn't hear that, good Lord, is it fawning? I mean, like, it's a parody. It's so fawning. But he says the only appropriate response is via the annoying genre of the haiku. That's right. Michael, if you could cue the haiku music, the ancient, the beautiful Japanese art form, the five syllables, the seven, then the five. The limitations is what sets you free. Here's the haiku. Gavin is a tool, cares only about power. What a power tool. Tom from SoCal, which is just interesting. It is interesting. Let's see. Hey, Jacques and Joe, this is Kevin, the Texas Marine. Thank you, Vogue, for opening my eyes about how the oh so wonderful Gavin Newscomb, I mean Newsom. I had no idea that he was such a wonderful person or even that a person like that was even possible. I too now want crippling regulations, overbearing taxes and bums and junkies on every block. Moving along. Speaking of totalitarians, Paolo with a really intriguing email. He talks about a specific policy in China. What it is is almost a distraction. But he points out that they effed up in a way that only totalitarian governments can. The problem with absolute centralized power is that when it makes a mistake, it can make a really big one. Making mistakes is one of the things we humans do best. But a culture that embraces a diversity of ideas, it's much easier to learn from mistakes than to be crippled by them. And to stop them more quickly too. In a centralized power regime, mistakes are forcefully imposed, much more difficult to recover from. Yeah, I would say the COVID response was a big. Was a great example of that. Yeah. Where any dissent was silenced even when it was correct. And how'd that work out? Moving along. You know, I said we'd get to this. So I'm going to. Randy happened to be watching PBS and some news story came on and a black reporter and Asian reporter were in Mississippi doing a hatchet piece on a predominantly black school. There are various accusations which may or may not be true, but Randy writes, and I'm paraphrasing, I thought it was weird and surprising that that pbs, NPR would be going after a minority run school like that. Now he gets it because people like me are pointing to Mississippi and its educational reforms, going profonics, taking the power away from the teachers unions, getting rid of restorative justice and reinstalling order in the classrooms. And they're desperate to discredit any achievement by black students in Mississippi. They don't give a crap about the kids. They give a crap about their ideology. God, that's sick. Wow.
Jack Armstrong
Armstrong and Getty.
Announcer
This July 4th, come celebrate at America's Block Party. Hosted by America250. America's Block Party is a can't miss 4th of July concert happening at the Los Angeles Memorial Coliseum. Experience music, performances from major artists, patriotic tributes and the kickoff to giving 4th, helping to make July 4th the largest day of giving in American history. It's more than just fireworks. Learn more about this landmark celebration@america250.org
Joe Getty
mom,
Jack Armstrong
can I have Lingokids?
Joe Getty
Dad, Lingokids, please? When did we become the Lingokids house?
Jack Armstrong
No idea. Last week it was dinosaurs. This week it's Lingokids.
Joe Getty
Why Lingokids?
Guest Host / Co-host
Because it's the best thing ever.
Joe Getty
We can play games with astronauts, wild animals and superheroes.
Announcer
With more than 4,000 interactive games, songs and shows, LingoKids is the number one
Joe Getty
entertainment platform for young kids.
Jack Armstrong
So no dinosaurs and dinosaurs. Lingokids.
Joe Getty
Everything kids love, download it for free.
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Professional wrestling fans, the action continues every week.
Jack Armstrong
You got it coming.
Joe Getty
This is total non stop action.
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Thursday night Impact Every week on AMC. For showtimes and more information, visit tna
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Guest Host / Co-host
we're both big fans of Sarah Isger, editor of SCOTUS blog, host of the legal podcast Advisory Opinions, legal analyst for ABC News, and author of a fabulous new book, Last Branch Standing, a potentially surprising, occasionally witty journey inside today's Supreme Court. A book so timely and important, I believe it should be a compulsory read for every American. Not sure how that scores with the First Amendment. Sarah, welcome. How are you?
Jack Armstrong
I'm great. Thank you guys for having me.
Joe Getty
You betcha. Before we let you lay out the book, and here's the deal I'm going to make with you. Even though we have no leverage, you're like the Hormuz straight. We have no leverage over you. But we're going to let you. I'll go out and buy a hardbound copy of your book today. Even though I'm getting a promotional copy. If I can get you to do one of your screeds. And there's so many I would like. Screed might be prejudicial. Maybe I'll go with presentation or something like that. But. And I could have you do why the whole crying fire in a crowded movie movie house is misrepresented there. I mean, there's so many of them. I've heard you do that.
Guest Host / Co-host
That I love her greatest hits.
Joe Getty
Why There are no parties anymore and it's a waste of time. I want to have you lay out the pointlessness of issue polling after the book, because I want you to do that for our audience. I really do.
Guest Host / Co-host
Excellent.
Jack Armstrong
No problem. Done. I mean, you don't have to goad me into, like, doing a rant. I love a rant.
Guest Host / Co-host
Good. All right. First things first, though. Tell us about Last Branch Standing.
Jack Armstrong
Well, part of the reason for this book is to convince Americans that, yes, they're hearing so much more about the Supreme Court and that it is actually our most functional branch of government. But it is never the last word in any of these fights that we're having on politics, on culture war. Anything else, it is always up to the American people. If you don't like something the Supreme Court decided we can amend the Constitution. We used to do it pretty frequently in response to Supreme Court decisions, and most of the decisions from the Supreme Court are actually just up to Congress. If you don't like partisan gerrymandering, Congress can deal with that today. We just don't expect them to. We don't make them. And we continue to vote for people who have no interest in actually legislating because legislation requires compromise, negotiation, actually working with someone who disagrees with you. And instead, we keep electing people who are really good at putting out Instagram reels yelling about how the other side is the problem.
Joe Getty
Yeah, I've listened to you so much, I actually know what your answers are going to be to all my questions, but I'll ask them anyway.
Guest Host / Co-host
You're half a stalker.
Joe Getty
I am. I'm a fanboy.
Guest Host / Co-host
Down, boy. Down.
Joe Getty
What changed? Why, you know, if we used to amend the Constitution all the time, what changed?
Jack Armstrong
Yeah, I mean, a few things. We can go back 100 years to the Progressive Era. Woodrow Wilson, Teddy Roosevelt. They really wanted to remake the United States government and move away from Congress again, that messy, long negotiating process. And they wanted it all to be housed by experts and independent agencies who would be shielded from political influence. So we've been doing that experiment for about 100 years. And then during the second term of the Obama administration, when his immigration legislation failed in the House because Republicans wouldn't vote for it, he decided to do executive orders to implement legislation. Now, it didn't last long. Those executive orders were generally struck down by courts, or President Trump came in and repealed them all his first day in office. But it taught Congress that they don't need to do legislation anymore because when their party has the White House, they can get everything that they want. And sure, it's only for a couple years, but they get the Rose Garden address, their base is happy, and nobody remembers a few years later whose fault it is when it all disappears.
Joe Getty
So the whole I have a pen and a phone thing took precedence.
Guest Host / Co-host
So essentially then and now we are
Jack Armstrong
under government by executive order at this point.
Guest Host / Co-host
Right. I was just gonna say. So Congress is not legislating in the executive branch. Is. Is that most of the reason there's so much of a spotlight on the Supreme Court these days or what else is happening?
Jack Armstrong
I think that's right. You know, because Congress is where we were supposed to work out these problems again. You know, I'm thinking of cases that are waiting at the Supreme Court right now. Birthright citizenship, asylum at the southern border, whether Mississippi can accept mail in ballots five days after the election. All of those are questions we're supposed to work out in Congress. But because none of us believe that will happen, we end up bringing lawsuits to court and asking the courts to work those out for us. And so then we focus a lot more on the courts. It becomes really important who these judges are and they become part of our partisan disagreements instead of sort of the place of last resort to sort of, you know, be a referee.
Joe Getty
And we've seen the declining popularity numbers for the Supreme Court because of this, putting them in an impossible situation on a bunch of this stuff. Reply to this this is an out of control right wing Trump court.
Jack Armstrong
Yeah, the data isn't great for people who argue that. So last term, for six, three cases, you know, where all of the Republican appointees vote one way and all of the Democratic appointees vote the other way, which is what you would expect if this were a, you know, Republican red team versus blue team court that accounted for. Drumroll. Nine percent of the cases. So that's how you're predicting the outcome of Supreme Court cases. You're going to get it wrong more than 90% of the time. And even if you include the 5, 4 cases, it turns out exactly equal numbers had all of the liberals in dissent versus having all the liberals in the majority and only conservatives in dissent Instead, you know, 42% of the cases are unanimous. That's the most likely outcome of any case at the Supreme Court. Very few, as I say, fall against partisan lines. The other things we'd expect if this were a, you know, Trump Supreme Court. Well, first of all, I guess we'd expect Trump to actually win some cases right now. Every major policy question that has come before the Supreme Court, he has lost. Immigration? Alien Enemies Act? Nope. Federalizing the National Guard? Nope. Tariffs? Nope. Birthright citizenship? I will bet you a shiny nickel that one's a hard no. So he keeps losing. In fact, in his first term, he lost more than any president in United States history. He's the first president to ever be below 50% at the Supreme Court. We'd expect them to be overturning precedent. Nope. This court is overturning fewer precedents than any court in modern history. We'd expect them to be taking more cases. Nope. This court is taking fewer cases than any court in recent history. So no matter what way you look at it, the data just isn't there for the people who want to argue that this is a partisan court.
Guest Host / Co-host
Well, let's be honest about what animates virtually all of modern politics. You just raised $0 for the Democratic Party, Sarah, so thanks for wasting our time. You noted, and I found this so interesting, that Brett Kavanaugh was more likely to agree with Elena Kagan than Neil Gorsuch.
Joe Getty
What's going on there?
Jack Armstrong
Yeah. So, I mean, Brett Kavanaugh and Neil Gorsuch are basically twins. They went to high school together. They had the same history teacher. They clerked on the court together. They were circuit judges at the same time. They were appointed by the same president. They are federal lab creations with good hair and conservative judicial principles. But last term, they only agreed with each other 50% of the time. As you say, Justice Kavanaugh was more likely to agree with Justice Kagan than he was with Justice Gorsuch, because Justice Kavanaugh is a high institutionalist. He thinks of this as a team sport. He likes basketball and baseball. Justice Gorsuch, he's a soloist. He likes skiing and running, solo sports. He is more like Justice Jackson, which is why you see them agreeing with each other's concurrences and why Justice Kavanaugh is the justice most likely to be in the majority. He is the swing justice.
Joe Getty
As of now, Sarah Isger's book is called Last Branch Standing in the First Sentence. And the promotional stuff Is here a myth busting glimpse into the inner workings of the Supreme Court? And you've already busted of a glimpse a few myths. How worried are you about the declining faith in the Supreme Court because of the untrue partisan things people have been saying on both sides now for several cycles?
Jack Armstrong
Well, let me give you the good news and the bad news. The good news is that the Supreme Court is still more popular than the president or Congress. So if we're just fighting among the three branches of government, definitely the Supreme Court is winning. The bad news is that our courts tend to be a lagging indicator of our politics. So another title for the book could have been Last Branch Standing for Now, because everything that we're doing now will eventually be reflected in the courts. And there are warning signs. Getting rid of the filibuster means that we now appoint judges who didn't get any votes from the other side of the aisle. That is not great. That is going to breed more extreme judges who are outliers. And it's going to change the behavior of people who want to become judges to be more partisan, more outspoken, lock themselves into certain positions. We have forum shopping now that we didn't used to have. That's not great. You know, you could be the most fair judge in the world, but if everyone knows that one side picked you, it doesn't look that fair to anyone. So, you know, I think those are things we can pretty easily fix. But it's not great. And the more we pull the courts into our partisan politics, negative polarization, I mean, we have a really toxic political environment right now. We cannot have the courts reflect that.
Guest Host / Co-host
Let's go a little ABC 1, 2, 3 about the Supreme Court. Kind of basic stuff. I think a lot of folks, particularly on the left, think it's about choosing the right result, period. And a lot of us on the right would like to believe that the court does not nothing but look at the Constitution and the law and precedent. They may despise the result, but we've got to go with this. That's oversimplified, obviously, but is that characterization of the left and right, at least on the right track?
Jack Armstrong
You know, I think the conservative right wanted to think that about themselves, but it's pretty clear now that that's not true. Both sides only care about outcomes, really. You see the right attack the Supreme Court every time they rule against, against Donald Trump, sometimes specific justices in very personal terms. You know, the attacks against Justice Amy Coney Barrett got very gender y in my opinion. And I think that There's a natural human tendency to care about the outcome. I get it. But the Supreme Court's job is never to say, you know, what the good policy is. It is to say who gets to decide. So you're mad that the book is in your local school library. The Supreme Court isn't going to tell you whether that's a good book or a bad book for kindergarteners to read. Their question is, who gets to decide whether that's a good book or a bad book? Is it the librarian? Is it the parent coming into the library? Is it the, you know, city mayor? Is it a state legislature? Is it the governor? Is it Congress? Those are the questions that the Supreme Court decides. They're never deciding which book it should be.
Guest Host / Co-host
Right. I meant the justice is more than. Than the average commentator or voter. For instance, Justice Jackson strikes me as just wanting the result, no matter how she has to twist the law.
Jack Armstrong
Well, it's interesting because the legal left, for a long time, sort of had this idea of living constitutionalism. The Constitution evolves as our culture evolves, and it is up to the nine justices on the Supreme Court to decide where it has evolved to. President Lyndon Johnson famously once said, it takes two thirds of Congress and three quarters of the states to amend the Constitution. Justice Douglas can do it in an afternoon. That was really where they were. That has basically disappeared from the legal left, and yet nothing has yet replaced it. And so I think you see Justice Jackson trying to come up with a new legal philosophy for the legal left that, yes, will produce liberal results, but they can be sort of intellectually, you know, built a new house, if you will, on the block of judicial philosophy. And look, like I said, 9% of the cases were 6, 3. Along ideological lines. So I also think it's unfair to say ideology plays no role in Supreme Court decisions. 9% of the time it does. It's just that 91% of the time, something else is at work.
Joe Getty
So the book is Last Branch Standing. Couldn't recommend it more highly. I've heard Sarah talk about it in a bunch of different podcasts, and I'm sure I will eventually read it. She explains this stuff in a way that idiots like me can understand it, in an entertaining way. So you have worked on presidential campaigns. You worked for Carly Fiorina. We used to have her on regularly back in the day when she was running. But anyway, I know with your background and a bunch of different. Different areas, you don't think issue polling has much merit. Explain that.
Jack Armstrong
Okay, deep breath, Sarah. Don't Go too far. Okay, here's the problem. When we do candidate polling, we can actually judge whether the poll was any good because we have an election day, right? There is a backstop to the polling. We never can do that with issue polling. We can never find out whether that poll was a good poll or a bad poll. There's no way to grade it. So that's a big problem. Right. But there's another problem. When you ask people what candidate they intend to vote for, that's a very binary choice. They understand what an election is and that they're going to go in and check the box for one person or the other. And remember, those polls still aren't perfect when it comes to issue polling. Oftentimes the question you're asking people, is it the question they think they're answering? You know, do you think the Straits of Hormuz should be open or whatever? Well, it kind of depends. What are the trade offs? Are you going to list all of the potential trade offs in that question? You've only got like 30 seconds to ask them a question and get them to answer it. And that's why you get so many different results with issue polling. It's also the case that sometimes people hear a question that can be about a very specific issue, but what they're answering, what they think they. You really want to know is, who do you support for president? So, you know, do you like X policy or Y policy? The answer is, do you like Donald Trump or Kamala Harris? And so you're rarely getting the answer that I think you want if you're asking the same question, the exact same question over time. And that moves. That is interesting to me, right? Like, not the raw number, but like, oh, it has moved by seven points in the last month. Well, something then has changed if you're asking the exact same question. But that's rarely what we're doing.
Joe Getty
Do you regularly hear. Because in talk radio, we do it all the time, 43% of Americans, blah, blah, blah. Do you regularly slap your forehead with, oh, my God, there's no way there's any accuracy there.
Jack Armstrong
I sort of turn into like a Rain man type figure where I start saying that that's not a real poll, that's not a real poll. Don't do it. That's not a real poll.
Joe Getty
Perfect.
Guest Host / Co-host
Sarah Isger's new book is Last Branch Standing. Can't wait to read it, too. Sarah, what a pleasure it's been. I hope we can do it again soon.
Jack Armstrong
Absolutely. Thanks, guys.
Joe Getty
You betcha. All right.
Guest Host / Co-host
Thank you? Yep, yep.
Joe Getty
Yeah. I've heard her go on at length about how issue polling, except in extreme situations is almost useless like it's close to. You're better off having never heard it than coming away with any information.
Jack Armstrong
Jack Armstrong and Joe Getty we've decided
Joe Getty
to call call this the best weekend talk show in America and if you like it, download Armstrong and Getty on Demand.
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Parent Speaker
with my mom and dad living in Orange county, when we bring my five and seven year old to visit, we are sometimes in for a two hour drive that could feel like 10.
Parent Speaker 2
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Which is why we load up the iPads with Lingokids before we even pull out of the driveway.
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Joe Getty
It is like electricity blowing through your veins.
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No one can ever be as good as this right here.
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Joe Getty
So my son wants to do this sometime this summer. He wants to go someplace where they have like a legendary steak or burger or ice cream sundae or whatever that if you can eat the whole thing or eat it in a certain amount of time or whatever, you get your picture on the wall or a T shirt or something. He's always wanted to do that.
Guest Host / Co-host
No, I would never step on your son's dreams. But honestly, how's his game? How good is he?
Joe Getty
Very good.
Guest Host / Co-host
Okay. All right.
Joe Getty
We have gone to Red Robin and gotten two of the cheeseburgers and fries. Two meals. Now we say, good Lord, are we waiting for someone else? No, no. He wants to do this. He wants to see if he can eat two of those meals. So he kind of likes that sort of thing anyway, so I did some research and some of the more famous ones around the country, by the way, I'm going to leave out the ones where nobody's ever done it. That's just. Oh, that's just stupid.
Guest Host / Co-host
Right?
Joe Getty
We have a 1,000 pound hamburger. Nobody's ever eaten it. Yeah, I'm sure they have it.
Guest Host / Co-host
If you can eat an entire side of beef, it's free.
Joe Getty
Yeah. One of the most famous is the 72 ounce steak challenge challenge at Big Texan Steak Ranch in Amarillo, Texas. This is the old 96er, which they parodied in the Simpsons and was featured in the movie the Great Outdoors with John Candy. It's the gold standard of this sort of thing they invented. It really started in 1962. And it's not just the steak. You also have to finish a shrimp cocktail, baked potato salad and a roll in one hour.
Guest Host / Co-host
Oh, my Lord.
Joe Getty
It has a 12% completion rate.
Guest Host / Co-host
Wow.
Joe Getty
You do get your. You get it free and then you get your picture up on the wall.
Guest Host / Co-host
That's amazing. Anybody could eat all that.
Joe Getty
I know. The Kodiak Arrest Challenge. Humpy's Alaskan Ale House in Anchorage. We're probably not going to go to Alaska. I know you're going to Alaska. We're probably not going to Alaska. Seven crab nuggets, four pounds of Alaskan king crab, a 14 inch reindeer sausage, blah, blah, blah.
Guest Host / Co-host
You got to eat reindeer.
Joe Getty
And if you do it, you get a I got crabs at Humphreys T shirt, which you know you'd wear the
Guest Host / Co-host
rest of your life when you eat reindeer steaks. It's delicious.
Joe Getty
But Santa Claus cries A New Orleans institution is the Acme Oyster house in New Orleans. Fifteen dozen oysters. That's a 180 oysters in one sitting.
Guest Host / Co-host
Can you imagine? I mean both ends, right?
Jack Armstrong
Armstrong and Getty.
Announcer
This July 4th, come celebrate at America's Block Party hosted by America 250. America's Block Party is a can't miss 4th of July concert happening at the Los Angeles Memorial Coliseum. Experience music performances from major artists, patriotic tributes and the kickoff to giving 4th, helping to make July 4th the largest day of giving in American history. It's more than just fireworks. Learn more about this landmark celebration@america250.org
Parent Speaker
with my mom and dad living in Orange county, when we bring my five and seven year old to visit, we are sometimes in for a two hour drive that could feel like 10.
Parent Speaker 2
Oh, as an avid camper, I know all about this. We'll pack up the RV and know this is either going to be the trip of a lifetime or a complete disaster.
Parent Speaker
Which is why we load up the iPads with Lingokids before we even pull out of the driveway.
Parent Speaker 2
It's what dreams are made of. Lingokids keeps kids engaged and quiet with over 4000 interactive games, songs and shows that kids simply cannot get enough of.
Parent Speaker
You can pack whatever you think you'll need, but Lingokids is the only entertainment you'll need for a stress free car ride.
Parent Speaker 2
Or really any ride, plane, train, hovercraft, whatever.
Parent Speaker
Download Lingokids for free today or unlock
Parent Speaker 2
even more amazing content with LingoKids.
Parent Speaker
Plus choose the yearly plan and save up to 60%. Search LingoKids in the app Store or
Parent Speaker 2
Google Play Lingokids Everything kids love Professional
Wrestling Announcer
Wrestling fans the action continues every week.
Joe Getty
This is total non stop action.
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TNA Thursday Night Impact every week on AMC. For showtimes and more information visit tna
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This episode of Armstrong & Getty features a lively mix of social commentary, cultural critique, and a deep dive into American attitudes approaching the nation’s 250th anniversary. The hosts discuss the mainstream tendency to focus on America's flaws during national celebrations, debate the merits of such introspection, and contrast the current critical climate with the country’s past. The second half includes a rich interview with Sarah Isger (editor of SCOTUSblog and author of "Last Branch Standing"), focusing on misconceptions about the Supreme Court, judicial partisanship, and why issue polling is often misleading. The hour wraps with lighter fare, such as competitive eating challenges.
“Wait a second. That’s interesting. So when mom and dad have their 50th wedding anniversary, the point of it is to have honest reflection on all our flaws? That’s funny. That’s not the way most people look at these sorts of things.” – Jack Armstrong [03:40]
“The past should be a teacher, not a jailer. People don’t rise when they are taught helplessness. They are motivated to rise when they are shown examples of what is possible.” – Robert L. Woodson, Jr. (Read by Guest Host) [09:25]
“All right, well, go somewhere better.” – Guest Host [16:41] “I will buy your ticket and pay your moving expenses.” – Joe Getty [17:18]
“For six-three cases, you know, where all of the Republican appointees vote one way and all the Democratic appointees vote the other…that accounted for…nine percent of the cases.” – Sarah Isger [30:32]
“The Supreme Court’s job is never to say…what the good policy is. It is to say who gets to decide.” – Sarah Isger [35:48]
“When we do candidate polling, we can actually judge whether the poll was any good because we have an election day…We never can do that with issue polling.” – Sarah Isger [38:50]
“This is not the way most people look at these sorts of things.” – Jack Armstrong [03:40]
"You want to spend all your time on the negatives as if they've gotten worse and not better." – Joe Getty [07:01]
“The past should be a teacher, not a jailer.” – Robert L. Woodson, Jr., quoted by Guest Host [09:25]
"Self hatred is a complete—it's a requirement. Jacket and tie required. Self hatred required." – Guest Host [11:46]
“I do not love America and never have, especially now.” – Eddie Glaude Jr., read by Joe Getty [16:36] “All right, well, go somewhere better.” – Guest Host [16:41]
"For six-three cases...that accounted for...nine percent of the cases...If that's how you're predicting the outcome of Supreme Court cases, you're going to get it wrong more than 90% of the time." – Sarah Isger [30:32]
"When we do candidate polling, we can actually judge whether the poll was any good because we have an election day...We never can do that with issue polling." – Sarah Isger [38:50]
“We have a 1,000 pound hamburger. Nobody’s ever eaten it. Yeah, I’m sure they have it.” – Guest Host [44:47]