Elon Musk "Butthurt" Over Trump Bill, Meet Tim Pool | Leah Litman on "Lawless" SCOTUS

Summary

The Daily Show: Ears Edition - Episode Summary

Release Date: June 5, 2025

Hosts: Michael Kosta, Jordan Klepper, Leah Litman

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1. Introduction

In this episode of The Daily Show: Ears Edition, host Michael Kosta, along with Jordan Klepper and special guest Leah Litman, delves into the tumultuous political landscape shaped by recent conflicts between prominent figures, legislative battles, and insights into the functioning of the Supreme Court. The episode is packed with sharp humor, incisive commentary, and exclusive interviews that provide listeners with a comprehensive understanding of current events.

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2. Elon Musk and Trump's Spending Bill Dispute

a. Musk's Criticism of the Bill

The episode opens with a heated discussion about the falling out between Elon Musk and President Donald Trump over the latter's expansive spending bill. Elon Musk publicly condemned the bill, describing it as a "pork-filled congressional spending bill" and a "disgusting abomination."

Jordan Klepper [01:37]: "He says, I'm sorry, but I just can't stand it anymore. This massive, outrageous, pork filled congressional spending bill is a disgusting abomination."

b. Impact on Political Landscape

Michael Kosta sarcastically juxtaposes Musk’s dramatic language with mundane complaints, highlighting the severity of the rift and its potential political ramifications.

Michael Kosta [01:46]: "Jesus Christ, you can't just call this bill a pork filled abomination. That's reserved for the new TGI Fridays appetizer."

c. Republican Reaction and Democratic Opportunities

The fallout between Musk and Trump presents Democrats with an opportunity to attack both figures. However, Kosta humorously critiques the Democrats' attempts to leverage Musk's statements.

Michael Kosta [02:49]: "Nice try, Chuck Schumer. Any other Democrat want to take a shot?"

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3. Republican Backlash on the Spending Bill

a. Misreading and Unawareness of Bill Provisions

Several Republicans who initially supported the bill began to retract their support upon discovering unfavorable provisions they hadn't fully reviewed. Notably, Congresswoman Marjorie Taylor Greene admitted ignorance of a section restricting states' abilities to regulate artificial intelligence for a decade.

Marjorie Taylor Greene [06:25]: "I wasn't aware of a section that would strip states of their ability to regulate artificial intelligence for the next decade."

b. Consequences for Key Politicians

Republican Congressman Mike Flood faced backlash for voting in favor of the bill without comprehensively understanding its implications, particularly a provision affecting judicial authority.

Mike Flood [07:23]: "I don't agree with that section that was added to that bill. This provision was unknown to me when I voted for the bill."

Kosta underscores the importance of thorough legislative review, criticizing the minimal engagement from some lawmakers.

Michael Kosta [07:59]: "I know reading a 1000 page bill is boring. I get it. Reading sucks."

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4. Segment: News to Meet You – Tim Pool's Interview

a. Critique of Media Narratives

Jordan Klepper introduces Tim Pool, a YouTuber and media influencer, who critiques mainstream media narratives, accusing them of propagating falsehoods.

Tim Pool [13:35]: "Many of the news organizations that are represented in this room have marched in lockstep on false narratives..."

b. Allegations of Russian Influence and Controversial Statements

The segment takes a satirical turn as Pool is humorously accused of being influenced by Russian state media to promote pro-Russian narratives, despite his claims of neutrality.

Jordan Klepper [17:25]: "Popular, far right American influencer Tim Pool unwittingly paid by Russian state media company rt as part of an operation to influence American politics."

Pool controversially states his stance on Ukraine, reflecting anti-Democratic sentiments.

Tim Pool [17:59]: "Ukraine is the enemy of this country... We should rescind all funding and financing, pull out all military support, and we should apologize to Russia."

c. Satirical Response from Hosts

The hosts employ sharp wit and sarcasm to underscore the absurdity of the allegations and Pool's statements, blending humor with critical analysis.

Leah Litman [18:19]: "Now that is customer service. Come on, Tim, you're better than this."

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5. Discussion with Leah Litman on "Lawless" and SCOTUS

a. Overview of Leah Litman's Book and Insights on the Supreme Court

Leah Litman, a University of Michigan law professor and author of Lawless, discusses her perspectives on the Supreme Court's current trajectory, emphasizing its shift towards conservative grievance-driven decisions.

Leah Litman [20:41]: "I'm a bunch of snowflakes."

Litman explains the emotional and politically charged nature of recent Supreme Court decisions, particularly the invalidation of Joe Biden's student debt relief plan.

b. Critique of Supreme Court Decisions and Ethics

Litman critiques the Supreme Court's lack of a robust ethical framework, pointing out instances of justices engaging in questionable practices without accountability.

Jordan Klepper [28:29]: "They wrote themselves binding guidance document and then wanted a big party to be thrown for them because they fixed the entire problem."

She highlights cases like 303 Creative to illustrate how justices may manufacture cases to push specific agendas, undermining judicial impartiality.

Jordan Klepper [24:43]: "In that case, the justices just declared that some set of people have a right to discriminate on the basis of sexual orientation."

c. Potential Reforms and Public Engagement

Litman advocates for increased public awareness and education regarding the Supreme Court's influence, urging listeners to engage in conversations and movements that promote judicial accountability.

Leah Litman [33:41]: "We need to build a movement of people who understand what the Supreme Court is and how it has changed and how it is changing the country more concretely."

She emphasizes the power of memes and public discourse in challenging the Court's decisions.

Leah Litman [33:41]: "I think we need to build a movement of people who understand what the Supreme Court is..."

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6. Conclusion

The episode wraps up with a humorous nod to the deteriorating relationship between Elon Musk and Donald Trump, suggesting the end of their "bromance." The hosts encourage listeners to stay informed and engaged with political developments, emphasizing the importance of understanding legislative and judicial processes. As always, The Daily Show: Ears Edition blends insightful commentary with humor, ensuring listeners are both entertained and educated.

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Notable Quotes:

• Jordan Klepper [01:37]: "He says, I'm sorry, but I just can't stand it anymore. This massive, outrageous, pork filled congressional spending bill is a disgusting abomination."

• Marjorie Taylor Greene [06:25]: "I wasn't aware of a section that would strip states of their ability to regulate artificial intelligence for the next decade."

• Tim Pool [17:59]: "Ukraine is the enemy of this country... We should rescind all funding and financing, pull out all military support, and we should apologize to Russia."

• Leah Litman [33:41]: "We need to build a movement of people who understand what the Supreme Court is and how it has changed and how it is changing the country more concretely."

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This comprehensive summary captures the essence of the episode, highlighting key discussions, notable quotes, and the overarching themes presented by the hosts and guests.

Transcript

[Michael Kosta]

This is an iHeart podcast. You're listening to Comedy Central from the most trusted journalists at Comedy Central. It's America's only source for news. This is the Daily show with your host, Michael Koskin. Oh, yeah, baby. Oh, yeah. Welcome to the Daily Show. I'm Michael Kosta. We've got so much to talk about tonight. Trump and ELON Go from BFFs to enemies for life. Republicans get caught not doing their summer reading. And Chuck Schumer finally learning how to be charismatic. No, no, no, he's not. But first, Congress is busy wheeling and dealing over Donald Trump's legislative agenda. So let's get into it with our ongoing coverage of the big beautiful bill. Oh, I sleep with that. I wrap it around. I kiss it at night. Washington is a lot like high school, and not just because all the politicians are trying to date high schoolers. It's also because when a friendship ends, it explodes. And right now, we are drenched in the fallout. Breaking news war of words between Elon Musk and the GOP lawmakers. This comes after the techmo is speaking out again on the President's sprawling spending bill.

[Jordan Klepper]

He says, I'm sorry, but I just can't stand it anymore. This massive, outrageous, pork filled congressional spending bill is a disgusting abomination.

[Michael Kosta]

Jesus Christ, you can't just call this bill a pork filled abomination. That's reserved for the new TGI Fridays appetizer. $9.99 for a whole fried pig. I'm there. But this rift between Musk and Trump presents an incred, incredible opportunity for Democrats to go on the attack. Hit him with everything you got. Let's go, Dems. I hear something happened while we were at lunch which led me to make some news here today and say something I didn't think was imaginable. I agree with Elon Musk. Oh, my God, that is so lame. Man, I feel so inspired when I hear Chuck Schumer. I just want to. And then keep walking and go a little farther until eventually I come to a body of water and then, you know, give up on democracy. Nice try, Chuck Schumer. Any other Democrat want to take a shot?

[Jordan Klepper]

Breaking news.

[Michael Kosta]

Elon Musk and I agree with each other. Yeah, yeah, yeah, yeah. Schumer already did that. That's the first rule they teach you in comedy college. A joke always gets funnier when you have to repeat it. And that's the first rule they teach you in comedy. A joke always gets funnier when you have to repeat it. And even if Democrats can't Take advantage of it. It's still shocking for Elon to turn on Trump like this. Why did he do it? The source in Trump world claiming that Elon was, quote, butthurt in part because the bill didn't include giveaways to his companies.

[Jordan Klepper]

Musk is upset that the spending bill cuts the electric vehicle tax credit. The white denied his request to have the Federal Aviation Administration use his Starlink satellite system.

[Michael Kosta]

Are you kidding me? He's upset about that. Let's review all that Elon Musk has gained from his $288 million investment into this presidency. 100 million in NASA contracts. He got to freeze 40 federal investigations against his companies, fired anybody who could regulate or tax him. And he got the President of the United States to plug his car company. And Trump almost pronounced its name Corre.

[Leah Lippman]

I love Tesla.

[Michael Kosta]

But he's still pissed because he couldn't skim every last dollar from the Treasury. There's gotta be a better reason.

[Jordan Klepper]

Plus, we're learning Musk had hoped to stay on with the White House as a special government employee beyond 130 days, but apparently the White House didn't accommodate that.

[Michael Kosta]

Wait, wait, wait. The White House couldn't accommodate that? That does sound like bullshit. You know, Donald Trump is literally defying court orders as we speak. But with this, he's like, sorry, Elon, rules are rules. You know, if I break Regulation 46 of the Federal employee handbook, what separates us from animals? No. Elon Musk got fired. Now I get why he's mad. It doesn't matter how rich you are, getting fired sucks. You never totally get over being fired. I got fired from Chuck e. Cheese in 1999, and I still have dream about going up to the manager and saying, no, Bruce, you're the one that ate pizza scraps instead of throwing them out. I hope you're watching, Bruce. But whatever the reason for Elon's butt pain, it seems to have opened the floodgates and now it's giving life to a growing Republican backlash against the bill. What I'm concerned about is they didn't cut enough spending. We've got to have some fiscal sanity here.

[Leah Lippman]

We're running 2 trillion dollar deficits. We need to try to reduce spending.

[Michael Kosta]

As much as we possibly can. It's hugely concerning to me. This is immoral, what us old farts are doing to our young people. This is grotesque, what we're doing. Yes, this bill is doing to young people is grotesque. Now, it's not as bad as what this bill is doing to young people, but it's still pretty gross. You didn't see that one coming, did you? In fact, the backlash to the bill is getting so big that even Republicans who already voted for it are backlashing. Congresswoman Marjorie Taylor Greene. Now, even though the Congresswoman voted for the bill in the House, she now says in full transparency that she wasn't aware of a section that would strip states of their ability to regulate artificial intelligence for the next decade.

[Jordan Klepper]

Here's a lesson for us all. No matter what political party holds office and is in charge, we should all watch carefully the bills that we pass.

[Bill]

Yep.

[Michael Kosta]

Yep. No shit. I mean smart. I mean, congrats on coming out against a crazy thing in this bill, but you weren't aware of what was in it. That's your job. This isn't book club. You can't just read the first seven pages and then be like, I love it, Linda. More Rose but here's what's really unbelievable about this story. We can shit on mtg, and we will because it's so fun to but she isn't even the only Republican who's admitting she didn't read the whole bill before voting for it. Some voters in Nebraska confronted their congressman, Republican Mike Flood, and he admitted that.

[Jordan Klepper]

He voted in favor of the bill.

[Michael Kosta]

Without reading a provision that would make it harder for judges to hold parties in contempt for defying court orders. I do not agree with that section that was added to that bill. This provision was unknown to me when I voted for the bill. Hey, hey, hey. Why are you guys booing me? I'm just telling you I didn't do the bare minimum of my job. Feels like you should be applauding me for my honesty. Come on. I know reading a 1000 page bill is boring. I get it. Reading sucks. I can't even get through the birthday cards my kids give me. I love you so much. Blah blah, blah. Wrap it up already. But you gotta read these bills. It's not like a 23andMe terms of service agreement where you can just blindly sign it. And now there's a clone of you who's a sex slave for an Uzbek oligarch. Unlike that, these bills are important. Anyway. At this point, there's basically an open revolt against the bill. And this must really piss off House Speaker Mike Johnson. He's busted his balls for months putting this thing together and after one tweet from Elon Musk, everybody's turning on it. Don't take that shit, Mike. Alright, Tell that pasty South African belly flashing sperm fountain, absent baby daddy friendless Ziploc bag full of jizz. Ketamine. Ketamine. Rasputin. Dead eye. Deadbeat. Doge Donkey Hitler waving Siemen distributor where he can shove his tweets. Come on.

[Leah Lippman]

With all due respect, my friend Elon.

[Michael Kosta]

Is terribly wrong about the one big, beautiful bill. Oh, my God. None of them are good at this. For more on the Republicans backing away from their own big, beautiful bill, we go live to Washington with the actual big, beautiful bill. Bill. Bill. Wow, these Republicans have some pretty harsh words for you.

[Bill]

Well, I have some harsh words for them, Michael. How rude. First of all, they were gassing me up, calling me beautiful. They spent all night passing me. But after they ran me through the House, now they act like they weren't into it. Please.

[Michael Kosta]

Well, to be fair, they're finding out a lot about you. You ban regulations on AI, you allow the President to ignore court orders. You kick millions of people off their healthcare.

[Bill]

They passed me, okay? They're the ones who voted for me without getting to know me. They say they regret it now, but you should have seen them on the House floor. It was wild. Okay? They're trying to stuff their amendments into me. All 220 of them. They're screaming. Screaming, Aye.

[Michael Kosta]

Aye.

[Bill]

Aye.

[Michael Kosta]

Five of those in favor say aye.

[Bill]

What a bunch of pervs.

[Michael Kosta]

Okay, okay, but. But a lot of your amend were added at the last minute. Not everyone got to read them like Marjorie Taylor Greene.

[Bill]

You say that like she can read. Marjorie. Marjorie, you sweet, sweet girl. You think you lowered yourself for me? I am so far above you. I can see the Jewish space lasers you love so much. Okay, sorry if I'm being too honest, but you know me, the bbb, I tell it like it is. I can't really snap, but you get.

[Michael Kosta]

Okay, okay, well, what now? All right, you're gonna have to face these people again if you want to become law.

[Bill]

Ugh, I know, I know. I have to be the bigger bill. I'm just done with these boys in the House. You know, I think I'm gonna take some time to do some self care, do some light reading. Light reading of myself. And then I'll be ready. I'll be ready to go to the Senate where the mature politicians are.

[Michael Kosta]

I don't think senators will be any more mature.

[Bill]

Yeah, they will. They're all like 95.

[Michael Kosta]

No, I mean, I don't know if senators are going to read all of you either. Politicians just don't take their job seriously.

[Bill]

I know, Michael. They're not responsible like you journalists are. I'm sure. You've read all of me, right?

[Michael Kosta]

Of course. I mean, I'm a professional, aren't I? I wouldn't have talked about the bill for the whole headline without reading it. Of course.

[Bill]

Okay. Yeah. Okay, then. What's your favorite provision? Yeah, without looking at me.

[Michael Kosta]

Hey, you know what? The big, beautiful bill, everyone. When we come back, we find out the next generation of sellouts. So don't go. Right? I mean, I don't. Welcome back to the Daily Show. Every year there's more and more reporting, so to find out who some of them are, we go to Jordan Klepper in our segment News to meet you.

[Leah Lippman]

Ever since President Trump took office, he's been attacking the establishment press harder than Elon's Face by his own kids. And now the Trump administration is welcoming a crop of new media reporters to the White House. In fact. In fact, they're not just replacing old media, they're great replacing them.

[Jordan Klepper]

Starting today, this seat in the front of the room, which is usually occupied by the press secretary's staff, will be called the new media seat. We have an individual in our new media seat today. His name is Tim Pool.

[Michael Kosta]

Okay.

[Leah Lippman]

All right. Lovely to meet you, Tim Pool, a YouTuber and, I'm assuming, former GameStop employee. Now, his head might be cold, but he's in the hot seat. Let's hear him hold this administration's feet to the fire.

[Tim Pool]

Many of the news organizations that are represented in this room have marched in lockstep on false narratives, such as the Very Fine People Hoax, the Covington Smear, and now what's being called the Maryland Man Hoax. I'm wondering if you could comment on that unprofessional behavior.

[Leah Lippman]

Wow. Wow. Now that's a great question. Everyone in this room sucks. Do you care to comment? Okay. Okay. So the Trump administration has brought in the perfect weapon, someone who can attack the media from within the media. He's like a wolf in sheep's clothing. If that clothing came from Hot Topic. You know what? You know what? Looks can be deceiving. If he has White House credentials, I'm sure he brings the dignified, well sourced positions that we expect from qualified journalists.

[Tim Pool]

You've got stories of migrants grilling cats and slaughtering mammals in the street. The left are like, women only get paid $0.73 on the dollar for what a man makes. But at the same time, you have a trend of ladies nights where at bars women get discounts when they buy drinks. So spare me, dude. Because of trans issues, we must refer to the vagina as the front Hole.

[Leah Lippman]

What? I can't believe what my upper side holes are hearing. My middle face hole is a gape. My back hole is clenched. Are we all caught up here on how we're doing? You know what? This is just how new media talks. If you're offended by that, you're stuck in the old legacy media world and don't understand what an alpha this guy is. He's cool, tough, and you know what? The ladies love him.

[Tim Pool]

We're gonna end up with a generation of women who view almost all men as inadequate. I think it's crazy that I'm about to be 34 and I have no family. You know what the problem is, though? It's definitely not me. I think it's to everybody else.

[Leah Lippman]

You know, I'm gonna. I'm gonna play this hand blind and say it's definitely you, Tim. Hold on. In fairness, I'm sure it's hard out there for guys who look like Joe Pesci's Home Alone stunt double. Fair. Fine. Fine. He's not great at analyzing his love life, but that doesn't mean he isn't great at analyzing the political landscape and telling us not just what's happening, but what's going to happen next. Like the predictions he made about January 6th two days prior.

[Tim Pool]

Newsweek says exclusive threat of pro Trump violence in Washington overshadows inauguration security plans. Oh, I just love the depravity of these news outlets. When did Trump tweet, go get violent and instigate violence? Trump said, be there. It'll be wild. What does that even. I'm having a party, everybody. You gotta be there. It's gonna be wild. What does that mean? Does that mean we're gonna bring guns and it's gonna be violent? No, it means we're gonna have a party.

[Leah Lippman]

Yeah, that's right, bro. And you know what they say. It ain't a party until somebody drops a deuce on Nancy Pelosi's desk. Fine. Fine. So New Media's Tim Pool was wrong about January 6th. He's not a mind reader, even though he dresses like a street magician. Still. Still, Tim can promise you this. He brings you the unbiased and unfiltered truth.

[Tim Pool]

The news you're getting comes straight from me and straight from the source. I don't have a political agenda. Bringing real news and not narrative to all of you.

[Leah Lippman]

Exactly. It's truth to table journalism. Immune to propaganda and outside influence. Tim Pool is an honest man who cannot.

[Jordan Klepper]

Popular, far right American influencer Tim Pool unwittingly paid by Russian state media company rt as part of an operation to influence American politics. Pool promoting pro Russian narratives on a host of issues.

[Leah Lippman]

Whoa, whoa, whoa, whoa, whoa, whoa, whoa, whoa, whoa, whoa. Are you saying I shouldn't trust a man who dresses like a divorced ghost hunter?

[Jordan Klepper]

What?

[Leah Lippman]

Whoa, whoa. No. You know what? These.

[Bill]

These.

[Leah Lippman]

These news reports can say whatever, but I'm sure he's not blatantly shilling for Russia.

[Tim Pool]

Ukraine is the enemy of this country. Ukraine is our enemy being funded by the Democrats. I will stress again, one of the greatest enemies of our nation right now is Ukraine. We should rescind all funding and financing, pull out all military support, and we should apologize to Russia.

[Leah Lippman]

Wow. Now that is customer service. Come on, Tim, you're better than this. These allegations are true. I'm outraged. You can't be pushing Russian propaganda. It doesn't matter how much they're paying you.

[Bill]

A new report claims that during the.

[Michael Kosta]

2024 campaign, Russian state media funneled $100,000 per episode to Tim Pool.

[Leah Lippman]

$100,000. Me in my front hole. Whoa, whoa, whoa. All right, all right. So. So what have we learned here today? We learned that Tim Pool has been compromised by Russian interests. However, the good news is I have not. Give me a call, Vlad. For the right price, this face hole can be all yours. Das Vidana comrades. I'm Jordan Klepper. Good night, and seriously, good luck.

[Michael Kosta]

Thank you, Jordan. When we come back, Leah Lippman will be joining me on the show. Don't go away. Welcome back to Darryl Shrub. My guest tonight is a University of Michigan law professor, co host of the Strict Scrutiny podcast, and author of the New York Times bestseller Lawless. Please welcome Leah Lipman. Look at how excited these people are. So excited about constitutional law. Thank you for coming on the show. Your book, how the Supreme Court Runs on Conservative grievance, Fringe theories, and bad vibes. Explain vibes to me.

[Jordan Klepper]

Okay, so by vibes, I kind of mean feelings and the political talking points of the Republican Party that the justices are laundering into the law or sometimes just declaring to be the law. So when they invalidated Joe Biden's student debt relief plan, they announced. Boo. Indeed, they announced. They didn't exactly have to follow the law like what Congress enacted because student debt relief raised questions that were personal and emotionally charged. That is it triggered them, and so that just became the law.

[Michael Kosta]

Are you saying the Supreme Court is. Can have feelings and is acting on those feelings?

[Jordan Klepper]

I'm saying they are a bunch of snowflakes.

[Michael Kosta]

Oh, fun. Notice there's a lot of that in this. And it is very refreshing to read and hear on your podcast. Strict scrutiny. Hear, hear. People just talk shit about the Supreme Court. And is that okay to do that?

[Jordan Klepper]

I think it's more than okay.

[Leah Lippman]

Okay, tell me why.

[Jordan Klepper]

So, one is, I wanted to put this in a language that even Brett Kavanaugh and Neil Gorsuch could understand, so needed to make it accessible and whatnot. But second is I think the Supreme Court is this incredibly powerful and not well understood institution. And I wanted to make information about the Supreme Court accessible. I wanted to energize people to get involved in learning more about the Supreme Court and wanting to do something about it.

[Michael Kosta]

This audience seems to know a lot about the Supreme Court. But let's assume. Let's assume that our viewing audience, and maybe even the host needs a refresher on what's actually happening right now in the Supreme Court. And talk to me not like a child, talk to me like a blob.

[Jordan Klepper]

Okay. Okay. So here's the basic rule of Supreme Court Fight Club. Right now, that's a movie.

[Michael Kosta]

I understand that reference.

[Jordan Klepper]

There you go. Okay, so the basic rule is there is no discrimination against women, racial minorities, gays and lesbians and trans people, but there is discrimination against. Against white wingers or white right wingers. And that kind of discrimination is everywhere. And it's so prevalent that gives them the right to discriminate against everyone else. But you're not allowed to call it discrimination because that's too mean to them.

[Michael Kosta]

Right. So that's.

[Jordan Klepper]

That's the basic vibe. Yes.

[Michael Kosta]

Well, look, Roe v. Wade was overturned. And we're all reacting. We're all. We're all reacting to that. But I wonder, besides just reacting to that, that should we be looking forward and what else could they do?

[Jordan Klepper]

They could do so much. I mean, I worry that the next several decades might look like a Hunger Games for liberal constitutional democracy. So after abortion, I think they are likely to come after contraception. I think they're likely to come after what remains of the Voting Rights Act. I think they are likely to come after what remains of campaign finance regulation. And so I think that they are in a position to really undo a lot of what is foundational and important about our current democracy.

[Michael Kosta]

We're gonna talk about what we can do eventually. But I wanna keep digging into this and some of the bleakness that exists. And you talk about that in the book. I feel like that's maybe a struggle you've had as an author is like, I have to share with you the bleak Shit. And we'll talk about later maybe what we can do. Let's talk a little bit about the. The 303 creative case. And that was something that you illuminate really well. And I think all of us could use a resummary of what exactly happened there and how that case was almost manufactured to get a result that they wanted.

[Jordan Klepper]

Yes. So this is a super wild case where the justices basically feel entitled to create a bunch of rules and indeed to make up cases. So the case really went back to Obergefell v. Hodges, which was the mirror equality decision that invalidated laws that prohibited marriage licenses for same sex couples. And in that case, Justices Alito and Thomas and the other Republican appointees threw a hissy fit about how marriage equality was so unfair to people who didn't think that gays and lesbians should be able to get married. You know, Justice Alito said it would facilitate the marginalization of people with traditional views about marriage, and even said it called to mind the harsh treatment of gays and lesbians in the past, as if marriage equality was like the same thing as not allowing gays and lesbians to get married. But anyways, so in that case, they said marriage equality is going to facilitate First Amendment violations of those with traditional views about marriage. And so when the justices announced that they are basically inviting people to file First Amendment challenges to civil rights protections for the LGBT community, and that's what happened in 303Creative. There you had this organization, the Alliance Defending Freedom, get involved in this case where they found a website designer that became a wedding website designer that then became a religious wedding website designer, who then all of a sudden was very afraid she was going to have to make a wedding website celebrating same sex weddings. And so that was the case that kind of was sort of before the Supreme Court, even though she hadn't actually been asked to design a website for a same sex couple. But why decide the case in front of you when you can just play a little fantasy football? So in that case, the justices just declared that, well, obviously refusing to make a wedding website for a same sex couple, that's not discrimination on the basis of sexual orientation. Right? Okay, I can explain that if you want. Explain.

[Michael Kosta]

But I stopped listening like six minutes ago, so.

[Bill]

No, no, no, no, that's not true.

[Michael Kosta]

That's not true. Well, no, but I mean, this is the challenge of the subject you're in.

[Jordan Klepper]

Yes, yes.

[Michael Kosta]

We as Americans can't tune out.

[Jordan Klepper]

Right.

[Michael Kosta]

We have to be paying attention. And you said fantasy football. And I thought, did I make my trades this week.

[Jordan Klepper]

Well, if we could trade some Supreme Court justices, that would be great. I think so, yeah.

[Michael Kosta]

Supreme Court, let's do that. What level of justice do we lose if we're artificially manufactured?

[Jordan Klepper]

I think we lose all justice whatsoever. Because in that case, the justices just declared that some set of people have a right to discriminate on the basis of sexual orientation. But we don't know what set of people that is because the case involved an imaginary wedding website designer. And so we don't know exactly what group of people now has, you know, all of their prejudices protected by the Constitution. And so that case has created this spillover where now a bunch of people are asserting the right to discriminate.

[Michael Kosta]

Right, let's switch gears for a second and talk about the code of ethics that either does or does not exist within the Supreme Court. I mean, you have some crazy stuff coming out with Clarence Thomas flying on private jets and yachts and having an RV, a $19,000 Bible owned by Frederick Douglass. Gorsuch and Kavanaugh were paid $30,000 to teach a two week course. Over and over. There's all of these things. What exactly is the code of ethics for the Supreme Court? Do they have one?

[Jordan Klepper]

It's a code of like non ethics. So they don't really have an actual code of ethics. They wrote something, they wrote themselves binding guidance document and then wanted a big party to be thrown for them because they fixed the entire problem. But then not all of them even abide by that nomination set of principles. So basically they just kind of do whatever they want and they feel pretty entitled to be kept men. And so this is like when I.

[Michael Kosta]

Said in high school that mom and dad I think I should be in charge of my curfew.

[Jordan Klepper]

Right. They just get to make up the rules that apply to themselves as they go along.

[Michael Kosta]

Are the courts underneath the Supreme Court? Is it the same for those courts?

[Jordan Klepper]

No, those courts actually have some rules that can be enforced against them. But, you know, when you're a Supreme Court justice, they just apparently let you do it. As someone once said, kind of you.

[Michael Kosta]

You were a clerk at the Supreme Court.

[Jordan Klepper]

I was.

[Michael Kosta]

I always assumed as an American that this was kind. They were the adults in the room, that this is where things finally ended and justice was served. Right or wrong. What's it like in there?

[Jordan Klepper]

So part of the goal of the book.

[Michael Kosta]

I think I know how you're gonna answer.

[Jordan Klepper]

Part of the goal of the book is to socialize people in a different picture of the suprem court. And you know, we have a guy taking a literal chainsaw to the federal government in electoral politics, but he's not.

[Michael Kosta]

In the Supreme Court. Correct.

[Jordan Klepper]

Well, but here's the thing. He's allegedly doing so on like bladder damaging levels of ketamine. They're doing it stone cold sober. They are just saying, you can't have the Clean Power plan because there's a debate about climate regulation. You can't have student debt relief because that would be like the French Revolution. And it triggers me, you can't have the Voting Rights act because that's too popular. And so they're doing the same thing. It's just not getting the same kind of attention.

[Michael Kosta]

I mean, are you. Are. It almost sounds like we as a society have gotten soft, but also so is our Supreme Court.

[Jordan Klepper]

Um, I think they have gotten soft. They've also just gotten kind of lazy. Like they're not even trying.

[Michael Kosta]

They're in robes all day. I mean, it's kind of like.

[Bill]

They'Re.

[Jordan Klepper]

Not even trying anymore. You know, they just declare things to be the law. They make up new made up theories with new made up exceptions, because why not? You know, with six Republican justices on the court, I think they feel like they have to try a little bit less, especially with Donald Trump taking so much of the attention away from them.

[Michael Kosta]

I respond really well to your passion and your enthusiasm and your drive, and I wonder where that comes from.

[Jordan Klepper]

Inner rage and inner pettiness is some of it, but.

[Michael Kosta]

There'S something behind that.

[Jordan Klepper]

Yeah. Ok.

[Michael Kosta]

I had Candace Parker, WNBA basketball champion on yesterday, and I feel the same energy and I asked her the same question, but I'm curious where it comes from. You?

[Jordan Klepper]

Yeah. So I grew up in a family where the women in my family spoke very openly about what it was like to grow up in a world where women didn't have control over their own bodies, experienced sexual violence, had to drop out of school. And so seeing that world come back is very. Makes me filled with incandescent rage, you know, to hear that I don't get to have rights because apparently it's really hard for some men to live in a world with feminism and women's rights. Which is basically what Justice Alito said when he overruled Roe versus Wade. He said, well, that case declared a losing side and a winning side. And it's like my guy, you literally just described how cases are decided. There is a winning side and a losing side, but I guess it's illegal when women win.

[Michael Kosta]

Well, one of it's really fun watching you talk shit to Justice Alito. Listen to it and read about it. All right, all right.

[Jordan Klepper]

Hey, Sam.

[Michael Kosta]

I want to try to steer this in a positive and somewhat solution based conclusion. What can we do? I mean, one of the things you talk about in the conclusion is just start talking about this when you go to the dog park. Don't be afraid to share with people that you think the Supreme Court isn't working right now. What else can we do?

[Jordan Klepper]

Yeah, so I do think public information and education is a big part of this. I don't think that the Democratic Party is going to bleed on this. So I think we need to build a movement of people who understand what the Supreme Court is and how it has changed and how it is changing the country more concretely. You know, I actually believe in the power of talking shit and memes. That's part of why I'm here. But no, like, seriously, these guys are so triggered when they're criticized. And Elon Musk was basically shamed and name called out of the federal government. So sometimes that stuff works and I feel like we should try it here too.

[Michael Kosta]

Great. Wallace is available now. Leah Littman. We'll take a quick break. We'll be right back after. That's our show for tonight. Now here it is, your moment of Zen. Let's go back to this Musk Trump thing. This is a bromance that appears to perhaps be buckling a bit.

[Jordan Klepper]

This bromance seems to be coming to.

[Leah Lippman]

A bit of an end.

[Jordan Klepper]

Could it be, could the bromance be over?

[Michael Kosta]

A bromance turned a bro off.

[Jordan Klepper]

Is the bromance over now, politically speaking?

[Leah Lippman]

I think the probably the fun candlelight dinner part of the bromance is over. But they're still friends.

[Michael Kosta]

Explore more shows from the Daily show podcast universe by searching the Daily Show. Wherever you get your podcasts, watch the Daily show weeknights at 1110 Central on Comedy Central and stream full episodes anytime on Paramount plus.

[Leah Lippman]

Paramount Podcasts.

[Michael Kosta]

This is an I heart podcast.