Verdict with Ted Cruz
Episode: Virginia is for Loving Liberal Policy, Tariffs on Trial at SCOTUS & Save America Act heads to the Senate – Week In Review
Date: February 14, 2026
Hosts: Senator Ted Cruz & Ben Ferguson
Main Theme
This episode provides a deep dive into three headline political topics:
- The shift in Virginia politics following a Democratic gubernatorial win and the implementation of progressive policies.
- The Supreme Court’s oral arguments regarding presidential tariffs power.
- The progress and political fight over the Save America Act, a Republican-led voter ID and citizenship verification measure.
The episode’s tone is combative, urgent, and heavily critical of Democratic strategies, particularly regarding elections and congressional power.
Major Discussion Points & Insights
1. Virginia: From "Moderate" to "Radical Left" Policies
(00:35–08:04)
- Backdrop:
Virginia’s newly elected Democratic Governor Abigail Spanberger, characterized as having campaigned as a moderate, is accused by Cruz and Ferguson of pushing a "radical left agenda" immediately after taking office. - Critique of Immigration Stance:
- Spanberger's decision to cut state cooperation with ICE is framed as endangering public safety, with multiple references to releasing “criminal illegal aliens” and dismissing cooperation with federal authorities.
- Redistricting Controversy:
- Cruz provides detailed math on new congressional maps:
- "Virginia just had a takeover of Democrats of the state legislature and the governor’s mansion. They redrew the map... designed to produce 10 Democrats and one Republican." (03:17)
- Cruz states that 47% of Virginians (Trump voters) will only get 9% of congressional seats under the new map:
- Quote (Ted Cruz, 04:10):
"47% of Virginians who voted for Trump, they are now going to get 9% of the congressional representation in the state. ... The Democrats get 91% of the congressional representation."
- Quote (Ted Cruz, 04:10):
- Cruz provides detailed math on new congressional maps:
- National Comparison:
- Cruz compares Virginia's redistricting to Texas and California’s own gerrymanders, but argues Virginia's is "far more brazen."
- Partisan Response:
- Cruz references backlash from a Democratic state senator:
- Quote (Ted Cruz, 05:45):
"...this left wing Democrat state senator came back ... and actually didn't even know about this until someone on my staff told me about it, but she responded by saying you all started it and we effing finished it. And by the way, she did not abbreviate effing." - Describes this as “richly ironic” considering Democratic rhetoric on loving democracy.
- Quote (Ted Cruz, 05:45):
- Cruz references backlash from a Democratic state senator:
- Spanberger’s Comments on Gerrymandering:
- Sample quote played (Abigail Spanberger, 06:48):
"...Republicans have to depend on redistricting and stealing votes and taking seats like they did in North Carolina and in order to actually be able to win elections..." - Ferguson and Cruz deride this as “liberal logic.”
- Sample quote played (Abigail Spanberger, 06:48):
Memorable Moment:
- Cruz’s critique of redistricting math and “Democrats care only about keeping themselves in power,” punctuated by a dismissive anecdote about the profane retort from a Democratic senator.
2. Tariffs on Trial at the Supreme Court
(09:38–22:26)
- Summary:
Review of Supreme Court oral arguments about the President’s authority to impose tariffs, focusing on constitutional limits, Congress’s taxation power vs. executive authority in foreign affairs, and possible impacts on U.S. businesses. - Personal Connection:
- Cruz discusses his friendship with Neil Katyal, lead plaintiff’s counsel and former Obama Solicitor General, stemming from their time clerking at the Supreme Court:
- Anecdote (Ted Cruz, 11:05):
"He took me to a vegetarian restaurant" ... "I'm a carnivore. But I kind of laughed. I was like, all right, Neil, well played."
- Anecdote (Ted Cruz, 11:05):
- Cruz discusses his friendship with Neil Katyal, lead plaintiff’s counsel and former Obama Solicitor General, stemming from their time clerking at the Supreme Court:
- Justices’ Positions (Key Quotes and Analysis):
- Chief Justice Roberts:
- Quote (paraphrased, 12:30):
"To have the President's foreign affairs power trump that basic power of Congress seems to me at least, to neutralize between the two powers, the executive power and the legislative power." - Framed as skeptical of broad executive power over tariffs.
- Quote (paraphrased, 12:30):
- Justice Kagan:
- Sees it as a non-delegation problem—does Congress give away too much taxing power?
- Quote (Justice Kagan, 14:15):
"...not with respect to tariffs, not with respect to quintessential taxing powers which are given by the Constitution to Congress." - Argued to be trying to appeal to conservative justices with constitutional principle framing.
- Justice Gorsuch:
- Sought a limiting principle; worried the President could use tariffs for any “foreign threat”:
- "If regulate importation includes tariffs, what stops the President from imposing them for any asserted foreign threat?" (Gorsuch, 16:37)
- Justice Barrett:
- Questioned if Congress needed to be explicit about granting tariff power; pressed for statutory limits.
- Justice Thomas:
- Focused on originalist, historical lens:
- Quote (paraphrased, 18:30):
"At the founding, was there a sharp distinction between regulating imports and imposing duties on them?"
- Quote (paraphrased, 18:30):
- Focused on originalist, historical lens:
- Justice Alito:
- Practical focus on consequences and remedies if authority is struck down:
- Quote (paraphrased, 19:30):
"If we accept your position, what happens to all the tariffs that have already been collected?"
- Quote (paraphrased, 19:30):
- Practical focus on consequences and remedies if authority is struck down:
- Chief Justice Roberts:
- Prediction Time:
- Cruz predicts a 6-3 or 5-4 ruling upholding the tariffs as an executive power, with Roberts writing the majority:
- Quote (Ted Cruz, 21:16):
"I’m going to predict that Chief Justice Roberts votes to uphold the tariffs and I’m going to predict that he writes the majority opinion ... That is my prediction. And you will end up with a majority that consists of Chief Justice Roberts writing the majority opinion, Thomas and Alito and Kavanaugh, and either Barrett or Gorsuch." - Cites Roberts’ “institutionalist” streak and comparison to the Affordable Care Act ruling.
- Quote (Ted Cruz, 21:16):
- Cruz predicts a 6-3 or 5-4 ruling upholding the tariffs as an executive power, with Roberts writing the majority:
Memorable Moment:
- Cruz’s recollection of a friendly Supreme Court bet with Neil Katyal and the vegetarian dinner—humanizing the political rivalry.
3. Save America Act: Voter ID & Citizenship Fight Moves to Senate
(24:10–32:06)
- Legislative Update:
- The House passed the Save America Act with only one Democratic vote in support.
- Quote (Ted Cruz, 24:32):
"The Save America Act requires proof of U.S. citizenship to register to vote and it requires a photo ID to vote. It’s a very simple, straightforward, common sense bill."
- Quote (Ted Cruz, 24:32):
- Cruz is pushing for a forceful Senate effort to pass the bill, advocating exhausting every procedural tool.
- The House passed the Save America Act with only one Democratic vote in support.
- Strategy Against Filibuster:
- Cruz calls to “nuke” the “zombie filibuster” by reverting to a talking filibuster, forcing Democrats to physically speak and delay.
- Quote (Ted Cruz, 25:20):
"We should use the procedural rules to force the Democrats to do a talking filibuster and force them to keep talking and talking and talking. And when they can’t talk anymore, then we should pass the Save America Act."
- Quote (Ted Cruz, 25:20):
- Explains the difference between reverting to a talking filibuster (using current rules) and breaking the rules to change Senate procedural precedents, as Harry Reid did for nominations.
- Cruz calls to “nuke” the “zombie filibuster” by reverting to a talking filibuster, forcing Democrats to physically speak and delay.
- Risks and Obstacles:
- Notes 50 Republican senators would have to be physically present and united for days or even weeks—calls it a serious test of will.
- Why Not Scrap Filibuster Entirely?:
- Cruz warns against changing filibuster rules outright by citing all the progressive priorities it would let Democrats rush through (D.C./Puerto Rico statehood, mass citizenship, Supreme Court packing).
- Quote (Ted Cruz, 30:15):
"If the Democrats had succeeded in nuking the filibuster ... they would have passed legislation ... making D.C. and Puerto Rico both states and electing four new Democrat senators ... making every illegal alien in America a U.S. citizen ... packed the U.S. Supreme Court and added four left wing justices immediately to it. I think that would have been, I don’t want to be hyperbolic, but ... essentially the end of the republic."
- Quote (Ted Cruz, 30:15):
- Cruz warns against changing filibuster rules outright by citing all the progressive priorities it would let Democrats rush through (D.C./Puerto Rico statehood, mass citizenship, Supreme Court packing).
- Polling Claims:
- Ferguson and Cruz repeatedly stress broad public support for photo ID—across racial groups and even among Democrat voters.
- Quote (Ted Cruz, 31:39):
"70, 80% of Americans agree with photo ID for voting. More than 70% of African Americans agree with it. More than 70% of Hispanics agree with it. More than 70 percent of Democrat voters agree with it."
- Quote (Ted Cruz, 31:39):
- Ferguson and Cruz repeatedly stress broad public support for photo ID—across racial groups and even among Democrat voters.
Notable Quotes with Attribution & Timestamps
- On Virginia Redistricting:
- Ted Cruz (04:10): “47% of Virginians who voted for Trump, they are now going to get 9% of the congressional representation in the state ... The Democrats get 91%.”
- On Democratic Partisanship:
- Ted Cruz (05:45): “...this left wing Democrat state senator ... responded by saying you all started it and we effing finished it. And by the way, she did not abbreviate effing.”
- On SCOTUS Tariff Case:
- Chief Justice Roberts, paraphrased by Ted Cruz (12:30): “To have the President's foreign affairs power trump that basic power of Congress seems to me at least, to neutralize between the two powers, the executive power and the legislative power.”
- Justice Kagan, paraphrased by Ted Cruz (14:15): "Not with respect to tariffs, not with respect to quintessential taxing powers which are given by the Constitution to Congress."
- On Save America Act Procedural Fight:
- Ted Cruz (25:20): “We should use the procedural rules to force the Democrats to do a talking filibuster and force them to keep talking ... When they can’t talk anymore, then we should pass the Save America Act.”
- Ted Cruz (30:15): "If the Democrats had succeeded in nuking the filibuster ... I think that would have been ... essentially the end of the republic."
- On Photo ID Popularity:
- Ted Cruz (31:39): "70, 80% of Americans agree with photo ID for voting ... More than 70 percent of Democrat voters agree with it."
Timestamps for Important Segments
- 00:35–08:04: Virginia politics and redistricting/gerrymandering
- 09:38–22:26: Supreme Court debate on tariffs, constitutional powers, and Cruz’s prediction
- 24:10–32:06: Save America Act, filibuster fight, and the politics of voter integrity
Tone & Style
The language is direct, adversarial, and laced with anecdotes, stats, and rhetorical flourishes.
Cruz and Ferguson present themselves as defending democracy, constitutionalism, and “common sense,” while depicting Democratic moves as cynical power grabs.
Useful for New Listeners
This summary equips unfamiliar listeners with:
- The full arc of the episode
- The key data, arguments, and rhetorical points
- A sense of Cruz’s and Ferguson’s political style
- Direct quotes that illustrate both substance and tone
- Clear structure for navigating further if they wish to listen to deep dives on any segment
