It’s decision time for the U.S. Supreme Court, with 29 opinions expected to be delivered from the SCOTUS justices in the next few weeks. No major decisions (like Roe v. Wade for example) have been announced yet, but there is one case that Glenn says could ‘change everything.’ Glenn and Stu discuss the climate change case that centers on the EPA’s authority, and they explain how it could drastically alter the far-left’s current strategy to use powerful, federal agencies to bypass Congress.
Below is a rush transcript that may contain errors
GLENN: Welcome to the Glenn Beck Program. We are so glad you're here. It is Monday. And we have some Supreme Court hearings -- or, opinions come out. So far, nothing real controversial or real important. I mean, they're -- they're all important. It's just an honor to be nominated to be an opinion of the Supreme Court.
GLENN: But nothing that is controversial. That we know of. So far. Has the fourth one come down yet?
STU: Yeah. We have on an Alito opinion. Everybody get excited. It's in the Garland versus Gonzalez case. So not the Dobbs case, that would affect Roe vs. Wade. Which is kind of the Alito case we're looking for.
GLENN: So the Gonzalez case?
STU: Yeah. Huge one. So immigration law again.
GLENN: What was -- wait a minute. This was the immigration law one?
STU: Not the one about the remain in Mexico provision, which is one of the bigger cases that we're looking for in this session. However, it's not that one. We're getting multiple other unrelated immigration law decisions. Which, again, there's 29 of these. The American people, generally speaking, care -- care about maybe five or six of them. We talked about the abortion one. Which is obviously the biggest ticket. The gun -- the Second Amendment case, we talked about as well, which is another big ticket item. There's a big climate change one, decision that we expect here soon. Which is about whether the federal government. This is a big one. If you want to go back and listen to Glenn's interview with Mike Lee, you guys probably hit on this, certainly concept. I do remember that. But I don't know if you mentioned this one specifically. But basically, the idea is, do these administrative agencies get to make up all of these rules, or does Congress have to do it? And, of course, Congress has to do it. We've just developed this new policy, to say, what if Congress makes the decision? And they say, our decision is that the administrative hedge to make all these decisions for us. And that's the way our countries run right now.
GLENN: This is game-changing. If the Supreme Court comes out, it's my understanding, you know, we should have Mike Lee on every day this week. Just have him in reserve just in case. But it's my understanding that if the Supreme Court says they can't just fiddle with this. That laws have to be made by Congress. And I don't know how the constitutional Supreme Court wouldn't find that, seeing as though it actually says in the Constitution, those words. That Congress makes the laws. Not the administration. If that happens. That changes everything. Really, truly, everything.
STU: Yeah. It's like, you know, if somebody said -- you know, our overlords said, Stu, you have to make a decision. And I said, I will make the decision. And my decision is Glenn should decide. That is obviously not the --
GLENN: I've been in meetings. I believe I've been in meetings, where that has been happened.
STU: We're not -- we're not affected by the Constitution at this company. I can do whatever I want.
GLENN: We're not. Stu, I need a decision from you. My decision is, Glenn, that you are to make that decision. Oh, thank you. Okay. Good.
STU: I just learned from the government. But that's obviously a problem. And when it comes to climate in this particular case, it's about whether these administrations. Like the EPA can put all these restrictions on power plants, in -- en masse. Like, basically, oh, all these power plants have all this rule. Instead of actually regulating each individual one. This would be a huge knock in the way leftist activists would make changes based on their climate change theories. So that is a big one.
GLENN: And it -- yeah. It also would go to, for instance, can the CDC. Was it the CDC that just said, everybody has to wear masks. No. You don't have the right to do that. You don't make those kinds of laws. Was it the CDC? Or, which one?
STU: Technically, they didn't say that. They had a recommendation that said that. Because we are protected. Because we have a structure of government, that protects us from agencies making those sorts of regulations on their own. They can't just put a national regulation to enforce masks. If you go back and look at the details. Even of the shutdowns, Glenn. I mean, the shutdowns -- everybody remembers a shutdown as this big federal shutdown. They remember Donald Trump in front of the country saying, 15 days to slow the spread. Everybody remembers that press conference. But at no point, was there of law behind every state you need to shut down. And you remember states like -- like South Dakota. And Iowa. Not doing it. They didn't -- they didn't do that. A lot of people decided to stay home, on their own. But there was not a nationwide shutdown at any point during the pandemic. That actually didn't happen. And so that's because of the structure of our country. Right? That is foundational to why we've been a success. Because these states are able to do different things, whether we like them or not. And so the left would love this to be centralized. They just, of course, don't have that right.
GLENN: If you remember, however, when it comes to Obamacare, do you remember reading that? Because that's the one bill where I think we all read all 3,000 pages or whatever. Oh, my gosh. And do you remember how many times almost on every page, it said, the secretary shall make the laws or the rulings on X, Y, and Z.
GLENN: And the reason why Congress has done this, is because they want to go, it's not us. It's not us. We didn't make that law. I don't have any control over that law. And our Founders -- the one thing they did miss is they thought that human beings, because this is the way it normally works. Human beings would claw for power. And so they think and broke the powers up, between these three branches. Thinking, that they would never give away their power to the Supreme Court. Or to the administration. The administration would never give it to Congress or the Supreme Court. But they're all such weasels, that they don't want to actually do anything. They don't want to make any hard decisions. And so they're all like, yeah. Let some faceless, nameless bureaucrat, that's never been elected to dogcatcher. Let him make the decision. That way, we can go, I don't know who made that decision. That's weird. We didn't make it. It was somebody in the EPA. You'll never know their name. Okay. That's not the way it's supposed to work.
STU: Yeah. No. It's not. You're supposed to be able to hold people accountable for the terrible things that they do. This is something the government does all the time. Unfortunately, no matter what this ruling is, it will not unwind all that craziness. It will at least limit the environmental activist sort of agenda, on this approach. And that would -- that would be certainly positive. It does look like, we will not get the huge, big ticket cases, today.
GLENN: I wouldn't think we would.
STU: Yeah. It would have been very surprising, if we did get that. It does not look like -- it looks like there will be one more coming down. But it will not be one of the big ones. So I think we'll get more decisions on Wednesday this week. Who honestly would know though?
GLENN: Yeah. We do.
STU: I feel like they changed these rules every ten seconds. As you point out, in the case of Obamacare, which also broke in the middle of the show. Every news agency, reported that wrong, when that happened. If you were listening to any radio show. Any news broadcast. You thought initially Obamacare was completely overturned. And I -- we were the only ones who actually got that right when it happened. Because everybody was --
GLENN: We were like, wait a minute. Hold on just a second.
STU: Yeah. They skipped to the bottom. And looked at the names. And were like, okay. It must be this. And we went through that, as quick as possible, live on the air. And say, wait a minute. That's not what this says. Everybody is reporting, it got overturned. It didn't. The Medicare point of that, was kind of a false, you know, was a juke to one side. And everyone bought that. And wound up flat on their face that day.
GLENN: Well, also, I think we learned our lesson. If John Roberts wrote the decision. It doesn't mean it went for the conservatives. You better spend a lot of time, looking at every word, that he wrote. I just made the same mistake, kind of. I said, oh, it's Amy Coney Barrett. And so it must be for the -- the -- the conservatives. That's not always true. And that's what people do real quick, while they're on the air, like I did. But hopefully, she's pretty solid. John Roberts, I -- I mean, he's even -- is he anything other than a politician, at this point? I wouldn't call him a liberal. I wouldn't call him a conservative. I would call him a politician.
STU: It seems to be what he sees his job as. He sees his job as head PR operative for the Supreme Court. Like, how do we make people like us more? How do we keep our reputation strong? Well, how about just looking at the damn Constitution, and making an honest decision.
GLENN: Right. During the podcast with Mike Lee. We talked about that. And he said, John Roberts is a direct product of the FDR packing the courts. He said, the chief justice at the time, that was a constitutionalist. And was voting for the Constitution, he said, he suddenly started voting with the administration. And he was doing it, because he didn't want anymore attacks on the Supreme Court. He thought that that would hurt things. And that is exactly what, you know, he -- John Roberts is a legacy. He is sitting as the guy running the Supreme Court. And he feels his job is to make sure that nobody attacks the institution even more. And I will tell you, the way to get attacked, the way to discredit the institution, is to start veering from your path constitutionally. And that was the really big problem with -- with Obamacare's decision. He actually rewrote the law from the bench. The -- the best that the Supreme Court can do, is say, look, this is wrong. And if it was written this way, it wouldn't be. And then send it back to Congress. Basically telling them, wink, wink, nod, nod. You know, we -- we -- we can't pass this. But you can change this, this, and this. It's like, you know, you're turning in a test paper, and the teacher says, yeah. You know, if you just would have answer this had way on this question, this question, and this question. You would have had an A. You know, if you want to resubmit it, you could. That's what John Roberts did. No. I'm sorry. That's usually what they will do. John Roberts actually just changed the answers on the test. He just changed the law, and rewrote it. Absolutely unconstitutional. All right. Back in just a second, with more.