Supreme Court Decisions Signal Shift Away from Liberal Activism

On July 11, 2022, Kim Monson welcomed constitutional expert Rob Natelson and Institute for Policy Innovation resident scholar Merrill Matthews to examine the seismic shifts occurring at the Supreme Court and the political consequences of progressive energy policies.

Why the Supreme Court Is Not Conservative

Start listening at 14:23 – Hour 1

Rob Natelson challenges the media narrative that labels the current Supreme Court as conservative. The former constitutional law professor argues that requiring the EPA to obtain congressional authorization before remaking the energy sector represents mainstream judicial philosophy, not conservative activism. Natelson points to the West Virginia v. EPA decision, where the court simply required the agency to demonstrate clear statutory authority before imposing sweeping changes to how power is generated in America.

Natelson explains that the court comprises justices following varied philosophies, from Justice Thomas’s strong originalism to the judicial minimalism of Kavanaugh and Roberts. He notes the last true conservative activist left the court in 1941. When the media calls decisions conservative, they really mean the court is no longer rubber-stamping progressive policy preferences.

“If you’re going to make a major change like that, you’ve got to point to statutory authority. And it’s got to be pretty clear that Congress authorized you to do that.”

Rob Natelson, Constitutional Scholar

The Factual Error Behind Roe v. Wade

Start listening at 44:00 – Hour 1

Rob Natelson reveals information largely absent from mainstream coverage: Roe v. Wade was overturned because it rested on a demonstrable factual error. The 1973 court claimed abortion rights were deeply embedded in American tradition, but historical research proved otherwise. When the Fourteenth Amendment was ratified in 1868, abortion beyond a certain stage was illegal everywhere, and completely illegal in about two-thirds of states.

Natelson addresses why Democrats are fighting to keep abortion a national issue rather than accepting the return of this question to states. He argues progressives have used the abortion issue for decades to solidify their political base, and moving it to state level represents a significant political loss. State-level decisions will encourage compromise and healing rather than perpetuating national division.

“If people were told why Roe versus Wade was reversed, they might be a little less incredulous and a little less angry.”

Rob Natelson, Constitutional Scholar

Green New Deal Faces Political Death

Start listening at 70:46 – Hour 2

Merrill Matthews delivers a political eulogy for the Green New Deal in his characteristically dry style. The resident scholar with the Institute for Policy Innovation notes that high gasoline prices have exposed the fatal flaw in progressive energy policy: Americans say they support clean energy until they experience the real costs. The 14-page resolution introduced by Alexandria Ocasio-Cortez and Senator Markey never actually passed the Senate.

Matthews explains that the West Virginia v. EPA decision strips federal agencies of assumed powers to remake the energy sector without explicit congressional authorization. This returns significant authority to states and forces policy changes through the democratic process. He connects energy policy failures in Germany, where citizens face rationed hot water and dimmed streetlights, to what could happen in America if current policies continue unchecked.

“The Supreme Court said you’re not allowed as a federal agency to take on these huge new powers, that you don’t have explicit authority to do so under Congress.”

Merrill Matthews, Institute for Policy Innovation

Medical Freedom Under Attack in Colorado

Start listening at 65:00 – Hour 2

Matt Dark from Roots Medical sounds the alarm on concerning developments from the Colorado Department of Regulatory Agencies (DORA). The agency has begun collecting patient charts from doctors who prescribed early COVID-19 treatments including ivermectin and hydroxychloroquine. Dark warns this represents a regulatory fishing expedition that could result in disciplinary action against providers who offered alternatives to standard protocols.

Dark notes DORA does not follow HIPAA rules and operates with significant latitude to access private medical information. He emphasizes that despite this regulatory pressure, COVID-19 has evolved into a mild strain responsive to treatment, with hospitalizations for COVID essentially over. Roots Medical continues serving patients seeking comprehensive primary healthcare with specialties in hormones, thyroid issues, gut health, and COVID recovery.

“DORA who does not play by hippo rules does not play by anything. They just kind of like the IRS, take what they want.”

Matt Dark, Roots Medical