Tuesday, May 12th, 2026 Today, the Supreme Court green-lights an 11th-hour Alabama redistricting plan for the 2026 election; Virginia Democrats back off plans to circumvent the state Supreme Court ruling on redistricting, instead filing an appeal to the US Supreme Court; Samuel Alito cited fake data in his Voting Rights Act opinion; a third federal appeals court rejects the Trump administration's mandatory detention push; Hegseth continues his vendetta against Senator Mark Kelly over military comments; an appeals court allows lawmakers to inspect ICE detention centers unannounced; the Supreme Court extends its pause on a block of mifepristone; a Black Hills drilling project has been canceled after tribal backlash; and Allison and Dana deliver your Good News.
Tuesday, May 12th, 2026
Today, the Supreme Court green-lights an 11th-hour Alabama redistricting plan for the 2026 election; Virginia Democrats back off plans to circumvent the state Supreme Court ruling on redistricting, instead filing an appeal to the US Supreme Court; Samuel Alito cited fake data in his Voting Rights Act opinion; a third federal appeals court rejects the Trump administration's mandatory detention push; Hegseth continues his vendetta against Senator Mark Kelly over military comments; an appeals court allows lawmakers to inspect ICE detention centers unannounced; the Supreme Court extends its pause on a block of mifepristone; a Black Hills drilling project has been canceled after tribal backlash; and Allison and Dana deliver your Good News.
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msw media. Hello and welcome to the Daily beans for Tuesday, May 12, 2026. Today, the Supreme Court greenlights an 11th hour Alabama redistricting plan for 2026 election. Virginia Democrats back off plans to circumvent the state Supreme Court ruling on redistricting, instead filing an appeal to the US Supreme Court. Samuel Alito cited fake data in his Voting Rights act opinion. A third federal appeals court rejects the Trump administration's mandatory detention push. Hegseth continues his vendetta against Senator Mark Kelly over military comments. An appeals court allows lawmakers to inspect ICE detention centers unannounced. The Supreme Court extends its pause on a block of mifepristone. And a Black Hill drilling project has been canceled after tribal backlash. I'm Allison Gill.
And I'm Dana Goldberg.
Welcome back, my friend.
Thank you for covering me. I had the best time at the Dallas show. That audience, for those of you that are listening to this and the beans people that were there, it was at least half the crowd and it was just fire. I mean, from the moment the openers and the feature went on stage, it was such a, you know, these audiences that are just so generous and just there to have fun and joyful and it was affirming and lovely. I do have a call. it's not a call to action. I feel awful. One of my Beans listeners, and I know you're listening because you're obviously listening all the time. You and your partner gave me crocheted otters, and I was so excited when you handed them to me. I know I hugged you, but then I blacked out and I did not get your name. So write in like you would a good news story. I just want to know who you are so I can send you a personal thank you and know your name and your partner's name. Truly two of my favorite little, little guys, and I love them. You're incredibly talented. So thank you.
Yeah, you. I saw the picture that you posted of the otters on social media. Oh, my God. Yeah. Just amazing. let's see. Today we're going to talk to the congressman who introduced a resolution for a constitutional amendment for Supreme Court term limits. His name is Johnny Olshesky. He represents Maryland's second District. Couple of, quick hits here. A divided panel of the sixth Circuit Court of Appeals rejected Trump's mass detention policy. This is the latest victory for immigra advocates on a, likely march to the Supreme Court. The ruling follows similar victories in the 11th Circuit and the New York based 2nd Circuit. Now two appeals courts, the 5th and the 8th, have sided with the Trump administration. And the 7th Circuit is deadlocked on the issue 1 to 1 to 1. So it actually two of those three judges did side with indefinite detention. So it's kind of a win there. But the fact that we've got now five appeals courts or six weighing in and they're split on this means that the Supreme Court's going to have to decide this issue.
Oh, boy. All right, thanks AG And a federal appeals court on Friday required the Trump administration to continue allowing lawmakers to inspect immigration detention facilities without advance notice. So this is a little bit of a win. Ruling unanimously that the impromptu visits posed minimal problems for the government.
Well, problems if they don't want to look like complete and total fascist assholes.
The decision by the three judge panel of the Court of Appeals for the District of Columbia Circuit, it preserved for now the ability for Democrats in Congress to make unannounced visits to detention centers and check on the conditions inside.
Right. Because basically what happened is Trump set up a rule that says you have to give me a seven day notice before you show up to inspect. And they sued and they keep winning, so that's good. The Supreme Court on Monday maintained full access to the abortion pill mifepristone while it continues to mull how to rule in a case that could limit availability of the drug by mail. Actually totally get rid of it. The court on the 4th of May, via, an order issued by Sam Alito, had provisionally blocked a lower court decision that would have prevented the pill from being administered by mail. So, you know, Alito put the pause on the pause a couple of minutes before it was gonna expire. He extended the pause. So got it. That's what we're doing.
All right. And SCOTUS has allowed Alabama to select a different map for this year's congressional elections in a stunning last minute move to interfere with another state primary election that had already begun. Now, the order means that Alabama will discard its court ordered congressional map court ordered for the 2026 primary elections and use a 2023 map that courts previously struck down as a violation under section 2 of the Voting Rights act, which is now gone because of this fucking Supreme Court.
Yeah. And you gotta wonder, I remember last December when the Democrats sued in Texas, right?
Saying, hey, there's this new, Republican map with adding five seats or whatever. It's too close to our elections.
Yeah.
And the Supreme Court said, no, it's actually too close to go back to the Old map. It's too late. Yeah. And that it was too late in December, but now they're allowing it to happen in Alabama for the Republicans when voting is already underway.
It's such bullshit. I mean, it is so obvious at this point where they're leaning and they're not even following any precedent when they're making these decisions.
No. So remember, you know what, six months ago when I said, oh, let's see how consistent the Supreme Court is about saying it's too late, we're seeing it. To change your maps. They're doing it in the fucking middle of voting.
Yeah.
Oh my God. All right. That is just a horrific. And it's going to keep happening too, all across the south, by the way, because of the gutting of the Voting Rights Act. So we'll keep an eye on that for you. We have a lot of news to get to today, so let's hit the hot notes. hot notes. Okay. First up from Greg Sargent at tnr, top Virginia Democrats have decided against exercising a controversial procedural end run around last week's state Supreme Court ruling that struck down their redistricting which wiped away a gain of four House seats. The Democratic leader of the Senate told the New Republic. The decision, which nixes a complicated idea discussed over the weekend by Democrats and Hakeem Jeffries, Virginia Democrats and Hakeem Jeffries to replace the state Supreme Court and get the case reheard, is likely to anger rank and file Democrats who had hoped the party would respond aggressively to the ruling, which has made it more likely that Republicans hold the House this fall. I am one of those rank and file Democrats who is likely to anger. The decision also contrasts sharply with moves undertaken by many Republican state legislatures in the south who are aggressively gerrymandering their states with wild abandon to erase decades old majority majority seats from existence after the US Supreme Court struck down a key Voting Rights act protection against racial gerrymanders, quote. As a practical matter, this is Virginia State Senate Majority Leader Scott Surovel in an interview. As a practical matter, the move would not be capable of being implemented given the time frame. They're already voting in Alabama.
Nup. Fuck.
The decision effectively kills off hopes of getting back the four House seats the Democrats had moved into their column by pulling off a victory in last month's referendum which redrew the state's House map. Last week, the state Supreme Court struck down the new map, wiping away that potential four seat gain. But over the weekend, Democrats were heartened by an idea floated by the down ballot. That's a like a substack thing that could potentially save those seats. The idea was that the Virginia legislature and governor could lower the retirement age of the state Supreme Court judges to remove them all and replace them with new judges and then get the court to rehear the case and decide in their favor. Restoring the lost map Yet Surovel insisted in an interview with the New Republic that the plan is unworkable. He cited a May 12 deadline set by the state Department of Elections for having congressional maps entered into the state's election system. That's necessary in order to be prepared for the congressional primaries set for August 1st.
Jesus.
The primaries are August 1st and we don't have enough time. But again, we have a couple of states, Louisiana and Alabama, who've already started
voting, tens of thousands.
So early voting starts in mid June. For Virginia, that's plenty of time. That May 12 deadline would not leave enough time to execute the end run, Surovel said. And the tactic would involve state legislative votes lowering the retirement for judges, followed by a new hearing. Now, in a revelation that will dismay a lot of Democrats, the problem appears to be that voting systems have not been updated recently enough to make fast entry for the new maps possible. It's currently being updated, but it's not done. If this ends up costing Democrats the House, which is unlikely but not impossible, the recriminations will be severe. Yeah, I'll be pretty pissed, suraville said the practical considerations weren't the only thing motivating the decision to be a bunch of pussies. No, sorry. Pussies have warmth and depth.
Yes they do.
And they're very useful to be a bunch of snowflakes. Actually, the article says it's not the only thing motivating the decision not to exercise the retirement age tactic. Quote, wiping out the entire Supreme Court is an incredibly extreme step to take over a decision you don't like to just okay, all right. This is Greg Sargent saying when I pointed out that the President of the United States has commanded multiple GOP states to maximally gerrymander precisely in order to hold power while his approval rating hovers in the 30s and itself a rather extreme move. Surivel acknowledged that point, but he added that Democrats had successfully passed a hard fought referendum to redraw the map under fast moving circumstances. We went through this referendum to try to protect American democracy. Okay, but now you're just going to give it up?
Still, many Democrats will look at this situation and note that Republicans keep finding ways around procedural obstacles while Democrats keep getting stymied by them. Instead, Democratic leaders in Virginia asked the Supreme Court Monday to allow the state to use the congressional map voted on by Democrats in the April referendum. They claim the state Supreme Court is wrong on federal law in two instances. Specifically, the state Supreme Court's definition of election is violative of the federal law's definition of election and the justiciability, the ability of the court to review a state legislature's constitutional right to determine election law. So they are, you know, I don't think these count as federal things that be heard by the Supreme Court. I don't think they'll hear this. But that's what they're going to try. They're going to try to go to the Supreme Court, who just gutted voting rights instead of, I don't know, just using the legal theory that this map is good and the courts can't tell us what to do and use it anyway. Yeah.
And speaking of voting rights being gutted by this fucking Supreme Court, this one's from Democracy docket. It seems as SCOTUS Justice Samuel Alito leaned in on an erroneous claim that black voter turnout now tops white voter turnout in his Calais. Am I saying that right? Calais versus Louisiana?
It might be. I haven't heard it actually said out loud. I've only read it. So it's either Calais or Calais.
Okay, we're gonna try Calais. Oh, it might be Calais since it's Louisiana. But we'll see. We'll say Calais. Calais versus Louisiana Ruling that gutted the Voting Rights Act. That report is from the Guardian. Alito wrote in the ruling that and I quote, present day intentional racial discrimin discrimination must now be proven in claims that state congressional maps rob minorities of opportunities to vote for their preferred candidates. He further claimed that the black voters now have higher voter turnout rates than white voters, in his opinion that the Voting Rights act no longer needs to correct for historic voter suppression and obstruction against minorities. However, the Guardian found that Alito was relying on a faulty data mythology to arrive at that conclusion instead of comparing the turnout rates of those actually eligible to vote. Alito, and I'm sure this was intentional, based his analysis on the total population over the voting age of 18, regardless of voter eligibility. Now, the DOJ approach is misleading and this is a quote because they're including ineligible voters in the denominator. This is from University of Florida voting expert Michael McDonald. That's what he told the Guardian. Michael said if I wanted to manipulate the numbers in a way that was favorable to the government's interest, I would be using voting age population. Alito wrote in his ruling that, and I quote, black voters now participate in elections at similar rates as the rest of the electorate, even turning out at higher rates when white voters in two of the five most recent presidential elections nationwide and in Louisiana. When using total voting age population numbers in Louisiana, it shows that black voter turnout edged white voters in the 2016 election 60.9 to 60.8. However, when controlling for those ineligible to vote due to incarceration, felony status, lack of citizenship, or because they aren't registered, white turnout exceeds black turnout by a much wider margin. The U.S. department of justice also argued that racial turnout rates have reached parity in its amicus brief for Calais in support of gutting the Voting Rights Act. Here's Another quote. Roughly 60 years after Section 2's enactment and 40 years after the results tests adoption, there is no adequate justification for nationwide race predominant districting, let alone as a means to enforce the right to vote free from racial discrimination. This is what the brief reads goes on to say. As this court has observed, by 2004 the racial gap in voter registration and turnout had largely disappeared, with minorities registering and voting at levels that sometimes surpass the majority.
I don't get this argument at all because they're not arguing that a lot of black people aren't voting. They're arguing that they're redlined into certain areas and then divided up and diluted.
I don't know why there wasn't more focus on that in the argument. I'm assuming there was, so I don't know. I'm sure they're choosing to focus on this part. Alito appears to have embraced this logic. However, the reality, at least the last 10 years, paints a very different picture. Like you were saying, Allison, there was a brief moment in 2012 when Black voted voter rates leapt white rates, largely driven by the historic campaign for Barack Obama. Okay, so. However, in the years afterward, and notably since Skoda struck down a different section of the Voting Rights act in 2013 Shelby county case, the racial gap in turnout rates has consistently widened in favor of white voters. The Bredin center for justice found that the gap between black and white voters turnout, it grew from 2012 to 2020, even when accounting for socioeconomics in the region with some of the most pronounced gaps found in the south, of course, were black voters where they're concentrated and I quote wider now than at any point in the last past 16 years. The gap cost millions of voters from Americans of color all around the country. This is from Brennan. This Is the report goes on to say, perhaps most worrisome of all, the gap is growing most quickly in parts of the country that were previously covered under pre clearance regime of the 1965 Voting Rights act until the disastrous Shelby county ruling. Meanwhile, the Union of Concerned Scientists found similar pervasive racial turnout gaps when examining several counties and battleground states and battleground states from the more recent 2020 and 2024 elections. And I quote, in the 2020 election, majority white precincts had an average of about 79% registered turnout, while majority black about 61% and majority Hispanic about 58% had considerably lower registered turnout. In 2024, we found a similar pattern. Majority white precincts had an average registered turnout rate of about 75%, while majority black and majority Hispanic precincts had average registered turnout rates around 55 and 53% respectively. The USC found similar disparities in these counties even when just accounting for the overall voting age population.
So in order to say that there's no more racism because black people are actually voting, a used fake numbers to say that the turnout was actually higher in a lot of cases and intentionally
what you said they're allowed to vote, they're in voting, but we're not giving them people that they want to vote for because they're getting redlined and gerrymandered out of people that are actually representing their interests.
Wow. Wow. All right, next up from abc, Pete Hegseth, our good old buddy Keg stand said the Pentagon will review whether Senator Mark Kelly improperly disclosed classified information when the Arizona Democrat and retired Navy captain raised concerns about the strain the war with Iran has placed on US Weapons stockpiles. Hegseth in a social media post Sunday evening blasted Kelly for quote, blabbing on TV after the senator was it in a signal chat, sir? After the Senator appeared on CBS's Face the Nation that morning and discussed strains on the Pentagon's ammunition inventory, quote Captain Mark Kelly strikes again. He this is what Hegseth posted. Now he's blabbing on TV falsely and dumbly about classified Pentagon briefing he received. Did he violate his oath again? Department of War legal counsel will review. During a CBS interview, Kelly pointed out, by the way, the freaking Trump during the Biden administration to to counter us sending weapons and ammunition to Ukraine. Talked about the stockpiles all the time. Oh my goodness. All right. Now during the CBS interview, Kelly pointed to a recent open door Pentagon briefing to Congress. Open door, which he says outlined that US stockpiles of key munitions, including Tomahawks and ATACMS missiles are being rapidly depleted amid the war with Iran. Pentagon review of Kelly's comments would mark the second time Hegseth has sought to punish him, the first being after Kelly and several other Democratic military and intelligence service veterans posted a video advising troops not to follow illegal orders. Hegseth sought to demote Kelly, which would reduce his military pension. Following Hegseth's threat, Kelly responded on social media showing a clip from last week's Senate Armed Services Committee hearing in which Hegseth is shown saying that it's going to take years to replenish stockpiles to pre war levels. So you said it with your mouth, drunk man. Oh my goodness.
All right. From abc A South Dakota mining company has canceled a drilling project in the Black Hills after opposition from Native American tribes and local groups. In a letter provided Friday by indigenous advocacy group NDN Collective, Rapid City based Pete Leon and Sons told the United States Forest Service on Thursday it's withdrawing its plan of operations for a graphite drilling project. It doesn't intend to file another plan for this project. And letter said groups opposed the project because of its proximity to sacred site called my apologize pisle and it pleases them into correction if that's incorrect. A meadow in the Black Hills where Sioux tribes hold ceremonies and pray throughout the year. The land is also used for buffalo grazing. Nine tribes in South Dakota, North Dakota and Nebraska filed a lawsuit against the Forest Service over the project, alleging violations of the National Historical Preservation act and National Environmental Protection act for granting permits without an environmental review. There also was a lawsuit filed by NDN Collective and environmental groups that argued the Forest Service should not have exempted the project from an environmental review because it did not meet the requirements for categorical exclusion. In that case, a temporary restraining order granted against Pete Lien and Sons on Monday prohibited the drilling operation for two weeks. In a statement, Indian Collective said, and I quote, today's win is multifaceted and it offers a blueprint for future land defense fights. Love it. Yeah, me too.
Love it. So gross what they're doing. And remember, I mean we just talked about the other day Trump like, like bulldozed a thousand year old like etching in the ground a sacred tribal site just bulldozed right the over it.
Yeah.
Anyway, thank you for that. That's a little bit of good news. We need more good news. Send it to us dailybeanspod.com click on contact. We'll be right back with Representative Olshewski from Maryland's second District to talk about his resolution to amend the Constitution to have Supreme Court justice term limits of 18 years. Stick around. We'll be right back after these messages. We'll be right back. Hey everybody, it's Ag. Have you heard that Fast Growing Trees is America's largest and most trusted online nursery with thousands of trees and plants and more than 2 million happy customers. That's what got my attention because I love the idea of getting local nursery feels without spending my entire weekend driving around town and hoping for the best plants, that probably have already been sold out and then getting dirt in my trunk and everything. It's incredible. Fast growing trees seem to have pretty much everything. 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And every time I use it, I, like that I'm doing something that's meant to support collagen, strengthen my skin barrier, and help my skin repair itself, not just temporarily. Dress it up now. Born from over a decade of longevity research, OneSkin's OS1 peptide is proven to target the visible signs of aging, helping you unlock the healthiest skin. Now, as you age, for a limited time, try OneSkin with 15% off using code DAILYBEANS at OneSkin co. DailyBEANS, that's 15% off. OneSkin co with code DAILYBEANS. After your purchase, they'll ask you where you heard about them. Please support our show and tell them we sent you. All right, everybody, welcome back. I'm really excited today because we've been talking a lot on the daily beans recently especially, but since 2020 about Supreme Court reform, whether it's ethics or term limits or maybe adding seats. but basically the general idea is that if we. And if and when I should say we do get Congress back and we do get a Democratic president in the White House, we start passing bills and signing bills. Everything has to go up through the street. Supreme Court, and they have made it clear that they are totally happy with lawlessly gutting some of our more precious laws, even in the face of stare decisis. And so we've been talking about ways to reform the court and how to do it. And joining me today is a, congressional representative from Maryland's second district who's introduced a constitutional amendment, a resolution to amend the Constitution that would establish term limits for Supreme Court justices. It's called the Robe act, the Reform of bench eligibility Act. Love that. And it would establish 18 year term limits for justices. So please welcome Congressman Johnny Olschewski. Hi, Johnny. Oh, I'VE been told to call you.
That's right. Hey, Alison, thanks for having me.
It's so great to talk to you because I want to put all of the options on the table here. And your option, tell us about this resolution that you've introduced to Congress.
Yeah, well, I'll start just by saying I think your introduction was spot on. We need all sorts of responses here. Ethics reform, term limitations, we need to address the shadow docket and the abuses there. I mean, the list goes on and on. But, we were proud to put in the robact, a great acronym, which is very straightforward. It's a constitutional amendment that would limit justices to 18 years. It is retroactive, so it would apply to any justice that has been on the court for 18 years already or more, including the second longest serving justice and someone who is, has, I think, wrote some awful decisions for our country, Clarence Thomas. but really this is about the structural change. And so this is a very straightforward amendment. what we've seen is not only, from my perspective, the elimination of decades of precedence, and some terrible decisions, whether it's taking away women's reproductive rights or really upending campaign finance through Citizens United. The list goes on and on, gutting the VRA most reproductive recently. But I think there's more of a structural issue with the Supreme Court when you think about some of the ethics concerns. You've got Supreme Court Justices hobnobbing with the President at state dinners. You have Supreme Court Justices taking lavish trips and getting gifts from billionaire buddies while also having business before the Court. So I think really all of that, in addition to the ways in which these appointments have become politically motivated, people are timing their retirements around that. That, Merrick Garland's appointment, was held for nine months by Mitch M. McConnell, but then he was willing to rush through Amy Comey Barrett during early voting. just really speaks to, I think, having more predictability and consistency. And that's what that amendment does.
Okay, and tell us why. Because I've laid out my plan. However, I'm not a historical scholar, nor am I a con law expert. My plan includes senior status, 18 year term limits, and do it through the legislative process as opposed to a constitutional amendment. And the reason I do it that way for me personally, is because I know how difficult it is to get a constitutional amendment to amend the Constitution. Can you talk a little bit about, first of all, the process required to amend the Constitution?
Yeah, I mean, I will say I think all of the conversation here is speaking to an overwhelming sense of people want to see these reforms, however they're implemented. Obviously, statute is a much more straightforward approach. A constitutional amendment requires two thirds of both the House and the Senate to affirmatively pass the legislation, and then 3/5 of all state legislatures have to then ratify it as well. So it is a fairly high bar. I think this is too important not to try. And I will say my concern about the alternative approach, where 18 years later, those justices would become senior associates on the Court. My concern there is that actually the Court will do what it's done everywhere else and actually invalidate that action of Congress. so I think it's worthy of consideration. I think it's important to have the conversation. But really, a constitutional amendment, for me is a clear, definitive way that there is no interpreting the Constitution, because the Constitution itself will have been changed.
Right. So, the way that I kind of see this is like, yes and not, but. Or like, sure, if you want to try it that route with the senior status thing, Allison, you go right ahead. We'll see if it survives Supreme Court scrutiny or even the shadow docket in the interim. But why not, also on a parallel track, start a constitutional amendment process that would, as you say, unequivocally add term limits to the Supreme Court? Now, would your term limits. Because it's amending the Constitution, would it even, like, don't even mess with senior status. Just make it a term limit.
18 years. Yeah. And it is specifically retroactive in the language itself. So it would be 18 years, and then you were off the court. it changes the lifetime appointment. You know, we are one of the only democracies in the world that give our justices lifetime stature. Every other democracy that has justices review and uphold the democratic institutions through the judicial system do not have that. There's only one state in the country, Rhode island, that has lifetime statures. And so, in addition to, like, these two, My reform that. Your. Your plan for the. The congressional legislation we're also talking about, we need a code of ethics that's enforceable. they have a code, but the reality is, if they break it, they're the ones who are responsible for enforcing it.
Yeah, that's. That's the other thing that. That, you know, I was like, oh, oh, you're gonna police yourselves? Kind of like when Pam Bondi wants the DOJ to investigate all Bar association complaints against Department of Justice lawyers. Like, sure, the old trust me, bro concept that fails spectacularly again and again. But I think it's so important that you Apply it to the current bench currently there at this moment, I believe there are three justices who've been there 18 years, John Roberts, Alito and Thomas, who are responsible for most of the destruction of the civilized, society. Trying to move forward. But, yeah, talk a little bit more about that other option that you were just.
Well, that's. I mean, that's just it, though, you know. Right. Like, like this is a court that is responsible for some of the most consequential and in many cases, negative impacts on our country. But they are completely unaccountable. There is no mechanism through which we can hold these Justices accountable currently. And so I think here, looking at things like age limits, looking at ethics reforms, there's all sorts of ways that we should be looking to keep this bench in check. It's small wonder that 78% of Americans support term limits. Only 22% of Americans have confidence in the Supreme Court. I think that is very telling. This is supposed to be, as Hamilton called it, the least dangerous branch of all governments. And so, 250 years later into the founding of our country, we're very far, way away from what our founders envisioned. And so I think what we're putting forward with the ROEB act, what you're pushing, what others have suggested, I think it all has to be part of the conversation because it gets that fundamental trust of upholding the democratic norms and institutions. And I feel like in many ways we're actually working against it. And so not only having Americans weigh in in November and hopefully put in a Congress who wants to step forward on things like banning stock trading and holding ourselves accountable, too, but also making sure that our judiciary branch is doing its job and upholding and defending democracy.
Yeah, super, super important when it gets too much power to allow the executive to have too much power. Kind of like what I've been saying for a long time. I never thought that the leopards would eat my judiciary. Now, one other quick question. What about jurisdiction stripping? I hear some people talk about that as a possibility where, like, let's say you passed a new Voting Rights Act, John Lewis Voting Rights act, or the old HR1 we the People act, that you can strip the Supreme Court of jurisdiction to hear voting rights cases. What are your thoughts on that sort of way to go?
I would want to learn more about that. I don't profess to be a constitutional scholar, although I did teach. I do feel a little bit like a living history teacher in the Congress now. I was a high school, civics teacher before getting into Politics. So I would want to talk to folks who are experts in that. I think, again, my concern with this court is that it would go back to, if given the opportunity, through the shadow docket or through a full proceeding, that this court may overturn anything that restricts its ability through statute. And I think that's wrong. But I would not be surprised to see the court do that, because they've proven time and time again that whatever the conservatives on the court hear from the president in terms of what they want done, the same conservatives who showed up to the state dinner with the King of England, rubbing shoulders with the President, more often than not, they're going to do that, and I think that includes potentially protecting their interests. I don't think it's a reason not to try. At the same point, like the difficulty of passing an amendment, it's important to try, but I think the Hill might be steep. But I want to learn more about it, and if there's a path forward, I think we should certainly explore that, too.
Yeah. No, in my favorite sort of justice fantasy, what happens is 2029, when we have a Democrat in the White House, they sign the bill to go into senior status, and if the Supreme Court says no, we can say, sorry, you five, you don't have a vote anymore. But thank you, because by that time, it'll be five justices that, that have been beyond the 18 years. And then one last thing. Why 18? Does this go with the every two years, a president appoints a Supreme Court justice for the nine.
Yeah. My amendment doesn't contemplate having a specific set amount in any given year or presidential term, but it does align very much with that theme. It aligns with three US Senate terms. So it is an extended period of time. I do think justices have to serve for a longer period of time to be able to have some stability. But through the 1970s, the average tenure of a Supreme Court justice was in the teens. It was about 15 years. So it wasn't until the 70s clicked over that we started seeing these really extended tenures. And you couple that with, again, the retirements being timed around who is the president. Democrats and Republicans have actually, since George Bush, had an equal number of presidents elected, but the appointments have skewed strongly towards Republicans. I think you see that in a divided country and a divided Congress, but you're not seeing that through an evenly split court trying to put jurisprudence first, trying to put application of the law first. We're seeing instead this incredibly terrible infusion of partisanship into the Courts, which I think is breeding this confidence crisis, this legitimacy crisis that is calling out for reform. And it's why I think Americans are so strongly supportive of term limits and other changes to the Court. And that's why I feel so strongly about it. I did not intend to come to Congress to put in multiple constitutional amendments to try to bring our country forward, but I think that's sort of where we are. This moment demands it. We can't have those half measure responses of the past. This requires, I think, real significant, important institutional reform at this point.
Yeah, agreed, Congressman. But you know, I mean, John Roberts has assured me that they aren't political actors and that he's very, he's got a big sad about people, suggesting that they are political actors.
But I'm glad you mentioned that because it actually, I think the fact that the Chief justice had to say that speaks volumes. Where they know the court standing is in the opinion of Americans.
Right.
It's like Melania Trump coming out apropos of nothing and saying she has no ties with Jeffrey Epstein and met her husband organically at a party in 1998. Okay, all right, thanks. Nobody asked you. But anyway, you mentioned multiple amendments. Before I let you go, tell us about another one that you're putting forward that has to do with presidential pardon power.
Yeah, this one doesn't have a cool acronym like the ROEB act, but we do have a good name for it. It's the Pardon Integrity Act. We are literally trying to put integrity back into the pardon process where what was once and what's meant to be a tool of justice and mercy has been perverted by this President and in fairness has been abused by prior presidents to really dole out favors to the rich and well connected. And I think again, one more thing that Americans are really fed up with is seeing the powerful get away with things that the average person never could. And so I think whether it's the pardon of the crypto, King cz, who, funneled hundreds of millions of dollars into the Trump cryptocurrency, or the pardon of the drug kingpin who had put hundreds of billions of doses, the Honduran, president, and then going in and using the same justification to extract Maduro out of Venezuela, I think you sort of look at all these pardons and it's really, the average person says this doesn't make sense. The fact that there is now a pardon industry where people pay upwards of a million dollars to get, get access to those close to the President to Secure a pardon. It's one of the few places in the Constitution where the president has complete control and authority over who is pardoned. There's been a lot of proactive and preemptive pardons, both by this president and by President Biden. I think it's all wrong. So our amendment is very straightforward. It just says if members of Congress and the Senate petition for a review, it can be overturned by a two thirds super majority of both houses. A very high bar, to be sure. But that is the equivalent of overriding a veto. And I think if nothing else puts those pardons in the spotlight, it makes presidents think twice before using this universal, undisputed power they have. And I think it would give us some checks, and I think the most egregious ones would actually be stopped by members of Congress.
Yeah, it's really important, our system of checks and balances. And when there's a power that doesn't have a check from any other part of the government, any other branch, I think we're kind of running afoul of the separation of powers doctrine. But I think it's fascinating because, you know, my very first podcast was called Mueller She Wrote and Robert Mueller contemplated in volume two of his final report on the, investigation into Trump campaign ties with Russia that Trump was using pardons in an obstruction of justice y sort of way to dangle them to folks in order to get that witness tampering for all intents and purposes. And we see it again and again, and I think we're going to see it in earnest at the end of this particular president's term and or time on the earth. I had to Google if there have been any deathbed pardons in the past, and there have been none, but I am assuming that it will continue to be exploited by this administration. So I'm very grateful that you're putting forth that amendment too, because there's no legislation that can be passed to mitigate or curtail the immense power of the pardon.
Yeah. And if we want to curb those abuses, that has to be a constitutional amendment. So while we're pursuing a multi faceted approach on Supreme Court reform, this is really important, and I will say this is actually a bipartisan bill. Don Bacon, a Republican from Nebraska, is co leading this legislation on the pardon review because I think he understands that this is, something that needs to be reined in. And so I give him m a lot of credit. I hope that the fact that it is a bipartisan bill on a very high profile issue speaks to the nature of the importance of getting it done and gives some hope in this hyper partisan environment that we still can come together to do important things.
Thank you. Thank you so much for joining us today. Going over these constitutional amendments that you introduce via resolution and I appreciate the work that you're doing and joining in the chorus of the necessity of court reform. I often m compare the Supreme Court to third base in the old Abbott and Costello. Who's on first? Everything do. I don't know third base. Everything has to go through this corrupt Supreme Court. So I appreciate your time today. Is there anything else you want to say? You want to tell everyone where they can find and follow you? I know you're, you know, running again for your seat there in Maryland. Second and, and maybe want to tell everybody how they can find and follow you on social media as well so they can keep updated on how these resolutions are going.
Sure, yeah. You can check us out on social media platforms. It's Rep. Johnny oh, repjohnnio on most social media platforms. If you want to check out our website, it's gojonio.com and if you want to only give us a like and follow and stay in touch with our work as we try to keep this administration held accountable, but also that we are lifting up our democratic institutions and really building a better future for both my 10 year old daughter, but all of our kids and all of all Americans love it.
Go Johnny O. Maybe our bumper music can be Johnny be good. Get a little Back to the Future flashback there. So anyway, I do really appreciate your time today everybody. go find and follow Maryland's second Congressional Representative, Johnny O. Johnny Olsheski. I appreciate your time today.
Thanks Allison.
Everybody stick around. We'll be right back with the good news. Hey everybody. Wild Grain is the first subscription box of its kind for bake. From frozen sourdough breads, artisanal pastries and fresh pasta. It is made to be simple, no fuss, no thawing necessary and items that bake in 25 minutes or less. They also use straightforward ingredients so you can pronounce them and rely on slow fermentation which can be gentler on digestion, richer in nutrients and antioxidants that a lot of store bought options don't have. And you can also tailor your box to fit your needs with variety. Gluten free vegan and now protein boxes are available. I love the protein box. And this episode of Daily Beans is brought to you by Wild Grain. Check this deal out right Now Wild Grain is offering you $30 off your first box, plus free croissants in every box. Just go to wildgrain.com dailybeans to start your subscription. Or you can use promo code dailybeans at checkout. My two favorite wild grain products have been the sourdough loaf and the fresh fettuccine. The sourdough comes out with bakery style crust and a flavor that feels special. And the fettuccine makes dinner feel simple without tasting like a shortcut. The balance is what I really like about Wild Grain. It gives me high quality options that are easy to keep on hand and easy to make when life gets busy. The slow fermentation, like I said, and simple ingredients matter to me. They're better for my gut and they fit better with my health goals than most convenient options. So imagine having fresh bakery quality bread, pastries and pastas at home without any trips to the store. And don't just take my word for it. They have over 40,000 five star reviews and they've been voted best food subscription box by USA Today for three years in a row. For a limited time, Wild Grain is offering our listeners $30 off your first box, plus free croissants for life. Just go to wildgrain.com dailybeans to start your subscription today. That's $30 off your first box. And yes, free croissants for life when you visit wildgrain.com dailybeans or you can use promo code dailybeans at, checkout out. You'll be glad you did. Everybody, welcome back. It's time for the good news. Who likes good news?
Everyone.
Then good news, everyone.
Oh, I didn't think the good news would get here fast enough, Dana.
I know.
Seriously, so much awful, Horrible Jim Crow 2.0 happening in the news right now. So, send your good news to us. Whether it's something little or big that's happened to you recently or in the distant past, as long as it brings a smile to our face. Maybe it's your favorite street joke. maybe it's a good trouble suggestion or a shout out that you can give to a loved one or yourself or a small business or a nonprofit. Maybe some community activism that you really enjoy. Send all that to us. And of course, all you gotta do to get your good news read on the air is attach a photo. It can be your pod, Peter. Then we can try to guess the breeds in your shelter pup if you want. It, can be a random animal on the Internet, an adoptable pet in your area. Maybe we can find him a forever home. maybe you can send us one of those 1500 beagles that was just released from that medical research facility. We'd see if we could find them on, please. I'm so happy about that. Ridgeland Farms medical facility beagles have been set free. You can send us a photo of, your babies or your baby photo or family's pictures. Otters. We love random animals like capybaras and pandas and goats and whatnot. Are you raising chickens? Tell us about it. We want to see all of your photos. Send them to us dailybeanspod.com click on Contact. First up is your good trouble. Good trouble today comes from Jess Craven from Chopwood Carry water. We know we're going to see a blue tsunami, but it won't happen without hard work on our part. So I'm going to urge all of us to switch into election mode right now. November's victory will take place because of the efforts of the remarkable massive freedom fighting cross partisan movement that we've formed. This means all of us signing up for phone banks, canvases, letter writing campaigns, postcarding campaigns and more. Now it means all of us talking about the importance of getting involved to anyone who will listen. Be annoying. It means sharing Rogan's list. Excellent. How to help win the midterms. We're going to have links to those in the show notes and that's a, you know, share those with everyone you know, continue to be updated regularly. How to help win the midterms is a, basically it's a list of when and how you can use your time to help win the Senate House governor's races this November through phone banks, text banking, letter postcard writing, social media posting, storytelling and more. So bookmark and share this page susanrogan.substack.com and we're gonna have a link to her substack about, her list of things that you can do as well. So thank you so much to Jess Craven for that good trouble assist on this Tuesday.
All right, next up from Anna Williams pronouns she and her hello, lovely ladies of the lagoon. I'm writing in with some good news and good trouble at the same time. When I first heard about the racial gerrymander in Tennessee this week, I cried. It's such a direct evidence that the Supreme Court is wrong and we still desperately need the Voting Rights Act. As I moved through the stages of grief, I got mad. And then I looked for a bargain. Turns out the Tennessee legislature made four pretty weak Republican majority districts to get rid of that one majority black district. The good news is that these, these are flippable seats. The good trouble is to donate, organize and support any and all good candidates in those four seats. From wherever we are in the US Together we can channel our inner Stacey Abrams and make them regret their selfish shenanigans. This is our democracy. Let's take it back together. My pod pet tariff is my three legged wonder mutt Rue, shown here wearing her life jacket while enjoying a paddleboard ride last fall. Rue is so cute. Look at that Pitti mix.
Okay. I love your life. Anna, where are you? I want to paddleboard with a tripod baby and just hang out in the sun like that. That's a. What a beautiful day.
I just want to give a little shout out to my co host Ag if you follow AG on blue sky and probably a substack, she had actually put up a graph that with this redistricting in Tennessee, what they had done is they used maps that would have worked in the 2020 election. But if you put those maps up against the 2018 midterms and they don't look good, just like this person that submitted the story, they don't look good. In fact, some of them are even. And that's in 2018 when there wasn't as even big of a negative feeling about Trump. Even though it was pretty fucking negative. You know what I mean? So what you're saying is right. Allison, I know agrees with you, backed it up. She even put some receipts on social media. So hopefully you are right. I think they did the same thing in Texas and I'm hoping they did the same thing in Tennessee.
Yeah, I actually pretty much that was the focal point of Beans Talk yesterday was that graph and what they did to Tennessee. Because while they are in their racist haste to dilute the black vote, they, they diluted the Republican vote. Yep. pretty considerably in those four districts, especially the three that they divided Memphis up into. But again that doesn't make it okay. right. But like you said and Dana, I credited you for going back to Texas times when you said I think they might be shooting themselves in the foot for diluting their own super red districts and making them more flippable. So we're going to be watching those really closely on election night. All right, next up from anonymous pronoun, she and her hi AG and DG MG here shout out to my awesome partner. We have a beautiful almost two year old daughter together who was conceived by the miracle that is IVF we also both work full time. Last week, he asked me what I wanted to do for Mother's Day, and then he asked me when the last time it was that I'd had a night out. Spoiler alert. The last time I had a night out it was work related. I've been so busy navigating life that I thought I'd missed my chance. But luckily, I had heard on the daily beans that there were still tickets available to Dana's show at the Dallas Comedy Club. My husband bought me a ticket and even found a friend to accompany me since he couldn't find a last minute babysitter. Awesome. it was truly inspiring to be in the room with that particular crowd. I don't have enough words to express how special the whole evening was. Everyone who got up on stage was fabulous. Dana, you had us rolling. When I got home that night, I did my best to try to recreate some of the best punchlines for my partner. Your jokes are so funny. They even make me funny. For my pod pet tariff, I've included a trifecta picture. This is my daughter dressed as Bingo, an Australian cattle dog from a TV show. Bluey. That's for the pod pet tariff. And last but not least, one of all of us, for Allison. She is the goat.
Oh, thank you.
Thank you, Ag and dg. My life is better with you two in it. Look at this family.
So cute.
Happy Mother's Day. What a great gift to go see some comedy, especially the Dana Goldberg kind. And, yeah, we're gonna be on stage again tonight hosting some pretty amazing funny people, including you. And yeah, that's at the El Rey Theater. It's tonight at 7:00pm Los Angeles. We got Jane Smart, you and me, Fuglesang, Andy Richter, Lisa Loeb, Iman Jordan, Rufus Wainwright. The guitars from Wings is going to be there. It's going to be really, really amazing. I've seen what they're doing in this show. You don't want to miss it. And that kind of room energy like that you had on Sunday night. Dana, it's so important right now for our little souls. if you want tickets to that BlueWaveCalifornia.org concert.
Thank you so much, Alison. This is from Lee. Pronouns, she and her. Hey, ladies. About beans related serendipity, which another listener properly identified as synchronicities, could we call them beancronicities? Here's another one. I, too, am a former resident of Ahatuki. Oh, Ahwatukee. Ahwatukee.
Thank you.
I say it wrong every Time and I need to get in my head. Ahwatuki for podpet for today is a pair of wild, well, maybe not completely wild turkeys near downtown Asheville, North Carolina. They waited at the corner for the walk signal, then proceeded across the road.
They waited for the walk signal.
Oh, my God. So good.
That's so funny. You have to tell me, Lee, where in Ahatuki you lived? All right, next up, from Kathleen. Oh, this kitty pronoun. She and her dear beans queens. First, thank you for all the work you do to keep us both inform and sane. My good news is simple. I belong to a crochet club that meets each week to hang out and do fiber arts. We welcome all levels of experience. When people are interested in crochet or embroidery but don't have any experience, we provide them with materials and we teach them. It's a wonderful way to make new friends. And I find a bit of peace in a crazy world. My pet Tax is my sweet cat, Boo Boo. He's 14 and came to us as an amputee. Please don't feel sorry for him. He's living his very best cat life. Look at this sweet baby.
Aw.
Hello, buddy. Hi, Boo Boo Kitty.
Love it, love it, love it. All right, this is from Nancy. Pronouns she and they.
He, Beans Queens.
My good news is twofold. My daughter in Baltimore, after losing her AmeriCorps job, finally starts full time work this week on Mother's Day weekend. I won giveaway for up oh on Mother's Day weekend. And I won a giveaway for a Toronto film festival premiere for Pioneer Girl, if you're curious. After that week, I was shocked that anything could make me smile this much. Podpet, Tax is my blank Pepper and the fox from our barn. We're working to keep the kits safe from her. So, this is a greyhound mix.
That looks like a whippet to me.
Oh, yeah, there you go.
Whippet. It would be good. Fox and the kids.
Ah, totally. 100% whip it.
Yep, whip it. Excellent. All right, next up, from Mark, Mother's ba. No, I'm just kidding. from Matt. Pronouns he and him. Hi, AG and DG. This is Matt. My wife and I attended DG's comedy show in Dallas on Sunday. I was the bear in the front row with the gay son, trans son, and bi daughter, along with two CIS male weirdos. Happy face. The VIP passes were all sold out and we got our tickets in February so I could tell you in person. I wanted to thank you for your wonderful routine and all of the laughs. But mostly for your advocacy on behalf of my children. Our family loves you and thanks you so much and of course, AG as well. Thank you so much for all you do. We'll keep fighting with you and hopefully see you at the next HRC gala in Austin. For our pod pic tariff, I hope you'll accept a picture of our family from our 25th anniversary vow renewal, along with one of our dogs, Fizzgig from the Dark Crystal. Yeah, Fizzgig. Nice. We are forever in your debt. Look at these beautiful folks.
Now, Matt and his partner, female partner. I don't know if they're married. And I apologize. Matt, I know you're listening. You guys were an absolute delight. Thank you for playing with me. Thank you for being the best mom M and pop to these kiddos. I just an extraordinary crowd, but Matt was phenomenal. He was front row. I thought he was a bear, like part of the bear community.
Right, right.
And literally said, I pegged you as a bear. And I was like, wait, I don't think.
I don't say that.
I don't think. Yeah, we just got a good laugh. And he got a good laugh. Just a great. I, mean, the audience was extraordinary. Thank you so much for this message and sharing these photos. You and your wife. Look at you in this kilt.
Mm.
All done up. And the pup.
Yeah.
I look forward to seeing you all in Austin at the HRC gala next year. I hope that. I hope it works out. Thank you, Matt, for the submission. All right, next up is Anonymous pronoun. She and her. Hello, Beans. I'm a school administrator in one of the reddest states in the union. I've used your advice and made some good trouble. When students need a break from the classroom, are deregulated, they come to my office to color. Recently, I've given them a stamp sized piece of correction tape and have asked them to draw either a self portrait. Oh, my God, this is so cool. Or a picture of a teacher. I used your advice and I placed a stamp over that guy's face on the national park card. We used it yesterday and they did not ask us to remove it. Picture of my card is enclosed. For my pod pet tax, I've included a picture of my pup, Franny Sassafras. Thank you for your incredible journalism and keeping us informed during these crazy times.
All right. Franny Sassafras is a fantastic name, Anonymous. And I love that they didn't make you take this, drawing.
I know, me too.
Trump's face. Look at the Dog, look at the beautiful golden retriever. Papa.
So sweet.
Ah, adorable. Incredible. So many people came out to your show. It's so amazing. I love it. I love this community.
Yeah, it was awesome. When I asked who were Bean's crowd, I'm telling you, the room exploded. It was just so nice.
It's so cool. Thank you all the Leguminati, you're amazing. And I can't wait to see y' all tonight at the El Rey Theater. It's gonna be so much fun. So, gosh, when we put out, we put out a ton of tickets, like comp tickets for patrons. They got snatched up in like an hour. Y' all are like, amazing. Seriously. So we're looking forward to seeing you tonight as well. any final thoughts before we get out of here today, my friend?
just if you happen to be in the Rochester area, I'm realizing some people don't always hear the good news. So, hey, if you're in Rochester, I still have tickets available for this Sunday's show. You can get them on my website, danagoldberg.com, i've got a great opener and I will be doing a talk back with v esper from under the Desk News. And you're gonna wanna meet them. Cause they are extraordinary. So, yeah, I'll see you in Rochester on Sunday, either at the gala or at my comedy show.
So amazing. Thank you, my friend. Everybody will be back on your ears tomorrow. Until then, please take care of yourselves, take care of each other, take care of the planet, take care of your mental health and take care of your framily. I. I'm ag.
I've been ag and I've been dg.
What's going on today? Them's the beans.
Them's the beans.
The Daily Beans is written and executive produced by Allison Gill with additional research and reporting by Dana Goldberg. Sound design and editing is by Desiree McFarlane with art and web design by Joelle Reader with Moxie Design Studios. Music for the Daily Beans is written and performed by they Might Be Giants and the show is a proud member of the MSW Media Media Network, a collection of creator owned podcasts dedicated to news, politics and justice. For more information, Please visit msw media.com msw media.