The Dollop with Dave Anthony and Gareth Reynolds - 283 - The Worst Supreme Court Justice Ever (Live in DC)

Episode Date: July 17, 2017

Comedians Dave Anthony and Gareth Reynolds examine Supreme Court Justice James McReynolds. SOURCES TOUR DATES REDBUBBLE MERCH...

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Starting point is 00:00:00 When you're staying at an Airbnb you might be like me wondering could my place be an Airbnb and if it could what could it earn? You could be sitting on an Airbnb and not even know it. That in-law sweet guest house where your parents stay only part-time Airbnb it and make some money the rest of the year whether you could use a little extra money to cover some bills or for something a little more fun. Your home might be worth more than you think. Find out how much at airbnb.ca slash host. No, no, no, no, no, no, no, no, no, no. It's Gareth. I did expect the Garfee
Starting point is 00:00:52 movement to start this evening. You know what's great is to never know sit down what the fuck. It's great to never know what people will say your name is as long as it's not your actual name. It's a weird little paradox. Thanks, Dave. Yes, thank you sir. And it is I hate to I hate to play the Gary Garath angle on this but it's actually Garfee not Garthee. So again, I'm in the position of correcting most but again it's not my name. He's working hard already. I'm a beat. Can we take a Union 5? I am just I am oh I'm dust right now. I am after that run. Awkward. Fuck your city's weather.
Starting point is 00:01:52 It's a little unpredictable. Much like the politics inside of it. A lot of Trump people here tonight. Wow. Hey, Dave got him on talk space. He's doing a lot better. He's doing a lot better now. We're getting him help. He's texting a psychiatrist. It's unreal. He's just he's tweeting at him. Anyway, thank you for inviting us to your giant den of corruption. Yes. You're you're killing America and thank you for having us. Sometimes it ain't easy making something great again, Dave. August 29, 19. 1914. Yeah. You're our Lord. B.C. Okay. Yeah. We'll see how many lawyers are in the house. James Clark
Starting point is 00:03:09 McReynolds. Whoa. This is yeah. Oh, you're not gonna was born in Elton, Kentucky. That's a bad start. No. Kentucky in 1914. Not good. Or now. His. Now we don't have any listeners in Louisville anymore. I apologize. I'm sorry. Goodbye, you three. His parents both attended the disciples of Christ Church. Gonna flag it now. Owned and owned a plantation. Gotta flag it now. There's what we call it the combo. Sampler. And this is where James grew up and he grew up the privileged son of a white man. His father John was a prominent surgeon and was nicknamed Pope. Pope? Because of his relentless professed self-belief that his views were always
Starting point is 00:04:14 right. So it's not a nickname you want. No. I'm always right. Not in this case. Scalpel Bishop. His father adamantly opposed public education and non-biblical thought. Oh, well, he should be the secretary of education. I, I for one, have always wanted a secretary. And I'm thinking of the Secretary of Housing, who is clearly on dope. She, she fought so that schools can have guns to shoot grizzly bears. They're coming at you all the time. In my town, we live, we have bears. California bears. And so our kids shoot an average of three bears a day. James graduated from a prestigious private school, the Green River Academy,
Starting point is 00:05:13 and then went to Vanderbilt University in Nashville. Sure. He went for exactly one year, because that's all it took back then. Well, got it. Bye. He's very active in debate societies. He graduated from Vanderbilt as a valedictorian. Nice. Someone who worked for him would say later, quote, he viewed public education and the virtue of the common man as humbugs, which basically means a sham. So he thought public education and the virtue of the common man were a sham. Yeah. Well, if you grow up with everything, you're like, why do they make it so hard, these poor people? I actually agree. Well,
Starting point is 00:06:00 I'm glad we could do this. He next went to the University of Virginia School of Law, where he studied under Professor John Minor, whose teachings stressed personal morality and protection of economic rights and personal liberty from the government. Okay. All right. So this is where he takes acid and the music's like... This was McReynolds' biggest influence. All right. He completed his studies at law school in 14 months and graduated at the head of his class. Yeah. Well, he put in the hours. 14 months. He logged the hours, man. He received his
Starting point is 00:06:51 law degree in 1884. After law school, he served for two years as secretary to Senator Howell Edmunds Jackson. Howell Jackson. The senator had served in the Confederate Army during the Civil War, and his brother was a general. During his time in the Senate, he supported things like restricting Chinese immigration. Cool. The senator then left the Senate when President Grover Cleveland appointed him U.S. Circuit Court Judge. Okay. So that's a guy you want. Yeah. No, absolutely. Yeah. Good old Grove. James moved on. He practiced law in Nashville while teaching as a professor. Well, he'd been in college for a year. At Vanderbilt
Starting point is 00:07:34 You might as well teach at law school if you've put in a whole 14 months. Yeah, absolutely. Yeah. It's got to be awkward teaching that. Weren't you just... Yeah, 14 months. Take a seat. I'm going to hand out the syllabus. I sat behind you. I sat behind you. So anyway, the thing about my lecture is can I look at your notes? Yes. You know what? Let's do one of these fun things. I want to do a little Freud thing. You teach. I'll listen. Let's see how this goes. Come on, guys. Turn around. Come on. 14 months. Come on. You guys can all do it. Time's money, gang. Publicly, he crusaded against gambling and prostitution and he was successful in
Starting point is 00:08:14 removing the police gazette from public sale and distribution. The police gazette? So just a cop paper? Supposedly. Well, okay, so they sent it out, right? They distributed it as if it's a cop paper, but it's actually like a tabloid thing with coverage of murders and sports, and then there's photographs. Sergeant Mayer, single again? Which detective wore it better? Detective Murphy or Detective Murphy. And then there are also photographs of strippers, burlesque dancers, and prostitutes. Okay. Well, I wonder what's going on in the prostitute picture section. You're not reading the police
Starting point is 00:09:10 gazette, are you? That's a mission already. You've already admitted it. Just checking out who wore it better. I think Murphy. Always. For decades, the gazette was a staple in barbershops where men would look at it while they're waiting to get a haircut, but the granite's got it removed. I had no idea. I thought Playboy was the first one, but there's this fucking fake cop magazine. Reading a cop magazine when you're like, I'm here for my haircut. I wait all day. I'm just reading about the police officers and masturbating. I read it for the articles. Obviously, since he hated sex workers and gambling, that meant he had political
Starting point is 00:10:02 ambition. They always do. He ran for Congress in 1896 as a goldbug Democrat. Well, I've always loved the goldbugs. I'm gonna tell you why. It's a good show. Goldbug? It's on ABC. The goldbugs. The goldbugs were fighting against this. The goldbugs? We're fighting against the silverites. The silverites. So wait, is this based on gold v silver? Gold v silver in front of the Supreme Court in 19, no. We're side with gold. The goldbugs were people who wanted money backed by gold, and the silverites wanted currency backed by silver. Interesting. So you can see how this would get problematic. And now you
Starting point is 00:10:52 can buy either on an 800 number. The world has changed. The goldbugs thought using silver would mean the end of the country, the economy would be fucked. Was there context? And the silver people thought that would, it would just mean more money for everybody. So you can see how stupid we were. We're the bronze boys. How come no one takes us serious? The bronze boys. Bronze is making a comeback. We're the basalt twins. Oh, God damn it. Basalt twins. I'm from the mud party. Oh my God, lock the door. The muds are here. We want currency to be based on wet dirt. Mud, you idiot, mud. WDs. I'm voting wet dirt Democrat. The
Starting point is 00:11:55 presidential candidate was William Jennings Bryan, and McGrown's was appalled at his populist campaign. Didn't matter. James McGrown lost the election. But he rolled along. He was head of the Tennessee delegation to the 1896 Democratic Convention, and he wrote the party's sound money plank. Oh, listening to the money. And he kept moving up the ladder under Teddy Roosevelt. He was appointed assistant attorney general in 1903. Wait, Roosevelt was quite a bridge. Yeah. Yeah. Monopoly has become a major issue in America, which is weird. Yeah. What would that be like? I don't know. This is before Amazon owned me. As assistant
Starting point is 00:12:42 attorney general, he prosecuted a bunch of cases under the Sherman Antitrust Act and appeared frequently before the Supreme Court. He returned to private practice in 1907, but at the same time, he took a special assignment to prosecute the Tobacco Trust and won before the Supreme Court four years later. He started getting a public reputation as something of a radical on business related matters. He said monopolies were, quote, essentially wicked. Okay, this is hard to peg this guy down as far as what we think. But that's also not really legal talk. Wicked is not a term. Oh, absolutely it is. You think so? I've
Starting point is 00:13:18 seen a number of, OJ was found wicked. Not guilty, but wicked. Think about it. You're right. Your honor, I am wicked. OJ's back and he's wicked. Hey. Look at how wicked that was. Not sure what's happening. In 1912, he campaigned heavily for Woodrow Wilson for president who won and he was paid back within a being appointed attorney general. Oh, an important position. Open up. Wilson said he wanted a specialist on civil rights who was, quote, on the people's side. McReynolds looked like he was because it was anti-trust stance, but he was strongly conservative in other areas and he had a hard time in the Wilson
Starting point is 00:14:17 cabinet because of his personality. Okay, that's a delicate way of putting it. He's an asshole. He was described as, quote, entirely committed to, oh, this is all fucked up. Oh, it must be aristocratic. Aristocratic principle and sealing with contempt for grasping newly rich businessmen and he had an equal contempt for legislators. Oh, boy. It's gonna be good. It's gonna be good. I don't know. He's a good guy. It was said he would have been at home in polite society or in a duck blind hunting. Either way. In a duck blind? Yeah, that's where there's blind ducks in you. Oh, that's tough. Do you know what a duck blind is?
Starting point is 00:15:04 You're from Wisconsin. I don't know what a duck blind is. It's a thing you fucking hide in to shoot. Okay, so yeah, I never really dipped my toe in that pool too much after I was never actively shooting the ducks. You don't have to. They're great. Let's get them. Shoot it to actually. So what, just go stay in a duck blind? I don't shoot ducks either, but I know the terminology. You're a crazy person. We met kangaroos and then you ate some the next day. You're a psychopath. If prepared correctly, and by prepared correctly, I mean, petted for an hour beforehand, wooed into a sense of security. We had a moment where I thought, I was like,
Starting point is 00:15:44 Dave and I had a great day with the animals. And then the next day, literally like with a toothpick in his mouth, like some sort of cartoon character, he was like, kangaroos delicious. That was just cooked. If cooked, right. If cooked. That's all I'm saying. Sure. And how long was the kangaroo pet? Yes, I'll have that. Thank you. Yeah. How's the koala tabooly? The koabooly? No, the to walla. The Gretles was now considered by many to be the quote, rudest man in Washington. Oh, I mean, good Lord. If only he knew. Oh, man. He would have swung for the fences more. Just writing notes in 140 characters, throwing them on the ground. It's just so sad. I don't know who you're talking about. We went through
Starting point is 00:16:58 this earlier. Bernie Sanders. Too soon. He was sarcastic, peremptory, and antagonistic. Quote, he was known to leave a dinner party abruptly if seated below the salt. If seated below, and can we put the salt on your head? Yeah. Do you know what that means? That means that there was a certain spot in the table where if you were placed for far enough down, you were past the salt, you felt like a dick. Yeah, it's from medieval times. You were riding the pine. It's from medieval times. And it's if the salt would be in the middle, you want to be up with the fucking fancy people. So if you were down there with the shit eaters, then you're that's where you were. I mean, I'm past the salsa. This is bullshit. What the fuck am I doing here? Welcome
Starting point is 00:17:46 to eating with the shit eaters. Hi. You just got to move the salt. We're below the salt. Who'd you like some shit? It's the kids table. They're all wearing happy birthday hats. Hi. So if he wasn't seated where he wanted to be, he would just leave the dinner party. Okay, because that's cool. Sure. Yeah. Now at this point, at this point, he had so many conflicts with people in Wilson's cabinet that Wilson was looking for a way to get rid of him. Well, I think you just put him near salt. Treat him like a slug. Hey, James, you belong over there. I quit. That's salt hard. I know. At so around this time, the grads also wrote in an annual report for the Justice Department
Starting point is 00:18:42 a way to reorganize the Supreme Court. Stack it, put six more justices on the court, and then the Democratic Party would have total control. The Constitution actually does not say how many Supreme Court justices there should be. So you would just have to get the Senate to agree. It's totally legal. Scared? You should be. Well, I didn't know you could play with a different ball. That's not good. Yeah, they could go into 24. Oh boy. Oh boy. We start 11. Now, while President Wilson was a populist, he was also a terrific racist. Feels like an oxymoron. He banned blacks from government restrooms in the treasury in Postmaster General's office, creating segregated toilets. I don't want my ass to be where a black
Starting point is 00:19:36 man is sat. Like, why can't, like, that's the highest form of racism. Like, you can't shit where I shit. If I touched the toilet seat, I might become a black person. I could never. Then where would I go? What if my ass is black when I go home? Honey, my ass turned black today. Anybody who thinks they should be bathroom segregation should go to LAX and realize we're monsters. I think you then would go, it's not a segregation issue. LAX makes you reconsider eugenics. They really should just sell swords that you can commit Harry Carey with at LAX. I mean, the amount of times where you're like, why is, I hate it. Wilson's racism toward blacks was only matched by his hatred towards Italians,
Starting point is 00:20:35 Germans, and Irish Americans. Well, I will say this. I like a guy that spreads it around. He wanted to rid the country of those he referred to as, quote, hyphenated Americans. Oh, shit. Jesus, that is a term I never thought. Little Garfies American. I'm a hyphenated American. Yeah, but you can get a passport from another country. Oh, then fuck you. He called immigrants from... Why would anyone want to go anywhere else? We've got it all. I just don't want to go anywhere else because I don't want to get bombed by us. That's true. It is going to be very weird when America is trying to take over the English
Starting point is 00:21:33 Monarchy. We'll be like, oh, 180 motherfuckers. Didn't see that coming, did you? And we've dropped a bomb on Paul Revere. Wilson called immigrants from Hungary and Poland, quote, men of the meaner sort. That's interesting. Wilson's cabinet wasn't exactly against the idea of separate bathrooms for whites and blacks. Wilson's treasury secretary defended the policy, quote. Oh, this is a bad setup. Here we go. I am not going to argue the justification of separate toilets orders beyond saying that it is difficult to disregard certain feelings and sentiments of white people. What? Who? We're talking about... He's saying we have to think of the white people. When are we going to take white people's feelings into account? When will that happen?
Starting point is 00:22:34 It really... The amount of care that goes into bathrooms is fucking insane. When you think about what it is, who gives a shit? Honestly. What do you care? Why would you... There are doors. There are private doors. Would you not let someone change in a changing room near you? Is that too freaky? You're welcome. But I don't get it. I not only want everyone to be able to shit in the bathroom that I am in, I want everyone to be able to shit on me in the bathroom I am in. Dave, Dave, Dave, a completely different car. And that is the new bathroom I have installed at LAX. A completely different solve. It's $5 to come in, shit on my chest. Dave, Dave, Dave, Dave, Dave, Dave. This is... Dave, this is... You're saying this into a microphone, my man. Yeah, so let's just...
Starting point is 00:23:29 You guys overreacted to a beer spilling like nothing I've ever seen. We got a whole treasure chest of beer here. That was big. That was like a beer spilling in front of the full house audience. So, so how to get rid of... Oh, bad start....amongst this crew of cabinet guys, James McReynolds, who is the worst of them all. Wow. I mean... Well, there's an opening on the Supreme Court. No, no, no. It's not the island of misfit toys. Wilson named McReynolds to be his first appointee to the United States Supreme Court. He announced the nomination on August 19th, 1914. McReynolds was confirmed 10 days later by a vote of 44 to 6. Yes, that's right. What? It's almost like what the
Starting point is 00:24:51 Democrats do now. He took his seat in October. Back then, associate justices didn't have offices. They actually worked out of their homes or apartments. Better. He had a combo secretary law clerk who would have to go to the apartment to work every day. The justices in this era were often unanimous in their decisions. There was this unwritten code that discouraged public disagreement. Keep it in house, so to speak. Wait, so they were like a jury? Well, they were like, let's not let everybody know how if we disagree. So whatever the vote was behind closed doors, you were like, eight to one. They probably voted and they probably went, so it's five to four. So you guys want to do nine nothing? Yeah, nine nothing. Don't let anyone know how this works.
Starting point is 00:25:38 It's a five to four, then we'll go nine nothing. What's the difference? Nine nothing. Sounds good. There weren't transcripts. You couldn't even bring a pen into the Supreme Court in the 90s of change. But in the mid 90s, you couldn't bring a pen into writing. Into the 90s? You couldn't bring a pen into writing down what was being said. They were just like, it's totally, no, this is not. Which was fine with Clarence Thomas. And so you'd have to guess. Didn't miss a word. Pass the ketchup. Clarence Thomas. Yeah, so there was no, they didn't start doing transcripts until recently. So you, and then they started putting out like just what people said, but not which, which Supreme Court justice said it.
Starting point is 00:26:21 Now it's a board game. It's fucking bullshit. Ginsburg final. So they, so they could do this where they would just say we all voted on it. And then everyone would be like, okay, we don't know what happened in there. Okay. James early dissents while rare did not come with any explanation. He would just dissent and now it'd be it. As you spend more and more time on the bench, he became more comfortable and the real James McReynolds started to come out. That's not good. That's not a good sign. When John Clark joined the court a couple years later, McReynolds did not hide his dislike for him. He said he considered Clark to be too liberal and refused to speak to him. Okay. Good. Well, this sounds familiar.
Starting point is 00:27:10 It's awesome. And then Clark didn't last long. He lasted six years mostly because of McReynolds. And it's customary when they leave the Supreme Court for all the justices to write a letter to the departing justice saying, this was great. You were fun. This was great. Have a neat summer. Thank you. McReynolds was the first justice who refused to sign the letter. Howard Taft, Justice Howard Taft wrote in the letter, this is a fair sample of McReynolds personal character and the difficulty of getting along with him. It's a birthday card. I mean, not a great one. No, but still throw something on there. Oh, it's just getting started. I think have a neat summer works pretty well. And Clark wasn't the only Supreme Court justice McReynolds wouldn't talk to.
Starting point is 00:27:55 Okay. Lewis Brandy's also joined the, Brian Dyes also joined the court in 1916. Brian Dyes was the first Jewish member of the court. Oh, I bet that went over well. So for three years McReynolds would not speak to him. Of course. Just based on the fact that he was Jewish. He would also often stand up and walk out of the conference room whenever Brandy's spoke. Wow. He's got a good, I mean, was that salt related? Where was the salt? Oh, my, my wife's calling. Oh, you want to snag that or how do you want to do that? I hope we get a nickname out of this. Hi. We're, we're, the show's happening. What are you doing? I didn't, she didn't do the, she didn't do the video. She just did, all right.
Starting point is 00:28:54 Trouble at home? I don't know. It's weird now. The crazy she was naked. Hey. Yeah. Yeah. I've got a show to do. Oh my God. McReynolds told Justice Holmes quote, for 4,000 years the Lord tried to make something out of the Hebrews. Then he gave it up for impossible and turned them out to pray on mankind in general. Oh my God. Like fleas on the dog. Ah, just. Anyway, that's my dissent. Anyway, hope that was clear. That is. Well, yes, it's loaded. It's loaded. I am a Supreme Court Justice. Why did you ask? He's not a justice. He's a justus. Yes. I don't recognize that. Prick. You wanted to say something else. God tried with the Jews.
Starting point is 00:29:58 He basically undercover Boston. There are some young fans up front, Dave, that I'm just noticing. And how old are you guys? You guys Jewish? It's fine. We're not. I'm a Reynolds, not a McReynolds. I mean, I guess I kind of am in a way. They're all, they're all a little. You guys, if that, if that sentence we just heard upset you a little bit, tighten up your buttholes because this is going to get weird. Whoa. Whoa. I mean, the kids, the kids, we won. Tighten up your buttholes, gentlemen. You keep it wherever you want. Okay? We're fine. This whole stance against being nice, against being nice to Jewish people didn't really work for court harmony. About being nice to Jewish? About not being nice. Right. Okay. In 1922,
Starting point is 00:31:09 Taft proposed the members of the court accompanying him to Philadelphia for a ceremonial event. Oh, no. McReynolds refused to go. Of course. Writing quote, as you know, I'm not always to be found when there is a Hebrew around. The honesty that you were allowed to have with these, you sometimes don't know what's worse. Is it the veiled bigotry or the actual, but then you hear that you're like the actual, it has to be if I have to pick a poison. Yeah, the actual is pretty bad. Oh, I can't go. There'll be a Jew. I would like to accompany you, but you've got some tailed people with you. Is that not right? Well, are there separate Porto parties for the Jews? I don't want to catch it.
Starting point is 00:32:00 Uh, Chief Justice Taft was not a fan of McReynolds. On what basis? Taft thought he was quote selfish to the last degree, fuller of prejudice than any man I have ever known. One who delights in making others uncomfortable. Okay, that's something I like. That's not, that's not, that, that one's not a bad one. Well, this is before blocking was invented, guys. He has a continual grouch and he is always offended because the court is doing something. He regards us undignified. He has no sense of duty and really seems to have less of a loyal spirit to the court than anybody. Taft also wrote that McReynolds was the most irresponsible member of the court and that quote in the absence of McReynolds, everything went smoothly.
Starting point is 00:32:50 So everybody hates his guts. Yeah, it was a good call to throw him on that. In 1924, there was no official photo of the Supreme Court taken as was and is tradition. They don't do pictures still? They do pictures every year. It's the only year it didn't happen. Oh, okay. Right. Okay. The reason is that McReynolds, I like the one where Justice Roberts lays in front of the others on his side, like holding a soccer ball. The one where Scalia had his top off. Well, and that's also the one where Alito was on top of the pyramid. They did that one too. Alito's great. Ginsburg looked like she was going to break. Bottom row, bad call.
Starting point is 00:33:34 He made a breadsticks and they were like, Clarence Thomas, what do you want to do in the order? You know, people don't know this. When Clarence Thomas speaks in the Supreme Court, they release balloons and the ceiling and they come down. The reason that there was no picture taken in 1924 is because McReynolds refused to sit next to Brandeis, which he was officially supposed to do due to seniority. McReynolds wrote to Taft to explain his decision. The difficulty is with me and me alone. I have absolutely refused to go through the bore of picture taking again until there is a change in the court. It's so weird to be like, I'm the crazy one. I loathe that Jew.
Starting point is 00:34:43 My fault, Jew hater. That's on me. My bad. Or my good. That was when my good was catchy. My good. McReynolds was also notoriously lazy. He would often not even open briefs lawyers filed to prepare him to hear a case until hours before the case was argued. And he frequently just spent a few hours crafting opinions that would govern all other courts in the country. Oh my God. So he went in. He goes into these hearings like I go into the podcast. He's like, what the hell is this? I don't know. Today McReynolds judicial work is considered of a very low standard.
Starting point is 00:35:36 That sounds strange. His judgments were short because they were unencumbered by reasoning. No, is that strange? He seems to have undertaken little to no research or reflection. Sure. Okay. Well, good. That's good. He's just like, fuck you. That's not a decision, McReynolds. One day McReynolds announced he would be calling in sick the next week by telling Taft, quote, a voice has called me out of town. Well that, I mean, what more do you need? I don't think my sudden illness will prove fatal, but strange things have some time happened around Thanksgiving. Wait, what? He was going duck hunting and he was telling him he was going to call in sick to the Supreme Court. So wait. Of the United States of America.
Starting point is 00:36:30 Okay. It was telling his boss that he might feel weird because a voice has called him out to go duck hunting in Maryland. I don't have any questions. Nothing weird there. Another time he didn't even form his fellow justices. He was going hunting and just left without handing in his dissent. He's just roubois deling the Supreme Court, just just dropping and rolling. I can't. I got to go look at the moon for a bit. Taft was furious because he wanted to deliver two important decisions, but couldn't without McReynolds' dissent. Well, that's quite a pickle. Taft complained that McReynolds was, quote, always trying to escape work. I love that that's looking to Supreme Court justice.
Starting point is 00:37:21 Yeah. So he was only given the task of writing judgments in routine and insignificant cases. He sounds like everybody on a Friday at 4.30. Always. Just perpetually like, I got, yeah, yeah. Okay. Yeah. So why don't we fill it out? Let's not take a break. Let's fill it out. Let's do it now. Let's roll. Come on. What the fuck? Let's get this done. The other justices appeared to have held a poor opinion of the quality of his work. Boy, these lifetime appointments, what, I mean, bad call, right? But even then, one clerk said McReynolds appeared to resent being given the task of writing judgments. I mean, how is it like, it's like they're making a reality show, not putting judges on the court. One man hates being a Supreme Court justice,
Starting point is 00:38:18 but he's forced to. It's a fucking comedy central show. Yeah. Yeah. Except for the horrible anti-Semitism. Although on the anti-Semitism channel, oh, A.S., you guys don't get that here? It is big in Hollywood. It's like Channel 874. McReynolds went through law clerks at a steady clip. Okay. Most just lasted a year and he would tell them when he hired them where they had to live. It's not okay. He told them where they had, he was like, you have to live there. That's your house. Huh? I can't afford that. No, you, no, it's your house. I want you there. I think third floor too for you. You'll get up there and you'll live there and you'll work for me for a year and that'll be your home because I'm batshit crazy.
Starting point is 00:39:17 His clerks also couldn't smoke. This is also going to be your only bowl. Here's your pillow and your sheet. And I welcome you to pants, two pairs of socks. That's it. You'll come in shirtless. You live there. You live right there. Here's your toothbrush. Your toothbrush is in my ass. Alrighty. That is yours. Brush. There you go. One year you use that. All right. One year. Don't look me in the eyes. All right. Say don't look me in the eyes. Eyes and ass. Either is not okay. They also couldn't smoke even in their off time. I mean, okay. When he did want a new clerk, he would ask for a quote, conservative wasp. Cool dude. McReynolds would not accept quote, Jews, drinkers, blacks, women, smokers, married or engaged individuals.
Starting point is 00:40:11 So basically mostly cool people of the era. I don't want humans. I'm looking for, how do I put this? White like me. He also told the clerk quote, don't ever wear a red tie. It is much too effeminate for a lawyer to do. I don't like red ties. Oh my God. I kind of wish he was around now because he would be losing his mind. Not only is it a red tie, he's wearing it like a slippage slide, which I've experienced with the time travel that brought me to this era now. In 1932, there was another absence on the court and Herbert Hoover was being pushed to pick, I'm going to say this wrong too, and you guys. It's exciting. Benjamin Gardozo. Gardozo. Sure. Why wouldn't it be Gardozo? Happen to be Jewish. Well, that's good.
Starting point is 00:41:09 That's good for McReynolds. He was super well thought of. Hoover is being urged by the entire faculty of the University of Chicago Law School and the deans of Harvard, Yale and Columbia. Yeah. Supreme Court Justice Stone offered to step down and give his spot to Justice Gardozo if Hoover wanted to pick someone else from the empty spot. That's how much everyone's like this guy should be a Supreme Court. Well, obviously he's not going to be one. McReynolds urged Hoover not to quote, afflict the court with another Jew. Oh my God. Oh God, I've got an alternate opinion here. Yes, McReynolds. From all the deans of Harvard and blah, blah, blah, blah. Yes. Jew. All right. Will you write that down at least?
Starting point is 00:42:01 Legal opinion. You've been in a duck blind for three months, asshole. Cordozo was picked. Okay. When McReynolds heard Cordozo was selected, he said, quote, huh. It seems that... I mean, it's kind of enough already. Ha. Bomber. I hate Jews. Huh. It seems that... I had to say, huh. It seems the only way you can get on the Supreme Court these days is to be either the son of a criminal or a Jew. Oh my. Or both. Oh. Turns out Cordozo's father was also a judge, but he had been involved in a corruption scandal
Starting point is 00:42:54 and left the bench. At Cordozo's swearing in ceremony. The only time a guy's swearing in the background. Bullshit. McReynolds casually and obviously read a newspaper. You seen the New Police Gazette? I read it for the articles, unlike the pornographic Jew before me. I love the funnies. While he read the newspaper, he muttered another one. Oh, my God. He's on the Supreme Court. I mean, he's... He's on the Supreme Court. He's really laying it on thick. Reading the papers enough, but he was probably like, people are ignoring that. Another one. Another one. So he loathed the Jewish Justices so much. He's got two... Yeah, I hate the two-ish. So much that he would not allow his household staff to fraternize with the Jewish Justices staffs.
Starting point is 00:44:04 I mean, this is... Anybody work for him? Could you... So it's... You might... Nobody has Ebola. Hold on. Just hear me out. You might bring home a little dusting of Jew. I don't want to freak anyone out, but I think some of you were hanging out with Jews. I can tell. Jew Jason. He's one of the good people who works for me. When a Cortoso delivered an opinion from the bench, McReynolds would often hold a brief in front of his face. He's like a four-year-old.
Starting point is 00:44:48 Honestly, like, this is... This feels like one of those body switch movies where, like, a kid is now an adult. Like, we held the gavel during a lightning storm. And we're doing everything we can to find the weird guy to fix it. He also refused to sign opinions authored by Brandeis. One of McReynolds' clerks said the judge never spoke to Cortoso at all. But... Go ahead. He didn't just hate Jews. Oh, good. Well, we heard that he hates others. He also didn't like women.
Starting point is 00:45:29 Oh, good. Congratulations. Should... At this point, should be a little validating if you're on the list for him. On the rare occasion that a female lawyer was able to argue a case in front of the Supreme Court, McReynolds... What did he do? McReynolds was... No, what did he do? I could... I honestly... Okay, go.
Starting point is 00:45:51 McReynolds was known to say, quote, I see a female is here again. What? That's just... So he's got a brief... Woman! Done! It's like the end of Body Snatchers with Donald Southern. I mean, what... He must be like, I'm running out of props to defend myself with... Two Jews, a lady? Yeah!
Starting point is 00:46:32 Crucifix! What kind of hell am I living in? When the female lawyer would... Lawyer would... Rise to present her case, he would get up and walk out of the courtroom. Boy, he... Really, how do you deal with a guy who's crammering the Supreme Court all the time? There's no way... Like, what do you do? You're just like, sorry, he's... There's no way Scalia didn't want to do that.
Starting point is 00:47:06 Oh, I'm for sure. For sure. The problem was movement, not impulse. So in 1933, the country's in ruins, right? The Great Depression is in full swing, in comes FDR and his New Deal. There are now four conservative justices of which McReynolds was one, and he did not like FDR at all. Or has he referred to him? Here we go. That crippled son of a bitch. It's like the guy that you hear about who lives in the house down the street, whose wife died, and just has that mean dog, and occasionally is working on his car.
Starting point is 00:47:53 It's like he became Supreme Court justice. Where do you live again? Down by the end of the road. Okay. Boy, he... I mean, there's nobody who's not taken heat except for... No, he's Clint Eastwood from that El Camino movie. Oh, yeah. For sure. He's got what they refer to as squint wrinkles. Squint not Jew, lady. Oh, he's also like just Clint Eastwood. So...
Starting point is 00:48:39 Well, he did leave other Supreme Court justices talking to a chair. So McReynolds described FDR and private correspondence as utterly incompetent. Not that private. A fool, a megalomaniac, and bad through and through. At one dinner at the White House, when Roosevelt entered the room, all guests stood. That is kind of weird to begin with, though, a little bit. Except McReynolds. Okay, then it's even more weird now. Who remained seated, and then turned his back on the president.
Starting point is 00:49:18 Wow, this one... It's so like a child. I mean, it's insane. I mean, this is the most spoiled person ever. He never went back to the White House after that. Usually, the four justices, who were known as the Four Horsemen... Did I say that yet? No, you did not say that. Did he? Where's that part? I didn't. No, the Four Horsemen.
Starting point is 00:49:45 The Four Conservatives were known as the Four Horsemen? So... Well, that's not okay. They started... No, no, no, stop. What the fuck? And that's not a new book? No, no, no, it's fine.
Starting point is 00:49:59 No, it's not okay. It's fine. We're the Apocalypse Party. I'm not saying we should bring this back. But they were... They didn't get... They didn't pick that name. The press picked that name. Still not okay. Because they were like the Four Horsemen of the Apocalypse.
Starting point is 00:50:15 Oh, okay. Oh, so they didn't have jackets made. Oh, okay. Okay. Oh, sorry. Sorry for my judgment. They had it bedazzled on their robes. Well, we are the Four Horsemen. It's because they were blocking so much of FDR's new deal. The Four Horsemen would ride in a car, to and from the court, to coordinate arguments.
Starting point is 00:50:36 So they were really the carpoolers. They were incredibly opposed to the New Deal policies for unemployment and economic recovery, and they invalidated state laws, regulating labor and business relations. Even still, the other horsemen hated McReynolds. Wow. I mean, when you are shunned by the Horsemen, you're too crazy.
Starting point is 00:51:00 That's coming from us. We're thinking about renaming it the One Horsemen of the Apocalypse, or the Three Horsemen and the Cunt. How about McReynolds and the Three Horsemen? How about... Two, three, four! I hate when he does that. We always have to start playing. That is the best way to end an argument in a band.
Starting point is 00:51:27 Look, I'm not telling you. We're not the two, three, four. Let's go. Ah! Start playing, fucking prick. Justice Holmes said McReynolds was an uninteresting lawyer, but a, quote, extraordinary personality. He has very tender affections and corresponding hates. So he's a wrestler. But when really smart lawyers fucking get you, they really dig it. They really get you.
Starting point is 00:52:03 His clerk, John Knox, wrote of the things McReynolds hated. Tobacco use he called filthy. He refused to let anyone smoke in front of him. Women wearing red nail polish were vulgar. So he just is like a bull. He hates red. Men who wore watches were effeminate. What? Wondering what time it was. Excuse me. Unbelievable.
Starting point is 00:52:28 Do you know what time it is? Well, it's gay. That's what time it is. Gay hand, gay man, gay arm. 3.30. Anyway, it's 3.30. 3.30. It's actually 3.30. It's to be clear. No, I love a watch.
Starting point is 00:52:45 It's hard to know what you're doing otherwise. They have masculine looking ones now. They don't have to get the swatts. I wear a sundial on my chest like a Greek man. Men with watches. Only gay men want to know the time. McReynolds was responsible for all the no smoking signs put up in the Supreme Court building.
Starting point is 00:53:11 That's not bad. It's not bad. We found you guys. We found something. No, no, no. But here's the problem. The problem is, again, it comes from himself. It's not others' health. He's like, I don't like smoke. It's not, I mean, he's not like helping anyone.
Starting point is 00:53:26 He maybe was accidentally, but this is also the time when they were like, babies should smoke and here's why. Boy, a teething baby can be quite a disturbance to your night, can it? That's why we've got new baby rats. Baby rats, cigarettes for children. That's right.
Starting point is 00:53:43 There's nothing a baby likes more than sucking down on some sweet tobacco through a filter. Get them started early, gang. Otherwise, they might develop some symptoms. Babies can get quite sick if they're not smoking. I'm a wizard. You don't need to have to know how to roll over to smoke a cigarette. That's for the parents.
Starting point is 00:54:07 The parents, single people. You don't know what the fuck I was talking about. Uh, nope. McReynolds also had a black servant who had been working for him since he joined the court. Let's everybody just buckle up. So this guy, this guy's been working for him since he joined the court.
Starting point is 00:54:28 This can't really be his name. Did this change it? All right, I'm just going to say it. His name is Harry Potter. That can't be right. No, no. That can't be right. No, that was changed.
Starting point is 00:54:41 God, wouldn't that be amazing? Wouldn't that be amazing? It's not right. That was, that was a change. He might have just been like covered in a lot of hair and dealt with the plants out front. Like he was just like, I'm a Harry Potter. I pot them here.
Starting point is 00:54:56 Parker, it's Parker. Harry Parker. I found it down here. It's Parker. I'm sorry. I'm sorry that we blew that. He went to log warts. So I know you're bullying me because of auto correct. I can't.
Starting point is 00:55:11 So he wasn't a boy wizard after all, Dave. Here's where it gets interesting. Racist, Racist McReynolds had a small wizard as a servant. By the way, being a wizard, great angle to servitude. I agree. Excevilize, yeah, you know, and then it's right there. What? I've never read a page of Harry Potter.
Starting point is 00:55:41 So basically Harry Parker was this guy. He worked there before McReynolds came. Like he was a guy who worked at the Supreme Court forever and when a new justice would come in, he would become that guy's man, sidekick. I don't like the word servant, but that's what, yeah. I think sidekicks also. So Harry pretty much did everything.
Starting point is 00:56:01 Harry had a wife and three sons. Harry was the one who would tell clerks they could not smoke or drink and date. Or date? Did I not tell you they couldn't date? No, they couldn't date. I would prefer a eunuch. Yeah, he went, he didn't want his clerks to date. Either cut it off or marry her immediately.
Starting point is 00:56:18 Don't be foolish. No drinking or fucking or looking at women. Look at me. McReynolds. So they couldn't date. Right. Okay. It's all normal.
Starting point is 00:56:34 He's a nun. Are you sure? All the clerks are nuns. And if McReynolds called the apartment during the day and the clerk was not there, the clerk would immediately be fired. Wow. Mary Diggs also worked in the apartment. She was the maid.
Starting point is 00:56:49 Mary and Harry called McReynolds pussy willow. I like that. This was so they could talk about him in front of him and he wouldn't know. Which by the way, what a pussy willow thing to do. Boy, you guys really hate pussy willows, huh? But I don't like them either. Grab them by the pussy willow. That's what I've always said.
Starting point is 00:57:18 I don't get the reference. I uh, you will. I'll be back. After I'm dead, I will reemerge in a new form. You might not know it's me, but I shall rise again. Perhaps with some weird make up and hair, but I'll be back. Uh, on one of the first days, clerk Knox was at the apartment and heard McReynolds ask Harry what he was going to do with his sons.
Starting point is 00:57:54 And Harry has three sons. He's like, what are you planning on doing with your sons? And Harry said he hoped to send them to college. McReynolds yelled, quote, college. Do you mean to say they are going to college? Yes, literally what I have just said to you. Yes. Why don't you train them to be handymen like yourself?
Starting point is 00:58:17 There is no need for them to go to college. Well, I should have not opened up to you. Harry said he thought there was, and he wanted them to do better than him. McReynolds responded, I don't see any sense to that. One of your sons has a good job in the Supreme Court cloakroom. Why doesn't he just stay there? Jesus. McReynolds?
Starting point is 00:58:41 How old is McReynolds at this point? Nine hundred. Because he sounds a hundred and, okay, good. He's nine hundred and four. McReynolds, it turns out, was firmly opposed to black people getting university educations. That came across. Also, just a really good thing to have on the Supreme Court. Yeah, no, for sure.
Starting point is 00:58:58 That'll help everything. Honest duck hunting trips. Everyone just take a moment. But I also, but the truth is now we still have, they take so many fucking vacations here. Like the people who work in our government are like, they got to hurry up before their break. They're all, we're talking to them.
Starting point is 00:59:17 Yeah. Oh, right. You guys, but. No, but they don't get vacations. But so there's no, the Congress, the Congressmen are like, oh, I'm taking off. People who actually, August, taking off August. People who actually work are expected to get like two sick days a year. And then these assholes just keep ruining the work environment. And they don't have time sometimes to do it because they have to go on fucking vacation.
Starting point is 00:59:43 I don't know what you're talking about. I don't know if you've ever, I don't know if you've ever. It's going to be so great when we have them in crates. I don't, when we just have a room of them all in crates, it's just going to be fantastic. I don't know if you've ever had to work Tuesday, Wednesday, Thursday. But it's a bitch. Oh, it's brutal. It's brutal.
Starting point is 01:00:05 It's a bitch. Imagine, oh my God, imagine all the walking and the bullshit. Going in the weird pool that's only meant for white men where they swim naked or whatever's happening over there, huh? Where's this? They got little weird houses where they do weird stuff. Are you talking about? They like to piss on bunnies.
Starting point is 01:00:24 What? A big bunny. They're in charge, huh? I haven't read this. Oh yeah, you got to look it up. They pee on bunnies. On his duck hunting trips, McReynolds would not bring a dog to retrieve the ducks he shot.
Starting point is 01:00:38 Instead, Harry came along. I was... He would order Harry to wade through the cold ice water to retrieve the kills like a dog. Anyway, he was pretty cool. At one point, McReynolds noticed one of his clerks had become very close with Harry. So he warned the clerk.
Starting point is 01:01:00 Not good. He warned the clerk, quote, you seem to forget that Parker is a Negro and you are a graduate of Harvard Law School. You are treating Harry like an equal. Think of my wishes in this matter. And your future relations with the Darkies. It truly is...
Starting point is 01:01:22 Like that could not be a situation where you could be further removed. There's basically zero impact on you if someone befriends someone. So that is always trying to make people live their lives how you want your life led is so fucked up. It's working fine for me so far.
Starting point is 01:01:40 It's not. I'll have a beer. Also, whenever McReynolds had to send a letter addressed to a black man, he insisted the word colored be placed after the name. Oh, that's cool. Because he said this would help the mailman. The white mailman.
Starting point is 01:02:01 God damn it. I keep telling them there are two Larry Jackson's here. One is white. One is black. Put white after the... No, just put black after the black one. You know there was definitely a mailman walking around like, which house has the craziest colors?
Starting point is 01:02:18 I don't know all the... He said it. No, he said one, four, one, two, and it's colored. And it's just all these look pretty... Well, this one's like a rainbow. I mean, it must be this one. When word got out that McReynolds told Mary Diggs that she was lucky to have a job,
Starting point is 01:02:36 he was sharply criticized. How long... This guy is like a cicada. I mean, it is... He publicly defended himself by saying he tried to quote, protect the poorest, darky and Georgianate backwards,
Starting point is 01:02:52 as well as the man of wealth and a mansion on Fifth Avenue. Not true and very revealing in the way you say it. Well, he didn't use great language. No, no. Again, I mean, it is true. Like today, it is almost worse that it's just veiled and it's through policy. Of course, his racism affected his decisions.
Starting point is 01:03:16 In what way? In Moore versus Dempsey, five black men were convicted of the murder of a white man following a 45-minute trial during which their counsel never spoke to them while a large crowd yelled for their conviction outside the courtroom. What did the jury think?
Starting point is 01:03:32 The jury from which all black men had been improperly excluded Okay. brought in a verdict of guilty in five minutes and death sentences were passed. The majority of the Supreme Court found the accused to have been denied due process. Okay.
Starting point is 01:03:48 This is... But McReynolds dissented, praising the role of the counsel. He never spoke to them. How could you say? Well, I think he was great. Although he noted that the trial was unusually short. From the guy who just Irish exits the Supreme Court all the time? Sounds a little rushed, but I love what I hear.
Starting point is 01:04:12 I got to move. I'm going to go live inside a duck tent. Thank you. Thanks, guys. Thanks so much. Excuse me. Justice Brandeis left the bench in 1939 and, as expected, McReynolds refused to sign
Starting point is 01:04:27 the traditional letter of regret from the court. Of course, yeah. Well, it's good that he's changed. He was very in favor of individual liberties unless it concerned the rights of a black person. When cases that involved the constitutionity of Jim Crow laws came before the court, McReynolds always voted against them. In one case, he argued that having a racist juror convict a black man
Starting point is 01:04:46 did not mean he should get a new trial. Oh, my God. So, with FDR, McReynolds and the Four Horsemen did everything they could to try to stop the New Deal. You mean that crippled son of a bitch? That crippled son of a bitch. He voted against New Deal measures and compared Roosevelt to Emperor Nero,
Starting point is 01:05:03 which means he just didn't know about that ancient history. And when FDR and Congress took the country off the gold standard and the court upheld the decision, McReynolds lost his shit. His dissenting statement was so bitter and hostile that it was not printed in the court reports. So this was a time when you could actually stop people from saying stuff. No. I mean...
Starting point is 01:05:36 No, I got you, boo-boo. You got me, baby. Come here, baby. It's nice. It's cute, isn't it? It's nice. That'll be $5. He wipes my bum also.
Starting point is 01:05:52 All right. When the court voted against FDR's Farm Act, farmers were furious. On the night following the majority opinion, someone in Iowa discovered life-sized effigies of the six majority opinion justices hanging by the side of the road. Is that a bad sign? I mean, what a time! Let's get back to hating justices.
Starting point is 01:06:16 That's what we call a hung court. Don't you boo me, motherfuckers. You cannot laugh, but you won't boo. Yeah, she's gotta go. See? The court struck down a New York state law providing a minimum wage for women and child workers. MAGA, brother. The court said laundry owner Joe Tepaldo could continue to exploit female workers in his Brooklyn sweatshop.
Starting point is 01:06:50 You mean Joe the Laundry? How about it? They're women. Are you kidding me? Do whatever, I don't understand. Why do you have to pay them money? Change the door, change the door shut. Start a fire. And make sure they don't use the same toilets as you.
Starting point is 01:07:08 Or you'll become woman. You will. Have you heard about ass transitions? Transactions? You get it from a toilet seat. Buddy of mine came Asian. Can't talk to him. Don't like him. Yeah, it's true. It's true stuff.
Starting point is 01:07:26 Happens. Another friend of mine became a lady. Yeah, I went to the bathroom. Now he's gotta use the ladies room. It's like, what's going on here? You know? My friend's ass is black. They caught it just in time, but it almost spread.
Starting point is 01:07:42 And he's got a black butt, you know? You gotta be careful out there, man. I worked with Harry Potter. And this is blowing my mind. I know a guy with a leprechaun dick. That's okay with me. With people angry at the court for blocking the new deal,
Starting point is 01:08:00 FDR saw an opportunity. In February, 1937, FDR announced he was going to implement the Supreme Court plan close to what McReynolds had come with up with so many years ago. Oh, boy. He asked Congress to empower him
Starting point is 01:08:16 to appoint an additional justice for any member of the court over the age of 70 who did not retire. So... Okay, so... So how many is that? He's saying they're out of touch.
Starting point is 01:08:32 Well, it turns out this is the oldest court ever. It meant he was going to add six new justices to the court. Oh, my God. Jesus. I mean, this just... We're so... They just had to be approved by the Senate.
Starting point is 01:08:48 So... People went... Bug fuck. Okay. Gold bug fuck? Gold bug fuck. On both sides, they said it would be the end of the country.
Starting point is 01:09:04 So people are saying if he did it, it would be the end. If he didn't, it's weird. Thank God nothing's changed. Yeah, thank God. So many letters poured into Congress that they begged people to stop sending them. Okay. Fun company.
Starting point is 01:09:20 But then suddenly, the court changed. They voted for a minimum wage law they'd struck down a year before. One middle of the road justice, Roberts was no longer voting with the horseman. And it continued.
Starting point is 01:09:36 The days of McReynolds and the horseman dominating the court were over and FDR's new deal moved forward. But McReynolds never changed. It doesn't sound like McReynolds. Old malleable. When a Harvard-educated black attorney
Starting point is 01:09:54 who mentored future justice... This has a bad beginning. It's gonna be fine. Who mentored future justice Thoreau Good-Marshall, as the dean of Howard Law School, when this gentleman argued in front of the Supreme Court in 1939, McReynolds
Starting point is 01:10:14 turned his back and faced the curtains in the courtroom to show... Was he ever looking forward? He was just always silently protesting. That's it. I'm hunting ducks. Walks out backwards. Things quickly changed on the court
Starting point is 01:10:32 in the late 30s. Justice Devanta retired in 1937. Sutherland in 1938. Butler died in 1939. So those are the horsemen. Good. Well... McReynolds was the last horseman of the apocalypse left.
Starting point is 01:10:48 They didn't say of the apocalypse. I said it. Because even then, that's a little dicey. But that's what the press was trying to say. I mean, of course they're the four horsemen of the apocalypse, but he didn't think he'd bury that a little. He was left to just dissenting
Starting point is 01:11:04 in major decisions from 1937 and 1941. When Brandeis retired in 1939, McReynolds I just said that did not sign the letter. In Brandeis place, FDR picked Felix Frankfurter, another Jewish guy. Wow. All right.
Starting point is 01:11:20 And to make it worse, he had graduated from Harvard Law School and helped found the American Civil Liberties Union. So... He was a liberal Jew. He was a liberal Jew. The worst kind. McReynolds did not attend
Starting point is 01:11:36 Frankfurter's swearing in exclaiming, quote, my God, another Jew on the court? Oh my God. How long has he been on the court? Said it out loud. You'd think at this time... Yeah, at this time you'd be like, I lost. In World War II, you'd be like,
Starting point is 01:11:52 well, I should X-nail on the anti-Semitism. How about that, Hitler? Should we get a new justice, Hitler? Well, we'll sit him to the right. Obviously. Weirdly, he was extremely charitable to the pages who worked at the court.
Starting point is 01:12:10 And he loved kids. He gave tons of assistance to British children who were orphaned by World War II. He adopted 33 children who were victims of the German bombing. Oh my God. He...what? 33? Yeah. He's like, living Oliver in his house?
Starting point is 01:12:30 I don't know. Are the orphans hanging off of railings? I couldn't find... Andy Clark! Tommy! Bishop! Ross! Richard! Nick! Andy! Andy too! Garfy.
Starting point is 01:12:46 Garfy! Gareth! Gary! Come on! Come down if you want your mashed potatoes! I couldn't...so... My brother! Austin! John! Michael! Graham!
Starting point is 01:13:06 Paul? Paul! George! Ringo! Actually, leave Ringo! Leave Ringo! Leave Ringo! He doesn't eat like the others. He also just widows. Like, crazy.
Starting point is 01:13:30 Like, that was... Is there an app for that? Oh my God, there should be a widow-fuck-app. How is that not a thing? There's everything else. Swipe down. That is a weird...that is a... Like, that's strange because that's kind of an emotional fetish.
Starting point is 01:13:56 And I like greavers. Oh, man. When there's something that's been really hurt inside of them... I'm what you'd call a void taker. She got the stink of sadness on her. I'll be back in two and two, boys. Hey, lady!
Starting point is 01:14:16 Read the Gazette? I like it when it's fresh, too. Oh, yeah. Common, they start crying. Well... Am I the only one? Yeah, no, you lost me and I'm out of my mind. Hi.
Starting point is 01:14:46 Hi. McReynolds tried to stay on the bench. Mr. McReynolds tried to, it's bad. Just so you know. Well, he tried to stay on the bench, hoping that FDR would finally get voted out. Quote,
Starting point is 01:15:04 not to retire while the cripple remained in the White House. Jesus, God. There is absolutely no change. The man has remained unchanged. He never changed one tiny bit. I mean, you'd think there'd be a minor thawing. No. Like, maybe you'd listen to one sentence
Starting point is 01:15:20 from a Jewish person said before you ran out to hunt ducks. Why? You're right. Good point. Good counterpoint. Thank you. But after FDR won in 1940, McReynolds gave up and retired in 1941 at 79 years old. Mmm!
Starting point is 01:15:36 Mmm! The other Supreme Court justices failed to send him the customary retirement. Yes! Yeah. Ah. You just send a box full of dradles.
Starting point is 01:15:52 Ah! Ah! And a toilet seat that said every race used. Ah! Ah! He continued living in D.C. and finally died
Starting point is 01:16:12 of bronchial pneumonia on August 24th. Good. It's good, right? It's good. 1946. He died alone in the hospital. Quote. We'd all rather it not be a hospital. Quote.
Starting point is 01:16:28 He died a very lonely death in a hospital without a single friend or relative at his bedside. He was buried in Kentucky but no member of the court attended his funeral. Though one employee of the court traveled to Kentucky for the services.
Starting point is 01:16:44 He was like, we got to send a guy. Uh, who has never had a vacation? I haven't. I've always wanted to go Hawaii. How about this? Stop in Kentucky. Okay. What am I going to do? Uh... Uh...
Starting point is 01:17:00 So, do you know McReynolds? Yeah, the worst. Glad he's dead. Why not Hawaii? You just have to stop at his funeral. But, but we have sparklers. I got to stop saying yes so early to stuff. No, but you can light sparklers at his funeral
Starting point is 01:17:16 and wave them around because no one's going to be there. Oh, it's like watching a movie alone. Yeah. No different. Movies are around, right? Nope. Yes. Yeah, they are. Yeah, it's like watching a movie alone. Because those are around. You're smart.
Starting point is 01:17:32 You're a smart one. Hey. Of the smart ones, you're a smart one. How do you do stuff? When Harry Parker died in 1953, seven years later,
Starting point is 01:17:48 his funeral was attended by six justices, including the Chief Justice. I mean... And a wizard academy. It's hair... Sorry, keep going. Sorry. He likes to be called Harvey. I don't believe in
Starting point is 01:18:12 an afterlife like our president does, but... I'm not that religious, but... I wish there was one so that this fucking asshole could see all the justices go to this guy's funeral. I've never actually wanted there to be an afterlife until now.
Starting point is 01:18:34 Is the first time you ever wanted it to be a thing? I like to think he got punished somehow after. Well, he did die alone, which is pretty fucking sweet. Yeah, but I like to think there was maybe a dick kick after. A dick kick? A dick kick. Yeah, like his negative energy
Starting point is 01:18:50 went into the jellyfish that, you know, kind of makes the universe up. What? What just happened? I've taken a loosen-agency. The jellyfish that makes the universe? You know, the divine mother. She lives in the clouds.
Starting point is 01:19:06 You're calling the divine mother a jellyfish? I'm not calling her anything else. I've talked to her, sir. Excuse me? I don't want to talk about it anymore. Ayahuasca's not just something you can take and hang out with your cat. You're goddamn right it ain't.
Starting point is 01:19:30 McReynolds never had a family. That's where you talk to the cat. Keep going. McReynolds never had a family. Reynolds did. So he left his estate to charities and educational institutions. No Jews. Academy will be a great school.
Starting point is 01:19:48 No university. He is considered one of the worst, if not the worst, Supreme Court justice ever. Thai magazine called him, quote, a savagely, sarcastic, incredibly reactionary Puritan anti-Semite. And he wouldn't be the kind of shithead that would frame it in his room and be like,
Starting point is 01:20:08 look at that, huh? Somebody made the cover of time! Fucking award! Award winner! They like me! In a biographical dictionary of the court, Timothy L. Hall called McReynolds, the most boorish man ever to hold a seat there
Starting point is 01:20:30 and was unwept for and unloved. That feels pretty good at this point. That's fucking... That guy did not like him. I think he's misunderstood. Well, I think we've all found McReynolds an asshole. Did somebody really yell out, please do the penguins one instead in the middle of that?
Starting point is 01:20:56 That was a holocaust, my friend. Look, I'm sorry. I'm sorry that the Supreme Court justice was not great. It is nice to experience the terrible ones publicly. I feel like that's better for me personally. The interesting thing about the Supreme Court is he was essentially allowed to do this because of the secrecy that surrounded the court,
Starting point is 01:21:26 and the fact that they didn't until recently allow their names to be attached to what they said, and fuck them, shit should be televised. Absolutely. Yeah. Because they're acting like they're this isolated, isolated, non-political... Fuck you, you're totally political.
Starting point is 01:21:44 Stand the fuck up, beat big boys, and get involved in the world. That's what it is now. And girls, yeah. Sorry, and girls. Yeah, it is really strange the way we have allowed the total erosion of public... The fact that now the White House
Starting point is 01:22:04 doesn't have to have on-camera press briefings. It's like... It's hacky to even talk about, but it is so... That's just the thing you do. You stand up there and you take the shit. I mean, that was honestly the only redeeming part about Trump at the beginning
Starting point is 01:22:20 was that you get to watch Sean Spicer try to translate it. You just got to watch a dude. We all miss him. I mean, he just... All he wanted was a break, and then he just got so ruined. He just got so shot.
Starting point is 01:22:36 He was so fucked in the head that he wore different shoes. I know, and then he hid in a bush, and then they were like, Sean anymore, he's too fat, and the only thing we had, was we could roast that dirty little piggy for a little while,
Starting point is 01:22:52 and they fucking took it away! CHEERING 11.30 in the morning, you'd be like, I want to hear what this idiot's going to say. Well, the president's tweet, the reason why he tweeted, let me finish, the reason why he snap-chatted,
Starting point is 01:23:10 you're like, what is fucking happening? Oh, my God, why isn't he snap-chatting? He has to, the only person who has to be on snap-chat is Trump. He's the only guy who would have one of those dog faces with a tongue hanging out and be like, Kim Jong-un,
Starting point is 01:23:26 I'm coming for you. LAUGHTER Just as he's got a little princess crown on, and hearts are flying around him, I'm not fucking around. Russia and I are going to solve the election fraud. LAUGHTER That happened a while ago.
Starting point is 01:23:48 That was... Oh, shit, I didn't do it. Oh, you didn't do it. Well, we didn't do the intro. We didn't do it. It's on you, boob. But usually when I fuck up, you don't... I catch you. Yeah, you do catch you. I catch you.
Starting point is 01:24:04 But tonight, I let you down, baby. What happened tonight? Get it out of here. Get it out of here. I let you down tonight. Get it out of here. I let you down tonight. CHEERING You were listening to the dollop. CHEERING This is a bi-weekly
Starting point is 01:24:26 American History podcast. Each week, I, Dave Anthony, read a story from American History to my friend. Gareth Reynolds, who had no idea what the topic
Starting point is 01:24:42 was going to be about. CHEERING Good heads up. You guys, thank you so much for coming. CHEERING Appreciate the fuck out of it. CHEERING Fight the good fight.
Starting point is 01:24:58 We'll be over there signing some posters. CHEERING Yeah, we'll sign your book, too, my man. Appreciate it, guys. Thank you. Thank you. CHEERING

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