Tuesday on the RealClearPolitics podcast, Tom Bevan, Carl Cannon, Andrew Walworth, and Richard Porter break down the Supreme Court’s latest decisions on birthright citizenship, transgender athletes, and campaign finance. They also review new polling suggesting the Texas Senate race is tied and Democrat Graham Platner is narrowly ahead in Maine, accusations that Elon Musk’s DOGE cuts have “killed millions” around the world, and reports that the president is planning to pardon 250 people to celebrate the anniversary of the American Revolution.
Listen live weekdays at 11:00 a.m. Eastern on SiriusXM’s Megyn Kelly Channel 111, or on Apple, Spotify, YouTube, or other platforms.
Richard Porter joins Walworth, Cannon, and Bevan to discuss the Supreme Court’s 6-3 decision today striking down President Trump’s executive order limiting birthright citizenship.
Read: Trump v. Barbara, Decision and Dissents
Porter says the result was expected, but future challenges could still arise if Congress tries to define the issue differently. “It’s going to be a great law-school case to study, analyzing the ways that judges think,” he said.
***
08:35 — ‘Transgender Athlete Ban’ Upheld
“I think Trump is going to tout his victory in the transgender sports case and talk very little about the citizenship decision,” Carl Cannon joked about the 6-3 decision on barring transgender athletes from playing on girls’ and women’s sports teams.
The decision: West Virginia v. Becky Pepper-Jackson
“What they held was sex means biological sex; when Congress passed Title IX, they were thinking about biological sex,” Porter explained.
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13:45 — Major Change For Campaign Finance
They also break down the Court’s decision loosening limits on campaign spending by political parties, which Porter argues will strengthen independent self-funded candidates and the parties themselves, while paving the way for more transparent, less restrictive campaigns. The panel discusses whether the ruling could increase transparency by moving money out of darker channels, like outside groups and nonprofits, and back into the official parties.
The decision: National Republican Senatorial Committee v. Federal Election Commission
“I do think it takes some of the hypocrisy out of the process,” Porter said about groups having to hide coordination. “That always struck me as bizarre. You have a country with a First Amendment, and somehow we have all these rules where I’ve got to call up a lawyer and figure out, can I give money to this, or talk to them?”
“I actually think this entire architecture of rules is unconstitutional, and the Supreme Court is taking it apart piece by piece by piece.”
***
20:07 — New Polling in Texas: Is Talarico a Moderate Now?
The group looks at a new poll showing Democrat James Talarico and Republican Ken Paxton tied at 47% in the Texas Senate race.
New York Times/Siena poll: A Tied Senate Race Gives Democrats a Shot in Deep Red Texas
Bevan says Texas remains an uphill fight for Democrats, but Paxton’s personal baggage is clearly hurting him and more radical candidates around the country are making Talarico look moderate. “What’s interesting about this poll, too, is Gov. Abbott’s up seven points in his race, and the generic ballot shows Republicans up five,” Tom Bevan said. “So Paxton being tied shows you the baggage Paxton has.”
“I wouldn’t be surprised if Talarico is being helped by all of these socialists and communists getting elected and saying the craziest stuff ever?” he also said. “It makes him look more reasonable, which is funny. If that helps add one or two points to his total in this race, that could be the difference.”
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25:29 — Maine Polling Breakdown: Can Senate Dems Run Against Trump?
The panel discusses a Siena poll showing Democrat Graham Platner narrowly leading Sen. Susan Collins, whether voters are buying Platner’s “working-man” persona, and whether Democrats can win by running against Trump.
New York Times/Siena poll: Platner Has Slight Edge Over Collins in Tight Maine Senate Race
Bevan argues Republican Senate candidates should remind voters that Trump will only be president for the next two years, while Cannon counters that Democrats will be running against Trump long after he’s dead.
***
34:49 — Musk Accused Of Killing “Millions”
The group discusses claims that USAID cuts could lead to millions of deaths and criticism aimed personally at Elon Musk.
“If you want to make the case for aid, make the case for aid, but don’t try and pin it on an individual,” Bevan said. “The dirty little secret is that all of these federal dollars, as we found out, the government spends that goes into USAID, it goes to all of these left-wing NGOs where people are getting hundreds of thousands of dollars in salaries and all this stuff.”
***
44:18 — White House Considers Mass Pardons?
The episode ends with reports that the White House may consider “250 pardons for 250 years” to mark the semiquincentennial.
The Atlantic: The White House Considers Granting 250 Pardons for the Nation’s Birthday
Bevan dismisses the idea as unserious, while Cannon notes that mass pardons have historical precedent but could easily become farcical. Porter says the idea would likely set Trump up to troll his opponents, especially if it involved preemptive or politically loaded pardons.
Listen to RealClearPolitics weekdays at 11 a.m. Eastern on SiriusXM’s Megyn Kelly Channel 111, or on Apple, Spotify, YouTube, or other platforms.
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