THE SHOW NOTES: The Supremes Weigh Trump, Democrats Actually Do Hate America, & Climbing The Vegas Sphere

Welcome! Two JetBlue planes collided in Boston.

BREAKING: Five Marines have died in a training accident in California.

LOL: A 21-year-old Bernie Sanders supporter is running as a Republican in Georgia.

WATCH: This guy was arrested for climbing to the top of the Sphere in Las Vegas.

AMERICA: New data says that Democrats don’t think America is great. - Twitter

James Carville to fellow Democrats: Stop telling voters how good the economy is. - Fox News

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BREAKDOWN: Trump’s SCOTUS Argument

Donald Trump’s lawyers are arguing before the Supreme Court right now that Trump’s actions on January 6th, 2021 do not make him ineligible to run for President of the United States again. The hearing is the culmination of the Colorado Supreme Court’s decision to ban Trump from the primary ballot over the 14th Amendment’s "insurrectionist" clause.

Why this matters: If the Supreme Court upholds the Colorado decision, votes cast for Trump on Colorado's March 5th primary would not be counted. This ruling could additionally set a precedent for other states to do the same. 

Context: Context: Ignoring the partisan spin for a moment, article 2 of the Constitution never refers to the President as an officer of the United States. If you listen to how the individual justices are questioning the lawyers on both sides, I struggle to understand how anyone could think they would rule against the former President. More importantly, the Court is not even really diving into the substance of these constitutional arguments and are instead focused on Congress not choosing to act.  While the Court explored the issue and, notably, actually took issue with whether the President is “an officer” of the United States (something progressives dismissed as an argument), they kept falling back on the issue of Congress failing to act to define an insurrectionist and preclude them from the ballot after the Civil War.

Notable: Justices Kagan and Brown were deeply skeptical of Colorado’s argument. Kagan went so far as to ask Colorado’s lawyer why one state should get the power to decide who becomes president. Justice Roberts wanted to know why other states would not do the same to other nominees on the other partisan side. Justice Gorsuch wondered how it was that if someone was immediately ineligible to be President after an insurrection how it was Donald Trump remained President till January 20, 2021. The treatment from every Justice towards Colorado’s lawyer, except for Sotomayor, was deeply, deeply skeptical.

🚨 LISTEN: Justice Gorsuch just gave a beatdown to Colroado’s lawyer for attempting to justify kicking Trump off of the ballot. The Colorado lawyer was one of Gorsuch’s former law clerks.

Bad to worse: The Obama-appointed Elaina Kagan asked the same Colorado lawyer why one state should decide who gets to be president of the United States. Listen:

BREAKING: Biden’s Border Plan

The White House is considering taking executive action at the border to deter illegal immigration as voters continue to blame the President for the issue in the latest round of polling. This is from NBC:

As passing legislation on border security in Congress appears unlikely, the plans under consideration signal that the White House wants to take action before numbers at the border, which have dropped in the past month, rise again as expected.

Is Joe Biden OK?

Yesterday Joe Biden recalled a conversation he had with German Chancellor Helmut Kohl in 2021, which would have been strange since she died in 2017.

Sunday: Biden made a similar mistake at a campaign rally in Vegas on Sunday claiming to have had a recent conversation with former French President François Mitterrand who died back in 1996.

Tuesday: In a conversation with reporters on Tuesday, Joe Biden failed to recall the name of Hamas, and was ultimately bailed out by a reporter. Here’s Biden's quote:

“There is some movement, and I don’t wanna, I don’t wanna … Let me choose my words: There’s some movement, there’s been a response from the, uh … There’s been a response from the opposition, but, um … ”

Third Party: As Biden’s gaffes continue to get worse, Democratic operatives are panicking over new polling that shows 1 in 5 Democrats considering a third-party option.

Bonus: Joe Biden is currently losing the election - Slow Boring

KJP Doesn’t Want To Talk Layoffs

Trending news:

• 🚨 White House officials to visit Michigan to meet with Muslim and Arab American community leaders - NBC

• Stumbling Toward the White House - The Free Press

• Scientists just set a nuclear fusion record in a step toward unleashing the limitless, clean energy source - CNN

• Why Biden is losing to Trump in the polls despite a ‘booming’ economy - NY Post

• PETA targets Kansas merry-go-round maker over animal-themed carousels - Fox News

• Inside Donald Trump’s Incredible Cash Crunch - DNYUZ

• Loyalty is a one-way street in Donald Trump’s GOP. Just ask Ronna McDaniel - Politico

• FCC outlaws AI voices in robocall fraud - Axios

• Construction Industry Grapples With Its Top Killer: Drug Overdose - DNYUZ

• Watch: Wild Video Of A Moose Chasing A Bunch Of Skiers Down The Mountain At Jackson Hole - Barstool

• American CEOs Visiting China Can’t Escape It: They Have to Dance on Stage - WSJ (paywall)

• A 99% Bond Wipeout Hands Hedge Funds a Harsh Lesson on China - Bloomberg (paywall)

• China’s stockmarket nightmare is nowhere near over - The Economist (paywall)

Market snapshot: