BREAKING: MAJOR UPDATE on Supreme Court EXPANSION

I'm going to do things a little bit. differently today because something kind. of incredible happened during a recent. interview that I did with Gavin Newsom. Not on my show, but on his podcast. Now, there was one section in particular that. garnered a lot of news. Um, I went on. his show to discuss my new book, The Day. After, which is centered around. Democrats wielding power in a post-Trump. world. We had a great conversation about. everything from climate change to the. economy to Medicare for all to holding. Trump and company accountable for their. criminality. But one issue on which. there's been some pretty obvious.

disagreement between me and Gavin Newsom. in the past was this idea of Supreme. Court expansion. And it's also a major. focus of my book. And that's where. things got really interesting. So, here's that section of our conversation. Give it a watch and then come back. because that's where things really heat. up. >> So, you open up, you talk about blank. checks and balances, well said. And then. this notion of the untouchables, and it. has been the untouchables. It's. according to you, I've had this. conversation, and I'm I'm kind of mixed. on this. I'm open argument.

>> I really am on this. I'm not an. idealogue, but I instinctual concerns. about reforming the court in terms of. its size. Good people argue differently, you do as well. But you we agree on term. limits, we agree on ethic and code of. conduct reforms. You lay them out in. here. You lay out the why from Alito to. the Cavanaugh, the shadow docket we can. get to. Obviously, what's going on with, yeah, who's the other one? Alito and up, you. know, the insurrection fake. I mean, Jesus, what the hell's going on with the. Supreme Court? So, let's talk about.

this. >> So, my my. my argument here is that we need court. expansion. It makes sense not just from a moral. perspective, which which I'll get to in. a moment, but also there is historical. precedent for it. The the number of federal court circuits. have always been. have always been commensurate with the. number of Supreme Court seats. We've had. six in the past, I think in 1837. That's raised to nine, but now we have. 13 federal court circuits, and we still. have nine Supreme Court justices. But, from So, so that's the historical.

argument for this. It would make It. would make sense. It's also not in the. Constitution that we should have nine. It's also, you know, not so sacrosanct that. Republicans haven't changed that number. in modern times. Again, they kept the. court at eight seats because they wanted. to keep Merrick Garland off the court. That was almost a year. So, we have very. recent precedent for Republicans. changing the composition of the court to. suit them politically. Now, imagine we're fortunate enough to. have a Democratic president, Democratic.

House, Democratic Senate Senate. We We. get some legislation passed, which. already onto itself is a. Herculean task. Now, we have this rogue. branch of government, which is, you. know, not. Look, you look at Samuel Alito and. Clarence Thomas. These are not. These are not, you know, these these you know, apolitical. neutral arbiters of the law. This is. Jordan in a suit, right? In in in a. robe, I should say. >> Jordan with a Yeah, with a jacket on. >> Yeah, with a with a Yeah, wearing.

something. >> I assume it I mean, that would that. would be a hell of a thing to see. >> So, so, you know, with the composition. of the court as it stands right now, they have a permanent veto over any and. all legislation that Democrats could put. forward. And so, we do all of this work, and yet opt to leave in place, just by. virtue of our respect for norms and. precedent, a 6-3 conservative court that. can and absolutely will strike down. anything that doesn't comport with their.

political ideology. I mean, this is a. court that has just struck down the. voting the entirety of the Voting Rights. Act. This is a court that that will, in deference to their party, create. um. provisions of the Constitution out of. whole cloth, like this idea that the. president can act with impunity as it to. criminal prosecution that will ignore. the plain text of the Constitution like. section 3 of the 14th Amendment that. prevents. someone from running for federal office.

again if they've engaged in or given aid. or comfort to those who have engaged in. insurrection. Donald Trump did that. That's not just me saying it. It is the. Colorado Supreme Court for example. And. and so they make it up as they go. And so while we're making this whole. argument about not just sitting on our. laurels and and hoping that you know. just by virtue of the the the arc of the. moral universe bending toward justice. you know through osmosis or whatever it. is that it's just going to happen good. like the the.

the arc of the of the moral universe. doesn't just bend toward justice. You. have to push it. And so I think this is. a perfect example of where you push it. Leaving intact this court just out of. out of deference to to stasis or the. status quo. gives them a permission structure to. strike down anything that you've that. all of these people have worked to get. by showing up and voting Democrats into. office and and you know you you campaign.

on climate change and health care and a. just economy and and everything that. gets people out of bed. Everything that. makes people believe in politics but you. know that you're just leaving intact. voluntarily a veto for the other side. with people who you know are not neutral. arbiters of the law. People like Samuel. Alito and Clarence Thomas. And so if. we're if we're adhering to this vision. of. of recognizing that we have one shot. here to really deliver for people. Like. Republicans fumbled the ball. They they.

2024 was an incredible reversal uh uh um. uh of not just not just political. alignments but but culture. I mean when. I like when I was in college. you regardless of geography regardless. of socioeconomic status, you were for Obama if you were a young. person. Like it would be impossible to. it would be social suicide if you're. like, "Oh no, I'm a I'm a I'm a John. McCain guy. I'm a George W. Bush guy.". >> Yeah, yeah. >> And and.

>> we're not in the cool club. >> No. And and to watch Democrats have. fumbled it to the point where. it actually became more like. became cooler, became more culturally. um um beneficial to be a Republican is a. is a coup for them. And for them to fumble the ball like. they're doing right now, we have an. opportunity that we shouldn't frankly. have. If they weren't so. incompetent, they wouldn't have given us. this opportunity. But we have this. moment right here. It's a a a a.

brief a brief moment that we can take. advantage of. And if we use that moment. by thinking that we can garner all this. uh all this support and and get like our. one last shot only to put it in the. hands of a Supreme Court that we know is. going to strike anything and everything. down, then we are not actually committed. to the outcomes that we claim to be. committed to. >> So are you talking So you're talking. about expanding to 13? And And it's. interesting. I mean it is it is a great. historical And people forget them. Last. time it was done again was under.

Lincoln. There's no constitutional. constraints on them. >> I would argue last time it was done it. was done under Mitch McConnell. >> love them I love the Merrick Garland. point. That's an interesting and. powerful. >> Supreme Court went down from nine to. eight for a year. They changed the. number of justices or something. >> he did not score round. And and and I so. I nor can we. Now let's get to the the. other two component parts. Code of. Conduct, which is all the stuff with. Thomas. It's off the charts. >> we go there, did I did I I I need to. know if I convinced you. Before we get. to the Code of Conduct, I'm going to. conclude with. >> Um cuz I want to I'm going to then fill.

in. additional We're going to create We're. adding more ingredients to the overall. reform here. So you're convert Code of. Conduct, that just seems to be a no-damn. brainer, right? Absolutely. More transparency, etc. But this notion of term limits. Um eight. years you call for? >> Yeah. >> Others have said 18. Why eight? >> Um I think. you know, look, I'm I'm open to I'm open. that. >> Oh, interesting. Now you're open. argument. >> Um you know, I think we can I think we. can both I think we can both uh it's a. give and take here. I think um you know,

just with the way that that these. presidential administrations uh work, I. think it's it's it takes a lot of the uh. um. um you know, the the the eventfulness of. Supreme Court uh retirements out of the. equation uh if they're done with more. frequency. >> And you expect one or two retirements in. the next days, weeks, even before the publication of. your book? >> You know, I am holding my breath.

Every day that we don't have the. announcement of of one of these Supreme. Court justices stepping down, it's not. even something that that I often want to. talk about because I don't even want to. put it in the zeitgeist. Um we can we. can keep it in for the for the pod. But. like But like, you know, look, I am I am. holding my breath. We have. God willing uh Democrats take control of. the Senate in 2026 and then it's not. something that we have to worry about uh. unless of course there is some.

>> and they go. >> Unless unless correct. And and frankly. they could and I would be I would be I. would be surprised if they didn't. But. but we'll see how how committed, you. know, how how committed they are to to. trying to do that. Again, like. they have the majority and so and so I'm. hoping and praying that it doesn't. happen, but that's again another that. should be another impetus to to take. serious reforms because otherwise we're. looking at a Supreme Court that is not. just 6-3, but 6-3 where we have a bunch.

of 40-year-old justices. >> So here's my prediction. You will be on. this book tour and this will be the most. focused part of your conversation. >> Yeah. >> with folks this chapter. >> I've been I've been asked what is what. is the first thing that uh that the left. needs to do when it takes power again. And and I have said the first thing that. needs to happen is is court reform and. court expansion. >> Yeah, look, I you you're you're getting. me closer to your point of view. And uh. you challenged me. I I know we we were. talking was on your pod down in LA a few. months ago. And this notion of 13 and.

then just looking at the district courts. as that framework sort of anchor uh. the old school that the ember of a. traditional, you know, I I I mean I I've. got I'm. >> For a guy who recognized the urgency of. the moment with Prop 50, yeah, uh and in. fact the only Democratic state to have. successfully. redrawn its maps uh ahead of 2026, that. that is what I think uh is the the. natural the natural evolution um for. somebody like you. >> you. I'm done winning arguments. We got.

to we got to we got to win. And we got. to consolidate power. And again, this. book is about power. The sub headline, again, how to Wait, I mean, this is it. Wield power. Uh without it, it's all. >> Yeah. >> I mean, it's academic. >> Now, here's where I think things get a. little bit meta. The new book, The Day. After, is literally about pushing. Democrats to fight harder on range of. topics. In a conversation about the. book, again, seeking to get Democrats to. fight harder, I get to make the case to. a very prominent Democrat who may very.

well even be the Democratic nominee for. president one day about Supreme Court. expansion to point that Newsom said, quote, I'm with you. I'm done winning. arguments. We got to win. So, if that's. not a testament to the potency and. effectiveness of this book, I don't know. what is. I mean, that is the lesson of. this book playing out in real time. In. an interview about a book seeking to get. Democrats to fight, it sounds like I got. buy-in from one very prominent Democrat. to fight. In other words, the blueprint. laid out here works.

So, look, I'm going to ask that if you. think this was an effective strategy, that you please grab a copy of this. book, which is available right now for. pre-order. Here's my case to you. The more books that I can sell, the more. attention this will get. The more. attention it gets, the more that I'll be. able to make the case to more Democrats. across the country about the importance. of wielding power and fighting. You. already saw in just one interview what. it looks like when I can make the case. to the governor of California. I want to. be able to do that with everybody.

And frankly, we don't have the luxury of. having these debates once we're back in. power. Because when that moment arrives, and it will arrive, we need to move. fast. We should spend this moment making. that case, so that when we win the. election, we use that precious time. actually wielding power, passing. legislation, fixing our broken. healthcare system, ushering in a just. economy, taking strong action on. climate, passing voting rights. legislation, ensuring up our democracy, holding criminals to account for their. overt corruption, and yes, expanding the.

court. So, I'm going to put a link uh. right here on this screen to pre-order. The Day After. I'm also going to put it. in the post description, I'm going to. put it in the comments, or you can go to. briantylercohen.com/book. There, you can grab the hardcover or. audio versions. And importantly, at the. same link is tickets to my book tour. So, if you live in or around New York, DC, or Los Angeles, please come see me. in person in mid-July. Uh I'm in DC July. 14th, I'm in New York July 15th, and I'm.

in LA July 18th. Those tickets are. selling fast, so please grab yours while. they're still available. I'll be signing. books in person, taking photos in. person, and I would love to see you. there. I'm going to wrap this up with another. segment from my interview with Gavin. Newsom from his podcast This is Gavin. Newsom, which I highly recommend you. listen to in full and subscribe so that. you can hear more from him. Uh that full. link is going to be in the post. description of this video. No Lies. brought to you by Factor. So, we've all. been in this situation. You're starving, you're exhausted, you know what you.

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there's no republican thermometer. We're. getting mugged by reality every god damn. day. It's an insurance crisis. It's a. housing crisis directly connected to. financial crisis because it's becoming. uninsurable. to build homes. >> Yeah. >> Let alone insure your home. >> If if I get kicked off my insurance, uh, State Farm in California, I won't be. able to get reinsured by by State Farm. They they if you are not already. benefiting from insurance that was. grandfathered in, you're not getting it. >> And you think it's bad here, go to. Florida, go to the Gulf States, go to.

Louisiana, even go up to Montana. I was. up in Montana that was. I didn't realize what a crisis it was. even up there. >> Look, I'm I'm I got involved in politics. because of climate change. That's my. number one issue, which is which is, um, you know, I I guess uncommon today and. and I understand like I'm in a I'm. fortunate enough to be in a position. where health care is not my number one. issue because I'm contending with with. some you know, because I'm I'm. immunocompromised and and need access to. health care that I can't get. I I. recognize how fortunate I am so that. climate change can be my number one.

issue, but that is what drew me to. politics and the notion, I mean, talk. about tinkering around the edges. Like, we're having thousand-year storms six. times a year at this point. And so, what. are we doing? You know, like the the the. thing that I think is so ironic is. a lot of these Republicans, especially. these like Christian nationalists, talk. about the preservation of like of of. their heritage and and the white race. So, you want to talk about preservation? Like we we like in the the planet's on.

fire right now. And that is that is the. issue that you should that you should be. >> Traditions, lifestyles, places run off. the map, memories. >> Yeah. >> Greenville, California, and you know, Grizzly Flats, uh Paradise, California. >> Yeah. >> I mean, places, lifestyles, traditions. Thank you for using that language. because it's exactly right. It's about. our traditions, it's about our heritage, it's about our history. And then if you. have a if a creator bone in you, and if. you believe in the spirit, and you. believe in something bigger than.

yourselves, I mean, talk about what. we've been endowed that connects us to. 10,000 generations. >> Yeah. I also think like, you know, for. uh uh obviously a a a a major issue that. has that had a huge impact in 2024 is. immigration. You think that that issue. is not going to be exacerbated by. climate change. You think it's bad in. 2024. Wait and see what it looks like in. 2028. Wait and see what it looks like in. 2032. So, I mean, we are like, you know, I I I I know that that that I'm. advocating against tinkering around the.

edges. There is no issue. where tinkering out around the edges has. more consequences than when you're. dealing with climate change or or I. should say not dealing with climate. change. And then there's this blind. deference to. you know, I I I I I would watch like Don't Look Up. and it's the perfect allegory to to what. we're dealing with right now. >> I I. >> I mean, just monetizing our demise is is. what we're is what we're doing. I mean, like by heaping more tax subsidies and. entrenching our alliance on fossil fuels.

at a time where. uh at a time where we need to we need to. have transition to renewable energy. yesterday. Yeah. We need to have. transition renewable energy a decade. ago. >> Abundant, less costly, doesn't have to go through the Strait of. Hormuz. >> Yeah. >> The sun does not raise in price. >> Yeah. >> We can capture the wind. We can store. the sun, and batteries are the game. changer, large-scale batteries. >> I mean, like, you want to talk about a. generation of leaders, we have we somewhere out there.

we have the next Democratic slate of. Democratic leaders, because I know it's. not going to be Republicans who are. willing to do this, but we have a slate. of Democratic leaders who are going to. save the world. And and and I don't even. mean that um uh uh hyperbolically. Like, right now we're we're trending in the. wrong direction, and someone's going to. step in and take a big swing and do what. needs to be done and not worry about. what it looks like to focus group this. stuff before it happens.

>> that, man. Yeah. Thank you. And that's. the point. I mean, I guess I'm. reiterating. I was sort of triggered. I've been triggered by the lack of. consciousness and focus at least our. conversation and focus in my party on. the on this fundamental issue. And. meanwhile, this guy this son of a. Trump is now literally subsidizing with. your money, my money, your collectively. our money, uh these companies that had deals on. wind programs. that now are getting paid to back out of. those contracts and double down on. stupid. >> Yeah.

>> On dirtier, cleaner, less efficient, effective uh technology that has. literally geopolitically put us in this. quagmire in Iran. >> Yeah. >> Those I mean, the idea that we'd ever do. business with those companies ever again. is beyond me as well. But anyway, forgive me. The issues as well, geopolitical security in the context of. China kicking our ass, dominating the electric vehicle place, dominating the supply chains. It's. statecraft. They're flooding this zone. around the globe. >> all of the solar companies our top solar. companies are Chinese. All of the uh.

renewable energy companies. >> was making progress on this. He was. moving the needle on this. And this guy is and Democrats are. complicit now cuz we're not screaming. and yelling about this. We're not. writing about it, but you are. in The Day After. >> To listen to the audio version of this. episode, click the link right here on. the screen and make sure to subscribe. and of course to see more video content, that subscribe button's on the screen as. well.