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Gideon Resnick: Its Friday, January 28th. Im Gideon Resnick.

Priyanka Aribindi: And Im Priyanka Aribindi, and this is What A Day, where were pleased to announce that our boomer allies have finally found out about Wordle.

Gideon Resnick: I think they will find it much harder to fall down alt-right rabbit holes on the cute word puzzle than in the Facebook hellmouth.

Priyanka Aribindi: Yeah. A five-letter word for insurrection? Trick question, there isnt one?

Gideon Resnick: Ideas show workers at an Amazon facility raise concerns about a mailbox again ahead of another union vote. Plus athletes are told to use burner phones at the upcoming Winter Olympics in Beijing.

Priyanka Aribindi: But first, Supreme Court Justice Stephen Breyer formally announced his retirement yesterday and delivered a brief remarks at a White House ceremony, including this one on the American experiment:

[clip of Justice Stephen Breyer] I say I want you to pick just this up. Its an experiment thats still going on. And Ill tell you something, you know who will see whether that experiment works? Its you, my friend. Its you, Mr. High School student. Its you, Mr. College student, its you, Mr. Law School students. Its us, but its you. Its that next generation and the one after that, my grandchildren and their childrentheyll determine whether the experiment still works. And of course, I am an optimist, and Im pretty sure it will. Does it surprise you that thats the thought that comes into my mind today? I dont know. But thank you.

Gideon Resnick: Wow.

Priyanka Aribindi: Wow, that is right. I know he is not threatening us. It just felt a little, a little threatening to me. Its fine. President Biden reaffirmed his commitment to nominating a Black woman to the Supreme Court and said that he would announce his choice by the end of February.

[clip of President Biden] I will select a nominee worthy of Justice Breyers legacy of excellence and decency. While Ive been studying candidates backgrounds and writings, Ive made no decision except one: the person I will nominate will be someone with extraordinary qualifications, character, experience, and integrity. And that person will be the first Black woman ever nominated to the United States Supreme Court.

Priyanka Aribindi: So now that all of this has been formalized, lets talk about some of the responses that weve heard so far.

Gideon Resnick: Yeah, this is really only the beginning, but theres a lot. Here is just a brief overview. Some civil rights organizations are already gearing up to support the eventual nominee and really to counter any likely campaigns against her from conservatives. And already, Senate Minority Leader Mitch McConnell said in a statement that Biden should not be influenced by the quote unquote radical left in making his decision. All right. Meanwhile, on the Democratic side, Senate Majority Leader Chuck Schumer said again that the confirmation process is going to move quickly. Senator Kyrsten Sinema said that she looks forward to quote, thoughtfully examining the nomineeand this ones interestingSenator Joe Manchin said that he wouldnt mind if the nominee is more liberal than he is, noting that from his perspective, Priyanka, it is not hard to be more liberal than he is.

Priyanka Aribindi: And on that, he is correct.

Gideon Resnick: He is correct right there. Manchin and Sinema has voted to confirm all of Bidens nominees to the lower courts so far, which is an encouraging sign for how they might end up voting here. So all that being said, on yesterdays show, we went over Breyer, the replacement process, and the general future of the court. And today we want to dive in on all the potential political ramifications this could have in the near and long term.

Priyanka Aribindi: Yes. And for more on that, I spoke with the one and only Dan Pfeiffer, former White House Communications Director during the Obama administration and one of the hosts of Pod Save America. I started by asking him about the impact that this could potentially have politically for Democrats as we head into midterm election season.

Dan Pfeiffer: Well, I think it will have a galvanized effect for Democrats. We need a win. Its been a rough few months for Democrats. Getting to appoint a qualified history-making nominee with the first Black woman ever, I think, will be a boost to Democrats political fortune. I think it will give us something to rally around. One of the reasons why Bidens approval numbers have taken a hit is hes lost ground with Democrats, and I think hell be able to get some of that back by delivering on a core campaign promise.

Priyanka Aribindi: Do you think its too far out from the midterms to have an effect? Or do you think that this type of thing kind of carries on into, you know . . . ?

Dan Pfeiffer: I dont I dont think its a game changer per se, but I think we need to build some momentum towards the midterms. And so having some success over the next couple of months to get this confirmation in I think is pushing us in the right direction. So I dont think this is going to be like necessarily the Kavanaugh fight was for Republicans or the Amy Coney Barrett one was happening like minutes before the election, but it will certainly be helpful to Democrats, presuming everything goes the way we want it to go.

Priyanka Aribindi: OK. Also in the news this week: yesterday, we got some promising new numbers. The economy grew 1.7% in the last quarter, bringing the total growth in 2021 up to 5.7%. I believe thats the largest figure since the mid 80s. So good numbers there. Based on polling on the other hand, the public has not been too happy with Joe Biden in recent months. But how do good job numbers affect the president, the party in power, and how do those kind of square with the economic realities that most people are facing right now?

Dan Pfeiffer: This is probably the most narratively complicated economy in modern political history. You have 2021 was the year with the greatest private sector job growth in history, you have these growth numbersall the macroeconomic factors look incredibly strong. And particularly when you put it in the context of what President Biden was able to get us out of so quickly of what he inherited from President Trump. Yet people are pissed about the economy. Theyre incredibly angry. In every poll, people are more frustrated, angry about the economy than the pandemic. They believe that Democrats are not focused enough on the economy, and it is one very specific thing, it is inflation. And people are feeling inflation in their pocketbook and their wages are not going as far as they were before, they are paying more, particularly last year, at the gas station, grocery prices are upand that is clouding out all the other economic good news. People dont care about any of the other stuff because their dollar, their hard-earned dollars, are not going as far as they would like them to go.

Priyanka Aribindi: Right. Lets switch gears a little bit and talk a little more broadly about the midterms, which, like it or not, theyre coming later this year. Always a crazy realization for me every time I think about it. Traditionally, midterm elections have, um, shit turnout. Theyre known to be really tough for the party in power. Turnout was actually pretty high during the Trump years midterm, but it still wasnt great for him, obviously, in terms of outcome. Can you set the stage a little bit for us? What are Democrats and the president kind of walking into the midterms with? Whats it looking like?

Dan Pfeiffer: If you look at all the various factorsand I promise this will get a little bit better, but its going to start really hardall the various factors, Democrats are in a terrible position. This is the first midterm of a president, which is almost in every single case other than George W. Bush 2002, devastating for that president. Its happening in a redistricting year where Republicans control more of the maps than Democrats. Now there is some good news in this. One, with two thirds of the redistricting process done, I wouldnt say its been favorable to Democrats, but its been a lot less bad than we thought. And Democrats have opportunities to pick up a lot of seats in states like New York and Illinois that have been very aggressive in the redistricting process. The Senate map, to our great fortune, is very favorable to Democrats this year. We can not only keep the majority, but also expand it by a couple of seats, by only winning states that Joe Biden won in 2020that is Nevada, New Hampshire, Georgia, Pennsylvania, Wisconsin. Thats six states. The Senate map generally is very bad for Democrats, and so it is a great fortune that we end up this year with a good map. That only happens every decade. We also have a very legitimate chance to hold on to key governors races in Pennsylvania, Michigan, Wisconsin, Nevada, and pick one up in Georgia, where in Arizona, where we have great candidates running with Stacey Abrams in Georgia and Katie Hobbs, among others, in Arizona.

Priyanka Aribindi: Got it. OK. Actually, Im very glad were talking because Im feeling a little bit better than I was 10 minutes ago. In the House and the Senate, democrats have very slim majorities at the moment. What is kind of the worst-case scenario? Obviously, well talk about the good stuff, dont worry, but what happens if they lose these majorities or the House majority?

Dan Pfeiffer: So if we lose the House, theres two things that we have to be very clear about. One, Joe Biden will not pass another bill of substance in his first term. And I think it is highly likely the House will begin impeachment proceedings against Biden for some trumped up, made up, thing.

Priyanka Aribindi: Right.

Dan Pfeiffer: And there will be endless investigations that would make Fox primetime blush in terms of its absurdity, will all happen in the House. If we were to lose the Senate, it is likely that Joe Biden would not confirm another judge of consequence in his first term. The Republicans are definitely favored in the House, and I think the Senate is a coin flip, but thats because the map benefits us, and what will really determine what happens in the Senate is what happens in the Republican primaries. You know, they are more electable Republican candidates facing off against some pretty Trump-y Republican candidates, and who wins those primaries could help determine how we do there.

Priyanka Aribindi: Got it. OK, so lets talk about the flip side. What if they win? And obviously Im not a hater, but its been a tough few months watching a lot of the priorities that Joe Biden ran on get shot to the ground by members of, you know, his own party. So whats the case the Democrats are trying to make to keep their jobs and, you know, expand their majorities? What happens for us in the best-case scenario?

Dan Pfeiffer: Well, the best-case scenario in the Senate is that we get up to 52 senators, which is very mathematically possible because we have pickup opportunities in Wisconsin and Pennsylvania, where Ron Johnson is running for reelection in Wisconsin and Pennsylvania is quite a Republican primary. Dr. Oz, the head of one of the worlds largest hedge funds, whose remade himself into a MAGA candidatetheres a whole bunch of crazy stuff happening there. But if you get the 52 senators, we never have to say the words Manchin and Sinema again. In both the Wisconsin and Pennsylvania Senate primary, the major candidates have said they would be for getting rid of the filibuster. So you can see a world where we get to 52 and could eliminate the filibuster. And if we still have the House to pass legislation, could deal with voting rights on day one.

Priyanka Aribindi: Got it! OK, you dont have to tell me twice. Good to know. OK, but thanks to Republicans and a couple Democratic senators, we do not have federal voting rights legislation as we head into this election. You wrote about this in your last issue of Message Box, your newsletter. But in the face of all these voting rights restrictions that are going on around the country, how do Democrats win elections now? Is there something specifically that we should be focused on? How is this possible?

Dan Pfeiffer: Well, were going to have to win in an environment of voter suppression. That is the world were going to live in. There will continue to be some measure of court cases to try to push back on some of those efforts, but we have to recognize that the environment that Joe Biden won Georgia in, in 2020, is going to be tougher for Stacey Abrams and Raphael Warnock because of voter suppression. And its going to require hard work and organizing and getting people on the ground as soon as they can and educating voters about these new rules. And its going to be a ton of work. And its completely unfair and its probably unconstitutional and its wrong, but were going to have to live in that environment. But we also have to think not just about voter suppression, but about election sabotage, because we know that Republicans are running these 2022 elections to put themselves in a position to ensure that no matter what happens in the Electoral College or the popular vote in 2024, they will have the opportunity to install Donald Trump or whoever the Republican nominee is in the White House despite losing the election. Parts of the Freedom to Vote Act would have dealt with that. The best way to fight that is at the local level by electing governors, secretary of state candidates, and even in some states like in Arizona county recorders of deeds are the local election officials. And so Run For Something, a group that we have worked with the Crooked Media at lot, has been recruiting and training candidates to run in those races to try tobecause Republicans have been doing this. Theyre recruiting believers in the Big Lie to run up and down the ballot everywhere.

Priyanka Aribindi: Yikes.

Dan Pfeiffer: They are pouring money and resources into this because they know thats where political power is, and we have to do the same thing on our side.

Gideon Resnick: Youll be hearing more about all of this very soon. We are quite sure of that, but that is the latest for now. Its Friday WAD squad, and for todays temp check, we are back on our favorite beat, which is Sarah Palins battle with the New York Times by way of her battle with the novel coronavirus. So as we know, Palins defamation trial against the Times was postponed this Monday after it was revealed that she had tested positive for COVID. She had not gotten the vaccine, probably under the impression that she could outrun COVID aerosols on a snowboard. The story got even more interesting after the postponement, as it became clear that Palin had eaten inside the pricey Italian restaurant Elios in Manhattan on Saturdaythis is a place I was not familiar with quite honestly until this story

Priyanka Aribindi: Me either.

Gideon Resnick: Now I am deeply familiar with itleading many to question how she had managed to get around New York Citys COVID vaccine mandate.

Priyanka Aribindi: Yeah, it is not known if Palin had tested positive before or after her Saturday Elios trip. But since her diagnosis, she has continued to sample New Yorks finest restaurants, eating at a different fancy Italian place on Tuesday, though this time she was outside, and returning to Elios eat outside on Wednesday. Back to the original scene of the crime.

Gideon Resnick: What!? OK.

Priyanka Aribindi: So as we go to record, she is surely working through a tray of hot lasagna on a Manhattan sidewalk somewhere. Her new status as the Typhoid Mary of pasta places is so undeniable that even the mayors office has had to address it, with a spokesman for Eric Adams saying quote, We encourage any New Yorker who came into contact with Sarah Palin to get tested.

Gideon Resnick: Dear Lord.

Priyanka Aribindi: I mean, she comes with a warning. Now Gideon, you and I are not public health experts, so weve been reluctant to offer too much pandemic guidance in the past, but this seems like one topic where we are uniquely qualified to weigh in. So my question is how would you advise someone who is seated next to a COVID-positive Sarah Palin at a restaurant?

Gideon Resnick: Well, I would say its unfortunate that you are in this position, but I hope that you have a syringe on you, because if you put a syringe on the edge of the table in eyesight of Sarah Palin, she could be led to think that it may be a vaccine and she may not want to be near said vaccine and may very well leave. And that gives you the opportunity to finish your lovely Italian dinner. Priyanka, what do you think about all of this?

Priyanka Aribindi: Yeah, OK, if you find yourself in this scenario, you are seated next to COVID-positive Sarah Palin, one, get the fuck out of there. Two, question everything that has ever happened in your entire life to lead you to this point. What are you doing dining at the same place as her? Youre messing up somewhere.

Gideon Resnick: Its true.

Priyanka Aribindi: I hate to break it to you.

Gideon Resnick: Just like that, we have checked our temps. They are at a normal temperature because we dont have fevers from contracting the novel coronavirus near Sarah Palin at this time.

Priyanka Aribindi: Havent been in contact with Sarah Palin, so were all good.

Gideon Resnick: We can affirm that, and well be back after some ads.

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Supreme Courting The Voters with Dan Pfeiffer - Crooked