Pod Save America
Pod Save America
February 22, 2026

Will Donald Trump Defy The Supreme Court in Tariffs Case?

Quick Read

This episode dissects the Supreme Court's tariff ruling against Trump, the shifting public opinion on trans rights, the strategic utility of 'cringe' in political movements, and the real drivers of housing unaffordability.
The Supreme Court blocked Trump's emergency tariffs, but he can reimpose them through other legal, albeit slower, means, continuing global trade instability.
A new poll reveals a public backlash against trans rights policies, especially for minors, but strong support for anti-discrimination protections.
The 'cringe' often associated with grassroots activism is a sign of broad, 'normie' participation essential for successful mass movements.

Summary

John Love and Jerusalem Demsus discuss a range of pressing political and social issues. They analyze the Supreme Court's ruling against Trump's emergency tariffs, noting that while the specific mechanism was blocked, Trump has other legal avenues to reimpose tariffs, leading to global trade instability. The conversation then shifts to a controversial poll by Demsus's media company, The Argument, revealing a significant public backlash against certain trans rights policies, particularly concerning minors and bathrooms, while support for anti-discrimination measures remains strong. Demsus argues for a strategic reframing of the trans rights movement. The episode also explores the concept of 'cringe' in political activism, reframing it as a sign of broad, 'normie' participation crucial for mass movements. Finally, they tackle housing affordability, debunking the outsized focus on institutional investors and highlighting the true impact of restrictive local government processes on building new homes.
Understanding these dynamics is critical for navigating the current political landscape: Trump's continued influence on trade, the evolving public sentiment on LGBTQ+ rights and how progressive movements can effectively respond, the nature of effective political mobilization beyond online aesthetics, and the often-misunderstood root causes of the housing crisis. The insights offer a more nuanced view of complex issues, challenging common narratives and suggesting strategic pathways forward.

Takeaways

  • Despite a Supreme Court rebuke, Trump can still implement tariffs, potentially leading to long-term US economic isolation.
  • Public opinion on trans rights is polarizing, with declining support for policies concerning minors but strong backing for anti-discrimination.
  • The focus on 'cringe' in activism often dismisses genuine, broad-based participation, which is vital for political change.
  • Institutional investors are a minor factor in housing unaffordability; the real culprits are local government delays and restrictive building policies.

Insights

1Supreme Court Ruling on Tariffs Curbs Executive Power, But Alternative Pathways Exist

The Supreme Court ruled against Trump's emergency tariffs, rebuking his use of emergency powers. However, the guest notes this was largely expected and that Trump can still impose tariffs through other existing legal authorities, which require more process but are permissible. This means the instability for businesses and countries will likely continue, even if the immediate 'Queen of Hearts' style implementation is blocked.

The court's ruling rebuked Trump's emergency tariffs (). Trump stated he could impose tariffs through 'other legal means' (). The guest confirms 'there were legal pathways for Trump to impose tariffs' () which are 'less dramatic pathways' () but still allow significant tariffs, just with more administrative process ().

2Public Opinion on Trans Rights Shows Backlash, But Core Anti-Discrimination Remains Popular

A poll by The Argument found a significant backlash against certain trans rights policies. A majority of Americans now believe people should use bathrooms corresponding to their sex assigned at birth and oppose puberty blockers or gender surgery for minors, even with parental and doctor consent. However, a strong majority (63%) still supports banning discrimination against trans people in hiring and housing, indicating a nuanced public sentiment.

The poll found a majority of Americans saying people should use the bathroom corresponding to sex assigned at birth (). Majority opposes puberty blockers () and gender surgery for minors (). Good news: 63% favor banning discrimination against trans people in hiring and housing ().

3Right-Wing Strategy and Progressive Misjudgment Drove Trans Rights Backlash

The shift in public opinion is attributed to two main factors: the right-wing's strategic investment of hundreds of millions of dollars to focus the debate on less popular issues like sports, bathrooms, and children in schools, learning from past failures (e.g., North Carolina bathroom bill). Concurrently, progressives misjudged the country's readiness for broader gender non-conforming acceptance, focusing on visibility rather than core anti-discrimination, which triggered more bigotry.

Hundreds of millions of dollars spent by the right to focus attention on issues like sports and children (). Republicans learned from the 2016 North Carolina bathroom bill backlash (). Progressives misjudged how far the country had come on these issues, interpreting opposition to bathroom bills as broader acceptance ().

4The 'Cringe' Label in Activism Reflects Insecurity and Dismisses Mass Participation

The concept of 'cringe' applied to political protests (e.g., 'No Kings' signs) is framed as a manifestation of insecurity and fear, often stemming from a 'high school' mentality afraid of what 'cool kids' think. True mass movements, by nature, involve 'normie' behavior, including earnest, imperfect displays of emotion, which are essential for broad engagement and success. Dismissing 'cringe' can be a form of cynicism or an elitist dismissal of genuine, non-expert participation.

Guest states 'cringe is just normie behavior and if you don't win the normies, you've just lost' (). 'If the losers aren't with you, if the moms aren't with you, if the grandpas aren't with you, like it's like not going well' (). The host suggests 'cringe' is 'being uncomfortable with earnest displays of emotion' () and a 'very high school, very afraid of what the cool kids are going to say' ().

5Institutional Investors Have Minimal Impact on Housing Affordability; Local Obstacles are Key

The narrative that institutional investors (e.g., Wall Street firms) are driving housing unaffordability is largely a media-fueled misconception. These 'mega investors' constitute a tiny percentage (around 2.2%) of the housing market. The real problem lies in local government processes, including loopholes for lawsuits, discretionary approval, and delays, which significantly increase construction costs and reduce housing supply, effectively denying housing even when projects are fully financed and compliant.

Mega investors made up 2.2% of investor purchases in June 2025 (). 'This is like a tiny tiny amount' (). The central critique of housing progress is 'so many veto points to actually getting housing built' (), including loopholes for lawsuits and discretionary approval processes in local government (). 'Housing delayed is housing denied' ().

Bottom Line

The US's reliance on unilateral tariff actions, even when legally challenged, pushes other nations to form bilateral and multilateral trade agreements that exclude the US, potentially leading to long-term economic isolation and diminished global market influence.

So What?

This trend undermines US economic power and influence, as global supply chains and markets reorient away from dependence on the American market, impacting future trade relationships and economic growth.

Impact

Policymakers should prioritize stable, predictable trade policies and engage in multilateral diplomacy to re-establish the US as a reliable trade partner, preventing further erosion of its global economic standing.

The critique of 'cringe' in political activism often masks a deeper cultural insecurity or an elitist dismissal of genuine, broad-based participation, which is essential for successful mass movements.

So What?

Focusing on 'coolness' or aesthetic perfection in activism alienates the 'normies'—the average people whose engagement is critical for electoral change and sustained movements. It prioritizes a niche, often privileged, online aesthetic over real-world impact.

Impact

Progressive movements should actively embrace and celebrate diverse forms of participation, including those deemed 'cringe' by online subcultures, to foster broader engagement and build more powerful, inclusive coalitions.

Opportunities

Ideologically-Driven Media Platform for Liberalism

Create a media company (like 'The Argument') that explicitly aims to reinvigorate political liberalism by focusing on core issues (economic growth, gender/family, AI/tech) and providing a framework for meaning, not just technocratic answers. This platform would actively publish diverse, even contentious, liberal viewpoints and foster meaningful debate, moving beyond both 'moderate' and 'progressive' echo chambers.

Source: Jerusalem Demsus's experience founding 'The Argument'.

Key Concepts

Politics as Identity

The idea that political affiliation and actions have become central to an individual's self-perception and social standing, leading to heightened emotional responses to political 'cringe' or perceived missteps by their 'team'.

Housing Delayed is Housing Denied

A principle highlighting how bureaucratic delays, discretionary approval processes, and legal loopholes in local government significantly increase the cost and reduce the supply of housing, regardless of initial public or legislative support for development.

Lessons

  • Reframe the trans rights debate: Shift focus from contentious issues like minors' medical care to widely supported anti-discrimination protections in housing and employment, emphasizing 'equal treatment' over 'special treatment'.
  • Embrace 'normie' activism: Recognize that 'cringe' is often a sign of broad, earnest participation. Encourage diverse forms of engagement in political movements, prioritizing mass appeal over niche aesthetic approval.
  • Advocate for housing policy reform: Push for state-level legislation that limits local government's discretionary power over housing approvals, streamlines permitting, and eliminates loopholes that enable endless delays and lawsuits, thereby reducing construction costs and increasing supply.

Reclaiming the Trans Rights Narrative for Broader Public Support

1

**Focus on Core Civil Rights:** Emphasize and campaign on issues where public support is strong, such as banning discrimination against trans people in hiring, housing, and public accommodations. Frame these as fundamental rights to equal treatment.

2

**Reframe Around 'Freedom':** Position trans rights within a broader 'freedom' narrative—freedom from government interference in personal medical decisions (with doctors and parents), and freedom to live without discrimination. This resonates with a wider audience, including those who may be socially conservative.

3

**Counter Right-Wing Narratives Strategically:** Acknowledge that the right will continue to focus on polarizing issues (sports, minors). While not abandoning these, ensure the primary public messaging consistently returns to the 'freedom and equality' framework and the popular anti-discrimination stance, rather than conceding the debate to the right's chosen battlegrounds.

Notable Moments

The hosts and guest share personal anecdotes about paying unexpected tariffs, highlighting the direct consumer impact of Trump's trade policies.

This humanizes the abstract concept of tariffs, showing how broad policy decisions can lead to frustrating and unexpected costs for everyday citizens, like hundreds of dollars for a wedding dress or $30 for a rug.

Jerusalem Demsus recounts interviewing an 80-year-old man at a 'No Kings' protest in Berkeley, who had never protested before but felt compelled to act, despite his sign potentially being deemed 'cringe'.

This anecdote powerfully illustrates the argument that 'cringe' activism often represents genuine, first-time civic engagement from 'normies' and older generations, underscoring its importance for mass movements rather than being a subject of online derision.

Quotes

"

"Trump loves in every conversation to like have his cake and eat it too. Like it sucks that you did that, but it doesn't actually matter at all and like who cares and like we're going to make America great again. Also, America is also great, but we're going to keep saying make America great again because MAGA is a great slogan."

Jerusalem Demsus
"

"If your decision is that your goal is to enact electoral change, um you need to stop thinking about elected officials as your friends or people who are going to be loyal to you, especially when it comes to rights movements where you're unpopular."

Jerusalem Demsus
"

"Cringe is just normie behavior and if you don't win the normies, you've just lost."

Jerusalem Demsus

Q&A

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