Justice, Anthony Kennedy, steps down and the world goes insane I'm bench a pair of this is the bench a bureau shall today show is now in, or I'm not saying that I have inside information on who the president's going to pick or anything like that. I'm not saying anything like that. I'll, give you all updates on the news and we'll go through what this means, that Justice Anthony Kennedy who, as I said many times on this programme, made up his mind on how to vote basin. There he is met amusing. That morning he's gonna stepped down I'll explain, everything that means in just a second first, I would remind you that we have a special live stream. This coming Monday July second Seven pm Eastern will be joined by special guest Jordan Petersen Celebrate Independence Day. God can german border will host a new edition of Delaware backstage with me and replacement and Michael, and to look back on our countries birth and look ahead to its future with the world's most

Canadian. Subscribers will even be able to write and live question for us to answer on the air again, that is Monday July second Sevenpm Eastern four P M Pacific with Jordan Petersen. You can find a special lives from on Facebook and Youtube, so don't miss it, and you haven't heard this already. I we taking the venture Shapiro show live to audiences in Dallas in Phoenix this August, you'll be able to see me in Paris and join in audience. Unite. Tickets are going fast, the daily wire dot com, slash events to get in those last ticket orders right now: Delaware, DOT, com, slash events to get your additional seats and info already. So before we jump in first. Let's talk about life insurance. Normally, if you're sitting on the Supreme Court, you stay there until you die. Anthony Kennedy, however, did not, but we all at some point, pass and what do we do? It will be a good idea for us to have had life insurance because seventy one per people say they need life insurance. The real answer is one hundred percent of people of your family. You give people who you'd like to benefit. If you die than policy genius is the place to go, because it's the easy way to compare life insurance online- you can compare, quotes interest five minutes when it is that, is you putting it off

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dot com when it's this easy to compare life insurance, no reason to put it off policy genius, dotcom, o K. So yesterday, after we finish, this podcast Anthony Kennedy stepped down and blew up the world. So I was not expecting Justice Anthony Kennedy to step down from his position on the Supreme Court, and the fact is that I think most people were hit by truck over this. Most people in the trunk administration were very surprised by this. Maybe President Trump was not because maybe been having discussions with Justice Kennedy, but they're allowed people were very surprised by Justice Kennedy stepping down specifically because most of his legacy is going to be the gay rights. Stuff right. He was the lead writer in in a bird fellow to is the case that suggested that same sex marriage had to be the law of land use socially liberal, on issues like abortion, but he stepped down while trumpets President, and there was a republican Congress and that cut against a lot of the conventional wisdom. I, for example, thought that he was going to stick it out until there is a Democrat and whose president's that his legacy

we maintain. Instead, he decide to set down the reason I think he decided to step down and besides the fact that eighty one years old is because I think that we looked at the state of law things that the Supreme Court has issued over the last three weeks and what he saw was that there are four votes to overturn a lot of first amendment protection. Had there been three major cases in the last couple of weeks, in which five before the Supreme Court had decided in favour of free speech. But if you were to be replaced by somebody from the left and the left would immediately curtail the right to free speech. So, for example, there is a case that I discussed at length yesterday on the podcast this case, in which the Supreme Court decided that you could not be forced to pay into a union for which you did not vote and Anthony Kennedy was on the majority side of that opinion. He said that those violations the first amendment there are four votes to say that the government can force you to pay money to an association like a union that you don't want to pay into Anthony Kennedy, probably Then he said I'm not sure that I want to leave the Democrats in office because then there'll be five votes in favour of the proposition that the government can force you to pay money too.

Association that you'd alike, and then there is a case that came down in the last couple of weeks in which, for example, it said that mastered the masterpiece cake shop case where it says that if you are a religious baker, you do not have to be the cake for a same sex wedding, but only this was decided a narrow grounds only because the regulation in question was badly promulgated by the Colorado, some Rights commission. There are four votes in that case to basically suggest that any religious bigger in the country can be forced at point of and gone to cater a same sex wedding and Anthony Candy. Even though a gay rights advocate might not be the kind of guy who wants the government to force people to do what they want to do at point of gun, unsafe figure? Ok, I sat down and democratic president than there'll be five votes for the proposition that the government can force any religious person in the country to violate his or her prescriptions when it comes to business. So I think

Anthony. Can we looked at the radical left of the coordinator? I don't want my legacy to be the radical left of the court, rather rather than my legacy, be the gay rights legacied. My guess is that he wants a chief justice, Robertson, gotta guarantee from him. The robbers would become the new swing vote if same sex. Marriage were to come back up for reconsideration and Roberts will work to to tempt that down that the same sex, marriage, stuff will stay enshrined in law and his legacy will be enshrined. And he'll be fine and he will be able to step down from the court and be replaced by somebody who is more in line with his thinking on first premonitions. Now all that a speculation, but that is my strong inclination. Is that that's what happened here in any case the Kennedy steps down, and that, of course opens up a slot. Unsupported swing vote on the Supreme Court, because Kennedy has been the swing vote Kennedy had been the guy who makes the decisions in these five. Four cases have been most powerful die in the country for a long time, and that is a testament to the fact that the Supreme Court has become far too powerful and american life. You saw an enormous amount of gnashing of teeth and

killing and running of garments from latin tremendous excitement from the right at the fact that the seat is now open on the Supreme Court and Trump is going to get to fill it. And the reason for that is that the Supreme Court has become entirely too powerful, in the structure of american government. If you go back and you look at the Federalist papers and go through them every week here on Venture Bureau shall, when you go back and you look through the Federalist papers, what you see that they thought that the judiciary was going to be a relatively powerless arm of the government that its job was basically going to be to sit there, and this constitutional, and this is not, but not on the grounds they don't like a piece of legislation. In fact, the federal constitution didn't would apply to the state, so the federal Courts and the Supreme Court in particular we're supposed to be relatively toothless. Now the Supreme Court gets to decide whether everyone in the country is able to obtain an abortion is able to kill babies. The Supreme Court gets to decide whether anyone in the country is able to get married to anybody else. The Supreme Court has entirely too much power, and that is reflected in all of the focus on the Supreme Court. That's because the left his teeth,

the Supreme Court and used as a tool in order promulgated agenda. The left sees the Supreme Court as its chief tool in pushing legislation it. I can't I can't get passed through popular means: the realities leftist pushing same sex marriage, for example, for years and years, and they won't getting any place with regard to federal legislation, so they went to the court The court's gave them what they want in the same thing was drawn abortion while because you rely on the court's when the court's flipped, to the other side, there is now a lot of power in the in the hands of the right, we'll talk about what that means and what the court should be doing in just one second. First, I want to point out that dumb. You know some of us have been dreaming of being on Supreme Court, our entire lives, and, Mr President, after listening to this, I would just remind you that when twelve year old Ben Shapiro was play at the israeli bonds banquet in ninety ninety six a king talk specifically about the dreams of that young man. The bureau is twelve years old, you'll be accompanied by his father David. You began

training and the violin at age. Five, in addition to the vile anyplace chess loves baseball, completes in tracking veiled, whose goal is to become the first orthodox rabbi to sit on the Supreme Court. Many of court court will have to go it three clock on Friday, so I'm I'm not saying that the thing that I would I would take some things, the job they were offered to make. I would take I'm not saying that both in culture and David Limbaugh, seventy thousand five when I still haven't lost glacier bills, I'm not saying that I'm thirty four years old, my Supreme Court for the next sixty years, Mr President, but if you chose to make that pick what I turn it down, I don't know I don't know, I mean it's outcomes, I don't know, I'm not bad enthusiastic about it, but but ok in any case, in any case Mitch, Mcconnell says that the vote is going to come this far this fall. There will be a vote on president France, replacement justice, and you can. You can just see the glee on which on cocaine witches face so miserable conall.

Nor did a full line and anyone in the capital hell- and this is what Mitch Mcconnell sounds like when he's very, very excited about something. You should stand ready to fulfil its constitutional role by offering advice and consent on present trumps nominated to fill this right can soon. We will vote to confirm justice, Kennedys Sesar. This fall. Ok, daddy's amp doubt Mitch, Mcconnell right there, that is image Mcconnell on eleven on a skeleton enchanted spinal too, have had spiteful tat volumes all the weight of its up their movements within

there's a lot of credit for this, because it was much Mcconnell who said, I am not going to move forward on the nomination of marriage Garland and he stood strong in the face of a lot of prestige acts and its mission Mcconnell, who is largely responsible for the fact that there will be two pics for the President of the United States. President from says, he's going to pick from the current list, which makes a lot of sense has a list of twenty five possibilities. There are top five that I'm going to explain in just a few minutes. Yemeni go through the people who are being looked at with the most scrutiny according to Fred Barnes over the weekly standard will talk about how justice should be selected, but here is President Trump saying that he's gotta pick from the current list. Unfortunately, there are those of us who are not on the list, but president from says that he will pick from the west that he's gotta ready.

To replace him, but we have obviously numerous people. We have a list of twenty five people that I actually during my election. I had to twenty five little while ago, and President Trump also said last night, it big rally last night and he said that he was honoured. The Kennedy chose to step down on his watch very honoured that he chose to do during my term in office because he felt confidence in me to make the right choice and carry on his great legacy. Why? and one of the things that amazing about President Trump, you really have to you- have where the man has the devil's lock. I mean there's just no question that he has incredible lock. Now that doesn't mean it doesn't. Have. Skill in the president is very skilled at a good, many things, but he's also damn lucky. I mean the factors that George W Bush and his entire eight year term in office got to replace you justices President Obama,

and his entire eight year term in office got to replace to justice is neither of them swing. Justices president trumpet gets to replace to justice, is in the first year and a half His term raisin amazing, amazing thing in one of those is Justice Kennedy who is a swing justice president Trump was lucky enough to have job Bush to beat up on the primary need, get two billion dollars free media coverage. He was lucky enough to run against worse candidate american history, whose under full FBI, investigation and- week before the election, it was revealed that she was under renewed FBI investigation. President from was lucky enough to be there when Kendra Loon accidentally blew up his own nuclear mounted, and now he is lucky enough to be there. When Justice Anthony Kennedy steps down so lefty Gomes them is New York, Yankees picture, one said it's better be lucky, then good invariably been lucky and good. President Trump is definitely lucky. He certainly has the opportunity to be quite good here now. How should justices be selected by? How should we determine which justice they should be selected, because the fact

Is republicans have blown opportunity after a property on the Supreme Court? I may be the only conservative in America who came out against the nomination of Judge Robert for Chief Justice Roberts way back when we act in two thousand five, when, when Bush nominated Robert, I posed Roberts, because I said the man did not have a long track record of textual ism and original ism and he wasn't on record supporting strong textual s positions and when it came to controversial cases and anybody who has not openly conservative- and I don't mean conservative in the sense that their politically can sort of anybody who is not textual list or regional issues while explaining just a second

Those people tend to move to the central relatively quickly and explain why that matters in just second first hour to talk a little bit about zipper quarter, so your business needs to get better at you need to recruit a new justice to the Supreme Court. So where do you look? Well, you could rely on your friends. You can rely on people that you know to recommend somebody for a job or you could actually canvas the entire country for the best candidates and that's why you need a zipper quarters. Recruiter learns what you're looking for identifies people at the right experience and then invites them to apply to your job. Eighty per se, employers who posted job on zip, requiring get candidate through the site in just one day and zip recruitment doesn't stop there. They ve spotlight the strongest applications you receive, so you never actually missed. A great match three candidates are out. And zip recruiters, how you find them, businesses of all sizes trusted recruited for their hiring needed We, as the rapporteur here at the daily wire right now, my listeners contrived to procure for free, so go to zip brokerage outcome. Slash daily wire, zip precludes outcomes less daily, where you can try it out for free

Zipper quarter, dotcom, slash daily wire, again, there's reasonably use it here at the office, and there is no reason for you to waste a lot of time. Sifting through a bunch of bad Razumihin could have zip recruiter. Basically do it for you zip code or new. There is motorway it'll the platform that finds the right job candidate, for you go check them out right now, zip, recruiter, Jack, slash daily, where they are, this modest way to hire again zipper grids icon. It will use that slashed anywhere. You can rise to procure for freight, ok. So when it comes to selection of justices, here's what you need. You need in open and obvious commitment to original Lisbon text Truism original Lisbon textual, as are the basic notion that when you read a text when you Read the constitution of the United States you're, not reading poetry. It is not a living document. What gets reinterpret the provisions, as you see fit that day? That's not what the constitution was four and you wouldn't interpret any other people.

Translation that way, you wouldn't take the Sherman antitrust act. Ninety seven and take that take up he's legislation and then say you know what I think the Sherman antitrust ACT means that gay marriage is now legal, because the document evolves can that's not have documents work. The whole point of writing something Downers argument, hope what of legislation is that it is a piece of LA promulgated at a particular time, with a particular meaning in a particular place, if you want to change that meaning, then you can always passed another piece of legislation. We can have a constitutional amendment, for example. This is why these the count, petition, has so many amendments, because it needs to be done, in many ways, but the fact is that the constitution, the United States, does not explicitly prohibit, for example, women from voting, but the Supreme Court didn't just go back and reinterpret the the institution and say the constitution now means women can vote. There is a constitutional amendment that had to be passed in order so that women can vote because that's how legislation works. The way legislation works is that it is the legislature that should be doing the legislating. It is the job

of judges to look at the text, see what it means that what they wish. It meant that they hope it meant not what they would like it to me, but what it actually meant at the time that it was written and then they implement their text again. If you want to change the text, while that's why you have a legislator, that's why you haven't elected branch of government. The left doesn't believe in this left believes that reading the text as it is meant to be read, is instead an exercise in conservatism. It's an exercise in judicial activism to read the constitution as it was written now, if that's all backwards to its because it is it's stupid. It's the idea. There should be no guarantee that rules from above and gets to determine what everything means in their own head. So the latest example of that I mean the overshot decision that Kennedy decided as a great case of this, where Kennedy looked at the fourteenth amendments, the constitution, which was about preventing discrimination against black people and said, the fourteen amendments to the constitution, mandates that a man can marry a man all across the country now we believe that a man from evil marry a man. That's your prerogative vote for a legislature that says it's fine, that's fine, but to the idea that a judge is going to determine that from a document that was right,

zero dollars and nineteen cents in one thousand, seven hundred and eighty nine right in the bill of rights that wasn't that was probably get in one thousand seven hundred and ninety one and you're going to take that document and reinterpreted to me whatever you think. It also means that is a fundamental breach of judicial duty and that's why, when we look at the judges- but we should be looking at, is who is going to implement the constitution is written? That's their job brute. What conservatives want is for the is for the judge is for the digital era, the Supreme Court, to bring back its focused, what it was supposed to do for the Supreme Court to be just as constrained is it originally was left once the Supreme Court to implement leftist values? Ok, so how does this play up? Well, let's talk about some of the bullet sock about some of the potential nominees that President Trump is considering show. According to Fred Barnes over the weekly standard, the White House is no narrowed down its list of potential Supreme Court nominees to a top five Brett Cavenaugh, whose fifty three on the disease or court of appeals are more for power. Who is forty, nine on the sixth circuit Amy bared, his forty six on the seventh circuit

Thomas Hartman fifty two on the third Circuit and Roman Catholic. Fifty one on the sixth circuits are all these folks are relatively young. You figure that all of them will spend probably thirty years on the court, barring serious health problems. This is why the idea that Trump gets to shape the court for a full generation here is exactly right. Now. All that assumes, of course, that chief Justice Roberts isn't gonna become a Kennedy like swing vote, which I think is the dubious assumption, but its power, While that may actually have a conservative majority on the Supreme Court for the first time in legitimately generations. So here is what we know about the people who are being discussed. Brett Cavanaugh is apparently the front runner. He is also the person whose most icy hey. So I do not think the presidential Select right, Cavenaugh Dc Circuit Court of Appeals he's a former clerk for justice can be. He was elevated to the federal mentioned two thousand six after a three year delay the reader Nomination was delayed was because Democrats are upset over the fact that cabin I used to work for can star in the office of the solicitor general, and he had temerity to say that the Clinton administration targeted can start to cabinet has been on the court for quite a while. His long record is offered by three hundred dollars

he recently dissented when the circuit decided that a seventeen year old, illegal immigrants detainee had a right to an abortion. He said that the decision was called based on a constitutional principle as novel as it is wrong. He held in two thousand eleven that the Washington Dc Ban on semi automatic rifles and its gun registration requirement were unconstitutional under the Supreme Court's Heller decision, which recognise that the second amendment to the constitution was an individual right for all of these are the decisions he also held that the consumer Financial Protection Bureau structure was unconstitutional, which of course, is true as well and holds administrative decision making to a minimum Cavanaugh Harry here's where it starts to get a little bit a little bit. Dicey cabinet, like Chief Justice Roberts, is known for working across the aisle. He is on the downside. Apparently a general believer in Chevrons Efron Chevrons efforts is the idea that you have these administrative courts. These administrative law courts they get to decide your fate and you can't appeal that directly to the judiciary, said, ministries of law courts exist in the executive branch. There's a whole branch of thought that says Chevron deference is stupid, that if something is decided by, for example, the EPA that is reviewed

by a judge, because the EPA is not a judicial system. The EPA is regulatory system. Cavanaugh reportedly does not use text rulest methods nearly as much as conservatives, mice might wish, and worst he upheld Obamacare in Sicily versus Department of Health in human services, as well as seven sky versus holder, in which he may have actually crafted the rationale that Chief Justice Robertson, eventually used in calling the Obamacare penalties attacks. Remember that Chief Justice Roberts rewrote Obamacare to make it institutional, suggesting that it was a tax rather than a penalty, and it appears that Kevin on may have actually created that. Maybe I should quit that raps now, so I'm not saying the cabinet would certainly be another chief justice Roberts. But I think more likely he would be another Robert than another Gore such hey. Now, a move. Apart he's a relatively he's relatively new to the appellate court. He voted to uphold this method of legal, an injection lethal injection anymore,

in governments, meetings opening with a christian prairies and that's legal as well he's real the monetary donations, our form of protected speech under the first moment now, because the parts record is relatively thin on the court of Appeals use only appointed in the last year and a half there's not much to go on with regard to issues like abortion and religious freedom. Without said, Professor Brien Fitzpatrick Abandonment LAW, school described, the power is very slowly alike and very Thomas like and the power has criticized Richard Poseners pragmatism, posters on seven circuit court of Appeals and his terrible judge. He criticised poseurs pragmatism in traditional theory because using fragments

and rather than text would quote elevate judges to the position of co legislator, which is exactly right. Judges should not be legislating, they should be interpreting the law as it is written. His isn't. Extra list was basically a himself, so if I've troops we choose between for power and cabin, I choose the power. The best of the bunch, it seems to me, is Amy Berets Amy there. It is on the seven Circuit Court of appeals. She was caused love. You recall, when Democrats began, suggesting that her Catholicism was a bar to her ability to be an objective, judge and shoes, supposedly so Catholic, which was gonna, use her Catholicism to rule in particular cases. She says that life begins at conception. She signed a letter from the beckoned fund. Criticising Obama cares requirement that employers provide contraceptive coverage, calling equal grave violation of religious freedom. Bear has written in depth on justice. Coolly is original, ism she's evident support. Protectionism is well, she clerk, Friskily Amy Bear. It would just be first rate, should the youngest of the bunch she's a woman, and it would drive Democrats up away

because she's catholic as well. So I think Amy Bear. It is my number one choice now in just a second, I want to get to the last two possibilities for the Supreme Court according to read Barnes. These are the top five that we are going through right here, first to talk a little bit about dollar shave club. So let's talk about the fact that you look like a slob killer is in your luggage. Love is because time you go to the drugstore. You forget to pick up a razor forgets, pick up the right soap and then you run out of it you're in the shower. You look around there's no soap or you're about shaving. You realize that you you're a razor, blades or I'll bluntly we have to do that. Uk dollar shave club make sure you have everything you need to get ready in the bathroom any particular product. They knew what they ve got. Dollar shave club delivers everything you need, they ve got it shampoo condition or body was toothpaste, Churchill, even a white that leaves your but feeling Tingley clean. I particular fan of their amber and lavender calling body closer really is phenomenal. It is delightful. It smells just wonderful ended, calming indeed I mean you may get the impression from me that I am energy and a giant stress ball of a human being. Well, let me tell you,

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Whose sounds good, but his record low, but then I M bear it. Who is a good thing, is a deep textual is too deep. Original listen would be a very, very solid peck, knowing its Thomas Hartman's, Thomas Hartman. Your call was one of the last choose down to harden and gorse it from Lassie. I opposed Hartman. I supported Gore such good for me, and I was right gorse, which has turned out to be a tremendous justice. I am very sceptical of Thomas Hartman letter LEO, whose work from ST advisers has described parliament is very much in the mould of justice. Scalia well schooled on the doctrines of original is meant extremism, but hardly has never spoken openly about original is an intellectual as a member heard his traditional philosophy. So I need to hear is judicial philosophy now in I'm cases he's done great. He stood against in Jersey, while the required showing a justifiable need to allow carrying a hand and publicly that violated the second amendment, but another second amendment case. He specifically stated that the threshold question in a second amendment challenge is one of scope, adding that the inquiry quote reflects an inquiry into text in history. That sounds original list, but it's so little. But then he also here's. Here's where your dicey,

he also ruled that a plaintive could sue for sex discrimination on the grounds that he was a male treated badly for being a feminine, thus broadening the class of claims under title seven of the civil rights, accidental, seven civil rights access. You can't discriminate against someone on the basis of sex. He broaden that to include you can't discriminate against someone on the basis of their perceived a feminist, which is not the same thing at all by the whole point of title. Seven is that men can too from an eight against women in employment. That was the point of title seven: it's not that you can't discriminate it, maybe bad, but I dont seven dozens. Anything about. You made fun of guys short because you thought that it was pink or something that does not entitle seven about that. He also has ruled to strike down a fire department, residency requirements, but she termed racially motivated in that particular case. He equated disparity with discrimination by statistical modeling, stating what minority workforce representation that low suggests discrimination, that kind of logic not textual list or asked if you look at. If you look at disparity and you immediately jumped to it must be discrimination, then I've got a problem with your legal reasoning. He also ruled in favour of it.

Legal immigrants seeking asylum on the grounds that he was started by Amis. Thirteen there's an illegal immigrant who said that he would asylum in the United States and whose roof silence and is being targeted by Amis, thirteen in Honduras and die. He was refused asylum because they said well the government's post protecting their anybody tar. Biomass. Thirteen doesn't just get to claim asylum in the United States at Hartman overruled that he said that this guy got to claim asylum. Hartman is also good friends with with president from sister who sits on the honest, I believe, the Third Circuit Court of appeals and- and they are good friends- I'm skeptical apartment. I don't think that parliament would be a strong picture that two two out of the four I think would be great pics to would not be politically strong, though it gets a Raven Catholic, Roman Catholic, like Cavanaugh, As a former Kennedy clerk, unlike Cavenaugh, he's, actually expressed his judicial philosophy. So in his original confirmation testimony he said, I would make sure that the values I would be enforcing of our agenda,

not just my values that I'm not striking something down? Simply because I don't like it as a counter majority area, an aspect of our system of justice of our system of government. I would start with the tax. He also said before the Federalist Society, the quote: the court tries to find the best objective interpretation of the statute based on the statutory tax. And he said the job of the court was to determine what is the meaning that the citizens bound by the law would have described to it at the time it was approved here that sort of definitional original is We don't have a lot in terms of his in terms of his particular decision making. We do know, then twenty seeing Catholic Slam, the IRS for failing to turn over materials necessary for determining whether they discriminated against conservative groups. As far as abortion, we don't have much on Catholic Catholic was the dude, it is surely Committee Council for Spencer Abraham anew the sender when Abraham was pushing for federal abortion. Ban, so here is the bottom line. Most outspokenly textual is judged, sons list are buried in the park buried by a long shot. Cabinet has most red flags, Hartman has red flags to. We don't know enough about Catholic at this point from his rulings, but its talk of judicial philosophy is promising. Here is the poor

one since justice, since Judge Borg was nominated in the nineteen eighties and and TED Kennedy. The worst of all Kennedys came forward and started bashing the hell out of Judge Board and be a coin, the term working haemorrhages when after him and destroyed him, on public stage. Since then, there has been a tendency by republican President's denominate people who are stealth candidates to nominate people who do not have a long historic record of original Lisbon, textual ISM and you're not even allowed to. People have questions, you're not allowed to ask them. What do you think that role was wrongly decided, easy. This international hearings, all the time and Supreme Court Traditional here and somebody will say Well- was wrongly decided and the left use it as a litmus test of you. Ro is wrongly decided, they will vote for you or the right to travel at Miss test to. Of course, Rovers Wade was wrongly decided. It's a garbage case. It is a. It is one of the worst reason cases in the history of the United States and it incorporates a moral standard that is simply based on the constitution, there is nothing in the constitution, the grassy right to kill your baby in the womb. The founders would win appalled at such an ocean.

Literally nothing is there isn't there is an error asian from a penumbra that ends up what is that even mean busily what that means? Is there a bunch injustices on Supreme Court who decided they felt like gliding abortion that days the one who had made legalised abortion that day, it seems to me these should be able to ask judicial. Germany's or one be sitting on the court for the next thirty years. What they think of critical cases- and they should be able to give honest answers to those critical cases, but because Democrats have made such an cause, the web to destroy people over their positions on controversial cases. The easiest way of getting on the court is to be a stealth. Candidate was never said anything controversial, and then we never have to ask you about the things you said there are controversial. Here's my recommendation there, fifty one United States centres where Republicans that means that president in thanks to Harry, read, which all explained moment president from this

I mean sixty votes to get anyone through the Senate. So, what's ask every question: we ve got to ask what's that these candidates all the way down to the ground. We cannot afford to blow this if we get another, just a suitor having another Sandra day, O Connor. If we get another Anthony Kennedy Another John Paul Stevens there's been a massively blown opportunity, a massively blown opportunity, a historically Bonaparte, that will not come around again, because there is the sort of ghoulish death watch that happens on the Supreme Court Worrisome, waiting for somebody of the other party to die, but the Supreme Court needs to be held back into its constitutional role and its constitutional role is not to implement. Stop that like or stuff that you, like its constitutional role, is to read the constitution and apply the words of the constitution? Clearly, this is why, for example, if I wouldn't go off the board here, but so on, President Frumps List, I would be going for Senator meekly, I think, you're, my glued to the best peck of anybody has been brought up. We know where he stands politically. We know really stands constitutionally. I know where you stand. Constitutional except discuss. The constitution was

Italy centre is a deep textual list, a deep original list, and you know that we would vote to constrain the governments powers when it violates the the constitution of the United States, and he would also not use his own political preferences as the guide. Used for determining what the law allows? I like the idea of senator likely. I know people are saying. Well, then you won't have that voting. The seminary kidding. You talk, yeah right, Utah's, appointed Democrats under to film likely spot. No chance is there if you want to guarantee that this is a picnic goes through and pick their votes. The way that that, just as we should all be voting, then it should be Michael, Michael, you give aspect of the people Janie Barrett would be the best tech. As far as I am concerned, now, just a second we're going to talk about the wailing and gnashing of teeth from the left, because I have this right here. This leftist tears tumbler has been refilling. Non. Stop is the first time in twenty four hours that is not spilling over onto the desk. I've literally just left it here and it's just overflowed and we had to have a pla

come in and everything they couldn't stop at the magical leftists users flowing into it. I had a drink them hot there's, no time to let them cool. That's had that. Tell amazing was so you wanna hear all of them all you have to do is go over the dailywire dot com right now, unsubscribe, nine hundred and ninety nine a month subscription to dailywire dot com need to get the rest of the show. Live yes, Michael Knowles show live, Andrew Klavan, show, live and also means. Ask us questions in the mail bag Ivan Mailbag tomorrow, it'll be awesome. You wanna ask those questions, make sure you go over there and with the annual subscription for ninety nine dollars year. You get this. This left tears, hot or cold tumblr and, as I say, sometimes the tears are so salty and so rich and so sweet. At the same time, you could experience that you, self, if you just want the nine nine dollars, get the annual subscription. Also, please check us out over a Youtube and Itunes. Please subscribe and leave us review. We have a Sunday special coming up. This can be great this week with Adam guerrilla stopping by on Sunday, and it's a lot of fun so check that out.

While we are the largest fastest growing conservative podcasting, the nation is so the best part of all of this is how we got here. So the way that we got here is the Democrats. In two thousand thirteen decided they were tired of Republicans filibustering traditional it is not a process of filibustering. Judicial remedies did not start with Republicans. It started under George W Bush is star with Democrats trying to filibuster people like Miguel Estrada whose nominated to the Dc Circuit Court of Appeals and when it came time for Brok Obama to stack the court's Republicans, who had enough votes in the Senate. Stop filibustered, so Harry Red went forward, and he said you know what we need to get rid of the judicial filibustered. There will be no more filibuster. He was called the nuclear option once the Senate parliamentarian and got a ruling that suggested that there be no need for sixty vote to shut down available. Instead, he just got to fifty one vote vote on, rule that would get rid of the filibuster for judicial remedies and Harry. We celebrated at a time Harry

excited about it. At the time here is Harry Red whose asked about changing the GNP whose assets are changing the of Austrian, whether he was worried that maybe at some point this is true around invite him right on the ass, and here is what Harry Reed had to say about that. Let em why why in the world would we care we were trying to protect? Everybody knew they want simple majority: five, putting all these about we're gonna change rules more as asunder shimmer said. What is the choice? Continue like we are or have democracy. Ok, so he said: let him do it. If the Republicans everyone charge, let him do it? Oh yes! Indeed, let them do it and Mitch Mcconnell Cocaine, which re there when the cocaine which here he said at the time. Looking exactly the same, he said

You are going to regret this a lot sooner than you think it looks a little more PETE now because you don't want more cup, but here is mutual conall. Saying me Harry read: you are going to regret this enhanced sitting in the background, looking just as alive that as he is now here is much Mcconnell. You want to play games, so you have another proof that you will no doubt come to regret. Those are my friends on the other side of the AL. You regret this and you may regret it a lot sooner than you think, Boom Mitch Mcconnell profit. You may regret this a lot sooner than you think indeed, indeed, Harry retreated. This Ep Harry Red on the lips yesterday say Harry Without thanks to all of you who encouraged me to consider filibuster reform, it had to be done here, reed owning the webs circuits, two thousand and thirteen just just wonderful. That's wonderful! Here's an entire montage of left it at the time suggesting how much they love the idea of moving the filibusters is twenty three Democrats and this

president going to war with their enemies. Finally, this is a move. Democrats had to make Republicans put them in a position where, basically Republicans we say we are not going to honour the power of the president of this really does say the resident that we elected to actually run the government gets to run the government once the majority is blocked. All the time on relatively ordinary things. It's not gonNA tolerate. The protection of the minority, TED crews is sort of exhibit a four. Why the Democrats and why Harry we'd did what they had to do. What we had in the Senate, which likes to call itself the world's greatest delivered embody. We have paralysis and said, Things escalated, use of the fellow buster has more or less made an obsolete. On the other hand, the actual history of other filibuster views is mostly nasty, ugly, racist policy political. I love it so much today they they couldn't stand for. The filibuster was the worst thing that ever happened, a the it had to be stopped it just had.

Stop because it was so bad. It was so bad and then they stopped it and guess what I yes, I can feel the weight of right here. It grows in my hand the weight, because tears are filling up. It was here and just in the last five it's gone all the way up to here. Soon it will overflow president about the time said, we need to eliminate the routine use of the fellow buster for judicial armies because come on guys, we have to stop this. We need way it can't can't go on. I can't go on probably, but one thing that we could change without a constitutional amendment that would make a difference would be a limitation of the routine use filibuster in the Senate Back so forgive me for saying a little bit of shut and fry to hear. But yes, you you all deserve this. He had a coming, but the richest, Shouldn Fried came courtesy of people wailing yesterday Ellison. I understand why people

set. The fact is that when you believed that an institution is dedicated to the promulgation of your political ideology and then that institution might be held back into its constitutional boundaries, where it won't just declare the gay marriage is the law of the land based on nothing or we'll just declared that abortion is a lot of land based on nothing. When all that happened, then I understand why you'd be upset, but that's me we're stupid about what you think this report had been doing to begin with. This is not the job of the Supreme Court, but Dnc members who thought that they were let basically Anthony Kennedy was the last bastion of hope. So this audio broke yesterday of Dnc members legitimately wailing after Kennedy announced his retirement and is just delicious

but you were right about now. Oh, yes, people were going crazy history, Tommy leader I got out of his man, and I decided from from passive America felt he decides to tweet at you. You see gay, to which I tweeted back in time, I can try. So they sat down. Mediator really doing yeoman's work there. I it is funny to watch as Tommy Gears bosses legacy is Peter, like mattress in Moscow by russian prostitutes, pretty astonishing and then I might make the best. We yesterday was definitely from some random, Nay Mattie K between it up literally in tears. Haven't felt this helpless in a long time with just

Kennedy leaving. We now have two options: Americans get fitted for your Nazi uniform or report directly to your death camp. How do you fight the darkness without light? My spark is going out: Hashtag, Scotus, yeah yeah, that's probably that's probably gonna happen here. Is that the constitutional boundary we'll be restored and then will make you into a nazi and put you in a death camp as an exaggeration, at all guys knows it. There's a muslim and prone to exaggeration about Supreme Court and the best thing my reactions, the Obamacare decision. Well, I think I was right about the the general reaction. Was we overstated on twitter, but at least I was in sight. We're leaving the Nazi death camps are theirs that in any case, the the level of left ire, is insane and the proposed solutions to stopping this are just as wonderfully delicious. So, let's get into have left us decide that they are going to hold up the nomination of Kennedys, placement, so trucks humour. He sent a minority leader. He says that he's begging Republicans now that they should follow their rule. What exactly does he think was that rule he thinks the Mitch Mcconnell

said that we should vote on a judicial nominee in election year, while not one which will set as you should vote on the judicial nominated a presidential election year. Now I thought that rule was stupid from beginning. I don't think you should vote on in traditional nominee. They don't like, if you don't have to, because why would you would you go to confirm a bad justice just because that's the way things are supposed to go? That's not. The way things are supposed to know is why these Senate advisers and consents they are not mandated to give their consent, but trucks humorous as Neuro. I'm gonna pretending Mitch. Mcconnell actually said is that we can vote on a justice in any election year at all mid term general. We can't we get an none, What, though there will never be another vote on a judicial nominee? Will now someone women's Lana Kagan, confirmed all right. That's it doesnt. Twenty ten and ten in election year, Chuck Shimmer, begging, Republicans, not the clock and with the tool he gave them in two thousand thirteen, along with Harry, read a republican colleagues in the Senate, should follow the rule. They sit in twenty sixteen, not to conceal

the Supreme Court Justice in an election year. Ok, so yeah, that's not gonna happen. So congratulations! You trucks. You were handed the baseball bat to the other side, and now you are just begging not to be clock that Kemal Harris. She is, of course, the leader of the crazy caucus of the Democratic Party, and she says it's time to play hard, but could Maggie to complex harbour now they'll, milling problem is that all they have at this point we observed on Twitter is a whistle that so good luck with that. Here's gamala harrassing that somehow using votes, they don't have to filibuster process. They themselves newt they're, going to try to work to stop this. Are you guys gonna play hardball this time and say we're not gonna? Let you person You're not gonna, rush this through us in a few months for election database on every conversation I've had with my colleagues I find this afternoon. Everybody is prepared to play hard, but they have tools. There's no way for them to play, harbour and would have the votes it ain't gonna happen so moved. Elizabeth. More

there. She was sending up. Some serious smoke signals that she said that she was upset about this entire thing. I in fact she issue. It sounds like you're really wants to refine the battle of little bighorn here. I was before said they are our native american senator from Massachusetts. Who's not native American in any way makes a mockery of native american background proclaims. The cheers here she is explaining that Donald Trump is about to destroy that country wholesale. This woman taught at Harvard LAW School. What I was their shoes and noxious then should not just now. Tal trap has the opportunity to free make the Supreme Court for each generation a woman's right to decisions over her own body are risk. Equal rights, equal marriage is also at risk. This is the fight of our lives. If you want to be in this fight- and now is the time raise your voice, racial voice, racial voice, we do not want. Extremists, judge on the United States, Supreme Court reservoirs and watches you are ganging up. If you weren't bout, you ain't gonna majority, so listen eventually, this war.

Turn around and there will be a time when Democrats are in power again they will suffer the same way. The Democrats are now the differences that Republicans aren't interested in the Supreme Court becoming a tool of their political agenda. Republicans just want the Supreme Court to go back to the original text of the council Vision and read the constitution like any other law, would ever be read like the bankruptcy code would be read. It is Democrats who have mandated that the Supreme Court is supposed to read the constitution as a piece of leftist legislation written in two thousand seven in its absurd. When you can see, the media response here is, is so over the top and crazy comedy central. You know the place for company. They treated this out thanks Justice Kennedy supremely aft vessels that that's literally these wheeled out so well done this so much comedy in there I can't you see the comedy there so great a comedy these people- I am. I know Trevor Noah- also lost, as many have said. If it feels, like all hope, is dead, yeah sure all hope is dead.

Comedy on your show, but here is Trevor Noah. I know this news is very painful for a lot of people feels like for the next thirty years. America is going to change in a horrible direction and some ways it feels, like all hope, is dead and nothing can bring it back or, alternatively, you could get people elected to office who passed the law, that you like? Alternatively, you could vote. Alternatively, could stop relying on nine left us on the Supreme Court to pass your legislative agenda. Ineffectually go and have that legislative agenda passed by a bunch of Democrats or you write about it really loud and cry, and wine you have Chris Matthews God. There is a separate vote, as I harbour yet go. Could the gap come at a show? Gummy, I great outside, go Christmas, go it's time for german cries to play hard work, I'm Chris Matthews urging them to do just that. A signed by our by five may stop going the show and finally go and buy a comic. That's how serious I am that this situation is the reality. Is the Supreme Court never should have been this important? It is democratic made it this important. It is left to sue,

it is important and now they are reaping what they sell, and it is well well deserved, ok time for some things I like and then time for some things that I hate. So they think I like tonight is a book called the hollow hope. I journals Rosenberg there a lot of people who believe that the Supreme Court is the great hope for their agenda that the Supreme Court is going to save them. The Supreme Court is going to make the country a better place than they are going to do justice, there's a very famous story about Justice, Oliver Window homes that he was. He was deciding a particular case and using a dinner party and goes out from his dinner party, any hops in his carriage unease about right away and some very starts running after him and any he in the guy start screaming at him. Do justice. Mr Holmes. Do justice and homes looks back in me, says it's not my job to do justice, it's my job to enforce the law. Yes, this is correct. Historically speaking, for all the talk about how the Supreme Court has radically changed things, people radically overestimate how much the Supreme Court has changed.

It is my belief that, even if same sex marriage had not been passed on the federal level by the Supreme Court of the United States, that is the direction that the country was moving anyway. It is my belief that even without brown for support of education, the country would have moved away from segregation. In fact, brown for support education happens. Nineteen fifty five it takes until nineteen sixty four and civil rights ACT to forcibly desegregate south. That's what the that's the argument Gerald Rosenberg make stroll rosenbergs, not a conservative he's professor, I believe a university Chicago LAW School. I any right to become a hollow hope, can courts bring about social change and his real answer is no. The courts cannot bring about social change the best they can do it sort of lag behind and then rubber stamped the direction they think the country is going anyway. So the left it wants to use the courts as their tool of social change. The answer, if you want social change glutton, make social change, don't rely on a bunch of non elected oligarchs who sit there for life to make your agenda happen. That's not. The job of the Supreme Court is the job of the Supreme Court to enforce the greatest document ever conceived of by human beings, and that, of course, would be the constitution of the United States.

Ok time for a couple of things that I hate so Jeffrey Tube and just made an acid himself on CNN. Not not a great shout divergent legal analysed and he is going crazy, just like everybody else in the media about how the end of the world is nigh re, he, the Democrats, now become that weird guy from the New Yorker cartoons carrying around the placard. It says the easier. I say here is Jeffrey Tube in doing his the end, everything with Justice Kennedy gone. It will be add MAX beyond thunder dome people will be beating each other up, it will it will be a massacres in the streets. Gay people be running from crowds armed with pitchforks and torches. Abortions will be unavailable for anyone from his mouth to God years. Here's what he says about abortion you're going to see twenty states pass laws banning abortion outright just banning abortion and because they know that there are now going to be five votes on the Supreme Court to overturn Roby way.

Ok, so, let's be straight about this Roby way does not mandate that abortion becomes illegal again, Roby, wait if it were overturned, simply kicks this nation back to the states. Where was from beginning, so you think of the Oceans be illegal in California. Unthinkable can be illegal in New York or Massachusetts or or a wide variety of other lefty states. You're these days, you're on your there may be

restrictions in places like Alabama in Mississippi and Texas? Can those restrictions may conceive of of exceptions for life of the mother, for example, which is probably the most common exception, but for four Jeffrey tubing to suggest that it's going to this hell scape? Where, if you want to bore you, can't get what it just natural? First of all, I wish it were true. I wish it were true, but how about the left can make its case in public seat the here's the thing the left doesn't actually like democracy when the left talks about how much they love democracy and how this is going to impose on our democracy some sort of burden, the reality as they can't get people to vote for their policies. They want judges to do it for them Jeffrey Tomb in wines about this. Aren't you Jeffrey, turbans values set, should govern what people in Texas think. I don't see why my value such necessarily governed by people in Massachusetts, thing I think, on the issue of abortion, it's a little bit different, because if you consider abortion to be a form of murder, then you actually do require federal legislation on these issues, because it is the job of the government's protect life, liberty and property,

and under the fourteenth amendment to the constitution, there is equal protection of the laws which, in my view, should be applied to the on board as well. But with all that said that there is this weird antipathy towards people voting for issues. The Democrats want them to vote for so they're all pro choice when it comes to abortion, but their anti approach when it comes to everything else, their anti choice when it comes to religious bakers therein choice when it comes to whether you should have to join the union or pay a union their anti choice when it comes to how they should be able to vote on issues like abortion in general? so. They are utterly inconsistent on these issues. So it's it's! It's just it's ridiculous, but this sort of crisis mentality I unaware has been exacerbated mean we had meant we had matching waters talking about violent uprisings, essentially mob justice happening a week ago. Imagine how bad things are you going, and I said to somebody the White House. I hope your secret service protection is great, because I do not trust that there are going to be an increased number of nuts or looking to kill somebody based on the level of an tenor of politics.

In the modern American Stammer complained that the media outlined the race temperature on media. We're not gonna. Blame us ass, a nation is how the media, but the temperature is just you high for something not blow. That's that's the direction in which This is moving now it all. That said, president from give a rally last night and present from rallies are always basically our long comedy routines, but I dont think the President Trump is really Cooling down the rhetoric at All- and this is what is fans love about em is bigger, stands love the fact that President Trump likes to engage in the same sort of fisticuffs that the left engages in, and I understand the the tendency of the aid to do resonates stuff. So I think this is helping the country move forward. Many positive way- probably not here, is Donald Trump going after Joe Crowley, who was just defeated in a primary by Alexandria, Sanchez, Ossetia, Sanchez, chemicals. We socialists twenty eight year old, whose new face the Democratic party. He goes after Joe Crowley. Here's what you had to say last night, we had a great evening because we watch that,

our vision and we were winning left and right. They didn't know what the hell happened and one of my biggest critics slovenly man named Joe Crowley, got his ass, kicked, Slovenly man named Joe Crowley. I just love. They asked a stick. His boot on the guide, the personal Crowley was less and had from them. The person or replace them by this is this is any is really going to make the country better, not really sure. I also do of the blindness of of some people to the fact that President Trump is not exactly captain civility so present from himself says you imagine if I said what Maxine Waterside years when he sent his rally last night, Maxine she's a beauty. She practically was telling people the other day to us. Or can you imagine if I said the thing she said, we demand that he immediately drop out of the race. Can you imagine seriously if I said that or somebody else,

horrible what you said. I can imagine that because it happened a lot, so I enjoy president drums. Comedic timing- I am going to remind people that the President of the United States did say things about punching people with whom you disagree, knock the crap out of them. I promise you I'll pay your legal fees on June 30th, I'd like to punch him in the face. Maybe you should been roughed up yet the president is not quite captain to nobody before we, where we say that all of this is on the Democrats. I think a lot of it is on the Democrats, but I dont think that it is bringing down the temperature in any real way for the President of the United States to use that kind of language all right. So I've been Shapiro. This is the I Shapiro show will see producer Jeremy Tomorrow Court is hereby adjourned.

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