Trump makes his big Supreme Court pick and the left has a complete and utter meltdown. President Trump announces his new Supreme Court nominee, and the Left has a full on meltdown. Ben Shapiro breaks it all down and explains why it's so important to have gold and precious metals in your possession. Ben Shapiro is the host of the Daily Wire podcast, "The Ben Shapiro Show," and is a regular contributor to the conservative website, The Weekly Standard. His newest book, "Conspiracy Theories" is out now and is available for pre-order on Amazon Prime and Vimeo worldwide. See linktr.ee/TheConversation Subscribe to The Conversation to get immediate access to all of our newest episodes and listen to live Q&A episodes wherever you get your podcasts. Use the promo code: CRIMINALS at checkout to receive $10,000 in gold and silver for your first purchase. You'll get 10% off your first month with the discount code: "ELISSA" at checkout. If you like what you hear, please HIT SUBSCRIBE and leave us a rating and review on Apple Podcasts and we'll give you 5 stars and a review! You can also become a patron of The Conversation by becoming a patron and get 20% off the entire site for the rest of the month! Subscribe, rate, review, and subscribe to our new episodes starting July 17th through July 20th! The Conversation. Thank you for listening to The Ben Shapiro's Daily Wire Podcast! and The Daily Wire. - Ben Shapiro - Subscribe, Subscribe, Share, Share and Retweet this with your friends and family? Subscribe and review Ben Shapiro Podcasts, share the podcast, comment us on your thoughts on your favorite podcasting platform, and share it on your social media platforms! We'll be looking out for Ben Shapiro and other awesome things that Ben Shapiro does it on social media! - Thank you Ben Shapiro s work! Love you, Ben Shapiro! & much more! - The Best of Ben Shapiro & Brett Strong - The Raldsy's Workday - Yours Truly Truly Amazingly Brilliant? - Thank You're Amazingly Awesome! - Thank You, Brett, Brett & Brett Gooden - Kristian Gooden, and much More! - Your Support & Support Me, Kristian McRee - AJ & Andrew Klavan
00:00:11.000There are certain days when this right here, it just keeps overflowing, overflowing, and overflowing.
00:00:16.000And today, we basically had a massive plumbing problem because the leftist tears that were in this tumbler just kept flowing upwards and outwards.
00:02:40.000Everybody waiting on tenterhooks to see who exactly President Trump would pick to replace Justice Anthony Kennedy on the Supreme Court.
00:02:47.000And Trump did a great job of holding that secret all the way up until the last minute.
00:02:50.000It was only about 45 minutes before the event that those of us in the know began to figure out that it was definitely Brett Kavanaugh.
00:02:57.000That was when Judge Amy Coney Barrett was discovered back in Indiana, so she wasn't in Washington, D.C., and Kethledge had basically been ruled out.
00:03:03.000And then there were rumors that Kavanaugh was headed over to the White House.
00:03:10.000The White House pitched this thing like a reality show because that's what President Trump does best.
00:03:13.000They actually put out a little 15-second clip of a camera moving toward the White House podium and then scrolling up toward the microphone before it cut to black.
00:03:52.000For a lot of people on the right, there are a lot of rulings where it doesn't go the way you would want it to go politically, but it is the way that the Constitution protects things.
00:04:11.000Trump is exactly right to say that about Kavanaugh.
00:04:13.000It's also smart to say that, obviously, because people think that Trump asked Kavanaugh if he'd overturn Roe v. Wade, and Kavanaugh said yes, and then Trump picked him.
00:04:19.000There's also a rumor going around today, put out by, I believe it was ABC News, completely unverified, that Brett Kavanaugh was basically chosen by Anthony Kennedy.
00:04:27.000That Anthony Kennedy, when he decided that he wanted to step down from the court, went to the Trump administration and said, I'm only going to step down while you're president, so long as you make Brett Kavanaugh my successor.
00:04:37.000The mainstream media are pushing that like crazy today, suggesting that it was all a corrupt bargain, that Kennedy was appointing somebody who would continue to promulgate his legacy.
00:04:48.000Even if that were true, I'm not sure why the left would be upset about that, considering that Kennedy was a left-leaning judge on a lot of the key issues, including same-sex marriage and abortion.
00:04:56.000If he were appointing his own successor, you would think that the left would take solace in that fact.
00:04:59.000But in fact, there is no evidence that any of this ever happened.
00:05:01.000The reporter who originally repeated the story said she had no evidence that it happened.
00:05:04.000She had just heard rumors to that effect.
00:05:20.000The president ushered him up to the podium.
00:05:23.000And then Brett Kavanaugh came forward and everybody went, oh my God, that's Brett Kavanaugh's music!
00:05:28.000And then he sort of charged forward to the microphone and then he proceeded to give a speech about his background and his past and then his judicial philosophy.
00:05:35.000Here's what he had to say about his judicial philosophy.
00:05:37.000My judicial philosophy is straightforward.
00:05:40.000A judge must be independent and must interpret the law, not make the law.
00:05:46.000A judge must interpret statutes as written.
00:05:49.000And a judge must interpret the Constitution as written.
00:05:53.000Informed by history and tradition and precedent.
00:05:58.000Okay, the reason that he adds precedent right there is because precedent is a fudge word.
00:06:02.000If he had just said a judge must interpret the Constitution as written, informed by history and tradition, we'd all say, great, that's Thomas's standard, that's Scalia's standard.
00:06:09.000By adding the word precedent, he allows himself a little bit of wiggle room, so when people on the left say, well, you'd overrule Roe v. Wade, wouldn't you?
00:06:15.000He'd say, well, listen, precedent is still precedent.
00:06:17.000Precedent is a legal fudge word, and Kavanaugh is fond of using it.
00:06:22.000You know, I think that Kavanaugh is, in short, a stand-up double for the president.
00:06:25.000I'm not sure that he's a homerun for the president.
00:06:27.000I think there are a lot of good things about Kavanaugh.
00:06:29.000I think that Trump could have gone for broke.
00:06:42.000He says that he teaches about the Constitution's separation of powers.
00:06:46.000I teach that the Constitution's separation of powers protects individual liberty.
00:06:53.000And I remain grateful to the dean who hired me, Justice Elena Kagan.
00:06:58.000So he's dropping Elena Kagan's name right there because he's trying to win over some wavering Democrats.
00:07:03.000Also, when he says that he teaches that the separation of powers protects individual liberty, that is him slapping at the so-called Chevron defense.
00:07:10.000So as I've explained on the program before, there's a very famous Supreme Court case called Chevron, in which the Supreme Court essentially declared that administrative agencies ought to be given almost complete deference when it comes to the decisions that they make about individuals.
00:07:22.000So the EPA decides that your toilet is now a protected federal waterway, and they decide to fine you based on that, and you sue the EPA.
00:07:28.000And the EPA has an administrative procedure, you have to go through the administrative procedure, and then it comes out against you.
00:07:34.000So you decide to go to the judiciary branch, right?
00:07:37.000You decide instead to sue in federal court.
00:07:39.000Chevron deference would suggest that the EPA could make the final decision on all of that.
00:07:43.000The more conservative judges like Kavanaugh, people who believe in separation of powers, believe that Chevron deference is a mistake and that you can't give executive agencies the power to rule on the rules that they make themselves.
00:08:33.000There's an article over at Reason Magazine by Jacob Sullum, who follows this stuff, and he points out that in a 2011 decision in which a three-judge panel upheld the District of Columbia's ban on so-called assault weapons and its requirement that all guns be registered, Kavanaugh dissented.
00:08:46.000And he said instead that an analysis based on text, history, and tradition is consistent with the Supreme Court's Second Amendment precedents.
00:08:53.000He suggested that assault weapons bans should actually be forbidden by the Constitution of the United States.
00:08:58.000This, of course, has the left up in arms, no pun intended.
00:09:01.000When the assault weapons ban was formulated, it included a bunch of different features of the guns that ought to be banned.
00:09:08.000He says the list appears to be haphazard.
00:09:09.000It bans certain semi-automatic rifles but not others, with no particular explanation or rationale for why some made the list and some did not.
00:09:15.000And then he concluded that the assault weapons ban in DC was inconsistent with DC versus Heller.
00:09:21.000He said in Heller the Supreme Court held that handguns, the vast majority of which today are semi-automatic, are constitutionally protected because they've not traditionally been banned, are in common use by law-abiding citizens.
00:09:30.000There's no meaningful or persuasive constitutional distinction between semi-automatic handguns and semi-automatic rifles.
00:09:38.000He also has ruled in favor of people being able to spend money in elections and corporations being able to spend money in elections.
00:09:45.000In Citizens United vs. Federal Election Commissions, he wrote an opinion rejecting FEC rules that made it harder for advocacy groups to raise money.
00:09:52.000He said because donations to these hard money accounts are capped at five grand annually for individual contributors, the FEC's allocation regulations substantially restrict the ability of nonprofits to spend money for election-related activities.
00:10:03.000And he says that can't be reconciled with the First Amendment.
00:10:06.000Now, where he's a little weaker is on Fourth Amendment rights.
00:10:08.000So if you are a civil libertarian and you're deeply concerned with the government violating search and seizure and reasonable search and seizure, Kavanaugh is not a justice you're going to like very much.
00:10:17.000Circuit's decision not to rehear a case in which a three-judge panel had ruled that police violated a suspected drug dealer's Fourth Amendment rights when they tracked his movements for a month by attaching a GPS device to his car without a warrant.
00:10:29.000He said that tracking did not constitute a search,
00:10:31.000Because of the quality and quantity of information.
00:10:33.000So putting a tracker on somebody's car doesn't require a warrants according to Brett Kavanaugh.
00:10:36.000That rationale is interesting at the very least, but it shows that he is more of a law and order sort of William Rehnquist type judge.
00:10:43.000Rehnquist, of course, was Chief Justice of the Supreme Court all the way up to the point at which Justice Roberts became Chief Justice of the Supreme Court, if I'm not getting that wrong.
00:11:19.000To begin with, it has no basis in the Administrative Procedure Act.
00:11:22.000Chevron itself is an atextual invention by the courts.
00:11:24.000In many ways, Chevron is nothing more than a judicially orchestrated shift of power from Congress to the executive branch.
00:11:29.000Moreover, the question of when to apply Chevron has become its own separate difficulty.
00:11:34.000So, Kavanaugh is very anti-Chevron deference.
00:11:36.000So, on guns and on administrative state stuff, Kavanaugh is really, really good.
00:11:41.000He's a little bit weaker when it comes to religious freedom stuff, maybe, although that's not completely clear.
00:11:46.000In Priests for Life, for example, he said that the government had a compelling government interest in providing contraceptive care to people.
00:11:52.000He said that even that compelling government interest could not overcome the religious presumption on behalf of priest groups, on behalf of religious groups.
00:12:01.000They wanted to have health care done in coordination with their with their First Amendment rights.
00:12:06.000But he said that the government did, in fact, have a compelling government interest when it comes to contraception.
00:12:10.000And of course, in Seven Sky, he was the creator of the rationale that suggested that Obamacare was a tax and not a fine.
00:12:17.000Now, in just a second, I want to talk about what Kavanaugh's impact on the actual court is going to be, because I don't think that he's going to be the kind of break-it-all-down, shatter-every-window, destroy-wholesale, the-left-view-of-the-law guy that some on the left fear and some on the right hope.
00:12:33.000But first, I want to say thanks to our sponsors over at LegalZoom.
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00:13:51.000Trump could appoint a chicken and the left would go completely insane.
00:13:53.000Trump could have appointed Merrick Garland and the left would have said, there's some nefarious reason he's appointing Barack Obama's pick.
00:14:00.000He really, it must be that Merrick Garland has secretly been body snatched and replaced with an evil right winger.
00:14:08.000The reality of the situation, however, suggests that Kavanaugh is not going to be this wild right-wing figure that everybody thinks he's going to be.
00:14:15.000And that's why, if President Trump was going to get the flag anyway, he may as well have gone for Amy Coney Barrett.
00:14:20.000I think he should have gone for Mike Lee, Amy Coney Barrett, someone you know is going to vote 100% of the time in the most robust fashion on constitutional issues.
00:14:27.000I use the word robust advisedly there.
00:14:29.000The reason I'm using the word robust is because I think Kavanaugh will vote the right way on a lot of these cases, but I think the opinions of which he will be part, the opinions that he will help write, the opinions that he'll write himself, I think those are going to be very narrowly tailored opinions.
00:14:41.000And that makes a difference for the creation of precedent.
00:14:44.000It makes a difference for the creation of the law.
00:14:47.000Now, if you're going to get in the fight, you may as well go for broke.
00:14:50.000And by the way, it would've been great to see Democrats attacking a 46-year-old mother of seven with two adopted children, including one from Africa, I believe, and attacking her as some sort of evil
00:15:00.000Okay, so what does this mean in terms of the actual decision making?
00:15:38.000The last judicial term, there's a case called Masterpiece Cake Shop.
00:15:41.000We discussed it at length here on the program.
00:15:42.000The Masterpiece Cake Shop case is a case where a religious baker in Colorado did not want to create a custom cake for a same-sex wedding.
00:15:50.000And there's a law in the state of Colorado, created by the Colorado Civil Rights Commission, that said that you have to service anybody who comes into your restaurant or into your establishment
00:15:59.000And the ruling that came down from the Supreme Court said that that law was unconstitutional, but not because the law itself was unconstitutional.
00:16:06.000It was only unconstitutional because the Colorado Civil Rights Commission had applied the law unequally.
00:16:10.000In fact, they had targeted the religious person, but they had allowed seculars to go free, basically.
00:16:14.000That if you were an atheist and you didn't want to cater a religious cake, then you didn't have to.
00:16:19.000But if you're a religious person and you didn't want to cater a same-sex wedding, then you had to.
00:16:42.000is very much like Justice Roberts in the sense that when you read his decisions, they're always very carefully tailored to the law that's in front of him.
00:16:48.000It's very rare that he uses a particular law in front of him in order to go after an entire body of law.
00:16:54.000Now, maybe that's just because he's on the appeals court.
00:16:56.000Because you're on an appeals court, that means that you're not at the Supreme Court level.
00:16:59.000So you actually have to take into account what the Supreme Court says, and you have to use what the Supreme Court says as precedent.
00:17:04.000Maybe now that he's on the Supreme Court, he'll be a little bit more audacious.
00:17:07.000about striking down bad laws in the name of the Constitution.
00:17:10.000But, if we're going to get a lot of masterpiece cake shop cases, if we're going to get a lot of cases that are very narrowly tailored, where he's very careful about how exactly those cases are decided, and he doesn't go to the root issue, what you're going to end up with is a lot of confusion at the court of appeals level.
00:17:25.000And this is most obvious when it comes to abortion.
00:17:26.000So a lot of folks on the right are very convinced that Kavanaugh, because Trump picked him, is going to step in and strike down Roe v. Wade tomorrow.
00:17:33.000I am very, very skeptical that Kavanaugh and Roberts are going to strike down Roe v. Wade.
00:17:36.000In fact, I'm very skeptical that a case even allowing them to strike down Roe v. Wade makes the Supreme Court.
00:17:41.000The reason is because here is the process of how a case reaches the Supreme Court.
00:17:44.000Let's say that the state of Montana decides that it wants to pass a law banning abortion except to save the life of the mother.
00:17:52.000And that is appealed to the Circuit Court of Appeals.
00:17:55.000And the Circuit Court of Appeals, applying Roe v. Wade, says this is unconstitutional, there's a right to an abortion, yadda yadda yadda.
00:18:00.000Now, people on the right would say, well, good.
00:18:11.000It takes four votes to actually determine whether a case reaches the Supreme Court.
00:18:15.000So the way that the Supreme Court determines whether to take a case in the first place
00:18:18.000I don't think there are four justices that would vote to hear a case overturning Roe v. Wade.
00:18:22.000I think that if it had been Coney Barrett, if it had been Mike Lee, I think there would have been four votes to hear the overturning of Roe v. Wade.
00:18:38.000I think that because it is not, because it's Kavanaugh, I think Kavanaugh will work with Roberts to create a sort of new middle of the court.
00:18:45.000Now, that middle of the court is not going to be Justice Kennedy.
00:19:18.000It was a case in which Justice Kennedy wrote the decision.
00:19:21.000It's a really crazy case because there were about 83 different opinions on the case.
00:19:25.000The case was decided in 1992, and basically it was a plurality opinion, and it decided that Roe v. Wade is an opinion by O'Connor, Kennedy, and Souter.
00:19:35.000Right, which is why it's a garbage opinion.
00:19:36.000It basically decided that a state could pass a law that restricted abortion so long as it did not create an undue burden.
00:19:43.000An undue burden for the woman attempting to get an abortion.
00:19:48.000So the actual standard is the undue burden standard.
00:20:05.000I say, unnecessary health regulations that have the purpose or effect of presenting a substantial obstacle to a woman seeking an abortion impose an undue burden on the right.
00:20:12.000That's what Planned Parenthood v. Casey says.
00:20:14.000Now, when that was decided, there were a lot of folks on the right who thought maybe this was the first step toward curbing Roe.
00:20:20.000That basically, you'd get a bunch of laws that carved back the ability to get an abortion, and the court would just say, well yeah, it carves back the ability to get an abortion, but it's not an undue burden on the right.
00:20:29.000You can still get an abortion in a variety of other ways.
00:20:33.000It's not what happened, but now there's the suggestion that maybe that's what's going to happen.
00:20:37.000Maybe the Supreme Court won't take a case overtly overruling Roe v. Wade, but the Supreme Court will take cases where, let's say, there's a fetal pain bill that says that you can't abort a baby after the 10th week.
00:20:46.000And the Supreme Court takes that case, and they say, well, that doesn't present an undue burden.
00:20:59.000Well, the Constitution lost in the sense that the Constitution ought to be the guiding standard, and Roe v. Wade is a bad case, and you ought to just overrule it.
00:21:05.000But the sort of circumspect way in which I think Kavanaugh and Roberts are going to approach the law jointly suggests that they will rule the right way, but they will do so slowly and gradually.
00:21:14.000They're much more concerned with doing things slowly and gradually and incrementally than they are in simply overruling things outright.
00:21:21.000Now, there's another problem with incrementalism that I'm going to explain in just a second.
00:21:24.000So, the big problem with incrementalism is that once you create broad standards, right?
00:21:29.000The left likes to create broad standards.
00:21:30.000Obergefell saying that same-sex marriage is now legal across the country.
00:21:33.000Abortion saying that it's not just legal, that states can't not perform same-sex marriages across the country.
00:21:38.000Roe vs. Wade saying that abortion is legal across the country.
00:21:41.000The left is never afraid to use a bat when it comes to creating judicial opinion.
00:21:46.000They're never afraid to go as broad as humanly possible.
00:21:48.000The right tends to pare that stuff back kind of gradually.
00:21:51.000But that means that anytime the left gets control of the court, they immediately establish a new right that the right only tends to chip away at the edges regarding.
00:21:59.000And that, to me, is always a net loss for the right over time.
00:22:03.000Let's say that this court is solidly conservative, or at least solidly non-liberal, for the next 20 years.
00:22:09.000Well, in that time, how much are they going to pare back Roe v. Wade?
00:22:13.000They're not going to overrule it, I don't think.
00:22:14.000How much are they going to pare back Roe v. Wade?
00:22:16.000How much are they going to pare back challenges to religious freedom?
00:22:19.000You really do have to make hay while the sun shines to a certain extent.
00:22:23.000Remember, Justice Clarence Thomas, who's the best justice on the Supreme Court, bar none.
00:22:32.000He's going to be 72 when Donald Trump is up for re-election in 2020.
00:22:35.000That means that if Donald Trump loses, he could be 80 by the time a Democrat serves two terms, God forbid.
00:22:41.000So that means that Thomas is now going to have to make some decisions because you've got four votes on the Supreme Court that are solidly originalist, maybe if you count Kavanaugh, and then you got Roberts, who's kind of a swing vote.
00:22:52.000If Thomas goes and he's replaced by somebody on the left, well, that means that you've now got five solid leftist votes to do anything that they want to do.
00:23:00.000So all the people on the right who are saying, well, we're going to rule the court for a generation,
00:23:06.000Depends what Clarence Thomas does, because Clarence Thomas is right at that weird age where he's still got probably five to ten years in him, but at the same time, you never know, right?
00:23:14.000Justice Scalia died prematurely at 76, so you never know.
00:23:18.000And the court has become sort of this ghoulish death watch with regard to all this sort of stuff.
00:23:22.000You know, we'll see how Kavanaugh rules.
00:23:24.000I don't think that Kavanaugh is going to be the gung-ho Gorsuch figure that so many people wanted.
00:24:00.000But decades later, our Democratic colleagues still haven't tired of crying wolf whenever a Republican president nominates anyone, anyone, to the Supreme Court.
00:24:40.000Number one, if Trump's impeached by a Congress, he's going to stay impeached.
00:24:43.000Number two, all Kavanaugh said is that in 2009, Congress should pass a law preventing the active prosecution of the president while he's in office.
00:24:50.000Because the impeachment process is the way that the president ought to be impeached.
00:24:53.000It shouldn't be done through legal means, basically.
00:24:56.000Through suing the president or through a prosecution of the president.
00:25:01.000And they're also going after Kavanaugh for his involvement in the Ken Starr case.
00:25:05.000There's a piece from a David Brock book.
00:25:07.000You can't believe David Brock on anything.
00:25:09.000David Brock, of course, is a liar who worked for sort of Republican constituencies until he flipped and started working for Hillary Clinton.
00:25:15.000He suggested that at one point in the late 90s, Brett Kavanaugh mailed the word, bitch, about Hillary Clinton.
00:25:22.000If that's a reason to, if that's a reason to bar somebody from the Supreme Court, there won't be a judge left in America.
00:26:19.000Anybody that Trump nominates is gonna be Voldemort.
00:26:21.000Ron Perlman, who is just an idiot and was also a terrible bike gang leader on Sons of Anarchy, just really didn't fulfill his responsibilities on that show.
00:26:30.000In any case, he tweeted out, Okay, ladies and gentlemen who care for and respect ladies, it is official.
00:26:35.000The move back to medieval values, Sharia law even, where old, bitter men get to tell women what is best for their bodies lives and well-being is as done a deal as this is Twitter.
00:28:32.000I woke up this morning and I was driving around and I thought for a second Terry McAuliffe was right because there was no one on the roads.
00:28:38.000I thought maybe everybody had been raptured and they left me behind.
00:28:40.000And then it turns out it was just like 4.45 in the morning because I was on Fox & Friends.
00:29:16.000It's just the most hardy of us, just the bravest of us.
00:29:18.000So I don't know whether I've just developed an immunity to all of these horrible things happening in our country because I've been working out or something and really taking my meds, or maybe it's that the left has completely lost their mind on all of this stupid garbage.
00:29:31.000But it's, whatever it is, really, you're gonna get exercise over Brett Kavanaugh?
00:29:35.000Like, I get it, honestly, I understood when the left was getting all mad about Charlottesville, I got it, because I think that Trump was wrong about Charlottesville, but when they go, like, nuts over a guy who was endorsed by Akhil Reed Amar in the pages of the New York Times, Akhil Reed Amar is a left-wing legal scholar from Yale,
00:29:55.000We'll get to more of Left Wing Reaction in just a second.
00:29:57.000First, you're gonna have to go over to dailywire.com and subscribe.
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00:30:16.000So become a subscriber, be part of the club, and you get this, the Leftist Tears Hot or Cold Tumblr.
00:30:32.000In fact, this is almost burning my hand, but the quality of this tumbler keeps the temperature down around my hand because otherwise it would just be red hot leftist tears as fast as they are pouring in.
00:31:00.000Now, what's hilarious about this is that Chuck Schumer, as you'll recall, tried to filibuster Neil Gorsuch because that was going to end the world, too.
00:31:27.000Everyone ought to understand what it means for the freedom of women to make their own health care decisions and for the protection for Americans with pre-existing conditions.
00:31:41.000Those rights will be gravely threatened.
00:31:44.000Gravely threatened by the fact that people can vote on them.
00:31:51.000Let's get some justices on there who will ensure that we can never vote on any of the crucial issues of our time.
00:31:56.000And then Schumer says, in precise contravention of what Trump said about personal views on the judiciary, Trump had said, I don't care about personal views.
00:32:02.000I care about enforcement of the Constitution.
00:32:04.000Schumer says, we need to know your personal views.
00:32:06.000Your personal views are all that matters.
00:32:08.000And this is because the left believes the personal is political.
00:32:10.000They believe that any opinion you hold as a judge actually comes out in how you rule.
00:32:37.000They were out there protesting, and they didn't know who had been appointed yet.
00:32:40.000Okay, here's some audio of them making fools of themselves.
00:32:51.000And then the weird and there's always that one weird guy who's got like the anti-circumcision sign, which is like I didn't even realize that was something being appealed to the Supreme Court.
00:33:13.000So Cory Booker, who is just a wild man, Cory Booker, the senator from New Jersey and the man with a fictional best friend who is a gang member.
00:33:24.000So Cory Booker, he says that Trump is choosing Brett Kavanaugh not because Brett Kavanaugh is a well-established legal mind inside the D.C.
00:33:31.000Beltway and was pushed by Leonard Leo and Don McGahn, the White House counsel.
00:33:36.000That Trump is choosing Brett Kavanaugh is because Brett Kavanaugh is going to help Trump avoid impeachment by, what, hijacking the marshal of the U.S.
00:33:44.000Supreme Court and arresting Cory Booker?
00:33:47.000Or Brett Kavanaugh actually is Voldemort and he's going to take out his magic wand and lose his nose and somehow save President Trump?
00:33:52.000Here's Cory Booker being a complete whack job.
00:33:55.000He has a lot of other legal trouble, and the challenges that this president could have caused for himself, now he's got that insurance policy.
00:34:04.000He's got this get-out-of-jail-free card, if you will.
00:34:08.000Brett Kavanaugh has to get out of jail.
00:34:19.000Or is his legal theory that Mueller will come down with an indictment and then Kavanaugh will rule and no indictment can move forward?
00:34:26.000Except that there aren't the votes on the Supreme Court for that, and Kavanaugh doesn't even agree with that.
00:34:31.000And the piece that he wrote in 2009 about prosecution of presidents suggested that Congress should make a law protecting the president, not that the judiciary could protect the president from such prosecution.
00:34:41.000But never mind, the conspiracies have to rule.
00:34:44.000So Blumenthal, Richard Blumenthal, the senator from Connecticut, he says the same thing, right?
00:34:48.000Trump is going to let the next justice pardon himself.
00:34:52.000Rudy Giuliani raising the possibility of a pardon.
00:34:54.000This next justice will sit on the issue of whether or not the president can pardon himself or others.
00:35:03.000Okay, so it's going to be that Trump's going to pardon himself and Kavanaugh will uphold this stuff.
00:35:09.000The conspiracy theories from the left are just out of control.
00:35:12.000My favorite conspiracy theory is this one from Neera Tanden.
00:35:15.000Neera Tanden is one of the foolish leaders of the Women's March and the head of the Center for American Progress.
00:35:21.000And she tweeted out, Justice Kennedy's son made a billion dollars in loans to Trump from the Russia-infested and sanctioned Deutsche Bank.
00:35:28.000So now I'm not even I'm so confused about what this conspiracy theory even is.
00:35:31.000The conspiracy theory is that Justice Kennedy's son made a loan to Trump and therefore Trump leveraged Kennedy into leaving so that he could bring on Brett Kavanaugh.
00:35:44.000When I loan you money, you don't then get to leverage me into anything because I loaned you the money.
00:35:50.000And also, if I were going to loan you money and then you were going to exercise leverage over me, wouldn't the leverage mostly involve you telling me how to decide cases, not to resign?
00:36:00.000None of this makes any sense, but the left is not interested in making sense.
00:36:03.000They're interested in screaming as loudly as possible at the moon, convinced that in doing so, they will somehow transform themselves into werewolves, and thereby bring about the thwarting of the Kavanachalypse.
00:37:38.000But that would be patriarchal to suggest that you are in control of Michelle Wolf's comedic decisions.
00:37:44.000Michelle Wolf gets to be as promiscuous with comedy as she could possibly want to be, and then she gets to terminate the results of that comedy before it forms into comedy, because after all, it's just the same as a polyp.
00:37:55.000It's basically the same as any other sentence, that comedic joke.
00:37:58.000OK, so Michelle Wolf, but she is indicative of a mindset that is set in among people on the left, which is that abortion is the ultimate good.
00:38:21.000You know, there used to be people who argued that abortion
00:38:23.000It was necessary because of rape and incest, right?
00:38:25.000This was always the argument that was used.
00:38:27.000Now, as a pro-life person, I don't believe that rape and incest are actually an excuse for an abortion.
00:38:32.000I believe that rape ought to be punishable by castration, death, life imprisonment.
00:38:37.000And I believe that incest ought to be punishable by force of law.
00:38:41.000But that doesn't mean that you get to actually kill a baby because the creation of the baby was something horrible and evil.
00:38:47.000That said, it used to be the left used those as the excuses.
00:38:50.000They said, well, you know, there are really hard moral situations where you have to make compromises.
00:38:55.000Now, the left says, if you have not had an abortion, then you are doing something wrong.
00:38:59.000You are living by the stereotype that you ought to be pregnant.
00:39:02.000And by doing so, you are reinforcing the patriarchy.
00:39:05.000It's men making decisions over your body.
00:39:07.000The best kind of woman, the most empowered kind of woman, is the woman who's had an abortion.
00:39:11.000The woman who's had an abortion is better, a better version of the woman, than the woman who's never had an abortion.
00:39:16.000Because the woman who's never had an abortion, you know, she really has not accepted that her body is under her own control.
00:39:21.000It's a sign of female empowerment, just the same way that the left has decided that women who participate in pornography or prostitutes are actually avatars of female empowerment because they are empowered with their own body.
00:39:32.000Well, being pregnant and then killing the baby, that is another way of feeling proud of your own body, because after all, the baby is not an independent human being.
00:39:54.000I mean, she was there and then she wasn't, but it was mostly that she was happening and then suddenly she just stopped happening.
00:39:58.000It was the thing that wasn't happening anymore was Nicole Brown.
00:40:02.000It's just the levels of lie that the left will tell about abortion in order to maintain it as a sacrament are truly astonishing.
00:40:10.000And that's why when I see people, you know, on the right who continue to maintain that the right should not engage in this particular battle, I say,
00:40:16.000This may be the only important moral battle that's going to matter a thousand years from now.
00:40:19.000A thousand years from now, people aren't going to care about what the tax rate was in the United States in 2018.
00:40:24.000A thousand years from now, people are not truly going to care very much about environmental policy in the United States and the minor differentiations between CAFE standards.
00:40:32.000What people are definitely going to care about is whether we as a society decided to greenlight and not only greenlight, celebrate the murder of the unborn.
00:40:39.000And this is why I think that I wish Kavanaugh would overrule Roe v. Wade.
00:40:42.000I think that we're going to move in the direction of curbing Roe v. Wade, which is better than nothing.
00:40:46.000But I think it would be better if we just got rid of it and stopped killing 3,500 babies a day in the United States.
00:40:52.000It seems to me that that should have been the end goal here.
00:40:54.000I hope that Kavanaugh proves me wrong.
00:41:04.000Speaking of the Supreme Court, William Rehnquist was Chief Justice of the Supreme Court until Justice John Roberts was appointed back in 2005.
00:41:11.000He wrote, this is the first book I ever read on the Supreme Court.
00:41:14.000I actually bought it at the Supreme Court.
00:41:16.000It's called The Supreme Court by William Rehnquist.
00:41:19.000And it is a good guide to how everything works at the Supreme Court.
00:41:22.000It also has some good content on the history of the Supreme Court and what it's like to work at the Supreme Court.
00:41:29.000And it's a really good kind of primer for anybody who's interested in the basics of how the Supreme Court operates.
00:41:33.000Rehnquist himself was an interesting judge.
00:41:39.000You were going to say that he was politically oriented and sort of law and order conservative who believed that all of the attempts to undermine law and order via liberal interpretation of the Constitution were misguided.
00:41:51.000He tended to vote consistently, you know, with conservative positions on the court, but his opinions were never Scalia or Thomas rooted in the history and context of the Constitution per se.
00:42:02.000But he did move the court in a more conservative direction.
00:42:05.000I think that if you were going to find a somebody who you're going to liken to Kavanaugh, I think the Rehnquist is probably the best comp.
00:42:10.000In baseball or basketball, you say, OK, you have a draft pick.
00:42:16.000Well, when it comes to Justice Roberts, I said that he was going to pencil out a lot more like Souter.
00:42:29.000He penciled out somewhere between Souter and Rehnquist.
00:42:32.000I think that the chances are pretty good that Kavanaugh ends up as a Rehnquist figure, which is something conservatives should be happy with.
00:42:43.000I don't know why it is that Colton has decided to bring me a weird story today, but he's decided to bring me a weird story every day.
00:42:49.000This is a story from WNGO ABC in New Orleans.
00:42:53.000Renard Matthews was killed in New Orleans two weeks ago.
00:42:56.000He was young, 18 years old, and while the tragedy of losing him so young weighs heavily on his family, they chose to have his body prepared for Sunday's afternoon's wake in a way that they want to remember him.
00:43:06.000And if you can't see this, folks, this is literally a dead guy who is sitting in a chair with a game controller on his lap and a box of Chip Crunch beneath his chair and a video of the Golden State Warriors playing the Boston Celtics on television.
00:44:12.000Just be Bill Clinton with his zipper down holding a cigar and just sitting in a chair and then Hillary, presumably Hillary Clinton, screaming at him, screaming at his corpse.
00:44:21.000I mean, imagine the various public figures.
00:44:24.000What would you do at Kevin Spacey's funeral?
00:44:48.000And it's gotta be kind of weird because you walk into that funeral and you're like, do I go over and say hello?
00:44:52.000Like, do I congratulate him on how the game is going?
00:44:54.000And I like that they have velvet ropes that actually block off the crowd from the body to make sure that people don't go there and like repose him.
00:45:03.000They're going to go there and put his hand on his crotch or something.
00:45:05.000Or they're going to put a pom-pom in his hand because he's rooting for the team.
00:45:11.000Yeah, this seems like not a great thing.
00:45:15.000Okay, so time for some things that I hate.
00:45:21.000The thing that I hate today is the Louvre.
00:45:41.000Okay, so, we went through that a couple of weeks ago, because it's ridiculous.
00:45:45.000Rolling Stone did a whole analysis of why
00:45:48.000Beyonce thrashing about in her undergarments in the middle of the Louvre somehow outclasses the work of Leonardo da Vinci and how Western art had been completely put to shame by Jay-Z standing there like a catatonic idiot while his wife
00:46:02.000Flounces about in these giant drapes that look like they were bought at the Bed Bath & Beyond from next door.
00:46:08.000Right, so it's a really bad music video.
00:46:10.000The Louvre has decided that they are going to actually now do a tour of the Louvre based on a video called Ape Poop.
00:46:19.000About, have you ever heard a crowd going ape poop?
00:46:23.000And a bunch of half-naked people doing gyrating motions in front of great art.
00:46:54.000Because afterward, somebody is going to get it.
00:46:57.000Now the Lube is capitalizing on its new street cred by offering a free self-guided tour of 17 paintings and statues featured prominently in the first video off of the Carter's new album, Everything is Love.
00:47:35.000And apparently also Marie Benoist's Portrait of a Negress.
00:47:38.000The 90-minute self-guided audio tour, J'ai dit et bien c'est en Louvre, is currently only in French, but other languages will eventually be available.
00:47:46.000Or you can translate the tour in your internet browser using plugins like Chrome's Translate feature.
00:47:50.000The guide identifies each work of art and gives its historical context.
00:47:54.000Well, I'm sure that Jay-Z and Beyonce knew the full historical context, and I'm sure that when they were screaming about going ape-leep amongst the half-nude bodies gyrating in front of these paintings, they were really thinking about, how can I get more tourists to see the winged victory of Samothrace?
00:48:56.000So their celebrity endorsement inspires their fans who haven't crossed the Atlantic to consider making the trek to the Louvre.
00:49:01.000And the video also showcases works of art apart from the Mona Lisa, which those who have visited the museum already may have missed, so this can encourage them to return.
00:49:08.000Syracuse University professor and pop culture expert Robert Thompson told Moneyish,
00:50:21.000That would actually be what the Carters intended, considering that I thought, according to Rolling Stone, the whole thing was supposed to be mocking the insularity and archaic nature of Western art.
00:50:29.000That all this Western art was based on white people, but here are brown and black bodies in front of the art, and therefore drawing a contrast between the live bodies and the dead portrayals of those bodies on the walls of the Louvre.
00:50:40.000That was Rolling Stone's take, so I guess this is a different take, which is that apparently Beyonce and Gigi love Western art.
00:50:46.000The Louvre has benefited from star power before.
00:50:48.000Of course, it was featured in the Da Vinci Code.
00:50:50.000And of course, it was in Night at the Museum.
00:50:54.000Museum of Natural History was in Night at the Museum.
00:50:57.000The difference is that none of it was really about, like, mocking the art itself.
00:51:01.000The Brooklyn Museum is in the middle of a David Bowie is exhibit of an exhibition of 400 objects, including 60 custom-made performance costumes, handwritten lyric sheets and drawings from the late music icon's personal archive.