Ruth Bader Ginsburg dies, Democrats panic and threaten institutional Armageddon, and Trump vows to move ahead. Ben Shapiro's take on the death of Supreme Court Justice Ruth Bader Ginsburg and the implications for the future of the Supreme Court, and why she should have been appointed by President Obama when she was elected in 2008, not by Hillary Clinton in 2016, and the real reason why she didn t want to step down earlier than she did, is because she didn't want Donald Trump to fill her seat, because she did not want to be replaced by another liberal justice. The death of Justice Ginsburg raises the possibility of the greatest constitutional crisis in modern American history, not because of what the Republicans are going to do to fill the seat, but because Democrats are threatening to do what they threaten to do, and hand over the seat to whoever they want to fill it with. Ben Shapiro explains why this is not a good idea, and what will happen when the next Supreme Court justice is chosen by the next president, and how that will change the process of choosing a replacement. The Ben Shapiro Show is sponsored by ExpressVPN. Get a FREE information kit on protecting your savings with gold and precious metals! Talk to them over at Birchgold.co/theBenShapiroShow and get 20% off your first month with discount code: BONUS! at checkout! and save $200 when you sign up to receive 20% OFF your first year of your first-year mail-in-in rate! You have a right to privacy protection and access all of the best practices, unlimited access to all of all the best privacy tools, including the latest privacy tools and features, and more! The world s best privacy protections, privacy protection, and access to the world s most powerful privacy tools. You get 10% off the world's best privacy and data, and you get access to everything you could ever dream about, anywhere in the world, anywhere you go, anywhere, anywhere and anywhere you get a freebie gets a $100, free, the world gets a discount, the whole world gets access to it, and they get it too, the best of it gets it, you get it. the whole thing, you can do it, the most of it, no matter where she s gonna get it, she s going to be the best, and she s getting it, they say it, it s not gonna be more than that, right?
00:00:45.000Now, it is hovering around historic highs.
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00:01:35.000Okay, so, right before Rosh Hashanah begins, I get the information that Ruth Bader Ginsburg, the longtime Supreme Court Justice, first appointed in 1993, a famous feminist voice, has passed away.
00:01:51.000And in Judaism, the first thing you always say is Baruch Dayan Emet, blessed is the true judge.
00:01:55.000So we say that, obviously, because death comes to us all, whether we are, you know, on the side of the righteous or whether we are not on the side of the righteous.
00:02:03.000Ruth Bader Ginsburg, For all of our disagreements, and we had many of them obviously, I disagreed with her politics thoroughly and profoundly.
00:02:10.000She devoted decades of her life to public service.
00:02:13.000She was responsible for some things that I think everyone can agree with, including the forwarding of women's rights in the workplace.
00:02:20.000And her passage should be met with national mourning, of course.
00:02:24.000This, of course, however, raises the greatest I think constitutional crisis that I've seen in modern American history, not because of what the Republicans are going to do, fill the seat, but because of what Democrats are threatening to do.
00:02:40.000From the very beginning, Ruth Bader Ginsburg should have stepped down when Barack Obama was president.
00:02:44.000Now, apparently her dying wish was that her seat not be filled.
00:02:48.000And Democrats are making a big deal out of this.
00:02:50.000There is no constitutional provision that allows a justice as their dying wish to pick their successor.
00:02:55.000In communist countries, judges pick their successors.
00:02:57.000That is not what happens in a free republic.
00:02:59.000In a free republic, However the process works is how the process works.
00:03:02.000Imagine if Justice Antonin Scalia had left a note by his bedside table before he had a heart attack and died, saying, Do you think there would have been five seconds of consideration over his dying wish?
00:03:15.000You do not get to will your Supreme Court seat to somebody else because it is not, in fact, your Supreme Court seat.
00:03:20.000It is a seat that pre-exists you and will exist long after you.
00:03:23.000Just as Donald Trump doesn't get to will the presidency of the United States to whoever he wants to be his successor, RBG does not get to will her seat to anybody else.
00:03:31.000So her dying wishes have absolutely no constitutional value.
00:03:54.000So that means she was 76 years old when she was diagnosed with pancreatic cancer.
00:03:58.000Now typically, pancreatic cancer, unfortunately, has a very high kill rate and She stayed on the court for another 11 years after her original diagnosis with pancreatic cancer, again, when Barack Obama was president.
00:04:09.000She could have stepped down any time in there.
00:04:12.000And she didn't step down in 2016 because she figured that she was going to be on the court while Hillary Clinton was president.
00:04:21.000Bill Clinton was asked by Margaret Brennan about this.
00:04:24.000Margaret Brennan said Ginsburg reportedly told her friends she had intended to retire under what she expected to be a Hillary Clinton presidency.
00:04:31.000Do you know who she envisioned taking her place?
00:04:32.000And Clinton said, no, I mean, I knew, I hoped Hillary would be elected in 2016.
00:04:37.000I thought she would and hoped she'd have some time because she wanted to leave the court while she was still at full steam.
00:04:41.000She wanted to leave the court with someone who she thought was not an ideologue.
00:04:44.000Someone who was too far to the right, but I don't think she necessarily had a preferred candidate.
00:04:47.000I think she trusted Hillary to make a good decision.
00:04:49.000It was perfectly obvious that she was sticking around because she thought Hillary was going to win, then Trump won, and then it became basically a race against the clock for Ruth Bader Ginsburg.
00:04:57.000And you could see this in the way that the Democratic Party infrastructure mobilized around her.
00:05:03.000She moved from being just like a normal left-wing Supreme Court justice to being this iconic figure because the idea was that she stood between the Democrats and doom.
00:05:10.000She stood between the Democrats and Armageddon.
00:05:14.000This demonstrates full scale how the Democrats think of the Supreme Court, which is why, honestly, they should never be picking Supreme Court justices.
00:05:21.000So as we will see, we're going to discuss a little bit later on the so-called McConnell Doctrine from back in 2016, what he actually said.
00:05:26.000Was he saying that in the final year of a presidency that the president should not select or that his selection should not be confirmed?
00:05:33.000What he said instead was that if the Senate was controlled by a different party than the president, the Senate had no obligation to move forward with a nomination if they were of a different party than the president until The American public had sounded off on what they wanted to be, the final combination of factors leading to the selection of the Supreme Court justice.
00:05:50.000But in the final year of a presidency, we've had some 29 selections by presidents, and it's perfectly normal for a president to select the person to fill a Supreme Court seat.
00:05:59.000In 17 of those cases, the president, or in 17, yeah, 17 of those cases, the president and Senate have been controlled by the same party.
00:06:07.000And in 15 of those 17 cases, That person has been confirmed.
00:06:10.000This is something Senator Ted Cruz pointed out over the weekend.
00:06:12.000This is, of course, exactly historically correct.
00:06:17.00029 times there has been a vacancy in a presidential election year.
00:06:21.000Now, presidents have made nominations all 29 times.
00:06:24.000When the Senate has been of the same party of the president, a vacancy occurs in an election year, of the 29 times, those are 19 of them.
00:06:32.000Of those 19, the Senate has confirmed those nominees 17 times.
00:06:36.000So if the parties are the same, the Senate confirms the nominee.
00:06:40.000When the parties are different, that's happened 10 times.
00:06:44.000Of those 10, the Senate has confirmed the nominees only twice.
00:06:49.000Okay, it is very uncontroversial constitutionally speaking.
00:06:53.000The president gets to fill the seat and then the Senate gets to decide whether they decide to go up or down on it.
00:06:57.000I thought that McConnell, you can go back and listen to my show at the time, I thought McConnell in 2016 was being too cute by half on the Merrick Garland thing by saying, well, you know, it's the last year of the presidency.
00:07:06.000We'll wait until the election is decided.
00:07:09.000You should not vote for any nominee who you feel is not going to interpret the constitution properly.
00:07:14.000I don't care whether it is the first year of Barack Obama's term and he is selecting Sonia Sotomayor or Elena Kagan, or whether it is the last year of Barack Obama's term and he is selecting Merrick Garland.
00:07:23.000It makes no difference to me whatsoever in any way.
00:07:36.000Republicans have gone along with this out of some sense of nostalgia for a time when the Supreme Court was far less political.
00:07:42.000But the Democrats made this whole thing political way back in the 80s.
00:07:44.000This all started with Bork and we've seen its culmination in the attempt to go after Justice Kavanaugh with false charges of gang rape and such.
00:07:52.000With ridiculous charges that he was involved in a boofing when he was 17 years old.
00:07:58.000They've decided that the Supreme Court is merely another political tool in their arsenal.
00:08:02.000They have no institutional respect for the Supreme Court.
00:08:04.000The Supreme Court is not something they care about.
00:08:06.000And this is something I talk about in my book, How to Destroy America in Three Easy Steps.
00:08:10.000For Democrats, unfortunately, it has become the case that the institutions of the United States government are an obstacle to them.
00:08:15.000And when they are an obstacle, they seek to destroy the obstacle.
00:08:18.000This is why over the past several years since Trump was elected, they've talked about abolishing the Electoral College.
00:08:22.000They've talked about completely redoing the Senate or abolishing the Senate altogether.
00:08:26.000They are now talking about packing the Supreme Court.
00:08:28.000They were talking about that a year ago.
00:08:30.000Pete Buttigieg said openly in the middle of this race that he was willing to pack the Supreme Court.
00:08:35.000And this became a question on the debate stage as to whether people were going to pack the Supreme Court.
00:08:40.000Democrats have nothing but scorn for the institutional checks and balances of the government of the United States because they believe that those institutional checks and balances are an obstacle to complete rule from above.
00:08:50.000It has been true for a very long time.
00:08:52.000Now, even Ruth Bader Ginsburg was not opportunist enough to believe that packing the court was a good idea.
00:08:58.000Ruth Bader Ginsburg, all the way back in 2016, I believe, was specifically asked about packing the court.
00:09:04.000And here is what she said at the time.
00:09:08.000I have heard that there are some people on the Democratic side who would like to Increase the number of judges.
00:09:18.000I think that was a bad idea when President Franklin Delano Roosevelt tried to pack the court.
00:09:24.000If anything would make the court appear partisan, it would be that one side saying, when we're in power, we're going to enlarge the number of judges so we will have more people who will vote the way we want them to.
00:09:41.000OK, so even Ruth Bader Ginsburg recognized the threat to the institutions.
00:09:44.000The old school liberals, however, are no longer in control of the Democratic Party.
00:09:47.000They don't believe in the institutions of the Constitution.
00:09:51.000And honestly, this has a long legacy inside of the Democratic Party.
00:09:53.000Woodrow Wilson sought to overthrow the checks and balances of the Constitution by radically expanding the executive branch and overthrowing all checks and balances.
00:10:02.000Taking all the powers of the legislature and placing them inside the executive.
00:10:05.000You saw FDR attempt to pack the court back in the 1930s.
00:10:07.000This led to the Supreme Court changing a lot of its doctrine in what was called a switch in time that saved nine.
00:10:12.000Meaning that it saved nine seats on the Supreme Court as opposed to 13 seats on the Supreme Court because FDR was threatening to pack the court.
00:10:17.000Institutions for the Democratic Party are of no interest.
00:10:21.000They don't like the Structural Constitution because they don't like the fundamental philosophy underlying the Structural Constitution, which is that of limited government and checks and balances that protect your rights.
00:10:29.000The Constitution was written for a very specific purpose.
00:10:31.000That purpose was to protect the principles of the Declaration of Independence.
00:10:35.000And the basic idea was that a government that is unitary in nature, a government that has unified power at the top and no checks and balances, either hierarchically with the states or horizontally between the branches, So why in the world would you let Democrats appoint people to the Supreme Court who are promptly going to use the Supreme Court as another political body?
00:10:51.000and a government big enough to give you what you want is a government that is also big enough to take away what you have.
00:10:56.000Democrats have always seen these institutional checks and balances as a problem.
00:11:01.000So why in the world would you let Democrats appoint people to the Supreme Court who are promptly going to use the Supreme Court as another political body?
00:11:08.000The Supreme Court's original designation was to interpret the Constitution of the United States.
00:11:12.000Democrats don't like the Constitution of the United States and have appointed justices who similarly do not like the Constitution of the United States and see it as an obstacle to what they attempt to do.
00:11:21.000They see the Constitution as a bit of poetry that they can interpret however they see fit.
00:11:25.000From the Obamacare cases to Roe vs. Wade, Democratic justices never miss.
00:11:29.000They never miss because they are politically motivated.
00:11:31.000They do not bother reading the Constitution.
00:11:33.000The way that you can tell whether a justice reads the Constitution or does not read the Constitution is whether that justice always votes with your political priors or whether that justice sometimes votes against your political priors based on the text of a law before them.
00:11:45.000Democrats Get what they want from their justices, no question, which is a good indicator as to how they see the court.
00:11:51.000And you have to understand all of this because that is what is undergirding the battle that we are currently undergoing.
00:11:55.000The battle that is about to break upon us is one that is, honestly, country-shattering in nature.
00:12:01.000And it's not because of anything Trump or the Republicans is about to do.
00:12:04.000As we're about to discuss, what Democrats are threatening to do, violate the structural integrity of the Constitution in massive new ways, violate every norm, break institutions of the Constitution, What they're threatening to do can, in fact, split the country apart.
00:12:19.000And they're using this as blackmail in order to prevent Republicans from fulfilling their constitutional duty to fill that seat and so that they can pack the court unofficially with another member of the hard left who will then rule in favor of all of their Democratic political strategies.
00:12:35.000In order to understand that, you have to understand how Democrats see the court.
00:12:37.000The Democrats do not see the court as an expositor of the Constitution.
00:12:40.000They see the court as a second legislature.
00:13:08.000Again, they were calling her the notorious RBG.
00:13:11.000She was an octogenarian liberal justice who spends her life in the law, and they were treating her as the notorious RBG because she was slaying Queen.
00:13:20.000Because for the Democrats, when it comes to the Constitution, the Constitution is secondary, political priority is primary.
00:13:26.000And you can see this in the reaction to RBG's death.
00:13:29.000Just to take an example, I mean, I think this is the id of the Democratic Party right here.
00:13:32.000There is a video going around online over the weekend of a liberal woman having a screaming meltdown over the death of RBG.
00:14:02.000Even if you put someone on the court right now who vowed to overturn Roe v. Wade, there's still not five votes for it.
00:14:07.000Kavanaugh's not going to vote to overturn Roe v. Wade.
00:14:09.000Alito, I doubt he's going to vote to overturn Roe v. Wade.
00:14:13.000And I don't think Gorsuch is going to vote to overturn Roe v. Wade.
00:14:15.000I think, legit, you have one vote to overturn Roe v. Wade on the Supreme Court right now, and it's Clarence Thomas.
00:14:20.000So all of the panic, the insane panic you see from Democrats over this seat is because what they want the Supreme Court to be is a green light for every Democratic priority, and they are afraid of anyone appointed to the court who will in any way provide some sort of speed bump in their pursuit of power.
00:15:04.000Okay, so why you would film this and then put it online, except that this does channel a lot of what Democrats are feeling, because for them, the Supreme Court is a tool of power.
00:15:13.000It was never supposed to be just another member of the triumvirate of checks and balances, executive, legislative, and judicial.
00:15:36.000The attempt to turn the Supreme Court into just another avenue of power has been the legacy of the Democratic Party for a very long time, which is why they should not be in charge of selecting justices under nearly any circumstances.
00:15:46.000And we're gonna get to more of this in just one second.
00:15:48.000As we will see, it is their belief that the Supreme Court, as an institution of power, must be held by Democrats, and therefore all institutions must be broken to achieve power.
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00:17:18.000Here is AOC explaining what is on the line.
00:17:19.000For Democrats, because they believe the Supreme Court is just supposed to be a second Democratic legislature doing what they want, they don't actually understand what the Supreme Court does.
00:17:26.000So you're going to hear her say, for example, our reproductive rights are on the line here.
00:17:32.000There are legislatures all across the country.
00:17:34.000Like, lest you forget, if Roe vs. Wade were overturned, which it will not be, To my great chagrin and rage.
00:17:41.000If Roe vs. Wade were overturned, all that would mean is that New York and Massachusetts and California and Connecticut and every other liberal state would all continue to have abortion on demand.
00:17:50.000Because it would just devolve all authority back to the state level.
00:17:53.000It would not actually create a new federal rule against abortion.
00:18:28.000Okay, so again, for them, everything is on the line because if they don't have this super legislature that is going to cram down what they want, they're gonna break all of the things.
00:18:36.000Amy Klobuchar, who's supposed to be a moderate, she said the same thing.
00:18:39.000She said, our democracy is at stake here.
00:18:42.000If you believe that our democracy was hanging by the slender thread of an 87-year-old woman with pancreatic cancer, if you believe that our democracy was really that thin, the problem is not RBG dying.
00:18:53.000The problem is that the country is fundamentally broken.
00:19:00.000When my Republican colleagues, and some of them have already come out and said the right thing because they understand what's at stake here, that they don't want to join in with the president who is lying and lying and lying in terms of how he's going to handle a Supreme Court nomination.
00:19:27.000Your life does not depend on your vote.
00:19:28.000You're not going to die if you vote for a Democrat, and you're not going to die if you vote for a Republican, and you're not going to die if Amy Coney Barrett joins the Supreme Court.
00:19:35.000I mean, you might die, but it's going to have nothing to do with any of those things.
00:19:39.000Again, for the Democrats, every institution is an institutional club that can be wielded for power, and if we can't wield it, we're going to break it.
00:19:47.000This is a weapon, and if I can't wield the weapon, I'm going to break the weapon.
00:19:50.000That's what Chuck Schumer is saying here.
00:19:53.000We're here to protect the rights of our globe and the people who live on it so that climate is protected.
00:20:03.000A court with the kind of nominee President Trump will choose will undo all of that.
00:20:09.000Okay, can I just point out there is no constitutional right for the globe in the Constitution.
00:20:13.000Okay, the Earth, you know, a big ball of matter, it does not actually have rights under the Constitution of the United States because it's a giant inanimate object floating through space.
00:20:22.000Also, it is not the job of the Supreme Court to make global warming policy.
00:20:25.000It is the job of the Supreme Court to interpret whether, in fact, an executive agency is acting in accordance with legislative policy or whether that legislative policy actually violates the tenets of the Constitution.
00:20:37.000It's your job to make policy you think protects the globe and global warming.
00:20:41.000That's not the job of the Supreme Court.
00:20:42.000What he's really talking about there is he wants the Supreme Court to read into the Clean Air Act that carbon emissions can be considered a pollutant, which of course was never considered under the Clean Air Act.
00:20:51.000But this is exactly how Democrats think about the court.
00:20:54.000The court is just a tool of power to hammer.
00:20:57.000And so this leads to tremendous levels of dishonesty.
00:20:59.000AOC said, I can't believe that Mitch McConnell won't honor RBG's last wish.
00:21:03.000Again, what does she think we live in, a monarchy?
00:21:07.000That's not the way this works, honor RBG's last wish.
00:21:10.000First of all, honestly, I hope that RBG had other wishes besides that for her last wish.
00:21:15.000I hope that that is a bit of exaggerated rhetoric for purposes of the political moment from the family.
00:21:22.000I hope that she was thinking about other things on her deathbed because I wouldn't want to be thinking about politics as I died.
00:21:27.000That just seems like an unpleasant way to go.
00:21:31.000Here's AOC saying that the Republicans are bad because they won't honor RBG's last wish.
00:21:36.000I guess when Clarence Thomas goes, you know, hopefully in 25 years or something, when Clarence Thomas goes, he should wish for a complete reversion to the constitutional order and structure that the founders intended, meaning that we wipe away several million federal jobs.
00:22:00.000Tonight, Mitch McConnell publicly, the night of her passing, he couldn't wait 24 hours, issued a statement saying that he was going to give Trump a vote in violation of her dying wish.
00:22:21.000People can say how appalling, people can say this is horrible, etc.
00:22:49.000But when you believe that the Democrats ought to control the auspices of power and they can will that power to other people, this is what you get.
00:22:57.000And so Democrats have said nothing is off the table.
00:22:59.000Democrats have said, nothing is off the table.
00:23:03.000Both Chuck Schumer and Blumenthal, Senator Blumenthal from Connecticut, Richard Blumenthal, they've both said, nothing is off the table.
00:23:10.000According to CNN's senior congressional correspondent, Manu Raju, he reported that Schumer told Democrats on a call, let me be clear, if Leader McConnell and Senate Republicans move forward with this, nothing is off the table for next year.
00:23:21.00020 minutes later, Richard Blumenthal made the same threat.
00:23:23.000He tweeted, if Republicans recklessly and reprehensibly force a Supreme Court vote before the election, nothing is off the table.
00:23:30.000So what do they mean by nothing is off the table?
00:23:33.000What they mean by nothing is off the table is that they will think about packing the court.
00:23:37.000They will think about using impeachment.
00:23:40.000Axios reports today that they are talking about adding Supreme Court justices, eliminating the filibuster, and statehood for DC and Puerto Rico.
00:23:58.000If this is a hostage negotiation, they already shot the hostage.
00:24:01.000Also, I have a basic rule of constitutional jurisprudence.
00:24:04.000Do not negotiate with constitutional terrorists.
00:24:06.000If people are threatening to break every institution of government unless you give them what they want, why would you then give them power over that government?
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00:25:23.000So Democrats are threatening to break everything.
00:25:26.000So according to Axios, adding Supreme Court justices eliminating the Senate 60 vote threshold to end filibusters and statehood for DC and Puerto Rico. If he holds a vote in 2020, we'll pack the court in 2021, said Representative Joe Kennedy of Massachusetts.
00:25:38.000According to Axios, Democrats are not optimistic about blocking the nominee, but they have many ways of retaliating if they win Senate control and are licking their chops about real movement and ideas that have been pushed futilely for decades.
00:25:51.000For instance, the Constitution does not fix the number of justices, which could be changed by an act of Congress and the president's signature, according to the National Constitution Center.
00:26:01.000Apparently, again, Schumer has already said that he would think about packing the court.
00:26:05.000House Judiciary Chair Jerry Nadler tweeted yesterday, if Senator McConnell and Senate GOP were to force through a nominee during the lame duck session before a new Senate and president can take office, then the incoming Senate should immediately move to expand the Supreme Court. Former Obama Attorney General Eric Holder, who's been championed as Captain Abide by the Law, which was always absurd. He backed that idea yesterday as well. Also, we already know that Democrats have talked about eliminating the filibuster.
00:26:29.000Remember that President Obama, who used the filibuster many, many times.
00:26:32.000Robustly, he used the filibuster during his Senate career.
00:26:36.000He called the filibuster rule a Jim Crow relic.
00:26:39.000Remember, Democrats have used that Jim Crow relic several times this year to stymie Republican legislation, including a coronavirus relief bill, as well as a police reform bill.
00:26:50.000and adding Puerto Rico as states in the assumption that both of those will then vote Democrat, which would add four Democratic senators and completely skew the balance of power in the Senate of the United States.
00:26:58.000That would be a complete violation of institutional norms going back all the way to the beginning of the republic.
00:27:02.000If there were two sides in America, Whatever those sides were, pro-slavery, anti-slavery, Democratic versus Republican, the basic rule was, whatever the two sides were, if you were going to add states, you added them two at a time, one for one side, one for the other, so you didn't violate the constitutional structure and create an impetus for states to believe that they were being jobbed and then leave the union.
00:27:22.000Democrats are talking about pushing incredibly, incredibly hard.
00:27:25.000Brian Fallon, Executive Director of Demand Justice, And a former Toph Schumer aide said, one, a post-Trump nominee prior to the election invoking the GOP's own rule from 2016, as we'll say in a second, that was not in fact the GOP rule from 2016.
00:27:38.000The GOP rule was never, at least not according, as Mitch McConnell articulated it, it was never, a president cannot have his nominee confirmed in the final year of his term.
00:27:45.000It was, if the president is of a different party from the Senate, he cannot guarantee that his nominee will be confirmed.
00:27:52.000Which again, historically happens to be true.
00:27:54.000Okay, Erwin Chemerinsky, who is a longtime Democratic theorist from USC, he has a piece out today in the LA Times openly calling for the Democrats to pack the court.
00:27:59.000He says that this is the secret weapon.
00:28:01.000the play there is no other play. Erwin Chemerinsky who is a longtime Democratic theorist from USC he has a piece out today in the LA Times openly calling for the Democrats to pack the court. He says that this is the secret weapon they should they should pack the court ASAP.
00:28:23.000He says the Democrats have few cards to play.
00:28:25.000Even if that happened, all that would happen is that there would be additional abortion restrictions in red states.
00:28:30.000There would not be abortion restrictions in blue states.
00:28:43.000Even if that happened, all that would happen is that there would be additional abortion restrictions in red states.
00:28:47.000There would not be abortion restrictions in blue states that would continue as is.
00:28:51.000And DACA, by the way, that was a bad decision.
00:28:54.000One way for Democrats to make clear is, according to Tremorinsky.
00:28:57.000One way for Democrats to make clear they will not tolerate Republicans trying to fill this seat in advance of the election would be for them to pledge that if they take the White House and Senate in November, they will increase the size of the Supreme Court to 13 justices.
00:29:07.000The number of justices on the court is set by federal law, not the Constitution.
00:29:11.000Since its beginning, it has ranged from having between five and ten members.
00:29:13.000Since the 1860s, it has remained at nine.
00:29:17.000So now he says we should pack the court.
00:29:20.000First of all, it's not putting party over principle to vote for a nominee that a president of your party nominated.
00:29:23.000And Post saying exactly the same thing.
00:29:25.000If McConnell pushes through a nominee, President Biden should pack the court.
00:29:29.000Republicans have put party over principle, Biden can do something about it.
00:29:32.000Hey, first of all, it's not putting party over principle to vote for a nominee that a president of your party nominated.
00:29:38.000That is like the way things are generally done.
00:29:41.000It's only the stupidity of Republicans in confirming a bunch of Democratic hacks to the Supreme Court that has led to this current belief that Republicans have an obligation to vote on Merrick Garland should not vote on the Republican nominee.
00:29:54.000By the way, it's fun to watch everybody rush to the other side, right?
00:29:56.000So you have a bunch of people who in 2016 were like, yeah, we don't have to vote on Merrick Garland.
00:30:00.000And Democrats are like, you have to vote on Merrick Garland.
00:30:08.000Like the switch in time is pretty incredible.
00:30:11.000People just rushing side to side frantically as the Titanic goes down.
00:30:14.000According to Joe Filippovich, For liberals, Ruth Bader Ginsburg's death brings shock that Nikon is gone, that she didn't make it until the next presidency, and terror.
00:30:22.000Senate Majority Leader Mitch McConnell, who in 2016 blocked President Barack Obama from filling a Supreme Court seat vacated about nine months before the presidential election, says he will permit Trump to fill one left empty less than two months before this year's election.
00:30:38.000If Trump and McConnell jam at a pointy through, it is not enough for Democrats to raise hell about the hypocrisy, the duplicity.
00:30:43.000It's not enough to target every Republican senator who goes along.
00:30:46.000It's not enough to have voters bombard the Republican senators' offices with phone calls and protests.
00:30:50.000Because those things have been happening for four years, and none of them have persuaded the GOP to put stability of the country or obligations of office ahead of that party's thirst for power.
00:30:59.000So Democrats should threaten to pack the court.
00:31:01.000And if McConnell pushes through a new justice and Joe Biden wins, they should follow through.
00:31:06.000So, Democrats are threatening to break the institutions.
00:31:09.000That's not the only institution they are threatening to break, by the way.
00:31:12.000They're also threatening to use impeachment.
00:31:14.000And so, last I checked, impeachment was for high crimes or misdemeanors.
00:31:17.000Now, listen, you can impeach for any reason.
00:31:19.000It is perfectly constitutional to impeach for any reason under the sun.
00:31:21.000But there has been a general rule that, at the very least, you ought to have the slender reed of some basis for an impeachment.
00:31:27.000Democrats are now saying, what if we just impeached Rando McFace over here to hold up the Senate's business so they can't actually confirm a justice?
00:32:18.000I mean, George Stephanopoulos, who has led a life of attempting to basically spout Democratic talking points through his questions.
00:32:25.000You'll recall back in 2012, when he randomly asked in the middle of a Republican debate whether Mitt Romney was going to get rid of contraceptives.
00:32:30.000And everybody was like, what in the hell is he talking about?
00:32:32.000And then immediately within a week, turned into the war on women narrative pushed by the Democratic Party.
00:32:36.000Well, here is George Stephanopoulos, who obviously had some ideas planted with him. I mean, it's pretty obvious here. He plants the idea of Nancy Pelosi supposedly of impeachment. Here he is saying, what if we just impeach Trump to, you know, hold up the business of the Senate? Some have mentioned the possibility if they try to push through a nominee in a lame duck session that you and the House could move to impeach President Trump or Attorney General Barr as a way of stalling and preventing the Senate from acting
00:33:02.000on this nomination. Well, we have our options.
00:33:06.000We have arrows in our quiver that I'm not about to discuss right now.
00:33:12.000But the fact is, we have a big challenge in our country.
00:33:15.000Okay, worth noting that Pelosi then completely lost her train of thought in the middle of the conversation and literally restarted the interview.
00:33:20.000So one of the great things about our current republic is that everybody is geriatric and senile who is currently in a position of power or running for a position of power.
00:33:28.000When the young buck is Chuck Schumer, you know you're in trouble.
00:33:30.000Here's Nancy Pelosi completely losing her train of thought and nearly keeling over.
00:33:35.000Ten states, as I said, on Friday started their early voting the day that we lost Ruth Bader Ginsburg.
00:33:42.000But to be clear, you're not taking any arrows out of your quiver.
00:33:57.000It's weird when those gears get stuck there for just a second and the Botox infuses the brain.
00:34:00.000So all good stuff happening in the country.
00:34:03.000Here's the bottom line for a lot of this.
00:34:05.000What's happening right now is the Democrats are threatening to destroy institutions.
00:34:08.000And the media are telling Trump that he is destroying institutions by doing exactly what the Constitution says a president is supposed to do.
00:34:14.000And that McConnell is destroying institutions by doing exactly what the Senate is supposed to do.
00:34:19.000You can't negotiate with political terrorists.
00:34:21.000It is political terrorism to threaten to burn down every institution of government unless you get your way.
00:34:25.000It's what my son does when he is fussing, and he decides to lie on the floor and scream and shout.
00:34:32.000In fact, it is significantly more important that Republicans now put through a justice simply to make the point that Democrats cannot threaten to burn down every institution of constitutional government because they don't like the outcome of the system.
00:35:10.000For all the talk about Trump violating institutional norms because Trump says vulgar things and boorish things and he's blunt and he says all this stuff.
00:35:16.000The fact is, Democrats trotted out Stacey Abrams at the DNC claiming she was governor of Georgia after losing by 50,000 votes.
00:35:23.000I don't want to hear about institutional norms when your party is openly threatening to pack the court, impeach people for no reason, just to hold up the process, Add states willy-nilly through simple majority vote and break whatever balance there is in the United States.
00:35:37.000And here's the predictable result of this.
00:35:39.000Let's say that the Democrats went forward with all of this.
00:35:41.000Let's say that the Democrats really went for it.
00:35:58.000How long do you think the country lasts after that?
00:36:01.000Do you think that Texas, Florida, Georgia, Mississippi, any of those states are going to abide by federal dictates coming down from a perverted form of constitutional government nobody consented to?
00:36:12.000Do you think that they're going to abide by a constitutional decision coming from a court of 13 packed by Democrats?
00:36:18.000Do you think that states are simply going to remain as they become minorities in a government to which they did not consent?
00:36:24.000Do you think that that is going to happen?
00:36:26.000Or do you think we are going to come to a true constitutional impasse?
00:36:28.000It is not the appointment of the justice that is a constitutional impasse.
00:36:31.000It is the violation of the system itself that is the constitutional impasse.
00:36:37.000Because if you are living with the sword of Damocles hanging over your head every moment, that, oh, if we don't give Democrats what they want, guys, you know, next time they get power, they're going to kill the filibuster, add states, destroy the Supreme Court.
00:36:57.000If a state says, if Texas says, we are not, let's say that a Democratic Senate passes a gun confiscation measure that violates the Second Amendment, and a packed Democratic Supreme Court then says, you know what?
00:37:07.000Second Amendment no longer is in the Constitution.
00:37:15.000Okay, because the bottom line is whoever breaks the system is now responsible for the breaking of the system.
00:37:19.000Appointing injustice and confirming injustice is not breaking the system.
00:37:23.000We're gonna get to more of this in just one second.
00:37:26.000First, let's talk about the fact That you can still, in these dark and difficult times, you can still do something really, really meaningful.
00:37:33.000I'm talking about taking a family memory or taking a picture of one of your favorite people or situation and turning it into a beautiful portrait you can hang above your mantelpiece.
00:37:41.000So in my house, in my magnificent home, I have a beautiful portrait of me, my wife, And two of our three children, which means it's time for us to go back to Paint Your Life and now get a picture of all of us, including my tiny little baby, who is the very cutest baby in the entire world.
00:37:55.000That's why we're going to head on over to paintyourlife.com and get a professional hand-painted portrait created from any photo at a truly affordable price.
00:38:02.000Choose from a team of world-class artists who work with them until every detail is perfect.
00:38:06.000User-friendly platform, it lets you order a custom-made hand-painted portrait in less than five minutes.
00:38:59.000Naturally, the media are proclaiming that Republicans are violating constitutional norms by nominating and confirming injustice.
00:39:05.000As we've already discussed, this is not the case.
00:39:07.000So President Trump came out immediately and he said he was at a rally when he found out about this and then he was told about it on the way back to his plane on the tarmac.
00:39:35.000I think the process can go very, very fast.
00:39:38.000I'll be making my choice soon, and when the choice is made, I'll be sending it over to Mitch in the Senate, and they will do what they have to do.
00:39:57.000He said, we're not going to sit by and not fill the seat.
00:40:00.000He said, President Trump's nominee will receive a vote on the floor of the United States Senate.
00:40:04.000Senate Majority Whip John Thune, who is the number two, he said, I believe Americans sent a Republican president and a Republican Senate to Washington to ensure we have an impartial judiciary that upholds the Constitution and the rule of law.
00:40:14.000We will fulfill our obligation to them.
00:40:16.000As Leader McConnell has said, President Trump's Supreme Court nominee will receive a vote on the floor of the United States Senate.
00:40:23.000Lisa Murkowski and Susan Collins immediately said no.
00:40:26.000They said they're not going to vote on any nominee that comes forward this year.
00:40:30.000It's not a shock that Murkowski is doing that.
00:40:33.000It's not really a shock that Collins is doing that either.
00:40:35.000Collins had expressed hesitance at voting this way in the final year of Trump's term, and she's an extremely competitive race in Maine right now.
00:40:43.000This basically leaves two senators who are up for grabs.
00:40:46.000So Republicans can lose three and then have Pence break the tie.
00:41:11.000He should try to get it done right now.
00:41:13.000And let the Democrats have their hearings.
00:41:14.000Let them try and slime whoever the Republican nominee is, Kavanaugh style, which they absolutely will do.
00:41:19.000That's already begun, as we'll talk about in just a second.
00:41:22.000So right now, Republicans can lose three but not four.
00:41:25.000So they've already lost Collins, they've already lost Murkowski.
00:41:27.000That means they can afford to lose one more, but not two.
00:41:29.000So Grassley, Senator Chuck Grassley from Iowa, he had suggested earlier this year that he might not be up for voting for a Trump nominee in the final year of his term.
00:41:40.000Mitt Romney would be the other one because Romney, of course, voted in favor of impeachment.
00:41:44.000And he's a big, I like to be seen as genteel and civil kind of guy, even though he was absolutely obliterated by a less than genteel Obama-Biden campaign in 2012.
00:41:55.000But there was a rumor going around on Friday that he was already moving away from voting for the nominee, and then his spokesperson came out and said, no, that's not true.
00:42:03.000So right now it appears that there will be enough Republican votes, although again, this thing is on a knife's edge.
00:42:12.000Wouldn't be if Alabama Republicans hadn't nominated Roy Moore, but that's another story.
00:42:17.000So the way that the media are trying to spin this is Republicans are violating norms.
00:42:24.000They're threatening to pack the Supreme Court, add states, kill the filibuster.
00:42:28.000Four separate things that violate every institutional norm, including norms that have been in place for about 150 years.
00:42:34.000And Republicans, for performing their exact Article 1 functions, are apparently violating a constitutional norm.
00:42:43.000Now, the way that the Democrats are trying to claim that Republicans are violating the norm is, of course, because Republicans did not bring up Merrick Garland for a vote in 2016.
00:42:51.000Now, there are a couple of things to be said about this.
00:42:54.000One, I'm of the opinion that you should never vote for, as I've said, never vote for a justice who is going to pervert the Constitution, which means I would have voted against Sotomayor.
00:43:03.000Hell, I would have voted against John Roberts.
00:43:04.000I mean, the fact is that unless you have a proven track record of voting constitutionally in court cases, I would not vote for you under any circumstance.
00:43:12.000I don't care whether it is year seven.
00:43:14.000It is your absolute constitutional duty not to vote for justices you know will pervert the Constitution out of some weird perception of keeping order in the Senate.
00:43:49.000She was for the National Organization of Women, obviously very far to the left.
00:43:53.000But there was still this sort of weird hangover from the 40s, 50s, 60s, where as long as the person wasn't obviously judicially unqualified, you were going to vote for them no matter what.
00:44:04.000That broke during the Bork hearings, and then it broke again during the Thomas hearings, and then it seriously broke during the Kavanaugh hearings, when Democrats took a very well-qualified jurist, no matter what you think his ideology is, and suggested he was a rapist.
00:44:14.000At that point, Republicans were like, we're out.
00:44:32.000McConnell in 2016 said, if the parties are controlled, if the chambers are controlled by different parties, we have no obligation to bring the person up for a vote in the final year of an election.
00:44:39.000The idea being once we get past the election, if it's Hillary, then we will confirm Merrick Garland.
00:44:43.000Now I always, again, I always thought that was stupid.
00:44:52.000Because he got too clever, now Democrats are trying to suggest that it's hypocrisy.
00:44:57.000It is worth noting that it's hypocrisy in the other direction as well.
00:44:59.000I know everybody's ignoring this, but it is hypocrisy in the other direction as well.
00:45:02.000Here's every Democrat under the sun in 2016 saying that Merrick Garland's seat should be filled, apparently by a Republican Senate, who disagrees with the nominee.
00:45:11.000The blockade on filling a naturally occurring vacancy, in my view, is harmful to the independence of the Article 3 branch.
00:45:18.000You cannot keep a seat on the Supreme Court which represents all of us.
00:45:23.000You cannot keep it vacant against the Constitution.
00:45:27.000Do pretty much everything they can to avoid acknowledging the legitimacy of our democratically elected president.
00:45:35.000The American people expect the president's nominee to be given a fair hearing and a timely vote in the Senate.
00:45:41.000Every day that goes by without a ninth justice is another day the American people's business is not getting done.
00:45:59.000That is a perfectly principled stand, badly articulated in 2016.
00:46:02.000So you end up with questions like this from Chris Wallace to Tom Cotton, the senator from Arkansas.
00:46:07.000I really don't think there is any hypocrisy at all in saying we need to give voters, because, I mean, you can parse the 2014 election, the 2018 election any way you want, but you stated a pretty firm principle in 2016 about Merrick Garland.
00:46:22.000It's wrong to deny voters a chance to weigh in.
00:46:25.000You don't see any hypocrisy between that position then and this position now?
00:46:31.000Chris, the Senate majority is performing our constitutional duty and fulfilling the mandate that the voters gave us.
00:46:59.000Now, that's not stopping the Democrats from lying about the principle.
00:47:02.000So, Barack Obama put out a little statement.
00:47:05.000Always too long, because word counts and Barack Obama have never met.
00:47:08.000But, he wrote, a basic principle of the law and of everyday fairness is that we apply rules with consistency and not based on what's convenient or advantageous in the moment.
00:47:32.000The rule of law, the legitimacy of our courts, the fundamental workings of our democracy all depend on that basic principle.
00:47:36.000Also, we should get rid of the filibuster, add states, destroy the integrity of the Supreme Court, and maybe just maybe, you know, basically do what I want when I'm president of the United States at all times, regardless of the politically neutral principle.
00:47:50.000So I heard from some conservatives over the weekend Well, before the weekend, because it was Friday afternoon, I heard from some conservatives and they were saying, listen, if we want the country to hold together, then there needs to be some sort of compromise here.
00:48:03.000If we want the country to hold together, there needs to be a compromise.
00:48:05.000And the compromise needs to be that the Republicans back off of this and Democrats back off of their threats.
00:48:14.000And if we want them not to pack the court, if we want them not to add states... And I said, OK, so what is the guarantee they don't do that anyway, considering they've been talking about it for a long time?
00:48:53.000Force the Democrats to hold hearings on Amy Coney Barrett or whomever else Donald Trump picks.
00:48:58.000So Joe Biden is trying to walk it back, right?
00:48:59.000Joe Biden, this has some real electoral implications, what's happening right now.
00:49:03.000So the Democrats are stuck a little bit between a rock and a hard place.
00:49:07.000Nobody knows how this is gonna break poll-wise, right?
00:49:09.000It throws a hand grenade in the middle of the election, no question.
00:49:13.000There are serious electoral implications to this.
00:49:15.000If Democrats go too far, if Democrats either try to bork Amy Coney Barrett, a Catholic mother of seven from Indiana, With very well-qualified resume.
00:49:25.000If they try to borker, or if they threaten that they're going to add states to the country, if they threaten they're going to pack the Supreme Court, if they threaten to impeach, if they go wild here, that puts Joe Biden's campaign in danger.
00:49:37.000The reason it puts Joe Biden's campaign in danger is because Joe Biden was supposed to be a breath.
00:50:02.000And you can finally take a breath because I mean, really, is anything going to get done with this doddering old guy over there kind of like walking around eating his cream of wheat?
00:50:17.000Everybody can breathe for the first time in years.
00:50:20.000OK, that pitch completely disappears the moment the entire Democratic Party infrastructure threatens to destroy every institutional norm of the system.
00:50:31.000If the Democrats now say that if Joe Biden is president, we are adding two states and four Democratic senators permanently shifting the balance of power in the United States Senate.
00:50:40.000If the Democrats say we are going to add four Supreme Court justices with lifetime tenure, which means that if a Republican ever gains power, they have to pack the court.
00:50:48.000So we end up with 29 members of the Supreme Court.
00:50:51.000And if not, then Democrats have then gamed the system.
00:50:55.000If Democrats say, we're going to kill the filibuster and ram through whatever we damn well please with a packed Supreme Court to greenlight it, breaking the system in every way, right?
00:51:03.000Because no state is going to abide by that.
00:51:06.000Again, if you are Texas or Mississippi or Georgia or Florida, are you going to sit around and listen to a federal government with 51 votes, no filibuster, greenlit by a packed Supreme Court, tell you that constitutional norms no longer exist and they can pass whatever they damned well please?
00:51:22.000This is no longer a campaign running for a return to normalcy.
00:51:25.000This is a campaign running for a complete remaking of the American government toward a direction that nobody has consented to.
00:52:10.000Democrats are now the party of radicalism.
00:52:13.000Democrats are now the party of not normal.
00:52:15.000It is not normal to threaten to impeach somebody just to hold up the Senate process.
00:52:19.000It is not normal to say that with 51 votes, you're going to pass whatever legislation you want, including full states with their own sets of senators.
00:52:28.000You don't get to claim Donald Trump is a threat to America's core institutions while simultaneously threatening to violate every single norm and completely change the structure of the balance of power and the institutions themselves.
00:53:02.000He's gonna try, and with the media, turn this into a referendum on the Republicans being mean to Merrick Garland in 2016, which no one cares about or remembers.
00:53:10.000I mean, seriously, the number of people in America who are like deeply mourning for Merrick Garland.
00:53:21.000What he really has to protect himself from here is the left flank of his party, which is now the mainstream flank of his party.
00:53:26.000We are beginning to see the conflict break out into the open between the Kamala Harris wing of the party and the Joe Biden wing of the party.
00:53:32.000Remember, if Trump nominates somebody, which he will, and if that person has hearings, which they will, Kamala Harris is going to be there trying to slander that Supreme Court nominee in the same way she tried to slander Brett Kavanaugh.
00:53:41.000That's going to be real bad for Biden.
00:53:43.000So Biden, for the first time, is looking kind of vulnerable up there.
00:53:46.000And you can tell he gave the speech yesterday in which you can tell he doesn't know which way to go.
00:53:49.000He's kind of like a trapped rabbit here.
00:54:26.000Okay, so everybody needs to de-escalate by doing exactly what we want, because if we don't de-escalate, then we're going to blow everything up.
00:54:31.000Here's what Joe Biden could do, right?
00:54:59.000See, that'd be an easy giveaway for him, but he can't do that because his own party will kill him for doing that.
00:55:04.000Remember, they were talking about this stuff before the seat opened, which means, as Josh Holmes, former press secretary for Mitch McConnell, said, they already shot the hostage.
00:55:16.000There is no trust that can be built on the back of Joe Biden.
00:55:19.000Nobody's going to trust that even if Joe Biden guarantees personally that they're not going to do any of these things, that they won't do any of those things regardless of whether the Republicans fill the seat.
00:55:28.000There is no stepping back from the brink here.
00:55:29.000It's not a thing that is going to happen.
00:55:35.000That's putting aside all of the impact that a Supreme Court justice will do, including, you know, again, I'm not a person who believes deeply in the generalized power of the Supreme Court.
00:55:44.000I think they tend to more green light trends than they do actually stand up for the Constitution.
00:55:48.000But there will be edge cases where the Supreme Court makes a difference and preventing the left from gaining complete footholds in the Supreme Court.
00:55:55.000And I'm more interested in having another person on the Supreme Court to not be wild leftist than I am, you know, suggesting faith in the Supreme Court to implement the actual constitutional principle. With all of that said, Joe Biden has a problem here.
00:56:11.000His party is now threatening extremely radical things.
00:56:14.000And Republicans know this, which is why the two people who they are talking about nominating are Amy Coney Barrett, on the one hand, and a woman named Barbara Lagoa, on the other.
00:56:54.000During her confirmation hearings, she said she would follow all Supreme Court precedent without fail and would regard Roe vs. Wade as binding precedent Democrats then went completely anti-religious on Barrett.
00:57:06.000They quoted her saying that a legal career is but a means to an end, and that end is building the kingdom of God.
00:57:12.000Well, if you've ever met a religious human being, every single religious person believes that whatever their career is, is a means toward serving God.
00:57:18.000That is what it means to be a religious person.
00:57:19.000That doesn't mean that she's going to start writing New Testament segments into Supreme Court decisions.
00:57:58.000I don't see why Republicans should not, except they don't believe they'll be able to get away with it.
00:58:03.000But Barbara Lagoa has been now elevated to the top of the stack.
00:58:09.000Her 14-year tenure as a state and federal judge presents Democrats with opportunities to scrutinize her record, says the Washington Post.
00:58:15.000So she conferred this month in a federal appeals court ruling that is expected to keep 85,000 felons registered to vote in Florida from casting ballots.
00:58:23.000She repeatedly sided with business when she was on the Florida High Court.
00:58:29.000And she has said that she would faithfully apply precedence when it came to Roe versus Wade.
00:58:34.000People who know her say that she is very pro-life, which again doesn't mean Anything when it comes to jurisprudence.
00:58:40.000It just means that she's personally pro-life.
00:58:41.000She's a mother of three, including a pair of twins.
00:58:43.000Apparently, she is quiet and collegial with shrewd political instincts.
00:58:47.000She was also a member of the pro bono legal team representing the Miami relatives of Elian Gonzalez, the Cuban boy whose mother drowned while trying to escape with him to the United States and who was turned over to his father in Cuba by the Clinton administration.
00:59:00.000So Lagoa is obviously very friendly with the Federalist Society.
00:59:05.000Her husband, Paul Huck, is a godfather of the Federalist Society in Miami, apparently.
00:59:10.000So these are the two kind of top nominees.
00:59:12.000Both of them would be difficult for Democrats to attack.
00:59:24.000And frankly, it's a danger to the system, because if the Democrats go too far, you are going to start to see the country break up.
00:59:28.000You're going to see states start to say the federal government has lost all legitimacy.
00:59:32.000Democrats got to be real careful here.
00:59:33.000A lot more careful than Republicans in merely fulfilling what everybody else figured, which is if Trump appoints a replacement and the Republicans hold the Senate, they get to confirm him.
00:59:43.000Alrighty, we'll be back here later today with two additional hours of content.
00:59:46.000A lot I didn't get to, including the ridiculousness of the Emmys, plus Nicole Hannah-Jones deleting her entire Twitter history.
00:59:53.000The 1619 Project lady who says we can't whitewash history completely whitewashed her own Twitter history over the weekend.
00:59:58.000We'll talk about that a little bit later on.
00:59:59.000Otherwise, we'll see you here tomorrow.
01:00:30.000Hey everybody, it's Andrew Klavan, host of The Andrew Klavan Show.
01:00:33.000You know, some people are depressed because the American Republic is collapsing, the end of days is approaching, and the moon has turned to blood.
01:00:39.000But on The Andrew Klavan Show, that's where the fun just gets started.