Amy Coney Barrett, Sonia Sotomayor, and Ketanji Brown Jackson join forces to take a shot at President Trump and the MAGA movement. Stephen K. Broussard and Julie Kelly join the show to discuss the momentous Supreme Court decision.
00:00:35.920I wish in my soul, I wish that any of these people had a conscience.
00:00:41.340Ask yourself, what is my task and what is my purpose?
00:00:45.120If that answer is to save my country, this country will be saved.
00:00:51.320War Room. Here's your host, Stephen K. Band.
00:01:00.800It's Friday, 27 June, year of our Lord, 2025.
00:01:04.300This is one of the issues I had with having to cover this war, that you get sucked into it.
00:01:10.100And every second of every day, like President Trump, you just got to focus on it or think about it.
00:01:13.840For the first hour, now the second hour, so many important monumental things have kind of happened in the last 72 hours.
00:01:20.240But these are all years in the making, both at the Supreme Court for support of the family and support of traditional American values and also in the Make America Healthy Again movement and what Bobby Kennedy did the other day.
00:01:32.740So monumental couple of days and we're going to spend time doing it.
00:01:35.560Julie Kelly, I want to go back to you.
00:01:37.200Mike Davis was able to allude to it quickly.
00:01:48.820And as they circulated, that means the other justices, particularly people like Clarence Thomas and Alito, had to kind of – a nod of approval.
00:01:57.860I mean, Amy Coney Barrett took a shot right at Judge – at Brown Jackson, essentially not just for her – it's coming down the side of an imperial judiciary, but kind of took a shot at not being totally with the program and really understanding the law, ma'am.
00:02:21.400This was a blowtorch from Amy Coney Barrett against Ketanji Brown Jackson.
00:02:26.340Now, of course, the three liberal harpies dissented in this opinion.
00:02:31.900Sonia Sotomayor wrote the majority – the minority dissent, excuse me.
00:02:36.940But Ketanji Brown Jackson, who has by far the greatest number of words in Supreme Court oral arguments – I know you've seen that chart that shows her way ahead of everyone else in her commentary.
00:02:49.420A few times she has had to be held back by Justice – Chief Justice John Roberts for continually interrupting and opining during these oral arguments.
00:02:59.520At any rate, she had to throw in her two, three, four, five cents as well.
00:03:04.340And what Ketanji Brown Jackson claims is basically Trump is an authoritarian, the judiciary's role, including these district court judges who are acting single-handedly.
00:03:15.600They are actually the authoritarians because, of course, no one elected them.
00:03:19.340They were appointed and confirmed by the Senate to these lifetime gigs.
00:03:23.620So – and she actually warns that this is going to result in the demise of the republic.
00:03:30.520Ketanji Brown Jackson saying, this leaves a gash in the basic tenets of our founding charter that could turn out to be a mortal wound.
00:03:38.860What it means to have a system of government that is founded by law is that everyone is constrained by the law, no exceptions.
00:03:45.840And for that to actually happen, courts must have the power to order everyone, including the executive, to follow the law, full stop.
00:03:55.920As Amy Coney Barrett, one of her rebuttals to Ketanji Brown Jackson is, no, our job is to take cases and litigation that is passed up through us from the district court to appellate court to us.
00:04:08.840And to manage those cases, to decide who is right and who is wrong.
00:04:14.580So this got – this did get very personal.
00:04:17.300At one point, Amy Coney Barrett actually sort of suggesting that Ketanji Brown Jackson is not following her oath as a judge to work within the constraints of Congress and the Constitution, that the judiciary is not imperial, that is not all-encompassing.
00:04:34.180The judges can just decide on their own if the executive or anyone else is following the law.
00:04:39.740That's not their co-equal branches of government.
00:04:42.680But in Ketanji Brown Jackson and Sonia Sotomayor and Elena Kagan, except for a few years ago when she also decried the use of nationwide preliminary injunctions, now changed her mind because of Trump, everything is through the lens of Donald Trump and Republicans and people like us, the MAGA movement.
00:05:04.200So that's how you got Amy Coney Barrett taking another shot at what Ketanji Brown Jackson saying is legalese.
00:05:18.580Too much legalese coming from the Supreme Court in this majority opinion.
00:05:24.420And she mocked that as well, saying, well, I'm sorry, basically this is a mind-numbingly technical query.
00:05:32.080That's what Ketanji Brown Jackson criticized the majority about.
00:05:36.760She offers a vision of the judicial role that would make even the most ardent defenders of judicial supremacy blush.
00:05:44.680This is Amy Coney Barrett about Ketanji Brown Jackson.
00:05:49.400Observing the limits on judicial authority, including as relevant here, the boundaries of the Judiciary Act of 1789, which is the basis of their overturning these injunctions, something that Ketanji Brown Jackson said is legalese.
00:06:29.640It seems like maybe pent-up frustration from Amy Coney Barrett in this opinion.
00:06:34.740But look, I also think it's sort of a political move by ACB because she has been criticized by us and others, certainly our friend Mike Davis and Maga Quarters, for suddenly appearing to be siding with the three liberal harpies.
00:06:50.300I think this is a way of her not only signaling that she's not aligned with them, has serious questions about their abilities and their intelligence, but also maybe showing her own or trying to show her own independence as one of the justices on the Supreme Court.
00:07:10.000You're arguing that not only – we've pushed back and now have the Supreme Court telling us that this judicial insurrection has to be put down.
00:07:21.620But your theory of the case is we ain't seen nothing yet, that these guys are – these people, men and women, are dug in.
00:07:28.500They understand this is the one way they've got to really slow down the Trump revolution, the Trump movement.
00:07:33.740And you're going to see all types of doubling down in courts and more filings and class actions and every trick they can pull, including judges just saying, hey, we hear you, but we're not going to do it.
00:07:44.900Is that essentially the Julie Kelly theory of the case here?
00:07:49.780Well, I mean, I don't think it's just me.
00:07:52.000Of course, I don't have a law degree either.
00:07:53.940But I do think that that is something that actually Justice Samuel Alito, he referenced and addressed in his separate concurrence with the majority.
00:08:03.100And he did say that this opinion really leaves this territory where this lawfare can continue, both standing by states, these blue states who have also weighed in in this litigation,
00:08:18.960and then the class-wide certification, class-wide designation that basically gets us to the same place, but then will be kind of this piecemeal approach.
00:08:31.240Also, so he really addressed the concerns about what this will lead to next.
00:08:38.340And I do think that, as we discussed, we're already seeing this playing out with new briefs and motions being filed immediately today.
00:08:45.340So it will take some time the next few weeks until we really see the consequences of this opinion.
00:08:51.840But as far as, again, going back to win for the Trump and the Department of Justice here,
00:08:56.940and I think for separation of powers, not letting one random district court judge in Washington State or Maryland or Massachusetts or New Jersey
00:09:06.940designate an entire ban, an entire set of potential subjects from a presidential directive.
00:09:19.720So there's other ways to accomplishment.
00:09:21.480We sort of saw that in the Alien Enemies Act.
00:09:24.080So there's a lot of different levers that these plaintiffs, these activists, can still use and are using and will continue to use.
00:09:31.980And that was Justice Alito's concern in the opinion today.
00:09:37.260Julie, where do people get you on Substack and social media?
00:09:40.140Because I know people want to figure and want to break it all down, have your deconstruction of all this, ma'am.
00:09:44.400So I'm on Substack Declassified with Julie Kelly and also on ex-Julie underscore Kelly, too.
00:09:51.300I will continue to be posting snippets from this opinion, and I will have a video up tonight on Substack
00:09:57.480talking more about this mean girls catfight between Amy Coney Barrett and Ketanji Brown-Jackson.
00:32:54.420It's not up here as a lead story in the New York Times hammering you people about you're essentially going to kill the nation, starting with the children, ma'am.
00:33:04.100So what that story is all about, Steve, is that mercury finally has been taken out of all routine childhood vaccines, including flu shots.
00:33:17.500Now, Dr. Malone's right that it was a small percentage at this point.
00:33:22.120But this has been a 30-year battle because it became known that thimerosal, this mercury-containing preservative in multi-dose vials, was being administered.
00:33:33.480And they hadn't kept track of the amount of mercury.
00:33:45.620So basically, the first president of Children's Health Defense, my friend Lynn Redwood, gave a presentation yesterday to the ACIP, the Advisory Committee on Immunization Practices, and she walked them through the history and she walked them through the science.
00:34:03.080There's zero question that mercury is harming people and it should never be injected into babies.
00:34:09.200And so what was established yesterday is in a six-to-one vote, there's no more multi-dose vials with mercury.
00:34:17.400This is a big deal because for 30 years, Steve, the medical profession, the American Academy of Pediatrics, the government have been saying, oh, well, you know, out of an abundance of caution, we took that out and it really was never causing any harm anyway.
00:34:32.220No, this taking this out and putting in place a prohibition or putting in place the fact that the government's not going to pay for this anymore, that's going to save babies.
00:34:42.400That's absolutely going to save lives.
00:34:43.920And it does put big pharma on the defensive because the government has now taken the science-based step.
00:34:51.480And if you want to read something really fun, Bobby Kennedy himself in an ex-post just pushed back this week on a Guardian article saying, oh, you know, there's nothing to thimerosal, you know, it's no big deal.
00:35:05.360And he just decimates the Guardian article with the science.
00:36:29.180I mean this is one of the biggest wars in Washington, D.C.
00:36:32.980Now it's kind of burst out to the scene and they're saying, hey, we warned you that Kennedy was a radical and had all these nutcase anti-vaxxers that went back of him.
00:36:43.040But why did they pick something like this as be the first kind – there's more coming.
00:36:47.400But why are they sitting there when something like mercury seems obvious you shouldn't have it in a flu vaccine, ma'am?
00:37:21.100At the heart of this mercury issue has been do vaccines cause autism?
00:37:25.680And 30 years ago, when parents were seeing their kids regress into autism, at first they were really fingering mercury and thimerosal.
00:37:33.960And thimerosal was taken out of most of the shots, including most of the flu shots.
00:37:38.140But for them on this issue, it takes us right to the heart of why are so many kids, 1 in 31 in the latest data, being diagnosed with this neurodevelopmental condition, which is associated with harms from mercury as a toxic exposure.
00:37:56.400So it takes us right into the heart of this question that, again, the CDC has been asleep at for 30-plus years.
00:38:03.880They don't want to look at this, Steve, because there is culpability here.
00:38:10.160And it hadn't been on the long-term agenda.
00:38:12.420Everything else that they considered had been on this running agenda, all these different vaccines.
00:38:17.380But the thimerosal was put straight there in the middle.
00:38:20.180And this is – Bobby Kennedy wrote a book on thimerosal, right?
00:38:23.000This really is in some ways one of the starting point issues for children's health defense and why we have an epidemic of chronic childhood disease.
00:38:31.500So is that why the fight's so big because they realize they kind of see downrange where you guys are heading, which is this – these vaccines or the over-vaccination of all these 62 vaccines or different vaccines is the reason that we've seen the rise, which Bobby talked about in his confirmation hearing.
00:40:34.080They're trying to cut Bobby Kennedy off at the knees.
00:40:37.320So everything he does has to be challenged.
00:40:40.620And, you know, nobody talks about the fact that this committee actually only had about eight people on it last year.
00:40:47.840And then right before the Biden left office, they packed the committee with Biden people and packed other federal committees,
00:40:55.440a number of them with Biden people so that Trump wouldn't have the opportunity to name his own people.
00:41:01.500And and so Bobby dismissing the entire committee and filling them with with people who are not part of mostly Barma's coterie is a big challenge.
00:41:14.140And it may I think she I think she froze up.
00:41:58.120What is the situation with Senator Cassidy?
00:42:00.320You know, he was the last confirmation vote and he represented to the Senate that he got all he extracted all these promises from Secretary Kennedy.