Relatable with Allie Beth Stuckey - October 16, 2020


Ep 314 | The Monumental Importance of the Supreme Court | Guest: Sen. Ted Cruz


Episode Stats


Length

24 minutes

Words per minute

169.49644

Word count

4,093

Sentence count

268

Harmful content

Misogyny

4

sentences flagged

Hate speech

5

sentences flagged


Summary

Summaries generated with gmurro/bart-large-finetuned-filtered-spotify-podcast-summ .

Ted Cruz joins me to talk about the importance of the Supreme Court, the threat to our freedoms posed by a Democratic majority on the court, and why we should care more about the policies and decisions that affect our civil liberties than about the person on the ballot.

Transcript

Transcript generated with Whisper (turbo).
Misogyny classifications generated with MilaNLProc/bert-base-uncased-ear-misogyny .
Hate speech classifications generated with facebook/roberta-hate-speech-dynabench-r4-target .
00:00:00.000 Hey guys, welcome to Relatable. Today I have a very special guest, Senator Ted Cruz. We
00:00:16.180 are talking about the Supreme Court, the importance of the Supreme Court, the threat to our freedoms
00:00:22.680 that packing the Supreme Court, something that Joe Biden and Kamala Harris are going
00:00:26.880 to do if they win, something that Democrats have said that they're going to do if they
00:00:31.440 gain power, why that is such a threat to our liberty and to our civil rights. We are going
00:00:39.160 to talk about all of that today with him. This is one of those conversations that is
00:00:46.480 so important when we are thinking about who to vote for. I know I sound like a broken
00:00:50.800 record, but if there is anything that I can emphasize that I can get people to see is
00:00:57.200 that this election, all elections, but I would say in particular this election has such far
00:01:03.800 reaching implications. If we are talking about a party, the Democratic Party, who has said
00:01:09.260 that they want to pack the Supreme Court, that means expanding the Supreme Court to 13 seats,
00:01:14.440 filling in those extra seats with liberal justices. Liberal justices always go in the
00:01:20.680 way of democratic dogma no matter what the law says, no matter what the Constitution says.
00:01:25.460 So that means liberal activism at the expense of your civil liberties. If they do that, if
00:01:31.660 they abolish the Electoral College, if they decide that they're going to give statehood to Puerto
00:01:36.280 Rico and D.C., if they decide that they are going to be able to reconfigure the Senate, which
00:01:41.520 of course would be hard to do. But many people on the left do not believe that the Senate should
00:01:47.460 have the same number of representatives, the same number of senators per state, they believe,
00:01:54.420 like the House of Representatives, that it should be based on population. If that happens,
00:01:59.320 it will no longer be a democracy. We will no longer live in a representative democracy
00:02:05.180 in a republic. The middle of the country, the minority will not have a say at all. The way our 0.99
00:02:12.120 system is set up now, it makes sure that the 51% are not tyrannically ruling over the 49%. That is 0.73
00:02:20.700 how our country was set up intentionally and abolishing the Electoral College, reconfiguring
00:02:26.720 the Senate, makes sure that conservatives, especially conservatives in the middle of the country,
00:02:31.400 don't have a say anymore in our democratic processes. They are using the courts, especially 0.59
00:02:37.320 the Supreme Court, to pass ideas and policies that they know are not popular democratically and
00:02:43.520 that they can't get passed through legislative means. And so they weaponize the courts in order
00:02:49.000 to push things that the democratic elites want, but the rest of the country does not want. That's how it
00:02:54.740 works. And so voting for President Trump has these long-term implications because we are talking about
00:03:01.780 nominating and confirming a justice in Amy Coney Barrett that is going to have a lifelong appointment
00:03:08.360 and whose decisions are going to have lifelong generational implications. And so when we are
00:03:17.700 talking about the election and we're talking about the consequences of the election, it is so much more
00:03:23.380 important to think about things like this and think about the preservation of things like the First
00:03:28.260 and Second Amendment, those amendments that protect constitutional rights for all demographics,
00:03:33.540 rich, poor, black, white, immigrant, native-born, whoever you are. And it's so much more important
00:03:40.060 that we think about the preservation of those rights than a president's personality. And again, I know I've
00:03:46.100 said this so many times, but policies, decisions made by judges and by the Supreme Court are what is going
00:03:54.700 to shape your future and the future for your children and your children's children. Not Trump's
00:04:01.380 personality, not whether or not he interrupts at debates, not even his personal foibles and his
00:04:06.340 moral flaws, which I understand he has many. That doesn't mean that we can't criticize him. That doesn't
00:04:11.520 mean that we can't point out where he's wrong or where he's not Christ-like. We don't have to pretend
00:04:15.600 like he is our savior. But when we are voting, we are thinking about the policies and the decisions that
00:04:21.560 are going to affect our civil liberties, that are going to affect our constitutional rights and the
00:04:27.760 rights of our kids and our grandkids. And so take a step back from Trump's personality, from his personal
00:04:35.240 failures, and think about what policies and decisions you want implemented. I've tried to make the case over
00:04:41.940 the past several weeks that conservative policies are best for every demographic. That doesn't mean the
00:04:48.280 Democrats get everything wrong. That doesn't mean that everyone on the left is wrong about
00:04:52.640 everything. But the current brand of leftism, which is far leftism, that is increasing in popularity in
00:04:59.300 the Democratic Party, I believe only has the ability by nature, only has the ability to deconstruct
00:05:06.620 and divide. It does not have the ability to build up and to bring together. Leftism just doesn't.
00:05:12.340 If you look at the history of Marxism, how it's been implemented throughout the world, which is the brand of
00:05:17.040 leftism that we're seeing from the Black Lives Matter, Antifa, AOC, Ilhan Omar, Kamala Harris,
00:05:24.300 Bernie Sanders, wing of the party. It doesn't work. The implementation of Marxism of socialism
00:05:30.320 only divides, it only brings destruction and deconstruction and ultimately suffering and
00:05:36.300 starvation and resentment and tyranny. It never ends well. And for people to vote for Joe Biden based
00:05:42.860 on the fact that he seems like a nicer guy, which honestly, to me, he doesn't. Seems like maybe a
00:05:48.660 little bit of a better guy because he's a calmer in a debate and because he wears a mask when President
00:05:54.400 Trump doesn't and he doesn't tweet the same as President Trump. It's short-sighted. It's short-sighted.
00:05:59.200 So that's what this episode is about today. This episode is about the importance of long-term
00:06:04.580 thinking when we are thinking about our vote. And a great example of thinking long-term is the Supreme
00:06:12.700 Court and who is going to be making the decisions that will have an effect on which constitutional
00:06:19.460 rights are preserved and which ones are thrown out the window for left-wing activism.
00:06:23.620 Senator Cruz, thank you so much for joining me.
00:06:38.020 Thank you for having me. It's good to be with you.
00:06:40.000 Yes. So you've written this book, One Vote Away. It's about the Supreme Court,
00:06:43.800 why the Supreme Court is so important. Can you just briefly tell us what inspired you to write this book
00:06:49.520 right now? Well, I actually sat down and wrote it this spring and summer. So it was during the
00:06:56.100 lockdown and I was at home working from home and so pulled out my laptop and wrote it. And obviously
00:07:03.120 at the time I had no idea that we would have a Supreme Court vacancy in October. But I did know that
00:07:09.320 of course we had a presidential election in November. And I think judges and the Supreme Court in particular
00:07:15.820 are the single most important reason to vote for Donald Trump over Joe Biden. And so this book,
00:07:23.380 the way it's structured is each chapter talks about a different constitutional liberty.
00:07:28.840 So there's a chapter on free speech. There's a chapter on religious liberty. There's a chapter
00:07:33.360 on the Second Amendment. There's a chapter on democracy and elections. And it's not an academic
00:07:39.200 or theoretical book. Instead, it's practical and real. What it does is bring people inside,
00:07:45.700 bring people behind the curtain, inside the court to understand the Supreme Court, understand the
00:07:50.880 justices. You know, before I was in the Senate, I was a Supreme Court litigator. That's what I did for
00:07:55.900 a living was argue cases in front of the U.S. Supreme Court. And so every chapter tells war stories of the
00:08:02.820 big landmark cases, many of which I helped litigate to help people really understand what's going on
00:08:09.660 there. And, you know, it's striking on case after case after case. Many of them were five to four,
00:08:16.420 meaning we're just one vote away from losing our fundamental liberties.
00:08:21.400 There seems to be a lot of confusion, at least in more liberal circles online, the difference between
00:08:27.940 a constitutional right and a privilege. We see a lot that if you are against the Constitution or if
00:08:33.360 you disagree with the with a Supreme Court decision on a constitutional basis, it must mean that you
00:08:38.880 don't want women to have rights or LGBTQ people to have rights or whatever it is. Can you explain why 1.00
00:08:45.980 that is a fallacious argument and maybe the difference between an actual constitutional right and a
00:08:51.700 privilege? Well, there are all sorts of things that may or may not be good policy decisions,
00:08:59.200 but that are not under the Constitution given to judges to decree. You know, under our constitutional
00:09:06.040 system, public policy is meant to be debated in in the legislatures, in the elected bodies.
00:09:12.700 What happened and I trace this history in the book is is in the 1960s, the left decided that that
00:09:19.640 convincing their fellow Americans of their policy agenda was too hard. And so instead, they would
00:09:26.660 just go to the courts and it was much easier to get five unelected lawyers in robes to decree that
00:09:33.860 result for the whole country than actually to try to convince Americans it was a good idea. And so
00:09:40.860 we've seen that pattern go on and on and on. Look, I'll give an example. So one of the chapters in the
00:09:46.480 book is about school choice. I am passionate about school choice. I think school choice is the civil
00:09:52.460 rights issue of the next century. That being said, I don't think it's the court's job to mandate school
00:10:00.080 choice. I think it would be wrong for the Supreme Court to say we have to have school choice everywhere
00:10:04.480 in America. The right place to make that argument and to win that fight is in the elected legislatures
00:10:10.500 in the state and in the U.S. Congress. And in the Senate, I lead the fight for school choice in the
00:10:14.960 Senate. But what I describe in the book is the case called Zellman versus Simmons-Harris,
00:10:20.820 where there was a challenge to Ohio school choice program. It went to the Supreme Court. By a vote of
00:10:27.040 5-4, the Supreme Court upheld the program. But four justices were ready to strike the program down
00:10:34.140 and strike down every other school choice program in America to rule that nobody could have school
00:10:40.000 choice. Now, that is blatantly contrary to the Constitution. But we're one justice away
00:10:45.100 from a five-justice left-wing majority shutting down every school choice program in the country.
00:10:52.020 Can you explain the difference between how a left-wing justice or judge decides a case versus
00:11:00.280 constitutionalist, originalist, textualist, judge or justice?
00:11:04.440 Sure. It's a great question. The job of a justice is to follow the law, not to implement whatever
00:11:13.340 policy they might agree with or they might not agree with, but to follow the law and follow the
00:11:17.700 Constitution. And so that means in the school choice context, allowing the elected legislatures
00:11:23.920 to decide whether you agree with or don't agree with what they like. Or another example is the
00:11:29.220 Second Amendment. So there's a chapter in the book talking about the case Heller versus District of
00:11:34.420 Columbia. It's the landmark Second Amendment case. What happened there is a fellow named Dick Anthony
00:11:41.700 Heller, who was a federal police officer in D.C. He carried a firearm at work, but D.C. law made it
00:11:49.140 illegal for him to have a functional firearm at home. And so he filed a lawsuit challenging that. It went
00:11:55.660 all the way to the Supreme Court. I represented 31 states before the Supreme Court defending the
00:12:02.960 individual right to keep and bear arms. And the Supreme Court, by a vote of five to four, struck down
00:12:09.080 the D.C. law, said it was inconsistent with the Second Amendment right. It was Justice Scalia wrote the
00:12:13.460 opinion. It is the finest opinion Justice Scalia ever wrote. Now, the position of the dissenters, and this is
00:12:20.720 important to understand, it wasn't that some gun control sometimes is a good idea or is acceptable.
00:12:27.460 That's something actually on which reasonable minds can differ. We can have an intelligent debate about
00:12:33.040 what the right standard is for whether gun control works or it doesn't. That was not what the dissenters
00:12:39.140 said. What the dissenters said was that the Second Amendment protects no individual right to keep and
00:12:45.580 bear arms whatsoever. None. That it protects only what they called a collective right of the militia,
00:12:52.400 which is essentially fancy lawyer talk for a non-existent right. What it would mean if they got
00:12:58.500 one more vote, if the four justices became five, it would mean that no American, you, I, nobody would have
00:13:06.500 any individual right at all under the Second Amendment. That if Congress or the state or your city
00:13:11.960 made it a crime for you to own a gun, that you would have zero legal remedies, and it functionally
00:13:19.460 is erasing the Second Amendment from the Bill of Rights. It's deleting it. Now, in this instance,
00:13:24.080 the liberals don't like that people own guns. They support gun control. Well, it doesn't matter what
00:13:29.900 their policy preferences are. The Second Amendment is written into the Bill of Rights, and the job of a 0.92
00:13:34.660 justice is to enforce the terms of the Constitution. Right. Can you tell us what other civil liberties
00:13:42.000 are on the line? If Joe Biden does get his way, either if they pack the courts, which I'm going to
00:13:48.820 ask you about, or if he just gets his liberal judicial nominee confirmed? Sure. I'll give you another
00:13:57.560 example. One of the chapters in the book is on free speech, and I focus in particular on Citizens
00:14:05.540 United. Now, a lot of folks have heard of Citizens United. They don't really know what the case was
00:14:10.220 about, but they know that Democrats really hate it. It's worth focusing on what Citizens United was
00:14:16.600 about, because it was about whether you and I have the right to criticize politicians. In that case,
00:14:24.820 Citizens United, the group, is a small nonprofit organization based in D.C. They made a movie
00:14:31.420 that was critical of Hillary Clinton, and the Obama Justice Department wanted to go after them. 0.99
00:14:37.420 They wanted to be able to fine them and punish them for daring to make a movie critical of Hillary 1.00
00:14:43.040 Clinton. Case went all the way to the U.S. Supreme Court, and there was one really, really chilling
00:14:49.080 exchange at the oral argument. Justice Sam Alito asked the Obama Justice Department, he said,
00:14:55.680 under your theory of the case, would the government have the authority to ban books? Could the federal
00:15:03.260 government ban books if they criticize politicians? And the Obama Justice Department said, yes,
00:15:09.720 we have the authority to ban books, never mind what the First Amendment says, we can ban any book we
00:15:14.440 don't like if it criticizes a politician. Citizens United was five to four, so the majority struck
00:15:21.320 down that attempt at government power and said, no, the First Amendment gives us a right to speak and to
00:15:29.240 criticize politicians, but there were four justices willing to hold the federal government can prohibit
00:15:35.040 movies and books if they criticize anyone in politics. That is a radical, extreme position, and I'll tell you
00:15:43.900 even more scary, both Hillary Clinton and Joe Biden have explicitly pledged to nominate justices who
00:15:50.780 will vote to overturn Citizens United, so to take away our free speech rights, and they've also pledged
00:15:56.740 to nominate justices who will vote to overturn Heller, so to take away our Second Amendment rights. These
00:16:02.280 rights are at the edge of the precipice one vote away.
00:16:17.120 You hear a lot from the left that people like Amy Coney Barrett, Republicans want to take away their
00:16:23.340 rights, and yet the examples that they give, they don't really, they don't hold a lot of water. There's not a
00:16:31.120 lot of evidence behind it. Can you tell me kind of what's behind those accusations of conservative
00:16:36.900 justices taking away what leftists see as rights? Well, you know, it's interesting. They say that,
00:16:45.980 but you know who didn't say it? Was Kamala Harris last night in the debate. You know who didn't say it
00:16:50.920 a week earlier? Was Joe Biden in the debate with Donald Trump. And actually, the left knows that their
00:16:57.640 positions are not popular. The left knows that taking away free speech is a very unpopular
00:17:03.100 position. The left knows that erasing the Second Amendment from the Bill of Rights is very unpopular.
00:17:08.180 The left knows that their assault on religious liberty, there's a whole chapter on religious
00:17:13.360 liberty. One of the things it talks about is the Little Sisters of the Poor, a Catholic convent of
00:17:18.380 nuns who the Obama administration persecuted to try to force the nuns to pay for abortion-inducing 0.82
00:17:26.380 drugs and others. And by the way, Joe Biden has pledged if he's elected, he'll resume persecuting
00:17:33.280 the Little Sisters of the Poor. That's not a popular position. And it really, I think it's worth 1.00
00:17:39.600 conservatives, Republicans ought to note that in the debates, Kamala and Joe don't defend those
00:17:46.160 positions. They run away. They pretend, you know, it was really revealing last night when Kamala was
00:17:51.420 asked, I think, four separate times, are you and Joe going to try to pack the Supreme Court if you
00:17:57.300 win? And she wouldn't answer. She wouldn't answer. She wouldn't answer. She wouldn't answer. And the
00:18:01.440 answer is yes. Their radical base wants them to do that. But they know the American people don't want
00:18:07.980 to see the court politicized, turned into essentially a democratic super legislature that overturns the will of the
00:18:16.980 people. If you want to change policies in our country, the right way to do it is the political process.
00:18:23.240 Convince your fellow citizens. But democracy is messy. And the far left, they don't believe in it anymore. They believe in
00:18:31.680 dictatorship and power and orthodoxy and censorship. And if you dissent from anything they say, they will
00:18:38.080 cancel you. They will silence you. They will shut you down. And that's an incredibly unpopular position.
00:18:44.400 But I think it's incumbent on us to point out that's what they're arguing for.
00:18:48.600 And the funny thing is, their buzz phrase right now is save our democracy, preserve our democracy by electing
00:18:54.180 Joe Biden. They've talked about packing the Supreme Court and abolishing the Electoral College.
00:18:58.400 I mean, I don't understand how that is the preservation of democracy. Could you talk about
00:19:03.580 specifically what are the implications and really what's the meaning of, first of all,
00:19:08.260 packing the court and even doing other things like possibly abolishing the Electoral College?
00:19:14.320 Yeah, well, you know, there's an entire chapter in the book on democracy and elections. And what it
00:19:19.640 talks about principally is the case Bush versus Gore. So I was part of the legal team that represented
00:19:25.920 George W. Bush and Bush versus Gore. I was a young lawyer at the time. I was working actually on the George
00:19:32.760 W. Bush presidential campaign. So I was living in Austin, Texas, met my wife, Heidi. We met on the campaign.
00:19:39.100 We were in cubicles about 20, 30 feet apart from each other. And if you remember what happened in the year 2000,
00:19:46.440 on Election Day, George W. Bush won. They counted the votes and he won. But in Florida, it was very close.
00:19:52.940 And so Al Gore sent in teams of lawyers to challenge the election outcome. And, you know, what you do if
00:20:00.440 you've lost when you're doing an election challenge is you try to throw out the votes of the winner and
00:20:04.660 you try to get more votes for yourself. And so that's what Gore was doing. He was trying to throw
00:20:08.300 out votes for George W. Bush. And he was trying to find new Al Gore votes after the votes had been
00:20:13.200 cast. I was in Tallahassee, was part of the legal team from the from the beginning and was down there
00:20:20.080 the entire time. You know, one of the things I describe in the book is, is it was utter chaos.
00:20:26.200 You know, in the war room, we had a whiteboard on the wall that had a chart. There were seven
00:20:32.520 different lawsuits, all pending simultaneously, any one of which could cost the presidency of the
00:20:38.200 United States. And and twice the case went to the U.S. Supreme Court. So the first time it went to
00:20:44.780 the Supreme Court, we won unanimously. We won nine to nothing. The Supreme Court concluded the Florida
00:20:50.400 Supreme Court, which was a partisan Democratic Court, had gotten it wrong. So they vacated that
00:20:55.300 decision. They sent it back. The second time it went to the Supreme Court on the question of remedy,
00:21:00.900 the final outcome, the court divided five to four by a vote of five to four. The court said enough is
00:21:08.240 enough. The ballots now have been counted four times. George W. Bush has won all four times.
00:21:14.240 You can't keep challenging and challenging and challenging and dragging, dragging the election
00:21:18.860 out. It's over. Now, the course of that recount was 36 days, 36 days where the entire country and
00:21:26.400 the entire world didn't know who the next president would be. It was chaos. It was uncertainty. And what
00:21:31.540 the Democrats wanted to do is they wanted the courts to decide instead of the voters. They didn't like that
00:21:37.940 the voters had chosen George W. Bush. And so they were trying to get judges to set that decision aside.
00:21:43.580 It's the same thing. I think there's a very good chance we will face that same kind of electoral
00:21:49.040 litigation after this election. And the Democrats want the courts to rule for them, never mind what
00:21:55.980 the law says, to say Joe Biden wins. And if you want to understand the issues that are really at stake
00:22:03.300 there, the book, One Vote Away, How a Single Supreme Court Seat Can Change History. The book is really,
00:22:12.080 I think, a very helpful tool to understand the Supreme Court. A lot of people know it's important,
00:22:17.520 but you don't necessarily understand what's going on. This book is designed, you don't have to be a
00:22:21.240 lawyer to enjoy it. It's designed to be understandable, readable, interesting, and bring you inside.
00:22:28.080 But it also gives you the insight what the election is about in November and what the epic fight over
00:22:35.280 Judge Barrett that we're in the middle of right now. When you're talking to your friends, when you're
00:22:39.600 talking to your family, you want to understand these issues. And this book, I got to say, it's
00:22:45.140 been really encouraging. It's shot to number one, the top bestseller in the country on Amazon.
00:22:50.440 That is awesome. And I think it's because people are finding it helpful and interesting and fun and
00:22:55.440 readable. So I would encourage folks, go to Amazon, go to Barnes and Noble, go anywhere you get your
00:23:00.600 books, and I think you'll find it both interesting and helpful. Yes, it's extremely, extremely readable
00:23:06.620 and easy to understand. Thank you so much for writing it. Just very quickly, what are the chances of
00:23:12.540 Amy Coney Barrett being confirmed before the election? I think they are very, very good. I believe
00:23:18.480 the Senate will confirm Judge Barrett. We're going to start the hearings next week. The Democrats are
00:23:23.500 going to do everything they can to turn it into a political circus like they did with Justice
00:23:27.260 Kavanaugh. But I believe we have the votes. I don't think the Democrats can stop it. They're going to
00:23:32.640 yell and scream and stomp their feet. But at the end of the day, I believe Judge Barrett will be
00:23:38.040 confirmed by the end of the month before Election Day. And I think that is a major victory. By nominating
00:23:45.120 her, President Trump was delivering on his promises to the voters. And by confirming her,
00:23:50.260 the Republican majority in the Senate will be delivering on our promises to the voters.
00:23:54.080 Yes. Well, thank you so much. Thanks for your fight and what you stand for. Thank you for writing
00:23:58.040 this book. I do encourage everyone to go and check it out. Purchase it on Amazon, wherever you
00:24:03.080 get your books. Thank you so much, Senator Cruz.
00:24:05.580 Thank you. Really appreciate it. God bless. You too.