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00:00:17.000The Ben Shapiro Show is sponsored by ExpressVPN.
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00:00:23.000Slash Ben will get to all the news in just one moment.
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00:01:43.000Alrighty, so yesterday, the President of the United States, he's having a bad day, as all of his days are lately.
00:01:49.000He was considering the possibility of a Russian invasion of Ukraine.
00:01:53.000Plus, the stock market was taking an absolute rollercoaster ride yesterday.
00:01:57.000It tumbled dramatically, and then it rose again dramatically.
00:02:00.000But according to Bloomberg.com, the stock market has never been down this much 16 trading days into a year.
00:02:07.000The S&P 500 has dropped 11%, heading toward what would count as a correction so far this year.
00:02:11.000That is the most on record at this juncture.
00:02:13.000According to Bloomberg data that goes back over nine decades, Though drawdowns have been faster in prior years before quick rebounds, most notably in 2009.
00:02:22.000The downturn comes as traders brace for the Federal Reserve to tighten monetary policy, and a surge in U.S.
00:02:26.000Treasury yields weighs on the outlook for stocks.
00:02:29.000A host of technical signals also suggest more volatility may be coming up ahead.
00:02:33.000Rich Roche, the technical strategist at Evercore ISI, he says, the Fed pulled the punchbowl.
00:02:39.000The S&P and NDX broke below their 200 DMA for the first time since the COVID outbreak.
00:02:46.000A bear market down to the 3800 level is likely for the S&P 500, Ross said, given the dramatic erosion of the technical backdrop in conjunction with the highest inflation, tightest policy and most uncertain political and geopolitical condition in years.
00:02:58.000So we went from this is going to be a boom time to we could be looking at a bear market really, really fast.
00:03:08.000And then, of course, the press were ushered out without being able to ask any serious questions of him.
00:03:12.000Well, on their way out, the press do what they usually do, which is they start yelling questions to the president of the United States in the hopes that he responds.
00:03:59.000A few things here that are kind of hilarious.
00:04:01.000First of all, I don't care very much about presidents saying things that we all say about one another, except they happen to get caught on a mic.
00:04:08.000As somebody who's on a mic half of the day, I'm sure that there's audio of me saying things on a hot mic that I really wouldn't want to be public, so I really don't care too much about this.
00:04:17.000However, the hypocrisy of the media here is astonishing.
00:04:28.000of 2017. And Chris Hayes posted, today the president called American citizens who express their political views, sons of bitches. And then yesterday, after this happened with Peter Doocy, he tweeted, literal LOL. Or how about Brian Stelter from CNN, the watchdog of the media.
00:04:45.000He said, calling a journalist a son of a bitch, it was wrong when Trump was just a candidate.
00:04:48.000It's even worse now that he's president because he did it again in March of 2018.
00:04:54.000Quote, at the end of a Biden photo op, when reporters shouted cues hoping he'd respond, Fox's Peter Doocy asked, do you think inflation is a political liability in the midterms?
00:05:03.000Biden deadpanned, it's a great asset, more inflation, what a stupid son of a bitch.
00:05:06.000So it was totally fine with Brian Stelter this time around.
00:05:10.000Meanwhile, you'll recall that in 2020, Donald Trump called somebody a name.
00:05:16.000Trump deflects legitimate questions with attacks.
00:05:19.000He bullies members of the press instead of taking responsibility for his failures.
00:05:22.000His efforts to undermine public confidence in the integrity of reporting violate our core values and threaten our very system of government.
00:05:29.000It was all pearl clutching all the way down when it was Trump.
00:05:32.000But when it's Biden, he's just a genial old fellow who sometimes gets a little bit codgery, you know.
00:05:37.000NBC's Kelly O'Donnell, who, by the way, is the incoming president of the White House Correspondents Association, she said yesterday on the air about Biden, quote, Oh, so it's OK now.
00:06:27.000Apparently, Biden did call Peter Doocy on Monday evening.
00:06:30.000And Doocy said, after years of clips of the president and me mixing it up on the campaign trail and during the transition here at the White House, within about an hour of that exchange, he called my cell phone.
00:07:15.000Now, again, what this comes back to is a basic perception of politics that the left has just gotten wrong, and many on the right got it wrong, too, which is that Donald Trump was the murderer of American politics, not the coroner.
00:07:28.000Donald Trump was elected president because he stumbled upon the body of American politics.
00:07:31.000It was still warm, and there was a knife directly in its back, and then he crouched over it and looked at the knife in the back, and everybody went, he did it!
00:08:16.000It was just, he's a ridiculous person.
00:08:19.000But again, it's the media's double standard here that is truly astonishing.
00:08:22.000When Joe Biden does it, it is perfectly appropriate and totally cool.
00:08:25.000And when it is anybody else who is Republican, then it's because they're bad and mean and it's the death of democracy and democracy is at stake and the free press is about to be trampled upon.
00:08:34.000It's amazing how many reporters made a mint off of the period in which the free press was supposedly in existential danger.
00:08:41.000Meanwhile, you've got Joe Biden holding a press conference once every 300 days, and then yelling at anybody who asks him a question, but the press is definitely not in danger from Joe Biden.
00:08:51.000The situation continues to deteriorate over in Eastern Europe.
00:08:56.000According to the UK Daily Mail, President Biden said on Monday that he and European leaders had total unanimity about the situation in Ukraine, although he declined to provide more details on what they agreed upon.
00:09:05.000Now, that is a switch in language from Joe Biden, who is a wild incompetent.
00:09:08.000Remember that just a few days ago, he had a press conference in which he announced that the Europeans were completely split over what to do if Russia were to just walk into Eastern Ukraine.
00:10:12.000And then there was the Orange Revolution in 2014.
00:10:15.000And that ended with the ouster of Viktor Yanukovych, who was the then Ukrainian president.
00:10:21.000He was sort of a Russian plant, and he was replaced by a more Western-friendly government, but it was never on the table that Ukraine was about to enter NATO.
00:10:29.000So when Putin says that he wants a guarantee that Ukraine will never be able to enter NATO, what he is really saying is we want Ukraine back in our sphere of influence, and that means us occupying certain parts of Ukraine and putting such heavy pressure on Ukraine to kowtow to our demands that they just do so.
00:10:45.000Secretary Austin has placed a range of units in the United States on a heightened preparedness to deploy, which increases our readiness to provide forces if NATO should activate the NRF, or if other situations develop.
00:11:06.000All told, The number of forces that the Secretary has placed on heightened alert comes up to about 8,500 personnel.
00:11:18.000So that is the response is we're going to put more personnel in the surrounding areas, but without any actual ability to stop Putin from going into Ukraine.
00:11:28.000I know there are a lot of people on the right who have been saying that they don't care whether Putin goes into Ukraine.
00:11:55.000This belief system that you can sort of treat every foreign policy issue in isolation as opposed to part of a grand strategy is negated by the fact that our enemies don't treat it like that.
00:12:06.000Our enemies are not like every single foreign policy decision is separate from every other foreign policy decision as part of a grand strategy.
00:12:12.000Russia is extremely aggressive on its borders because it wishes to reestablish the USSR's sphere of interest.
00:12:21.000So, when we allow for vacuums to occur, then those vacuums are filled.
00:12:25.000And then, all those countries that we dislike, all the countries that, for example, unleash pandemics on the globe that kill several million people, and attempt to twist American corporations in their favor, those regimes get stronger, like China.
00:12:37.000Regimes like Russia start to exert more pressure and influence inside Europe, which makes it more difficult for us to do business with Europe to stop China, for example.
00:13:00.000Biden spoke from the White House's Situation Room.
00:13:02.000It was closed to press, but the White House posted a photo of it to its social media accounts.
00:13:06.000Apparently, the group discussed their joint efforts to deter further Russian aggression against Ukraine, including preparations to impose massive consequences and severe economic costs on Russia for such actions, as well as to reinforce security on NATO's eastern flank.
00:13:19.000NATO Secretary General Jens Stoltenberg said the leaders agreed there would be severe cost to Russia if Moscow invaded Ukraine.
00:13:25.000He said, we agree any further aggression by Russia against Ukraine will have severe costs.
00:13:29.000A Downing Street spokeswoman said, should a further Russian incursion into Ukraine happen, allies must enact swift retributive responses, including an unprecedented package of sanctions and that leaders resolve to continue coordinating closely on any such response.
00:13:42.000She added, the leaders agreed on the importance of international unity in the face of growing Russian hostility.
00:13:46.000The prime minister underlined the real human cost of any Russian aggression and the need to take all steps within our power to prevent that outcome.
00:13:53.000They agreed the international community should not tolerate any action which undermines Ukrainian sovereignty.
00:13:57.000The Prime Minister outlined the steps the UK has taken to increase Ukraine's defensive capacity.
00:14:02.000He emphasized the need to support Ukraine's defenses against the full spectrum of malign Russian activity.
00:14:07.000Apparently, Emmanuel Macron, the French President, will be speaking with Russian President Vladimir Putin and the Ukrainian President Vladimir Zelensky in the coming days.
00:14:15.000And apparently, President Macron expressed his deep concern over the situation and the need to work collectively to de-escalate it quickly.
00:14:21.000The de-escalation must involve strong and credible warnings to Russia, requiring constant coordination among European partners and allies, as well as a stepped-up dialogue with Russia, which we are in the process of conducting, said the readout of the call from the Elysee Palace.
00:14:34.000So, that is where things stand right now.
00:14:35.000Hopefully, this is enough to deter the Russians from walking into Ukraine.
00:14:39.000Right now, apparently, 50,000 troops are being considered for deployment into Lithuania, Estonia, and Latvia, all of which are NATO countries.
00:14:46.000There are already 35,000 US troops stationed in Germany.
00:14:49.000There are already about 12,500 troops stationed in Italy.
00:14:53.000And of course, there are Russian troops in Belarus that are going to take part in exercises beginning February 10th.
00:14:59.000And there are a bunch of Russian troops that are stationed in Crimea as well, about 30,000 troops stationed illegally in Crimea, as well as the Russian Black Sea Fleet based in Sevastopol.
00:15:09.000So, You know, the controversy over Ukraine continues to marinate, and we will obviously keep an eye on it.
00:15:16.000The people of Ukraine, for their part, are preparing for the possibility of a significant incursion by the Russians.
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00:16:32.000Meanwhile, over in Ukraine, the normal Ukrainian citizens are preparing their kids for the possibility of an actual open battle According to the Wall Street Journal, computer whiz Danilo Khovshin has taught his children to handle a pistol.
00:16:47.000Confectioner Roman Nabashnyak is training colleagues to run his business so he can focus on fighting Russians.
00:16:52.000Bar owner Vitaly Kreschenko keeps his gas tank full in case he needs to get out fast.
00:16:56.000Ukraine has struggled to maintain a sense of stability since it's fully established itself as a sovereign country in 1991.
00:17:05.000But with 100,000 Russian troops gathering nearby, threatening Europe's biggest land war since the 1940s, people there say something different this time.
00:17:12.000It became kind of normal to say, what, again?
00:17:15.000On the other hand, I tend to be panicky.
00:17:17.000I think it's going to be a nightmare, like Syria.
00:17:18.000That's the only thing Russians can do.
00:17:21.000So the theory is that this turns into like a full-scale guerrilla war, that if the Russians wander across the border, and the Ukrainian army is unable to hold them back, people will basically start doing guerrilla attacks on Russian forces, and it will end up looking like Afghanistan, except right in the middle of Europe.
00:17:36.000Which does have the possibility for serious spillover, because obviously the Ukrainian rebels would be backed by outside forces, the Russians could respond in kind, it could get really, really ugly.
00:17:47.000All of this is because Europe has failed to stop the Russians earlier, always and forever.
00:17:52.000Ukrainian officials have in recent days urged people to remain calm, fearing Russia could try to take advantage of panic.
00:17:59.000warnings that Russia appears ready to invade will provoke alarm.
00:18:01.000Prominent Ukrainians are posting advice on Facebook with a hashtag in Ukrainian, meaning hashtag WeAreReady, including a child psychologist describing how to prepare kids for emergencies like bombings and fires, and how to explain war without traumatizing young ones.
00:18:20.000However, everybody is sort of prepared for things to get much, much uglier in Ukraine in the very near future.
00:18:26.000Meanwhile, it's just worthwhile noting here that all of this really was precipitated by the fact that Joe Biden decided to pull out of Afghanistan for no apparent reason.
00:18:35.000When, again, when the West creates a vacuum, the West's enemies decide to move.
00:18:40.000Jen Psaki is trying to call that Russian propaganda.
00:18:42.000It's not Russian propaganda, it's reality.
00:19:00.000The president ended a 20-year war in Afghanistan, something he had talked about consistently doing for some time as he was running for president and even before then.
00:19:10.000So what I would say to that is that sounds like the old Russian propaganda playbook, something we've talked about in the past, and I'd encourage anyone to be mindful of that.
00:19:22.000Everything I don't like is Russian propaganda, seems to be the formula from this White House.
00:19:26.000Meanwhile, by the way, ISIS is back, so if there's anything else that the Biden administration can set on fire, they're avidly looking to do so.
00:19:32.000According to the New York Times, fighting between a Kurdish-led militia backed by the United States and ISIS militants spread on Tuesday to neighborhoods around an embattled prison in northeastern Syria that is at the center of the biggest confrontation between the American military and ISIS in three years.
00:19:46.000military joined the fight on Monday to back its allies in the Kurdish-led Syrian Democratic Forces against ISIS, days after the militant group attacked a makeshift prison in the city of Hasakah in an attempt to free ISIS fighters held there.
00:20:28.000There's always more things for Joe Biden to screw up.
00:20:30.000But if you're America's enemies, at this point, why wouldn't you move?
00:20:33.000Seriously, what is the convincing case for not moving?
00:20:36.000You have a split America on the domestic front.
00:20:37.000You have a president of the United States who has not taken the measures necessary to deter our enemies from acting.
00:20:43.000You have the Russians and the Chinese and the Iranians holding joint naval exercises.
00:20:48.000Why exactly would they not move if they could?
00:20:51.000By the way, this is having predictable impacts as well, some good, some bad.
00:20:54.000The predictable impacts are that countries now considering whether to enter the Western sphere of influence or whether to join with China or Russia are having to seriously consider because the West is just not a reliable ally.
00:21:05.000It's also true that you're starting to see non-aligned countries beginning to sort of come together in their own bloc, right?
00:21:11.000That's what you're seeing with the Abraham Accords.
00:21:13.000As countries begin to see that the United States is making overtures to Iran, all the other countries are like, well, we better ally among ourselves because otherwise there is not much that we can do in the face of Iranian aggression.
00:21:23.000Alrighty, in just a second, we'll get to the continued panic over Omicron from the left.
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00:22:52.000It does not matter, by the way, that the WHO is essentially saying that we may have reached the end of this pandemic, effectively speaking.
00:23:49.000According to Michelle Goldberg at the New York Times, Weiss described making an all-out effort to avoid COVID early on, and then we were told you get the vaccine.
00:23:55.000You get the vaccine, you get back to normal.
00:23:56.000And we haven't gotten back to normal, and it's ridiculous at this point.
00:24:06.000But the left cannot accept this as an answer.
00:24:09.000And so Whoopi Goldberg yesterday, she got very angry at Bill Maher for pointing out that many people have been living normally in the United States for a year at this point.
00:24:15.000Here's Whoopi Goldberg slapping a Bill Maher.
00:24:19.000Nobody on the planet really wants to go through this.
00:24:22.000This is not something we're doing because it's sexually gratifying.
00:24:27.000This is what we're doing to protect our families.
00:24:29.000And you don't have to do it, but stay away from everybody.
00:24:32.000Because if you're the one who's not paying attention, and you're coughing and sneezing, then stay out of the public, man.
00:25:39.000You're still going out and doing things.
00:25:41.000Like, all of the people who are claiming that they're still walking around masked and that they're in no close contact with other people, I think the vast majority of them are lying.
00:25:49.000And because the fact is that they don't want to live like this on a personal level, but they want everybody else to live like this and they want to be able to lecture everybody else.
00:26:18.000I think there's a prudence we've learned with the masks, the hand sanitizing, that kind of like 9-11 with flying is always going to be here now.
00:26:48.000That is up to you to do that, but that's not what you want.
00:26:50.000You want it to be up to everybody to do that.
00:26:51.000You know, this is the natural health consequence of the entirely ridiculous worldview that your feelings get to decide everybody else's thoughts.
00:27:16.000And because the true you is your feelings, anytime your feelings are affected by anyone else, this is an attack on you.
00:27:22.000And we see this mostly when it comes to sexual proclivities or gender proclivities, that we are all supposed to reflect your opinion of you.
00:27:29.000You call yourself a woman and you're a man.
00:27:31.000We're all supposed to do that so that you feel better on the inside.
00:27:51.000And the answer is that as long as she feels that her health might be affected, And this means that we are all supposed to act in conjunction with that.
00:27:59.000By the way, the reason that everybody is getting uptight now, when they weren't all uptight about taking these measures at the beginning of the pandemic, because here's the deal.
00:28:25.000And then we got the vaccines, which made things much clearer.
00:28:27.000And then we got Omicron, which made things even clearer than that.
00:28:30.000If you didn't change your opinion based on the data, Then that's because you didn't care about the data, and these people don't care about the data.
00:28:36.000So Michelle Goldberg over at the New York Times, she says, the desperate desire to get back to normal is understandable.
00:28:42.000What's odd is seeing the absence of normality as a political betrayal instead of an epidemiological curveball.
00:29:12.000But according to Michelle Goldberg, the reason things aren't normal isn't that power-mad public health officials went back on their promises.
00:29:18.000It's because a new coronavirus variant emerged that overwhelmed hospitals and threw schools and many industries into chaos.
00:29:23.000And because not everyone has the luxury of being insouciant about infection.
00:29:27.000Okay, the vast majority of people who are, quote-unquote, having the luxury of being insouciant about infection, okay, that's the vast majority of the population because they all got vaccinated, had prior immunity from having gotten this thing already, or they're healthy to begin with.
00:29:42.000But here's the real key to Michelle Goldberg's piece over at the New York Times.
00:29:45.000She says, Even with Omicron around, there's a fair bit of normality available, especially if you don't have kids.
00:29:51.000Here in New York City, restaurants, bars, nightclubs, theaters are generally open, though shows are closing at the last minute when cast members fall ill.
00:29:57.000You can have a party or go on vacation.
00:29:58.000What you can't do is force other people, whose vulnerabilities might be greater than your own, to agree with your risk assessments and join you in moving on while the pandemic still rages.
00:30:06.000But you've moved on, Michelle Goldberg.
00:30:08.000You're, from what I understand, a single lady living in New York.
00:30:13.000Normality exists for the people who are trying to cram this down.
00:30:15.000Listen to, again, her description of what life is like in New York.
00:30:18.000There's normality available if you don't have kids.
00:30:21.000Because you can still go to restaurants and bars and nightclubs and theaters if you're vaccinated and you don't have... What about all those people who do have kids?
00:30:28.000What about all those people with prior immunity?
00:30:32.000Again, this is disconnected from the data, but they refuse to accept that they've disconnected from the data, specifically because they enjoy pushing this.
00:30:39.000They enjoy the unearned sense of moral superiority.
00:30:42.000Here's Mehdi Hassan doing the same thing, ripping into Barry Weiss.
00:30:53.000On the same day that Weiss and Ma were complaining about our obsessive focus on COVID-19 and urging us all to move on from the pandemic, 3,506 Americans died from COVID.
00:30:59.000That's a higher death toll than on 9-11.
00:31:01.000In fact, that's the highest COVID death toll since last winter and one of the deadliest days of the pandemic so far.
00:31:26.000Of course he doesn't have a solution, because there's no solution!
00:31:28.000It's hit everywhere, it's spiked, we're already on the downside of the spike, and death trails infection.
00:31:33.000The reason that our death toll is high right now is not because Omicron is extremely deadly, it's because it's extremely infectious, and it evades all of the things that you guys are using as your mitigating factors.
00:31:44.000We've seen massive spikes in places including New York, including Vermont, like some of the most vaccinated places on the planet.
00:31:51.000But again, if they just try to scare you, then the idea is that if you refuse to be scared, or if you try to actually define your own risk, with reference to your own particular health scenario, then you are the bad guy.
00:33:19.000But again, we're supposed to listen to Dr. Fauci about all of this, and if you refuse to do this, it's because you're bad and babies are being hospitalized or something, according to Medihazon.
00:33:29.000By the way, Dr. Fauci is still out there trying to push his own brand.
00:33:34.000A dead giveaway as to whether someone is an asshat or not is whether, in all of their interviews, they have a great picture of themselves behind them.
00:33:40.000And in half of Fauci's interviews, he does.
00:33:42.000Here was Dr. Fauci yesterday being asked about the missed messaging coming from the public health establishment, whether this has undercut the credibility of the public health establishment.
00:33:52.000Information and communication around boosters has been really problematic.
00:33:56.000Even today, the pivoting of communication around what it means to be vaccinated, that is really difficult for people and it's causing people to not go get the booster.
00:34:13.000You think that's what's happened so far?
00:34:15.000Well, I'm not going to comment on that.
00:34:19.000Of course he's not going to comment on that.
00:34:20.000The one thing he won't do is walk away, right?
00:34:22.000He is completely blown out of his own credibility by taking every available position during this pandemic, but he's definitely not going to walk away.
00:34:34.000This is the kind of thing that I've devoted my entire career, certainly over the last 40 plus years, in public health, science, and medicine, and we are in a crisis right now, and there's no chance I'm going to walk away from this.
00:34:51.000Again, that's a big check he's taken home.
00:34:53.000Also, it would completely undermine his entire history of claiming to be the great savior when it comes to medicine.
00:34:58.000By the way, we still have our public health officials trying to cram down on parents what they ought to do about masking school kids, even though the data are very clear and they are in.
00:35:05.000According to the Washington Post, seven school boards in Virginia have now sued to stop Governor Glenn Youngkin's mask optional order on the day it takes effect.
00:35:13.000The school boards, led by the Board for Fairfax County Public Schools, the largest, most prominent district in the state, argue the Yunkins order violates the Virginia Constitution.
00:35:21.000They filed a lawsuit asking for an immediate injunction barring enforcement of the order, which seeks to leave masking decisions to parents, contravening federal health guidance and the masking mandates most Virginia school districts have maintained throughout the COVID pandemic.
00:35:33.000So they just will not let this go, despite the fact that they have no data, no data to back their case.
00:35:39.000Alrighty, coming up, we'll get to the Supreme Court accepting a very controversial case on school race-based admissions.
00:35:47.000First, let's talk about your gas price.
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00:36:52.000Alrighty, we'll get to the Supreme Court now considering whether schools can simply basically bar Asians and Jews.
00:36:58.000First, if you haven't heard of Adam Carolla's new Daily Wire exclusive comedy series, Truth Yeller, you need to get started.
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00:38:53.000Alrighty, so meanwhile, the Supreme Court has now said that it will decide whether to prohibit the use of race conscious admissions in higher education.
00:39:06.000According to the Wall Street Journal, it's agreeing to consider challenges to policies at both Harvard and the University of North Carolina.
00:39:13.000The court, in a brief written order on Monday, said it would consider a pair of challenges by a group called Students for Fair Admissions.
00:39:18.000It's been led by the conservative legal activist Edward Blum.
00:39:21.000They sued both schools on the same day in 2014.
00:39:24.000The lawsuit against Harvard alleged that the school uses quota-like racial balancing tactics that artificially raise the standards of admission for Asian-American applicants in violation of federal civil rights law.
00:39:33.000The challengers alleged Asians were admitted at a lower rate than whites, even though their overall academic scores were better.
00:39:39.000Harvard rejected the claims of discrimination, said it only considered race in a flexible way as one factor among many in building diverse classes of students.
00:39:45.000Well, why is it even being considered as a factor at all?
00:39:48.000Couldn't you just look at, for example, life challenges without looking at race?
00:39:51.000Why is race considered a life challenge in the United States explicitly?
00:39:55.000And why is it even a matter of inquiry for schools to determine that your race is a relevant factor in whether you ought to be admitted to a school?
00:40:04.000I mean, it is a pretty overt racism when students get in with 200 points less on the SATs than this Asian student over here, just because this Asian student happens to be Asian.
00:40:15.000This is what they used to do to Jews at colleges in the United States.
00:40:18.000Now they're doing it to Asians in the United States.
00:40:23.000And yet, the left continues to double down on this, because obviously, Asians are a supposed model minority, according to the left, whereas black Americans are indubitably put upon.
00:40:32.000And therefore, black Americans only need a 1300 or a 1200 to get into Harvard, whereas Asians need a 19,000 to get on, they need to get a 19,000 on their SATs in order to get into Harvard.
00:40:42.000Under the Trump administration, the Justice Department actually supported that lawsuit.
00:40:46.000The Biden-era department abandoned that position and offered support for Harvard in a legal brief last month, urging the Supreme Court to turn away the challenge.
00:40:54.000The lawsuit against the University of North Carolina was similar to the Harvard allegations, though it added claims that the flagship public university in Chapel Hill violated the Constitution's guarantee of equal protection.
00:41:04.000So, with a private school, the challenge is going to be that it violates the Civil Rights Act.
00:41:08.000With a public school, the challenge is going to be that it violates the 14th Amendment.
00:41:12.000The challengers allege that the school unlawfully factored students' race into the admissions process, favoring Black, Hispanic, and Native American applicants, and even caused them harm by inviting them into classrooms for which they weren't prepared.
00:41:24.000The Thernstroms Who used to write for The Atlantic, they documented very well the phenomenon of misalignment in which students are admitted to schools that they actually are not prepared for and then they tend to flunk out of those schools at a higher rate.
00:41:38.000UNC in court papers says it has made progress on diversity but continues to face challenges in admitting underrepresented minorities.
00:41:44.000Now the truth is that Supreme Court precedent here has been ridiculous because Supreme Court said that for some reason diversity is in and of itself a public good.
00:42:21.000Both are monochrome, but only one type of monochrome is diverse, according to the left.
00:42:25.000Here is Jen Psaki, however, trying to defend the Biden administration, pushing overt racism against Asian Americans.
00:42:33.000We strongly believe this administration in the benefits of diversity in higher education and we take very seriously our commitment to advancing equity and equal opportunity for historically underserved populations.
00:42:46.000Okay, but they're going to have to explain why this is capable of violating constitutional precepts.
00:42:52.000Now, the fact the Supreme Court is even considering it again is really interesting because in 2016, the court ruled that the University of Texas at Austin's process passed constitutional muster despite the fact that it took race into account.
00:43:04.000It was a 4-3 court, and Justice Anthony Kennedy was the deciding justice in that particular case.
00:43:09.000He joined the left, of course, Ginsburg, Breyer, and Sotomayor, saying universities are defined by intangible qualities which make for greatness.
00:43:16.000He said considerable deference is owed to a university in defining those intangible characteristics.
00:43:20.000Well, they seem pretty tangible when you're barring Asians.
00:43:23.000Just to be fair, it seems like kind of tangible to the Asian student who scored a 1580 on his SAT then got barred because he happened to be Asian.
00:43:31.000But this is something that the left loves to push.
00:43:34.000By the way, they don't just want it to apply at colleges because nothing that starts in college ends in college for the left.
00:43:39.000The Washington Post editorial board has an entire piece today about how every company in America should be forced to quote-unquote diversify its boardroom.
00:43:47.000Quote, the Securities and Exchange Commission last summer approved a proposal by NASDAQ to require that most boards of directors among the exchange's approximately 3,000 companies include at least one woman as well as at least one person of color and or one LGBTQ person.
00:44:02.000Nasdaq's initiatives was groundbreaking for U.S.
00:44:05.000It's not very novel in other contexts.
00:44:07.000California already had laws mandating the public companies headquartered in-state have women, and by 2023, members of underrepresented communities on their boards.
00:44:15.000Many European countries require more gender diversity than the Nasdaq even envisions.
00:44:21.000But this is good, according to the Washington Post.
00:44:23.000It's very encouraging, because more progress is needed.
00:44:27.000Luckily, there are plenty of incentives for firms to make such strides, and not just political and public pressure.
00:44:32.000These companies, all they do is they find some sort of placeholder, and they just add seats to the board, and then they put that placeholder on the board to ensure that they are not sued by the government.
00:44:41.000But the reality, of course, is that businesses are going to continue to run.
00:44:44.000It's an absurdity on its face, and it's very, very silly.
00:44:47.000But again, it is unearned moral superiority of the left that is the deciding factor here, even when that means active discrimination against more qualified applicants in college or against members of the board who ought to be there as opposed to being leveraged onto the board by the government.
00:45:02.000The government has no business in this area.
00:45:03.000And by the way, neither does NASDAQ or the New York Stock Exchange.
00:45:10.000The solution the companies are going to find is to have a useless board member that they add and pay a little bit of a salary, or never go public in the first place.
00:45:17.000That will be the actual answer to this problem.
00:45:20.000Alrighty, we'll be back here later today with an additional hour of content.
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00:46:10.000On today's episode, international tensions escalate over Ukraine, Sarah Palin faces off against the New York Times in court, and activist groups seek to unmask charitable donations.