The Ben Shapiro Show - Kavanaugh, Kava-yes! | Ep. 577

00:00:00.000 President Trump makes his big Supreme Court pick and the left has a complete and utter meltdown.

00:00:04.000 I'm Ben Shapiro.

00:00:05.000 This is The Ben Shapiro Show.

00:00:11.000 There are certain days when this right here, it just keeps overflowing, overflowing, and overflowing.

00:00:16.000 And today, we basically had a massive plumbing problem because the leftist tears that were in this tumbler just kept flowing upwards and outwards.

00:00:23.000 In fact, my feet are now underwater.

00:00:25.000 I mean, it's creeping up to my knees.

00:00:26.000 That's how much, that's how many tears are coming out of this leftist tears hierarchical tumbler.

00:00:29.000 We'll talk about all of that in just a second.

00:00:31.000 First, I want to remind you that our next episode of The Conversation is almost here on Tuesday, July 17th at 5.30 p.m.

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00:00:38.000 All of your questions will be answered by our own Andrew Klavan with our host, Alicia Krauss.

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00:00:57.000 We had a live episode last night on the Supreme Court, and you got to ask questions during the breaks, actually.

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00:01:29.000 Rising housing prices.

00:01:31.000 I mean, look at the bubble that's happening in California right now.

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00:02:23.000 Okay, so...

00:02:39.000 Yesterday was quite a day.

00:02:40.000 Everybody waiting on tenterhooks to see who exactly President Trump would pick to replace Justice Anthony Kennedy on the Supreme Court.

00:02:47.000 And Trump did a great job of holding that secret all the way up until the last minute.

00:02:50.000 It was only about 45 minutes before the event that those of us in the know began to figure out that it was definitely Brett Kavanaugh.

00:02:57.000 That was when Judge Amy Coney Barrett was discovered back in Indiana, so she wasn't in Washington, D.C., and Kethledge had basically been ruled out.

00:03:03.000 And then there were rumors that Kavanaugh was headed over to the White House.

00:03:08.000 And that basically sealed the deal.

00:03:10.000 The White House pitched this thing like a reality show because that's what President Trump does best.

00:03:13.000 They actually put out a little 15-second clip of a camera moving toward the White House podium and then scrolling up toward the microphone before it cut to black.

00:03:21.000 And then it said, 9 p.m.

00:03:22.000 Eastern tonight.

00:03:23.000 And then the question was, who would get the robe?

00:03:26.000 Not the rose, the robe.

00:03:27.000 And it turned out to be Judge Brett Kavanaugh.

00:03:29.000 So President Trump announced the pick, obviously having a fantastic time doing it.

00:03:33.000 We'll talk about Kavanaugh, what he means for the court in just a second.

00:03:35.000 Here was President Trump

00:03:37.000 In keeping with President Reagan's legacy, I do not ask about a nominee's personal opinions.

00:03:50.000 And of course, that's exactly true.

00:03:52.000 For a lot of people on the right, there are a lot of rulings where it doesn't go the way you would want it to go politically, but it is the way that the Constitution protects things.

00:04:11.000 Trump is exactly right to say that about Kavanaugh.

00:04:13.000 It's also smart to say that, obviously, because people think that Trump asked Kavanaugh if he'd overturn Roe v. Wade, and Kavanaugh said yes, and then Trump picked him.

00:04:19.000 There's also a rumor going around today, put out by, I believe it was ABC News, completely unverified, that Brett Kavanaugh was basically chosen by Anthony Kennedy.

00:04:27.000 That Anthony Kennedy, when he decided that he wanted to step down from the court, went to the Trump administration and said, I'm only going to step down while you're president, so long as you make Brett Kavanaugh my successor.

00:04:37.000 The mainstream media are pushing that like crazy today, suggesting that it was all a corrupt bargain, that Kennedy was appointing somebody who would continue to promulgate his legacy.

00:04:48.000 Even if that were true, I'm not sure why the left would be upset about that, considering that Kennedy was a left-leaning judge on a lot of the key issues, including same-sex marriage and abortion.

00:04:56.000 If he were appointing his own successor, you would think that the left would take solace in that fact.

00:04:59.000 But in fact, there is no evidence that any of this ever happened.

00:05:01.000 The reporter who originally repeated the story said she had no evidence that it happened.

00:05:04.000 She had just heard rumors to that effect.

00:05:06.000 Doesn't matter.

00:05:07.000 The left ran with it anyway.

00:05:08.000 Well, then Brett Kavanaugh gets up.

00:05:09.000 Brett Kavanaugh, of course, from the D.C.

00:05:11.000 Circuit Court of Appeals.

00:05:11.000 We've discussed his credentials in the past.

00:05:13.000 We've also discussed some of the shortcomings in his record.

00:05:16.000 We'll talk about what he's going to do for the Supreme Court in just a second.

00:05:19.000 He did a little speech.

00:05:20.000 The president ushered him up to the podium.

00:05:23.000 And then Brett Kavanaugh came forward and everybody went, oh my God, that's Brett Kavanaugh's music!

00:05:28.000 And then he sort of charged forward to the microphone and then he proceeded to give a speech about his background and his past and then his judicial philosophy.

00:05:35.000 Here's what he had to say about his judicial philosophy.

00:05:37.000 My judicial philosophy is straightforward.

00:05:40.000 A judge must be independent and must interpret the law, not make the law.

00:05:46.000 A judge must interpret statutes as written.

00:05:49.000 And a judge must interpret the Constitution as written.

00:05:53.000 Informed by history and tradition and precedent.

00:05:58.000 Okay, the reason that he adds precedent right there is because precedent is a fudge word.

00:06:02.000 If he had just said a judge must interpret the Constitution as written, informed by history and tradition, we'd all say, great, that's Thomas's standard, that's Scalia's standard.

00:06:09.000 By adding the word precedent, he allows himself a little bit of wiggle room, so when people on the left say, well, you'd overrule Roe v. Wade, wouldn't you?

00:06:15.000 He'd say, well, listen, precedent is still precedent.

00:06:17.000 Precedent is a legal fudge word, and Kavanaugh is fond of using it.

00:06:22.000 You know, I think that Kavanaugh is, in short, a stand-up double for the president.

00:06:25.000 I'm not sure that he's a homerun for the president.

00:06:27.000 I think there are a lot of good things about Kavanaugh.

00:06:29.000 I think that Trump could have gone for broke.

00:06:31.000 He decided not to.

00:06:32.000 But what Kavanaugh had to say in his speech last night was exactly right.

00:06:36.000 He talks about how he taught at Harvard Law School.

00:06:37.000 He was actually appointed while Elena Kagan was dean there.

00:06:39.000 She, of course, is on the Supreme Court now. 0.91

00:06:41.000 He's 53 years old.

00:06:42.000 He says that he teaches about the Constitution's separation of powers.

00:06:46.000 I teach that the Constitution's separation of powers protects individual liberty.

00:06:53.000 And I remain grateful to the dean who hired me, Justice Elena Kagan.

00:06:58.000 So he's dropping Elena Kagan's name right there because he's trying to win over some wavering Democrats.

00:07:03.000 Also, when he says that he teaches that the separation of powers protects individual liberty, that is him slapping at the so-called Chevron defense.

00:07:10.000 So as I've explained on the program before, there's a very famous Supreme Court case called Chevron, in which the Supreme Court essentially declared that administrative agencies ought to be given almost complete deference when it comes to the decisions that they make about individuals.

00:07:22.000 So the EPA decides that your toilet is now a protected federal waterway, and they decide to fine you based on that, and you sue the EPA.

00:07:28.000 And the EPA has an administrative procedure, you have to go through the administrative procedure, and then it comes out against you.

00:07:34.000 So you decide to go to the judiciary branch, right?

00:07:36.000 The EPA's in the executive branch.

00:07:37.000 You decide instead to sue in federal court.

00:07:39.000 Chevron deference would suggest that the EPA could make the final decision on all of that.

00:07:43.000 The more conservative judges like Kavanaugh, people who believe in separation of powers, believe that Chevron deference is a mistake and that you can't give executive agencies the power to rule on the rules that they make themselves.

00:07:54.000 This is exactly right.

00:07:55.000 And finally, Kavanaugh says that he believes in an independent judiciary.

00:07:59.000 I believe that an independent judiciary is the crown jewel of our constitutional republic.

00:08:07.000 If confirmed by the Senate, I will keep an open mind in every case.

00:08:14.000 Okay, so, all of this sounds good, and he's saying all the right things to get through a confirmation hearing.

00:08:26.000 What does his record actually say?

00:08:27.000 So there are a couple of areas where he's really good.

00:08:29.000 One is on administrative law, and one is on guns.

00:08:31.000 He's excellent on guns.

00:08:33.000 There's an article over at Reason Magazine by Jacob Sullum, who follows this stuff, and he points out that in a 2011 decision in which a three-judge panel upheld the District of Columbia's ban on so-called assault weapons and its requirement that all guns be registered, Kavanaugh dissented.

00:08:46.000 And he said instead that an analysis based on text, history, and tradition is consistent with the Supreme Court's Second Amendment precedents.

00:08:53.000 He suggested that assault weapons bans should actually be forbidden by the Constitution of the United States.

00:08:58.000 This, of course, has the left up in arms, no pun intended.

00:09:00.000 He says that

00:09:01.000 When the assault weapons ban was formulated, it included a bunch of different features of the guns that ought to be banned.

00:09:08.000 He says the list appears to be haphazard.

00:09:09.000 It bans certain semi-automatic rifles but not others, with no particular explanation or rationale for why some made the list and some did not.

00:09:15.000 And then he concluded that the assault weapons ban in DC was inconsistent with DC versus Heller.

00:09:21.000 He said in Heller the Supreme Court held that handguns, the vast majority of which today are semi-automatic, are constitutionally protected because they've not traditionally been banned, are in common use by law-abiding citizens.

00:09:30.000 There's no meaningful or persuasive constitutional distinction between semi-automatic handguns and semi-automatic rifles.

00:09:37.000 So he's good on that.

00:09:38.000 He also has ruled in favor of people being able to spend money in elections and corporations being able to spend money in elections.

00:09:45.000 In Citizens United vs. Federal Election Commissions, he wrote an opinion rejecting FEC rules that made it harder for advocacy groups to raise money.

00:09:52.000 He said because donations to these hard money accounts are capped at five grand annually for individual contributors, the FEC's allocation regulations substantially restrict the ability of nonprofits to spend money for election-related activities.

00:10:03.000 And he says that can't be reconciled with the First Amendment.

00:10:06.000 Now, where he's a little weaker is on Fourth Amendment rights.

00:10:08.000 So if you are a civil libertarian and you're deeply concerned with the government violating search and seizure and reasonable search and seizure, Kavanaugh is not a justice you're going to like very much.

00:10:15.000 In 2010, he dissented from the D.C.

00:10:17.000 Circuit's decision not to rehear a case in which a three-judge panel had ruled that police violated a suspected drug dealer's Fourth Amendment rights when they tracked his movements for a month by attaching a GPS device to his car without a warrant.

00:10:29.000 He said that tracking did not constitute a search,

00:10:31.000 Because of the quality and quantity of information.

00:10:33.000 So putting a tracker on somebody's car doesn't require a warrants according to Brett Kavanaugh.

00:10:36.000 That rationale is interesting at the very least, but it shows that he is more of a law and order sort of William Rehnquist type judge.

00:10:43.000 Rehnquist, of course, was Chief Justice of the Supreme Court all the way up to the point at which Justice Roberts became Chief Justice of the Supreme Court, if I'm not getting that wrong.

00:10:51.000 In any case,

00:10:52.000 Kavanaugh has been very pro-police.

00:10:56.000 He is not a big fan of Terry vs. Ohio.

00:11:00.000 He's not a big fan of a lot of these sort of civil libertarian decisions that some on the right are fond of.

00:11:05.000 He also is very anti-Chevron deference, as I mentioned.

00:11:09.000 He does not believe that the administrative agencies ought to have complete power over everything that you do.

00:11:15.000 He says Chevron has been criticized for many reasons.

00:11:18.000 There's a 2016 book review.

00:11:19.000 To begin with, it has no basis in the Administrative Procedure Act.

00:11:22.000 Chevron itself is an atextual invention by the courts.

00:11:24.000 In many ways, Chevron is nothing more than a judicially orchestrated shift of power from Congress to the executive branch.

00:11:29.000 Moreover, the question of when to apply Chevron has become its own separate difficulty.

00:11:34.000 So, Kavanaugh is very anti-Chevron deference.

00:11:36.000 So, on guns and on administrative state stuff, Kavanaugh is really, really good.

00:11:41.000 He's a little bit weaker when it comes to religious freedom stuff, maybe, although that's not completely clear.

00:11:46.000 In Priests for Life, for example, he said that the government had a compelling government interest in providing contraceptive care to people.

00:11:52.000 He said that even that compelling government interest could not overcome the religious presumption on behalf of priest groups, on behalf of religious groups.

00:12:01.000 They wanted to have health care done in coordination with their with their First Amendment rights.

00:12:06.000 But he said that the government did, in fact, have a compelling government interest when it comes to contraception.

00:12:10.000 And of course, in Seven Sky, he was the creator of the rationale that suggested that Obamacare was a tax and not a fine.

00:12:17.000 Now, in just a second, I want to talk about what Kavanaugh's impact on the actual court is going to be, because I don't think that he's going to be the kind of break-it-all-down, shatter-every-window, destroy-wholesale, the-left-view-of-the-law guy that some on the left fear and some on the right hope.

00:12:33.000 But first, I want to say thanks to our sponsors over at LegalZoom.

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00:13:37.000 Okay, so.

00:13:39.000 What does all of this mean for the court?

00:13:40.000 So I said at the very outset, I think that Kavanaugh is a double.

00:13:43.000 I do not think he's a home run.

00:13:45.000 On the political side, he's a double because the left is going to go nuts no matter whom Trump appoints.

00:13:49.000 It doesn't matter who Trump appoints. 0.96

00:13:51.000 Trump could appoint a chicken and the left would go completely insane.

00:13:53.000 Trump could have appointed Merrick Garland and the left would have said, there's some nefarious reason he's appointing Barack Obama's pick. 0.74

00:14:00.000 He really, it must be that Merrick Garland has secretly been body snatched and replaced with an evil right winger.

00:14:05.000 That's how much the left hates Trump.

00:14:08.000 The reality of the situation, however, suggests that Kavanaugh is not going to be this wild right-wing figure that everybody thinks he's going to be.

00:14:15.000 And that's why, if President Trump was going to get the flag anyway, he may as well have gone for Amy Coney Barrett. 0.99

00:14:20.000 I think he should have gone for Mike Lee, Amy Coney Barrett, someone you know is going to vote 100% of the time in the most robust fashion on constitutional issues.

00:14:27.000 I use the word robust advisedly there.

00:14:29.000 The reason I'm using the word robust is because I think Kavanaugh will vote the right way on a lot of these cases, but I think the opinions of which he will be part, the opinions that he will help write, the opinions that he'll write himself, I think those are going to be very narrowly tailored opinions.

00:14:41.000 And that makes a difference for the creation of precedent.

00:14:44.000 It makes a difference for the creation of the law.

00:14:47.000 Now, if you're going to get in the fight, you may as well go for broke.

00:14:50.000 And by the way, it would've been great to see Democrats attacking a 46-year-old mother of seven with two adopted children, including one from Africa, I believe, and attacking her as some sort of evil

00:15:00.000 Okay, so what does this mean in terms of the actual decision making?

00:15:02.000 Well, why does it matter?

00:15:22.000 I don't

00:15:38.000 The last judicial term, there's a case called Masterpiece Cake Shop.

00:15:41.000 We discussed it at length here on the program.

00:15:42.000 The Masterpiece Cake Shop case is a case where a religious baker in Colorado did not want to create a custom cake for a same-sex wedding.

00:15:50.000 And there's a law in the state of Colorado, created by the Colorado Civil Rights Commission, that said that you have to service anybody who comes into your restaurant or into your establishment

00:15:59.000 And the ruling that came down from the Supreme Court said that that law was unconstitutional, but not because the law itself was unconstitutional.

00:16:06.000 It was only unconstitutional because the Colorado Civil Rights Commission had applied the law unequally.

00:16:10.000 In fact, they had targeted the religious person, but they had allowed seculars to go free, basically.

00:16:14.000 That if you were an atheist and you didn't want to cater a religious cake, then you didn't have to.

00:16:19.000 But if you're a religious person and you didn't want to cater a same-sex wedding, then you had to. 0.75

00:16:22.000 And they said that's discriminatory.

00:16:24.000 Well, that narrow grounds for ruling

00:16:26.000 Well, in just a second I'm going to explain why I think Kavanaugh will be more of that.

00:16:29.000 So Kavanaugh

00:16:42.000 is very much like Justice Roberts in the sense that when you read his decisions, they're always very carefully tailored to the law that's in front of him.

00:16:48.000 It's very rare that he uses a particular law in front of him in order to go after an entire body of law.

00:16:54.000 Now, maybe that's just because he's on the appeals court.

00:16:56.000 Because you're on an appeals court, that means that you're not at the Supreme Court level.

00:16:59.000 So you actually have to take into account what the Supreme Court says, and you have to use what the Supreme Court says as precedent.

00:17:04.000 Maybe now that he's on the Supreme Court, he'll be a little bit more audacious.

00:17:07.000 about striking down bad laws in the name of the Constitution.

00:17:10.000 But, if we're going to get a lot of masterpiece cake shop cases, if we're going to get a lot of cases that are very narrowly tailored, where he's very careful about how exactly those cases are decided, and he doesn't go to the root issue, what you're going to end up with is a lot of confusion at the court of appeals level.

00:17:25.000 And this is most obvious when it comes to abortion.

00:17:26.000 So a lot of folks on the right are very convinced that Kavanaugh, because Trump picked him, is going to step in and strike down Roe v. Wade tomorrow.

00:17:33.000 I am very, very skeptical that Kavanaugh and Roberts are going to strike down Roe v. Wade.

00:17:36.000 In fact, I'm very skeptical that a case even allowing them to strike down Roe v. Wade makes the Supreme Court.

00:17:41.000 The reason is because here is the process of how a case reaches the Supreme Court.

00:17:44.000 Let's say that the state of Montana decides that it wants to pass a law banning abortion except to save the life of the mother.

00:17:52.000 And that is appealed to the Circuit Court of Appeals.

00:17:55.000 And the Circuit Court of Appeals, applying Roe v. Wade, says this is unconstitutional, there's a right to an abortion, yadda yadda yadda.

00:18:00.000 Now, people on the right would say, well, good.

00:18:02.000 Let them do that.

00:18:03.000 Then it'll elevate to the Supreme Court.

00:18:05.000 And then the Supreme Court will knock down Roe v. Wade itself, and the law will be protected.

00:18:10.000 There's only one problem.

00:18:11.000 It takes four votes to actually determine whether a case reaches the Supreme Court.

00:18:15.000 So the way that the Supreme Court determines whether to take a case in the first place

00:18:18.000 I don't think there are four justices that would vote to hear a case overturning Roe v. Wade.

00:18:22.000 I think that if it had been Coney Barrett, if it had been Mike Lee, I think there would have been four votes to hear the overturning of Roe v. Wade.

00:18:38.000 I think that because it is not, because it's Kavanaugh, I think Kavanaugh will work with Roberts to create a sort of new middle of the court.

00:18:45.000 Now, that middle of the court is not going to be Justice Kennedy.

00:18:46.000 It's not going to be Justice Souter.

00:18:48.000 It's not going to be a wild left middle of the court where they're establishing rights to ridiculous nonsense just out of the box.

00:18:54.000 It's not going to be that.

00:18:55.000 What it is going to be is them refusing to take really big, broad,

00:19:00.000 Huge cases.

00:19:01.000 And instead, it's going to be them gradually scaling back the application of Roe v. Wade.

00:19:05.000 So instead of them just striking down Roe v. Wade, letting the chips fall where they may, saying this is a bad decision, it's gone.

00:19:10.000 Instead, what they probably will do is they will look to a follow-up case to Roe v. Wade called Planned Parenthood v. Casey.

00:19:15.000 Planned Parenthood v. Casey.

00:19:18.000 It was a case in which Justice Kennedy wrote the decision.

00:19:21.000 It's a really crazy case because there were about 83 different opinions on the case.

00:19:25.000 The case was decided in 1992, and basically it was a plurality opinion, and it decided that Roe v. Wade is an opinion by O'Connor, Kennedy, and Souter. 0.93

00:19:35.000 Right, which is why it's a garbage opinion.

00:19:36.000 It basically decided that a state could pass a law that restricted abortion so long as it did not create an undue burden. 0.98

00:19:43.000 An undue burden for the woman attempting to get an abortion.

00:19:48.000 So the actual standard is the undue burden standard.

00:19:51.000 I'm finding the exact language.

00:19:53.000 They say, quote,

00:20:05.000 I say, unnecessary health regulations that have the purpose or effect of presenting a substantial obstacle to a woman seeking an abortion impose an undue burden on the right.

00:20:12.000 That's what Planned Parenthood v. Casey says.

00:20:14.000 Now, when that was decided, there were a lot of folks on the right who thought maybe this was the first step toward curbing Roe.

00:20:20.000 That basically, you'd get a bunch of laws that carved back the ability to get an abortion, and the court would just say, well yeah, it carves back the ability to get an abortion, but it's not an undue burden on the right.

00:20:29.000 You can still get an abortion in a variety of other ways.

00:20:32.000 That's not what happened.

00:20:33.000 It's not what happened, but now there's the suggestion that maybe that's what's going to happen.

00:20:37.000 Maybe the Supreme Court won't take a case overtly overruling Roe v. Wade, but the Supreme Court will take cases where, let's say, there's a fetal pain bill that says that you can't abort a baby after the 10th week.

00:20:46.000 And the Supreme Court takes that case, and they say, well, that doesn't present an undue burden.

00:20:50.000 A woman can still get an abortion. 1.00

00:20:51.000 She just has to do so in the first 10 weeks. 0.97

00:20:54.000 You could see that happening.

00:20:55.000 So would that mean that the right has lost?

00:20:58.000 That the Constitution has lost?

00:20:59.000 Well, the Constitution lost in the sense that the Constitution ought to be the guiding standard, and Roe v. Wade is a bad case, and you ought to just overrule it.

00:21:05.000 But the sort of circumspect way in which I think Kavanaugh and Roberts are going to approach the law jointly suggests that they will rule the right way, but they will do so slowly and gradually.

00:21:14.000 They're much more concerned with doing things slowly and gradually and incrementally than they are in simply overruling things outright.

00:21:21.000 Now, there's another problem with incrementalism that I'm going to explain in just a second.

00:21:24.000 So, the big problem with incrementalism is that once you create broad standards, right?

00:21:29.000 The left likes to create broad standards.

00:21:30.000 Obergefell saying that same-sex marriage is now legal across the country.

00:21:33.000 Abortion saying that it's not just legal, that states can't not perform same-sex marriages across the country. 0.59

00:21:38.000 Roe vs. Wade saying that abortion is legal across the country.

00:21:41.000 The left is never afraid to use a bat when it comes to creating judicial opinion.

00:21:46.000 They're never afraid to go as broad as humanly possible.

00:21:48.000 The right tends to pare that stuff back kind of gradually.

00:21:51.000 But that means that anytime the left gets control of the court, they immediately establish a new right that the right only tends to chip away at the edges regarding.

00:21:59.000 And that, to me, is always a net loss for the right over time.

00:22:03.000 Let's say that this court is solidly conservative, or at least solidly non-liberal, for the next 20 years.

00:22:09.000 Well, in that time, how much are they going to pare back Roe v. Wade?

00:22:13.000 They're not going to overrule it, I don't think.

00:22:14.000 How much are they going to pare back Roe v. Wade?

00:22:16.000 How much are they going to pare back challenges to religious freedom?

00:22:19.000 You really do have to make hay while the sun shines to a certain extent.

00:22:23.000 Remember, Justice Clarence Thomas, who's the best justice on the Supreme Court, bar none.

00:22:27.000 I love Clarence Thomas's reasoning.

00:22:28.000 I think he's a terrific judge.

00:22:30.000 Clarence Thomas is 70 years old.

00:22:32.000 He's going to be 72 when Donald Trump is up for re-election in 2020.

00:22:35.000 That means that if Donald Trump loses, he could be 80 by the time a Democrat serves two terms, God forbid.

00:22:41.000 So that means that Thomas is now going to have to make some decisions because you've got four votes on the Supreme Court that are solidly originalist, maybe if you count Kavanaugh, and then you got Roberts, who's kind of a swing vote.

00:22:52.000 If Thomas goes and he's replaced by somebody on the left, well, that means that you've now got five solid leftist votes to do anything that they want to do.

00:23:00.000 So all the people on the right who are saying, well, we're going to rule the court for a generation,

00:23:04.000 Not quite so fast.

00:23:05.000 Not quite so fast, right?

00:23:06.000 Depends what Clarence Thomas does, because Clarence Thomas is right at that weird age where he's still got probably five to ten years in him, but at the same time, you never know, right?

00:23:14.000 Justice Scalia died prematurely at 76, so you never know.

00:23:18.000 And the court has become sort of this ghoulish death watch with regard to all this sort of stuff.

00:23:22.000 You know, we'll see how Kavanaugh rules.

00:23:24.000 I don't think that Kavanaugh is going to be the gung-ho Gorsuch figure that so many people wanted.

00:23:30.000 But is it a win for President Trump?

00:23:31.000 Certainly a political win for President Trump, because Kavanaugh is widely respected.

00:23:35.000 He's somebody who's going to pass through pretty easily.

00:23:37.000 He's more reminiscent of Justice Roberts than he is of Clarence Thomas in this respect.

00:23:42.000 The Democrats, who are going nuts over this whole thing, are demonstrating just how radical they are.

00:23:46.000 Now, the Democrats didn't even wait to attack.

00:23:48.000 That's the part of this that's hilarious.

00:23:49.000 So Mitch McConnell, yesterday, came out before Trump had picked Kavanaugh.

00:23:54.000 And he said, in his inimitably boring fashion, that Democrats are going to attack no matter what.

00:23:59.000 He's of course right.

00:24:00.000 But decades later, our Democratic colleagues still haven't tired of crying wolf whenever a Republican president nominates anyone, anyone, to the Supreme Court.

00:24:14.000 Tonight,

00:24:16.000 President Trump will announce his nominee to fill the current Supreme Court vacancy.

00:24:21.000 We don't know who he will name.

00:24:24.000 But we already know exactly what unfair tactics the nominee will face.

00:24:28.000 And the left is already jumping into unfair tactics with regard to Kavanaugh.

00:24:31.000 Cocaine Mitch, exactly on point right there.

00:24:33.000 The fact is that they've already started accusing Kavanaugh of wanting to prevent Trump's impeachment.

00:24:38.000 There's no legal basis for this.

00:24:40.000 Number one, if Trump's impeached by a Congress, he's going to stay impeached.

00:24:43.000 Number two, all Kavanaugh said is that in 2009, Congress should pass a law preventing the active prosecution of the president while he's in office.

00:24:50.000 Because the impeachment process is the way that the president ought to be impeached.

00:24:53.000 It shouldn't be done through legal means, basically.

00:24:56.000 Through suing the president or through a prosecution of the president.

00:24:59.000 But that's not a Supreme Court issue.

00:25:01.000 And they're also going after Kavanaugh for his involvement in the Ken Starr case.

00:25:05.000 There's a piece from a David Brock book.

00:25:07.000 You can't believe David Brock on anything. 0.64

00:25:09.000 David Brock, of course, is a liar who worked for sort of Republican constituencies until he flipped and started working for Hillary Clinton. 0.99

00:25:15.000 He suggested that at one point in the late 90s, Brett Kavanaugh mailed the word, bitch, about Hillary Clinton. 0.96

00:25:22.000 If that's a reason to, if that's a reason to bar somebody from the Supreme Court, there won't be a judge left in America. 0.99

00:25:26.000 I mean, seriously, that's ridiculous stuff.

00:25:29.000 But this is the level to which the left has sunk on all this. 0.98

00:25:32.000 And you knew the left was going to go nuts no matter what.

00:25:33.000 So Jimmy Kimmel, of course, he didn't know who was going to be picked, and he films before the pick.

00:25:38.000 So he suggested that Trump was going to pick Voldemort, because no matter who Trump's pick, it had to be evil.

00:25:42.000 In fact, it turns out to be a Catholic father of two who volunteers at a soup kitchen.

00:25:46.000 But he's actually Voldemort.

00:25:49.000 None of the experts predicted this.

00:25:51.000 Today, I'm keeping another promise to the American people.

00:25:56.000 By nominating Lord Voldemort to the United States Supreme Court.

00:26:13.000 So was that a surprise?

00:26:14.000 Yeah, that was actually a surprise, I will give you that.

00:26:18.000 Okay, so, yeah, there it is.

00:26:19.000 Anybody that Trump nominates is gonna be Voldemort. 1.00

00:26:21.000 Ron Perlman, who is just an idiot and was also a terrible bike gang leader on Sons of Anarchy, just really didn't fulfill his responsibilities on that show. 0.99

00:26:30.000 In any case, he tweeted out, Okay, ladies and gentlemen who care for and respect ladies, it is official. 0.99

00:26:35.000 The move back to medieval values, Sharia law even, where old, bitter men get to tell women what is best for their bodies lives and well-being is as done a deal as this is Twitter.

00:26:46.000 Unless we say no!

00:26:48.000 No!

00:26:49.000 Those are all caps, the no and the no.

00:26:51.000 So, a few problems with this tweet, besides the fact that we're reading a Ron Perlman tweet on air.

00:26:55.000 So, there are a few problems.

00:26:56.000 Number one, under Sharia law, he would be jailed for this tweet, I assume.

00:27:01.000 Second of all, I love it when people say things like, bitter old men are going to decide what women get to do with their bodies.

00:27:06.000 Roe v. Wade was decided 7-2.

00:27:07.000 The seven who voted in favor of Roe v. Wade were all men.

00:27:11.000 So there's that.

00:27:12.000 And then also, I like when he says that women's bodies are going to be controlled. 1.00

00:27:15.000 You see all these idiots who are walking around in the red cloak and the potato chip hat and the bonnet from Hadmaid's Tale. 0.99

00:27:23.000 And I really think that I'm going to go into business. 1.00

00:27:26.000 I need to go into business.

00:27:27.000 I want a government contract to be the sole provider of red cloaks and bonnets.

00:27:32.000 For the rest of this term and hopefully for the next term as well.

00:27:35.000 I think if I get a monopoly on that, I could become very wealthy indeed.

00:27:39.000 And, you know, I may as well make this into a capitalistic enterprise as well as an evil patriarchal one, if we're going to go this far.

00:27:46.000 I also love when Ron Perlman says, all this is going to happen unless we say, no, no!

00:27:51.000 Well, guess what, Ron?

00:27:52.000 You just said no, no.

00:27:54.000 It's going to happen anyway, because bah ha ha ha ha ha ha!

00:27:58.000 OK, that's why.

00:27:59.000 Because you lose.

00:28:00.000 OK, you lose.

00:28:02.000 Trump drinks your milkshake.

00:28:04.000 That's what just happened right there.

00:28:07.000 And the entire left cannot accept any of this.

00:28:09.000 I mean, no, no.

00:28:11.000 Millions will die.

00:28:12.000 Terry McAuliffe, former governor of Virginia.

00:28:15.000 Who now wants to run for president of the United States after being Hillary Clinton's water boy for most of his career.

00:28:20.000 He tweeted out,

00:28:32.000 I woke up this morning and I was driving around and I thought for a second Terry McAuliffe was right because there was no one on the roads.

00:28:38.000 I thought maybe everybody had been raptured and they left me behind.

00:28:40.000 And then it turns out it was just like 4.45 in the morning because I was on Fox & Friends.

00:28:43.000 So it wasn't that.

00:28:44.000 But I have been told that I'm going to die because of the Paris Accords.

00:28:48.000 I survived.

00:28:49.000 I have a t-shirt that says this.

00:28:50.000 I survived the renegotiation of the Paris Accords.

00:28:53.000 I survived net neutrality.

00:28:54.000 I mean, look at me, man.

00:28:56.000 I survived the tax cuts.

00:28:58.000 I survived.

00:29:00.000 I survived night one of the Kavanaugh-calypse.

00:29:03.000 I survived night one, this purge-like state in which we all live, where a D.C.

00:29:07.000 white-shoe lawyer went to Harvard Law School and has worked with a bunch of lefties on the court for years and years and years.

00:29:13.000 I survived it, and you did too.

00:29:16.000 It's just the most hardy of us, just the bravest of us. 1.00

00:29:18.000 So I don't know whether I've just developed an immunity to all of these horrible things happening in our country because I've been working out or something and really taking my meds, or maybe it's that the left has completely lost their mind on all of this stupid garbage. 0.98

00:29:31.000 But it's, whatever it is, really, you're gonna get exercise over Brett Kavanaugh? 0.94

00:29:35.000 Like, I get it, honestly, I understood when the left was getting all mad about Charlottesville, I got it, because I think that Trump was wrong about Charlottesville, but when they go, like, nuts over a guy who was endorsed by Akhil Reed Amar in the pages of the New York Times, Akhil Reed Amar is a left-wing legal scholar from Yale,

00:29:53.000 Give me a break. 0.74

00:29:53.000 Just give me a freaking break. 0.74

00:29:55.000 We'll get to more of Left Wing Reaction in just a second. 0.80

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00:30:53.000 So Senator Chuck Schumer says that it's all at stake.

00:30:56.000 We're all going to die.

00:30:59.000 This is Chuck Schumer's routine.

00:31:00.000 Now, what's hilarious about this is that Chuck Schumer, as you'll recall, tried to filibuster Neil Gorsuch because that was going to end the world, too.

00:31:05.000 That failed.

00:31:05.000 And now he's going to try and filibuster and fail Brett Kavanaugh.

00:31:09.000 That's going to fail, too.

00:31:10.000 Here is Chuck Schumer saying the freedom of women is at stake.

00:31:13.000 Women are about to be arrested.

00:31:15.000 They're about to be made handmaidens. 0.83

00:31:17.000 They're about to be enslaved.

00:31:20.000 Like, really?

00:31:21.000 Are they?

00:31:22.000 Because, weird, I'm not seeing any of those things happening.

00:31:25.000 But here's Chuck Schumer.

00:31:27.000 Everyone ought to understand what it means for the freedom of women to make their own health care decisions and for the protection for Americans with pre-existing conditions. 0.73

00:31:41.000 Those rights will be gravely threatened.

00:31:44.000 Gravely threatened by the fact that people can vote on them.

00:31:47.000 Ooh.

00:31:49.000 Ooh, people might vote.

00:31:50.000 Better not have that.

00:31:51.000 Let's get some justices on there who will ensure that we can never vote on any of the crucial issues of our time.

00:31:56.000 And then Schumer says, in precise contravention of what Trump said about personal views on the judiciary, Trump had said, I don't care about personal views.

00:32:02.000 I care about enforcement of the Constitution.

00:32:04.000 Schumer says, we need to know your personal views.

00:32:06.000 Your personal views are all that matters.

00:32:08.000 And this is because the left believes the personal is political.

00:32:10.000 They believe that any opinion you hold as a judge actually comes out in how you rule.

00:32:14.000 So if you're anti-abortion,

00:32:16.000 But you believe Roe v. Wade is rightly decided, it matters more that you're personally anti-abortion.

00:32:21.000 This is nonsensical, of course, and the left doesn't even believe that.

00:32:23.000 What they really want is a guarantee that the right is not going to rule according to the Constitution.

00:32:27.000 They're not going to get that guarantee.

00:32:29.000 The left was so all-fired angry over this, preemptively.

00:32:32.000 So, protesters arrived early last night at the Supreme Court.

00:32:35.000 Trump had not even appointed his guy.

00:32:37.000 They were out there protesting, and they didn't know who had been appointed yet. 0.97

00:32:40.000 Okay, here's some audio of them making fools of themselves.

00:32:51.000 And then the weird and there's always that one weird guy who's got like the anti-circumcision sign, which is like I didn't even realize that was something being appealed to the Supreme Court. 0.85

00:32:58.000 That's that's good to know.

00:33:00.000 Good to know that the chop chop is definitely going to be is going to be at the tip of everybody's mind.

00:33:04.000 I'm just I'm I'm so confused.

00:33:07.000 But the left is now so they've done denial.

00:33:10.000 Now they are in the middle of anger.

00:33:11.000 So anger involves conspiratorial thinking.

00:33:13.000 So Cory Booker, who is just a wild man, Cory Booker, the senator from New Jersey and the man with a fictional best friend who is a gang member.

00:33:24.000 So Cory Booker, he says that Trump is choosing Brett Kavanaugh not because Brett Kavanaugh is a well-established legal mind inside the D.C.

00:33:31.000 Beltway and was pushed by Leonard Leo and Don McGahn, the White House counsel.

00:33:34.000 No, the reason

00:33:36.000 That Trump is choosing Brett Kavanaugh is because Brett Kavanaugh is going to help Trump avoid impeachment by, what, hijacking the marshal of the U.S.

00:33:44.000 Supreme Court and arresting Cory Booker?

00:33:47.000 Or Brett Kavanaugh actually is Voldemort and he's going to take out his magic wand and lose his nose and somehow save President Trump?

00:33:52.000 Here's Cory Booker being a complete whack job.

00:33:55.000 He has a lot of other legal trouble, and the challenges that this president could have caused for himself, now he's got that insurance policy.

00:34:04.000 He's got this get-out-of-jail-free card, if you will.

00:34:08.000 Brett Kavanaugh has to get out of jail.

00:34:10.000 What's their legal theory?

00:34:11.000 Is that there's an impeachment hearing?

00:34:13.000 Trump gets impeached and it goes to the Supreme Court and the Supreme Court overrules that because of Kavanaugh?

00:34:18.000 Yeah, that's going to happen.

00:34:19.000 Or is his legal theory that Mueller will come down with an indictment and then Kavanaugh will rule and no indictment can move forward?

00:34:26.000 Except that there aren't the votes on the Supreme Court for that, and Kavanaugh doesn't even agree with that.

00:34:31.000 And the piece that he wrote in 2009 about prosecution of presidents suggested that Congress should make a law protecting the president, not that the judiciary could protect the president from such prosecution.

00:34:41.000 But never mind, the conspiracies have to rule.

00:34:44.000 So Blumenthal, Richard Blumenthal, the senator from Connecticut, he says the same thing, right?

00:34:48.000 Trump is going to let the next justice pardon himself.

00:34:52.000 Rudy Giuliani raising the possibility of a pardon.

00:34:54.000 This next justice will sit on the issue of whether or not the president can pardon himself or others.

00:35:03.000 Okay, so it's going to be that Trump's going to pardon himself and Kavanaugh will uphold this stuff.

00:35:09.000 The conspiracy theories from the left are just out of control.

00:35:12.000 My favorite conspiracy theory is this one from Neera Tanden. 0.84

00:35:15.000 Neera Tanden is one of the foolish leaders of the Women's March and the head of the Center for American Progress. 0.62

00:35:21.000 And she tweeted out, Justice Kennedy's son made a billion dollars in loans to Trump from the Russia-infested and sanctioned Deutsche Bank. 0.83

00:35:28.000 So now I'm not even I'm so confused about what this conspiracy theory even is.

00:35:31.000 The conspiracy theory is that Justice Kennedy's son made a loan to Trump and therefore Trump leveraged Kennedy into leaving so that he could bring on Brett Kavanaugh.

00:35:44.000 When I loan you money, you don't then get to leverage me into anything because I loaned you the money.

00:35:50.000 And also, if I were going to loan you money and then you were going to exercise leverage over me, wouldn't the leverage mostly involve you telling me how to decide cases, not to resign?

00:35:58.000 Why would you give up that?

00:36:00.000 None of this makes any sense, but the left is not interested in making sense.

00:36:03.000 They're interested in screaming as loudly as possible at the moon, convinced that in doing so, they will somehow transform themselves into werewolves, and thereby bring about the thwarting of the Kavanachalypse. 0.99

00:36:15.000 So, it's all insanity.

00:36:17.000 Meanwhile, to show how extreme the left is, 0.99

00:36:20.000 Michelle Wolf continues to make a fool of herself. 1.00

00:36:21.000 So this, of course, is the comedian from Netflix. 0.97

00:36:24.000 Alleged comedian, I should say, because I don't want to be sued for libel by calling her a comedian.

00:36:29.000 I don't think that she fits the bill.

00:36:31.000 So Michelle Wolf, the only person in America with a more annoying voice than mine, she goes on Netflix and she's talking about abortion. 0.94

00:36:38.000 Remember, she already said abortion was a sacrament yesterday.

00:36:40.000 She said, God bless abortion. 1.00

00:36:42.000 Now she says that abortion is not killing a baby. 1.00

00:36:45.000 Don't you understand?

00:36:46.000 Abortion doesn't kill babies. 1.00

00:36:47.000 Abortion merely stops a baby from happening. 0.96

00:36:50.000 Access to abortion is good and important.

00:36:53.000 Some people say abortion is killing a baby.

00:36:56.000 It's not.

00:36:57.000 It's stopping a baby from happening.

00:36:59.000 Okay, some people say that Michelle Wolf is killing comedy. 1.00

00:37:02.000 She's not.

00:37:02.000 She's just stopping comedy from happening.

00:37:05.000 She's prematurely terminating comedy. 1.00

00:37:08.000 That comedy was never alive, that comedy.

00:37:10.000 It was just a cluster of words before.

00:37:12.000 And she got rid of it before it could ever form itself into an actual joke.

00:37:16.000 She actually just terminated the joke a little bit early to prevent it from ever taking full form.

00:37:21.000 And you can't really accuse her of killing the joke, per se.

00:37:24.000 She really just stopped the formation of the joke.

00:37:25.000 Now, you may say, Michelle Wolf, why weren't you just abstinent from comedy?

00:37:29.000 Why didn't you just use a little bit of protection?

00:37:32.000 Why did you wait until the joke started to be formed before you carved it apart in the womb and flushed it down a toilet? 0.92

00:37:37.000 Why didn't you just do that?

00:37:38.000 But that would be patriarchal to suggest that you are in control of Michelle Wolf's comedic decisions. 0.61

00:37:44.000 Michelle Wolf gets to be as promiscuous with comedy as she could possibly want to be, and then she gets to terminate the results of that comedy before it forms into comedy, because after all, it's just the same as a polyp. 1.00

00:37:55.000 It's basically the same as any other sentence, that comedic joke.

00:37:58.000 OK, so Michelle Wolf, but she is indicative of a mindset that is set in among people on the left, which is that abortion is the ultimate good.

00:38:04.000 And that's why they're so mad today.

00:38:05.000 The reason they're so mad today is because for folks on the left, abortion has taken on an actual morally positive hue.

00:38:12.000 It's not just that abortion is something we need in cases of something going wrong.

00:38:16.000 It's something we need in terrible, horrible cases.

00:38:19.000 That's an old fashioned argument.

00:38:21.000 You know, there used to be people who argued that abortion

00:38:23.000 It was necessary because of rape and incest, right?

00:38:25.000 This was always the argument that was used.

00:38:27.000 Now, as a pro-life person, I don't believe that rape and incest are actually an excuse for an abortion.

00:38:32.000 I believe that rape ought to be punishable by castration, death, life imprisonment.

00:38:37.000 And I believe that incest ought to be punishable by force of law. 0.84

00:38:41.000 But that doesn't mean that you get to actually kill a baby because the creation of the baby was something horrible and evil.

00:38:47.000 That said, it used to be the left used those as the excuses.

00:38:50.000 They said, well, you know, there are really hard moral situations where you have to make compromises.

00:38:55.000 Now, the left says, if you have not had an abortion, then you are doing something wrong.

00:38:59.000 You are living by the stereotype that you ought to be pregnant. 0.80

00:39:02.000 And by doing so, you are reinforcing the patriarchy.

00:39:05.000 It's men making decisions over your body. 0.99

00:39:07.000 The best kind of woman, the most empowered kind of woman, is the woman who's had an abortion. 1.00

00:39:11.000 The woman who's had an abortion is better, a better version of the woman, than the woman who's never had an abortion. 0.98

00:39:16.000 Because the woman who's never had an abortion, you know, she really has not accepted that her body is under her own control. 0.90

00:39:21.000 It's a sign of female empowerment, just the same way that the left has decided that women who participate in pornography or prostitutes are actually avatars of female empowerment because they are empowered with their own body. 0.83

00:39:32.000 Well, being pregnant and then killing the baby, that is another way of feeling proud of your own body, because after all, the baby is not an independent human being.

00:39:39.000 That's just a part of your body. 0.83

00:39:40.000 And so when you kill it, you're not actually killing it. 0.91

00:39:43.000 You're just stopping it from happening. 0.86

00:39:45.000 And I love the euphemisms the left uses.

00:39:46.000 Stopping it from happening.

00:39:48.000 OJ Simpson didn't kill Nicole Brown Simpson. 0.98

00:39:51.000 He just stopped her from happening.

00:39:53.000 He just stopped her.

00:39:54.000 I mean, she was there and then she wasn't, but it was mostly that she was happening and then suddenly she just stopped happening.

00:39:58.000 It was the thing that wasn't happening anymore was Nicole Brown. 0.77

00:40:02.000 It's just the levels of lie that the left will tell about abortion in order to maintain it as a sacrament are truly astonishing.

00:40:10.000 And that's why when I see people, you know, on the right who continue to maintain that the right should not engage in this particular battle, I say,

00:40:16.000 This may be the only important moral battle that's going to matter a thousand years from now.

00:40:19.000 A thousand years from now, people aren't going to care about what the tax rate was in the United States in 2018.

00:40:24.000 A thousand years from now, people are not truly going to care very much about environmental policy in the United States and the minor differentiations between CAFE standards.

00:40:32.000 What people are definitely going to care about is whether we as a society decided to greenlight and not only greenlight, celebrate the murder of the unborn.

00:40:39.000 And this is why I think that I wish Kavanaugh would overrule Roe v. Wade.

00:40:42.000 I think that we're going to move in the direction of curbing Roe v. Wade, which is better than nothing. 0.75

00:40:46.000 But I think it would be better if we just got rid of it and stopped killing 3,500 babies a day in the United States.

00:40:52.000 It seems to me that that should have been the end goal here.

00:40:54.000 I hope that Kavanaugh proves me wrong.

00:40:56.000 Maybe he will.

00:40:57.000 We'll find out.

00:40:57.000 OK, time for some things I like and then some things that I hate.

00:41:02.000 Things that I like today.

00:41:04.000 Speaking of the Supreme Court, William Rehnquist was Chief Justice of the Supreme Court until Justice John Roberts was appointed back in 2005.

00:41:11.000 He wrote, this is the first book I ever read on the Supreme Court.

00:41:14.000 I actually bought it at the Supreme Court.

00:41:16.000 It's called The Supreme Court by William Rehnquist.

00:41:19.000 And it is a good guide to how everything works at the Supreme Court.

00:41:22.000 It also has some good content on the history of the Supreme Court and what it's like to work at the Supreme Court.

00:41:29.000 And it's a really good kind of primer for anybody who's interested in the basics of how the Supreme Court operates.

00:41:33.000 Rehnquist himself was an interesting judge.

00:41:35.000 He wasn't an originalist.

00:41:36.000 He wasn't really a textualist.

00:41:38.000 He was more of a conservative.

00:41:39.000 You were going to say that he was politically oriented and sort of law and order conservative who believed that all of the attempts to undermine law and order via liberal interpretation of the Constitution were misguided.

00:41:51.000 He tended to vote consistently, you know, with conservative positions on the court, but his opinions were never Scalia or Thomas rooted in the history and context of the Constitution per se.

00:42:02.000 But he did move the court in a more conservative direction.

00:42:05.000 I think that if you were going to find a somebody who you're going to liken to Kavanaugh, I think the Rehnquist is probably the best comp.

00:42:10.000 In baseball or basketball, you say, OK, you have a draft pick.

00:42:13.000 Who does that draft pick? 1.00

00:42:16.000 Well, when it comes to Justice Roberts, I said that he was going to pencil out a lot more like Souter.

00:42:29.000 He penciled out somewhere between Souter and Rehnquist.

00:42:32.000 I think that the chances are pretty good that Kavanaugh ends up as a Rehnquist figure, which is something conservatives should be happy with.

00:42:37.000 I wouldn't say ecstatic about.

00:42:39.000 Oh, one more thing that I like.

00:42:43.000 I don't know why it is that Colton has decided to bring me a weird story today, but he's decided to bring me a weird story every day.

00:42:49.000 This is a story from WNGO ABC in New Orleans.

00:42:53.000 Renard Matthews was killed in New Orleans two weeks ago.

00:42:56.000 He was young, 18 years old, and while the tragedy of losing him so young weighs heavily on his family, they chose to have his body prepared for Sunday's afternoon's wake in a way that they want to remember him.

00:43:06.000 And if you can't see this, folks, this is literally a dead guy who is sitting in a chair with a game controller on his lap and a box of Chip Crunch beneath his chair and a video of the Golden State Warriors playing the Boston Celtics on television.

00:43:36.000 And it's a video game?

00:43:38.000 Is it a video game of the Warriors playing the Celtics?

00:43:41.000 Well, the Celtics are losing because, presumably, he can't actually move the controller.

00:43:46.000 So that's a game he's destined to lose right there.

00:43:49.000 He seems rather unenthusiastic about the game.

00:43:50.000 Perhaps that is because he is dead.

00:43:52.000 I will give it to the family.

00:43:53.000 At least he was posed doing what he loved.

00:43:56.000 So that's exciting.

00:43:58.000 It's full weekend at Bernie's over there.

00:44:02.000 In New Orleans.

00:44:03.000 And it does make you think, like, if this were Bill Clinton, you probably couldn't pose him in public doing what he loved.

00:44:10.000 It'd be a real problem.

00:44:12.000 Just be Bill Clinton with his zipper down holding a cigar and just sitting in a chair and then Hillary, presumably Hillary Clinton, screaming at him, screaming at his corpse.

00:44:21.000 I mean, imagine the various public figures.

00:44:24.000 What would you do at Kevin Spacey's funeral?

00:44:28.000 Just doing what you loved.

00:44:29.000 Harvey Weinstein's funeral.

00:44:32.000 I think we should probably not do this.

00:44:33.000 I think that just as a general rule, societally, we probably should not do this.

00:44:36.000 We probably should just stick you in a box and leave you there.

00:44:42.000 Well, it's a move. 0.63

00:44:42.000 It's a move. 0.63

00:44:43.000 I'll give him that.

00:44:44.000 It's a thing that happened in the United States.

00:44:47.000 Yep.

00:44:48.000 And it's gotta be kind of weird because you walk into that funeral and you're like, do I go over and say hello?

00:44:52.000 Like, do I congratulate him on how the game is going?

00:44:54.000 And I like that they have velvet ropes that actually block off the crowd from the body to make sure that people don't go there and like repose him. 0.97

00:45:03.000 They're going to go there and put his hand on his crotch or something. 1.00

00:45:05.000 Or they're going to put a pom-pom in his hand because he's rooting for the team. 0.98

00:45:11.000 Yeah, this seems like not a great thing.

00:45:15.000 Okay, so time for some things that I hate.

00:45:21.000 The thing that I hate today is the Louvre.

00:45:23.000 The Louvre, what are you doing?

00:45:25.000 Okay, first of all, you're a barn.

00:45:26.000 Second of all, I don't understand why it is that you are paying homage to Jay-Z and Beyonce.

00:45:31.000 So, a couple of weeks ago, I did a Deconstructing the Culture, in which I went through the ape bleep video. 0.98

00:45:38.000 Ape crap video, ape poop video, right? 0.99

00:45:40.000 Because it's apesh video. 1.00

00:45:41.000 Okay, so, we went through that a couple of weeks ago, because it's ridiculous.

00:45:45.000 Rolling Stone did a whole analysis of why 0.99

00:45:48.000 Beyonce thrashing about in her undergarments in the middle of the Louvre somehow outclasses the work of Leonardo da Vinci and how Western art had been completely put to shame by Jay-Z standing there like a catatonic idiot while his wife 0.98

00:46:02.000 Flounces about in these giant drapes that look like they were bought at the Bed Bath & Beyond from next door. 0.95

00:46:08.000 Right, so it's a really bad music video.

00:46:10.000 The Louvre has decided that they are going to actually now do a tour of the Louvre based on a video called Ape Poop.

00:46:19.000 About, have you ever heard a crowd going ape poop? 0.67

00:46:23.000 And a bunch of half-naked people doing gyrating motions in front of great art. 0.68

00:46:29.000 The Louvre. 1.00

00:46:30.000 You suck. 1.00

00:46:30.000 So here is the New York Post. 1.00

00:46:32.000 Here's what they say.

00:46:32.000 A visual feast?

00:46:51.000 Really?

00:46:52.000 More like a visual Last Supper.

00:46:54.000 Because afterward, somebody is going to get it.

00:46:57.000 Now the Lube is capitalizing on its new street cred by offering a free self-guided tour of 17 paintings and statues featured prominently in the first video off of the Carter's new album, Everything is Love.

00:47:08.000 Including the Winged Victory of Samothrace statue that Beyoncé vogues in front of while wearing a $140,000 Stéphane Rolland wedding dress. 0.97

00:47:16.000 That sucker cost $140,000? 0.98

00:47:17.000 I have a question. 0.99

00:47:20.000 These are the people of the people?

00:47:21.000 Is this what the people want?

00:47:23.000 The lady thrashing about in front of Winged Victory of Samothrace wearing a $140,000 wedding dress? 0.65

00:47:27.000 She's already been married for several years.

00:47:29.000 You couldn't have given that to charity and just gone to the Salvation Army and picked up a tablecloth lady?

00:47:33.000 My goodness.

00:47:35.000 And apparently also Marie Benoist's Portrait of a Negress.

00:47:38.000 The 90-minute self-guided audio tour, J'ai dit et bien c'est en Louvre, is currently only in French, but other languages will eventually be available.

00:47:46.000 Or you can translate the tour in your internet browser using plugins like Chrome's Translate feature.

00:47:50.000 The guide identifies each work of art and gives its historical context.

00:47:54.000 Well, I'm sure that Jay-Z and Beyonce knew the full historical context, and I'm sure that when they were screaming about going ape-leep amongst the half-nude bodies gyrating in front of these paintings, they were really thinking about, how can I get more tourists to see the winged victory of Samothrace?

00:48:07.000 By the way,

00:48:10.000 Forget, like, a hundred years.

00:48:12.000 In five minutes, when no one cares about this video, that statue will still be there, because that's what statues are made for.

00:48:19.000 Permanence, and it's an amazing piece of art.

00:48:21.000 The Louvre wasn't hurting for attention.

00:48:22.000 Eight million people visited the world-class cultural institution last year.

00:48:26.000 One million of them came from the US.

00:48:28.000 More than half were under the age of 30.

00:48:30.000 But the Carters are one of the world's most powerful couples, says the New York Post.

00:48:33.000 With a $1.6 billion combined net worth last year,

00:48:36.000 So why can't they afford better clothes?

00:48:38.000 I mean, they spent $140,000.

00:48:39.000 I'm not gonna get over the fact that that dress cost $140,000.

00:48:41.000 I'm just not.

00:48:42.000 It looks like she was swamped by an opaque jellyfish.

00:48:46.000 Beyoncé boasts more than 113 million Instagram followers, and one social media post from her is worth $1 million in advertising because everything is not love. 1.00

00:48:54.000 Everything is stupid. 0.96

00:48:56.000 So their celebrity endorsement inspires their fans who haven't crossed the Atlantic to consider making the trek to the Louvre. 0.98

00:49:01.000 And the video also showcases works of art apart from the Mona Lisa, which those who have visited the museum already may have missed, so this can encourage them to return.

00:49:08.000 Syracuse University professor and pop culture expert Robert Thompson told Moneyish,

00:49:19.000 Oh.

00:49:20.000 Yeah.

00:49:20.000 It turns out that eight million people a year saw those things, because they're in the world's most famous museum.

00:49:28.000 Yeah.

00:49:38.000 Great. 1.00

00:49:38.000 I want more idiot millennials taking selfies in their sunglasses while gyrating in front of great statues. 1.00

00:49:42.000 That's what Western art is all about. 0.99

00:49:43.000 That would be the series of guidebooks, with their songs acting as travel guides to must-see cultural experiences.

00:50:03.000 Well, technically, it's not the song acting as a travel guide.

00:50:05.000 It's more the music video. 0.98

00:50:06.000 The song itself acts only as a travel guide to actual ape crap. 0.98

00:50:09.000 So there's that.

00:50:10.000 And they are apparently making the museum accessible to a wider audience, because no one had heard of the Louvre before.

00:50:15.000 They've made it accessible.

00:50:16.000 It says the Carters could potentially bring in a whole new audience of people.

00:50:19.000 By the way, I don't know that...

00:50:21.000 That would actually be what the Carters intended, considering that I thought, according to Rolling Stone, the whole thing was supposed to be mocking the insularity and archaic nature of Western art.

00:50:29.000 That all this Western art was based on white people, but here are brown and black bodies in front of the art, and therefore drawing a contrast between the live bodies and the dead portrayals of those bodies on the walls of the Louvre.

00:50:40.000 That was Rolling Stone's take, so I guess this is a different take, which is that apparently Beyonce and Gigi love Western art.

00:50:46.000 The Louvre has benefited from star power before.

00:50:48.000 Of course, it was featured in the Da Vinci Code.

00:50:50.000 And of course, it was in Night at the Museum.

00:50:54.000 Museum of Natural History was in Night at the Museum.

00:50:57.000 Right.

00:50:57.000 The difference is that none of it was really about, like, mocking the art itself.

00:51:01.000 The Brooklyn Museum is in the middle of a David Bowie is exhibit of an exhibition of 400 objects, including 60 custom-made performance costumes, handwritten lyric sheets and drawings from the late music icon's personal archive.

00:51:13.000 Okay.

00:51:14.000 I guess all advance tickets are sold out.

00:51:16.000 Like, people have nothing to do.

00:51:18.000 I think this is the conclusion I've come to.

00:51:19.000 People have nothing to do.

00:51:20.000 You gotta go see David Bowie's costumes.

00:51:23.000 You know what?

00:51:23.000 Honey, I've got nothing to do.

00:51:24.000 It's a Sunday morning.

00:51:24.000 Let's go see David Bowie's costumes.

00:51:27.000 OK. 0.99

00:51:28.000 Or I could shoot myself in the face. 1.00

00:51:29.000 I mean, what? 1.00

00:51:31.000 OK.

00:51:32.000 OK.

00:51:32.000 I get it.

00:51:33.000 Some of you are David Bowie fans.

00:51:34.000 All right.

00:51:35.000 All I'm saying is that the attempt to turn great art into a backdrop for bad art and then use that bad art as, oh, look at them.

00:51:43.000 They're patrons of the arts.

00:51:46.000 Oh, Louvre.

00:51:47.000 Louvre.

00:51:48.000 Ah, the French. 1.00

00:51:49.000 What can you do with them?

00:51:49.000 All right.

00:51:50.000 We'll be back here tomorrow with all the latest.

00:51:51.000 I'm Ben Shapiro.

00:51:51.000 This is The Ben Shapiro Show.

00:51:57.000 The Ben Shapiro Show is produced by Senya Villareal, executive producer Jeremy Boring, senior producer Jonathan Hay.

00:52:02.000 Our supervising producer is Mathis Glover, and our technical producer is Austin Stevens.

00:52:07.000 Edited by Alex Zingaro.

00:52:08.000 Audio is mixed by Mike Carmina.

00:52:10.000 Hair and makeup is by Jesua Alvera.

00:52:12.000 The Ben Shapiro Show is a Daily Wire Ford Publishing production.

00:52:14.000 Copyright Ford Publishing 2018.

The Ben Shapiro Show - July 10, 2018

Kavanaugh, Kava-yes! | Ep. 577

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