The Charlie Kirk Show - A-Once-In-A Generation Political Re-Alignment

00:00:00.000 Hey everybody, today in the Charlie Kirk show, a big win for parents.

00:00:03.000 The Parents Party is able to put points on the board.

00:00:06.000 Really good news story.

00:00:08.000 And also, are we living through the greatest political realignment of a generation?

00:00:12.000 That and so much more.

00:00:13.000 Please consider emailing us your thoughts as always freedom at charliekirk.com.

00:00:17.000 And if you want to support our show, go to charliekirk.com/slash support.

00:00:21.000 That's charliekirk.com/slash support.

00:00:23.000 Get involved with turning pointusa day at tpusa.com.

00:00:26.000 And we're also joined by Kelly Shackleford, firstliberty.org.

00:00:29.000 Buckle up, everybody.

00:00:30.000 Here, we go.

00:00:31.000 Charlie, what you've done is incredible here.

00:00:33.000 Maybe Charlie Kirk is on the college campuses.

00:00:35.000 I want you to know we are lucky to have Charlie Kirk.

00:00:38.000 Charlie Kirk's running the White House, folks.

00:00:42.000 I want to thank Charlie.

00:00:43.000 He's an incredible guy.

00:00:44.000 His spirit, his love of this country, he's done an amazing job building one of the most powerful youth organizations ever created.

00:00:51.000 Turning point USA. 0.65

00:00:52.000 We will not embrace the ideas that have destroyed countries, destroyed lives, and we are going to fight for freedom on campuses across the country.

00:01:01.000 That's why we are here.

00:01:04.000 Brought to you by the Loan Experts I Trust, Andrew and Todd at Sierra Pacific Mortgage at AndrewandTodd.com.

00:01:12.000 It is Martin Luther King Day, so some people take today off, but we are in the chair and we are hosting live, and there's a lot to get to.

00:01:20.000 You can email us your thoughts as alwaysfreedom at charliekirk.com.

00:01:22.000 And we have received such overwhelming response for our white coat summit that we did with Dr. Martinson and Dr. Pierre Corey.

00:01:33.000 You guys can check that out on the Charlie Kirk Show podcast, one of the top podcasts out there on the planet right now.

00:01:39.000 You guys can check it out on the Charlie Kirk Show podcast feed.

00:01:43.000 One of the themes that we have been hitting here on this show is over the last calendar year, from January of 2021 to today, you've seen the rise of the citizen and the fall of the regime.

00:01:57.000 We have seen regular moms and dads show up to school board meetings across the country, get criminalized by the Department of Justice, be called domestic terrorists.

00:02:05.000 But it created this robust, bottom-up, grassroots political movement that the ruling class and the people that run the country that want to turn you into serfs or subjects were totally surprised by.

00:02:24.000 They were taken back.

00:02:26.000 They couldn't quite comprehend why parents cared so much about their kids' education.

00:02:32.000 Now, because of the lockdowns that society decided to enact as a response to the Chinese Fauci coronavirus, parents across the country for the first time decided to get engaged and get involved in school board races and elections over the last year.

00:02:53.000 This is part of the rise of the citizen.

00:02:56.000 2021 did not have many elections, but there was one in particular that started to surface as a potential climax, as a potential testing point of all these different political trends that we started to see in April and May and June of last year.

00:03:14.000 Businessman Glenn Young was running for governor of Virginia.

00:03:20.000 He was running up against Clinton Operative and former governor of Virginia, Terry McAuliffe.

00:03:25.000 And Glenn Young was down nearly double digits in the polls, 12 to 15 points.

00:03:29.000 Some polls had him down.

00:03:31.000 It seemed as if Terry McAuliffe was going to have an easy waltz to the governorship.

00:03:35.000 There'd be no questions asked, and Republicans would lose yet again in the ever-increasing blue state of Virginia.

00:03:44.000 Of course, moms and dads rose up in record numbers.

00:03:48.000 Loudoun County was tighter than ever before.

00:03:51.000 The strong conservative areas got behind Yunkin, and Yunkin was elected governor of Virginia.

00:03:59.000 Now, we celebrated that victory that night.

00:04:01.000 We did a whole live stream that evening.

00:04:03.000 It was a massive win against the regime.

00:04:06.000 It was a win for parents, the parents' party that is ever increasing and strengthening in numbers.

00:04:12.000 It was a win for those of us that care for educational mobility and school choice, vouchers, and especially the fight against critical race theory.

00:04:24.000 Now, in the weeks that followed Glenn Young's election, there were a lot of articles that were suggesting that Glenn Young was going to go the way of Mitt Romney, that he was going to go straight towards the middle, that Glenn Young was going to betray his campaign promises, and he said one thing on the trail, and he was going to do another.

00:04:43.000 And honestly, I was starting to see a pattern that I had seen far too often amongst many politicians.

00:04:50.000 A politician that will use the energy, use the deciding factor of the conservative base to try to get political power and then completely discard them once he believes or she believes they have maximized their utility.

00:05:07.000 I've been in kind of a wait-and-see approach to kind of see what is Youngkin going to do when he actually takes office.

00:05:13.000 Well, on Saturday, Glenn Young was sworn in as governor of Virginia.

00:05:19.000 Immediately, Glenn Young went to signing executive orders aimed at keeping key campaign pledges.

00:05:25.000 I'm reading from CharlieKirk.com to push back on highly divisive critical race theory and to investigate Loudoun County public school members and officials.

00:05:36.000 Glenn Young, within minutes of becoming governor, he decided to do what so Republicans hesitate to do, which is to fulfill on your campaign promises.

00:05:46.000 Number one, Glenn Young has banned all uses of critical race theory in public education in Virginia.

00:05:54.000 To restore excellence in education, Glenn Young signs an executive order ending the use of divisive concepts, including critical race theory in public education.

00:06:02.000 Number two, Glenn Young has said to empower Virginia parents, again, it's this kind of theme of the parents' party in their kids' education.

00:06:12.000 It is now the rule in Virginia to allow parents to make decisions on whether their kids should wear a mask in schools.

00:06:19.000 Mask mandates for children are dead in Virginia.

00:06:23.000 To restore confidence and integrity in the parole board of the Virginia comment on the Commonwealth of Virginia.

00:06:29.000 Not exactly sure if that one is relevant to the theme we're talking about, but it sounds interesting.

00:06:35.000 The next one, to investigate wrongdoing in Loudoun County.

00:06:39.000 Remember the covering up of the father who came and complained about his daughter that was raped, the 14-year-old daughter, and then they reassigned the male student who raped again?

00:06:48.000 Glenn Young is wasting no time.

00:06:49.000 He is doing a full investigation into that.

00:06:52.000 Now, maybe someone could explain to me why Glenn Young decided to dress like Leonardo DiCaprio from Django Unchained.

00:06:59.000 I don't quite understand the wardrobe selection.

00:07:03.000 I don't have Twitter or any of that.

00:07:04.000 Maybe the internet has already figured that out, but it's a spitting image, almost identical.

00:07:09.000 Next, Glenn Young is saying Virginia is open for business, no more lockdowns.

00:07:16.000 And now, then a couple to prevent human trafficking and support, provide support for survivors.

00:07:21.000 And then finally, there is a commission to combat anti-Semitism.

00:07:25.000 And then finally, to withdraw from regional greenhouse gas initiative, which is to push back against the green energy lobby that Terry McAuliffe and Governor Ralph Northam and many others tried to institute in Virginia.

00:07:42.000 What Glenn Young told us day one should be a shot in the arm.

00:07:46.000 It should be reinforcement.

00:07:47.000 It should be encouragement for all you parents out there.

00:07:51.000 That he listened to you, and not only did he say the right things on the campaign trail, but day one, he says, mask mandates are done, critical race theory is done, I'm investigating Loudoun County, I'm going to crack down on this greenhouse gas, green energy nonsense in Virginia.

00:08:09.000 This is winning everybody, not just winning elections, but actually meaningfully and measurably improving the states that you live in.

00:08:20.000 Glenn Youngkin was pressed about banning CRT in schools, and he, in a very articulate way, doubled down on it.

00:08:28.000 Please play CUT 20.

00:08:30.000 School systems, we're not going to teach our children to view everything through a lens of race.

00:08:36.000 Yes, we will teach all history, the good and the bad, because we can't know where we're going unless we know where we have come from.

00:08:44.000 But to actually teach our children that one group is advantaged and another is disadvantaged simply because of the color of their skin cuts across everything we know to be true. 1.00

00:08:55.000 And the immortal words of Dr. Martin Luther King ring in our ears that we must judge one another by the content of our character and not the color of our skin.

00:09:03.000 This is what will be the founding principle of our executive order, what we're going to do in Virginia schools.

00:09:08.000 It's Martin Luther King Day, and Glenn Youngkin is right to take the moral high ground of the challenge that Martin Luther King put forward.

00:09:17.000 Glenn Youngkin is doing what he said he is going to do, what he's going to do, which I think should be a great sign for those of us that might be a little apprehensive, myself included, about some Republicans that we might elect to Congress coming into November and what they might do once they go to D.C.

00:09:35.000 Today, those of you that are members of the Parents Party, that are members of a constitutional reset that are trying to create or try to recreate a society that you grew up in where you don't care about the color of people's skin, you care about the content of their character.

00:09:50.000 Virginia has just moved in the right direction.

00:09:53.000 And Virginia can be the next Florida if he pushes.

00:09:56.000 Now, here's why Youngkin cannot run for reelection.

00:10:01.000 So he can just do whatever he wants.

00:10:03.000 And I think people are going to rally behind him.

00:10:06.000 And I think he's going to move the Overton window and move Virginia.

00:10:09.000 If he keeps this up, if he doesn't become a typical Chamber of Commerce, weak need Republican, he can move Virginia from a blue state to a purple state to maybe right in the middle.

00:10:20.000 And that takes leadership, but also it's because of you.

00:10:24.000 It's a manifestation and a reflection of the people.

00:10:27.000 And that should give you hope.

00:10:30.000 It's a new year and not much has changed.

00:10:33.000 Houses are selling in an instant.

00:10:35.000 Interest rates are at zero.

00:10:36.000 Our government is still borrowing and printing money, and $5 trillion of new make-believe money is out there.

00:10:42.000 What could go wrong?

00:10:43.000 Well, a lot.

00:10:44.000 Meanwhile, consumer confidence, 10-year low.

00:10:46.000 Inflation, 6.8%, with parts of the United States seeing rates as high as 8%.

00:10:50.000 Something is not adding up.

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00:11:38.000 So, I do want to get into the new revelations of how much money Anthony Fauci made, but actually, as a better story to kind of complete the point about the Parents Party, is a once-in-a-generation seismic shift, a realignment is occurring in American politics.

00:11:53.000 You are living through a political realignment.

00:11:58.000 So, Gallup does these polls every quarter about United States political affiliation.

00:12:05.000 Do you lean or do you identify with Republicans or Democrats?

00:12:11.000 So, one year ago, in the first quarter of 2021, 49% of Americans that were polled say they more identify, they sympathize more with Democrats than with Republicans.

00:12:25.000 40% Republicans, 49% Democrats.

00:12:30.000 Let me say that again.

00:12:31.000 49% Democrats, 40% Republicans.

00:12:34.000 That's one year ago.

00:12:37.000 In the second quarter of 2021, Republicans were at 43%, and Democrats did not move.

00:12:45.000 They were still at 49%.

00:12:47.000 That's probably because some Republicans might have been a little sour about January 6th or kind of what happened, how we lost the Georgia Senate runoffs, and they were done.

00:12:57.000 But they came back home, and we saw that in a variety of different types of numbers.

00:13:01.000 But Democrats did not lose any support from the first quarter of 2021 to the second quarter of 2021.

00:13:10.000 49 Democrats, 43 Republicans.

00:13:13.000 In the third quarter of 2021, of last year, all of a sudden we saw a tightening that was almost inexplicable.

00:13:22.000 We saw Democrats go sharply down from 49% of Americans that strongly identify or lean identify or strongly identify as Democrats to 45 and 44 Republicans.

00:13:37.000 So it starts the year at 49.40, Democrats in the lead.

00:13:41.000 And then by the third quarter, it's 45.44.

00:13:46.000 And how did it end up?

00:13:47.000 Well, the last poll that was conducted at the end of this last year, by the way, the sample size for these are 12,000 randomly sampled U.S. adults.

00:13:59.000 And this information, this data correlates perfectly.

00:14:03.000 It fits seamlessly into the approval rating data of Joe Biden.

00:14:07.000 Now, this article was published today, January 17th.

00:14:11.000 How is it now?

00:14:13.000 Today, 47% of Americans identify with Republicans, 42% with Democrats.

00:14:20.000 Look at that chart.

00:14:21.000 That chart right there is the rise of the citizen and the fall of the regime.

00:14:26.000 Exactly what we've been talking about.

00:14:28.000 That's a collapse.

00:14:29.000 That is a seven-point collapse by Democrats and a seven-point spike by Republicans over the course of a year.

00:14:37.000 You could take that down.

00:14:38.000 Now, the significance of this is Republicans almost never win on the party preference or party affiliation, almost never.

00:14:46.000 Even on a generic ballot, if Republicans are down a couple points, that usually means Republicans are going to do well.

00:14:52.000 Republicans traditionally do not do well on the generic ballot.

00:14:56.000 Why?

00:14:56.000 Democrats get oversampled, urban cities, inner cities, heavy Democrat pockets, turnout, Republicans less likely to tell pollsters who they are.

00:15:04.000 So it's probably even more dramatic than this.

00:15:07.000 It's probably even more dramatic that Republicans, 47, Democrats, 42. 0.56

00:15:13.000 This is a dumpster fire for the Democrats.

00:15:16.000 Some people, including Steve Bannon, thinks that this could be a generational realignment that could displace the Democrats from power, a near extinction event for the Democrat Party.

00:15:29.000 A once-in-a-generation metaphorical asteroid, for those of you that watch Netflix, don't look up, you know what I'm talking about.

00:15:35.000 Once-in-a-generation asteroid that could come in and destroy the entire Democrat Party and put them into total and complete irrelevancy.

00:15:43.000 Now, I'm not there yet.

00:15:45.000 I'm not there because Republicans don't control the FBI, the CIA, Harvard, Google, the New York Times, Twitter, Goldman Sachs, Citibank, Amazon, or the biggest corporations, or the internationalist organizations from the World Health Organization to the World Economic Forum.

00:16:03.000 So, I'm not there yet.

00:16:03.000 However, what this does show is that the people are not going to buy what Democrats are selling anymore.

00:16:10.000 Basically, Democrats have built their coalition out of people that are strictly and firmly ideological Democrats.

00:16:16.000 People that are pro-abortion, no matter what you say, they are aggressive environmentalists, no matter what argument you make, no matter what, they have a dogmatic position that they are going to stick to.

00:16:27.000 We know that does not win elections.

00:16:29.000 Instead, what wins elections is you motivate your base, you grow your base, and if you're able to peel away 3 to 5% of people in the middle, you're able to win an election.

00:16:41.000 47% of Americans identify favorably with Republicans, 42% of Democrats.

00:16:46.000 And by the way, this is before inflation really starts to kick in this year and other major headwinds that Democrats have to face.

00:16:54.000 You might be living through a once-in-a-generation political realignment.

00:17:00.000 Everybody, I know you love freedom and you want to defend it.

00:17:04.000 And I know you love the Constitution, and so do I.

00:17:07.000 It's the same with the wonderful Hillsdale College.

00:17:10.000 College means partnership.

00:17:12.000 And I wonder how many people out there are upset that their college is no longer in partnership with them.

00:17:18.000 It's something really to think about.

00:17:20.000 Well, Hillsdale College, the last college, the beacon of the North, they are pursuing their mission of truth, of pursuing truth, and defending liberty.

00:17:28.000 It gives their wonderful graduate, undergraduate students the best education, and it is working to make education available to all.

00:17:35.000 I've visited Hillsdale many times.

00:17:36.000 I am blown away by what they are doing there.

00:17:40.000 There's not a college like it, truly.

00:17:41.000 Dr. Larry Yarn has done an exceptional job.

00:17:44.000 And by the way, they offer free online courses to help support great K-12 schools.

00:17:49.000 I have taken 11, I've completed, I should say, 11 out of 27 of their online courses.

00:17:54.000 By the end of this calendar year, I plan to have all the online courses completed fully.

00:17:59.000 It's a lot of work, but things that are beautiful require work.

00:18:03.000 Things that matter require work.

00:18:05.000 So take the courses alongside me.

00:18:06.000 I've taken their Aristotle course, their Churchill course.

00:18:09.000 I just am finishing their Theology 101 course.

00:18:12.000 I finished the Western Heritage course.

00:18:14.000 That was a tough one, not going to lie.

00:18:16.000 Public policy, public policy from a constitutional standpoint, Constitution 101.

00:18:22.000 They're wonderful courses that really teach you how to think.

00:18:24.000 Their Genesis course is really interesting.

00:18:27.000 But I want to tell you about Hillsdale's free monthly speech digest of liberty.

00:18:30.000 It's called Emprimus.

00:18:31.000 Over 6 million households and businesses receive Emprimus, Charlie Kirk show included, for free each month.

00:18:38.000 And you can join them by subscribing at charlie4hillsdale.com.

00:18:41.000 There are no strings attached.

00:18:43.000 Generous donors who love freedom make it possible for Hillsdale to send Emprimus to you for free.

00:18:49.000 Emprimus is one of my favorite publications.

00:18:51.000 It's short, smart, useful, and fun.

00:18:54.000 Start receiving your free copy of this great digest of liberty, totally free of some of the best commentary out there.

00:19:00.000 Visit charlie4hillsdale.com.

00:19:02.000 That's charlieforhillsdale.com.

00:19:04.000 And while you're at it, enroll in an online course, charlieforhillsdale.com.

00:19:11.000 With us right now is Kelly Shackelford from FirstLiberty, FirstLiberty.org, a friend of mine.

00:19:15.000 And First Liberty does amazing work.

00:19:17.000 He's the president and CEO of the First Liberty Institute.

00:19:21.000 And he is on top of what's happening at the Supreme Court because we got so many questions.

00:19:25.000 Email to us, freedom at charliekirk.com.

00:19:27.000 And Kelly also has some other cases that I want to go through with him.

00:19:30.000 Kelly, welcome back to the Charlie Kirk Show.

00:19:32.000 Happy to do it, Charlie.

00:19:34.000 All right, Kelly, summarize the rulings we got last week.

00:19:37.000 Two parts, one OSHA, one Medicare, healthcare, workers.

00:19:43.000 Kind of make sense for it for our audience.

00:19:47.000 OSHA was the bigger of the two, but they're both important.

00:19:51.000 But if people don't know what OSHA is, OSHA is a federal agency that was created 50 years ago to make sure that there weren't like that there was some ability to stop really dangerous situations in the workplace.

00:20:05.000 And so they have the ability to, you know, tell you that you're not doing something and therefore help protect workers around the country.

00:20:14.000 So they have a provision.

00:20:16.000 What you typically do if you're going to change a rule at OSHA is you have to go through a long process.

00:20:23.000 You have to allow people to make comments on your proposed rule. 0.96

00:20:26.000 Because what you find is that the government often makes a lot of dumb mistakes.

00:20:30.000 And if people can't comment and say, hey, you're about to do something really bad here, then we don't end up with the best rule.

00:20:36.000 But there is an exception.

00:20:38.000 It's an emergency temporary exception.

00:20:42.000 And it's been tried 10 times.

00:20:45.000 And of those times, it was challenged six.

00:20:48.000 It was only upheld once.

00:20:50.000 So this is a really extreme thing.

00:20:52.000 This is what they tried to do with COVID, with the pandemic.

00:20:59.000 They waited over a year, and then all of a sudden it became an emergency.

00:21:04.000 And then what they did is they passed a rule.

00:21:06.000 This was obviously everybody knows what this was.

00:21:09.000 The administration originally said the federal government can't force everybody to take a vaccine.

00:21:14.000 We don't have that power.

00:21:15.000 But then when they couldn't get it done, they tried to do it through OSHA.

00:21:19.000 And what they passed said every company with more than 100 employees now has to tell all their people to get vaccinated.

00:21:27.000 If not, they have to take a test once a week at their own expense.

00:21:31.000 And then we now, OSHA, are going to, you're going to have to provide records.

00:21:35.000 This is over 84 million employees.

00:21:38.000 I mean, it was a massive takeover of all the businesses.

00:21:41.000 And it included every religious organization with 100 and more employees, you know, organizations like Turning Point and other organizations.

00:21:50.000 So a lot of us, I think there were, I don't know how many total, but maybe 20 or so overall groups filed lawsuits.

00:22:00.000 We filed three different lawsuits.

00:22:02.000 And it's weird because this temporary emergency thing goes directly to the Court of Appeals.

00:22:09.000 We ended up in the Fifth Circuit, and we and another five or six other groups want an injunction against this.

00:22:16.000 Immediately, the Fifth Circuit saw this is totally, totally an overreach by the federal government.

00:22:22.000 It violates our constitutional structure.

00:22:24.000 It violates the statutes.

00:22:26.000 But then what happens is you take all the circuits and you throw all the cases into one circuit and it got thrown into the Sixth Circuit.

00:22:34.000 And they pulled that injunction that stay back. 0.99

00:22:38.000 And so this was going to go into effect.

00:22:40.000 And so we filed an emergency in the Supreme Court along with, I think, nine other groups.

00:22:46.000 And they heard that argument a little over a week ago.

00:22:50.000 And then they issued their ruling this last week.

00:22:53.000 And the reason this is so important, Charlie, is if they can do this, then the federal government can take over.

00:22:59.000 All these agencies can take over anything because you just say it's an emergency and they can mandate all kinds of things.

00:23:08.000 And there's no accountability.

00:23:09.000 These bureaucrats aren't accountable. 0.99

00:23:11.000 And you essentially have somebody in the executive branch not going through the legislature.

00:23:16.000 And by the way, this is not even a federal power.

00:23:19.000 This is a state health issue.

00:23:22.000 And so it was really, it would have changed our entire structure as a country in that we would have bureaucrats from DC controlling everything in their lives with us having no recourse.

00:23:33.000 So that was the OSHA decision, and that was 6-3.

00:23:36.000 And every justice voted, I think, the way that we would have expected them to.

00:23:41.000 Now, on the other one, though, it is the mandate for healthcare workers, which impacts a lot of our listeners and a lot of our followers and supporters.

00:23:52.000 I was disappointed with Kavanaugh's ruling on that.

00:23:55.000 I know you have to be careful with what you say because you have a lot of pending courts for cases in front of the Supreme Court, and I don't want to put you in a tough position, but just help us make sense of that.

00:24:03.000 What was Kavanaugh's argument?

00:24:05.000 Because he seems, he always has seemed as more of a constitutional guy.

00:24:09.000 I don't quite get it.

00:24:11.000 Yeah, now I'll say this.

00:24:14.000 I think the decision was wrong.

00:24:15.000 And it's called CMS, which is really Medicaid and Medicare.

00:24:20.000 And the federal government provides dollars for health care.

00:24:24.000 And so the question is, how much can they require of people who touch those hospitals or those, you know, how much can they control?

00:24:33.000 They were given certain power by Congress to administrate things, to run things, to make sure that things are done well.

00:24:41.000 But they weren't given the ability to force everybody to take a vaccine. 0.64

00:24:45.000 I mean, that's just, it's ludicrous.

00:24:48.000 And so what happened is, I mean, if you're Kavanaugh and you're Roberts, there's more of an argument here because this is the federal government doing something with regard to health care.

00:25:00.000 When it came to OSHA, I mean, I mean, that didn't have to do with the workplace.

00:25:05.000 That was about a nationwide, you know, virus.

00:25:09.000 And so that was really extreme, what they were doing here.

00:25:12.000 Here, they're trying to take something that the federal government does have some control over and expand what they can do.

00:25:21.000 I think the dissent was right that there's no authority to do this in the statute.

00:25:26.000 Congress didn't give them authority.

00:25:28.000 And I'll step back, Charlie.

00:25:30.000 That's what people need to understand.

00:25:31.000 This is really all about structure.

00:25:34.000 In our country, the people who make the decisions that affect our lives are subject to our vote.

00:25:40.000 It's the legislature that makes laws.

00:25:44.000 It's the Congress that can give this sort of power, not a president.

00:25:48.000 We don't have kings, you know, not a president, not some bureaucrat.

00:25:52.000 You had to go through the legislative process because you can vote those people out of office.

00:25:56.000 So this was about what did Congress give them power to do?

00:25:59.000 And I think it's pretty clear they didn't.

00:26:02.000 If you want an explanation for how a Kavanaugh gets there, I think that Kavanaugh is a conservative in his mind in a strong way that people don't think about, which is some conservatives, and I would put the Chief Justice at this too, think they should defer to the institutions unless something is very clear.

00:26:25.000 I don't think that's right.

00:26:26.000 I think you should defer to the Constitution.

00:26:30.000 And if Congress didn't make it clear, then you can't give power to people that takes away individual freedoms.

00:26:37.000 But I think that's what they thought.

00:26:39.000 They think they're not being activists by not striking this down.

00:26:44.000 I think that kind of deference to institutional power is dangerous and is not a conservative approach.

00:26:50.000 A conservative approach is an originalist that looks at the Constitution, says, you know what, this is Congress's power.

00:26:57.000 Congress did not clearly delegate this power.

00:26:59.000 And therefore, you want to do this?

00:27:02.000 Go pass a law.

00:27:04.000 In a way, it's subject to the people.

00:27:05.000 That way it goes through the process.

00:27:07.000 And that's what the dissent said.

00:27:08.000 Yeah, it's a bizarre way of looking at originalism, I suppose, that we want to defer to the fourth branch of government that basically is all three branches looped into one.

00:27:21.000 And I think the court's unwillingness to check the fourth branch of government, what we call the IRA, the independent regulatory agencies, has been one of the greatest failings of the court.

00:27:32.000 That's really what Article III was built for.

00:27:35.000 You and I have talked about this a lot, but it's these unchecked, unknown bureaucracies with wide-ranging power where they can make their own rules, they can implement them as they see fit, and they act as if they're untouchable.

00:27:47.000 That's why we have a Supreme Court and to act as if that, well, it's there, therefore we can't do anything about it.

00:27:54.000 I think that logic falls apart rather quickly.

00:27:57.000 I do, too.

00:27:57.000 And it's a bad policy.

00:27:58.000 It's a horrible policy, right?

00:28:00.000 Omicron is what's going around now.

00:28:02.000 What are we going to do?

00:28:04.000 We're at the height of infection rates.

00:28:07.000 And so we're going to push more medical workers out of hospitals. 0.93

00:28:12.000 I mean, this is going to kill people.

00:28:13.000 Not people from Omicron. 0.64

00:28:14.000 It's going to kill people that need to go to the hospital for other reasons.

00:28:18.000 And most of these people that they're throwing out are people who are immune.

00:28:22.000 I mean, it's really poor policy.

00:28:26.000 And, you know, in addition to the fact that they don't have the power to do this under the statute.

00:28:32.000 What did you make?

00:28:33.000 And I understand you have to be careful about this.

00:28:35.000 I'm going to talk broadly about some of the court's, let's say, lack of knowledge when it came to very basic information when it came to the virus.

00:28:43.000 I interpreted it as stay in your lane, interpret what the Constitution says.

00:28:50.000 That should be your expertise.

00:28:51.000 What was your take on that?

00:28:54.000 I thought I was grateful for it because I thought it showed that it really did show a little bit of the divide between the liberal bloc and the conservative block on the court.

00:29:08.000 The way I would put it is, let me explain something to people.

00:29:12.000 When they argue the case, you think they're asking questions of the advocate, and they are, but they're really sort of talking to each other also, because later that same day, they were going to be voting on this in a room, just the nine justices.

00:29:25.000 So their questions, they're actually trying to kind of convince other justices to come their way.

00:29:31.000 And so really the approach of the liberals and the court is mainly, hey, look, we've got a really good end.

00:29:38.000 So it doesn't matter what means we use to get there.

00:29:41.000 And of course, that is opposite the way, you know, our constitutional structure works.

00:29:45.000 And so you've got guys like Roberts and others saying, you can't do a workaround.

00:29:49.000 You've got to go through the constitutional structure.

00:29:51.000 But the liberals were more arguing these things, which they didn't know the facts about because they just, their heart was in the right place.

00:29:59.000 They were trying to do something good.

00:30:01.000 And so they didn't really care about how it was done.

00:30:05.000 And so I thought it really showed something and a difference between the more conservatives on the court and the more liberals on the court.

00:30:13.000 Well, yeah.

00:30:13.000 And if you want to talk about deference to institutions, I mean, stay in your lane.

00:30:18.000 I mean, that's where I kind of get so incredibly confused about this.

00:30:24.000 And also, these are highly complex situations with, and you saw Alito, God bless him, he's been terrific, really dance around this.

00:30:32.000 Like, wait a second, are there other ways to treat this disease?

00:30:35.000 This can't just be a one-size-fits-all thing.

00:30:37.000 He's asking the mature and the prudent questions, right?

00:30:40.000 And basically what he was getting at is, what if you're wrong?

00:30:44.000 Don't we have to account for individual choice and agency?

00:30:47.000 And so he came at it from a rather mature standpoint, where the other justices, I don't think, did.

00:30:53.000 The whole thing was built on the Delta variant, and we're not in the Delta variant anymore.

00:30:58.000 So, I mean, it was just totally irrelevant.

00:30:59.000 The whole science was irrelevant anyway.

00:31:01.000 That's right.

00:31:02.000 Kelly, congratulations.

00:31:03.000 The Coach Kennedy case is going up to the Supreme Court.

00:31:07.000 That's a big deal.

00:31:09.000 You know, for those who don't know what Coach Kennedy case is, Coach was in the Marines for 20 years.

00:31:15.000 And then when he got out and he was going to coaching, he saw this movie, Facing the Giants, which was a Christian movie about coaching.

00:31:23.000 And it just convicted him.

00:31:24.000 And so after every game, he would go to a knee by himself and say a 20-second silent prayer that just thanked God for the privilege of coaching the young men he got to coach.

00:31:36.000 And that was great until somebody seven years later came to the school and said, hey, it's really neat what your coach is doing.

00:31:44.000 And they said, what do you mean?

00:31:44.000 And they started an investigation.

00:31:46.000 And the next thing you know, Coach Kennedy was told, if you go to a knee again, you're going to be fired.

00:31:52.000 And, you know, Coach fought for our freedoms.

00:31:55.000 And he's like, what kind of example am I going to be for the kids and the Constitution that I fought for?

00:32:01.000 So he went to a knee and he was fired and went to the Ninth Circuit, which is unfortunately the district where he lives out of San Francisco.

00:32:08.000 That's where the Ninth Circuit is.

00:32:10.000 And they ruled that coaches are not allowed to pray in public if anyone can see them.

00:32:16.000 And so fortunately, we went to the entire Ninth Circuit.

00:32:22.000 It's an outrageous opinion, just totally wrong.

00:32:26.000 But we had 11 dissents.

00:32:29.000 11 of the judges dissented.

00:32:31.000 So this thing is set up beautifully for the Supreme Court, but it's really, it's the first time there's ever been a case at the Supreme Court on the rights of teachers or parents, I mean, or coaches to live out their faith.

00:32:45.000 I mean, there's cases about you can't use the power of government to coerce kids with regard to your faith.

00:32:50.000 But this is about, is it wrong for somebody to ever even be religious because somebody might see you?

00:32:58.000 So this affects everybody who's any government situation anywhere and whether they lose their religious freedoms when they show up at work.

00:33:06.000 It's not what the law says, but it's what this court said.

00:33:10.000 And it's going to affect millions and millions of people across the country.

00:33:13.000 This could have huge implications.

00:33:15.000 Has there been a case heard like this recently at the Supreme Court of this level or this magnitude?

00:33:20.000 No, no, not really ever.

00:33:22.000 And Charlie, you know, we talk politics, we talk law, but the other thing that we talk that I know we can speak on the same wavelength is spiritual.

00:33:30.000 I think this is a huge case.

00:33:32.000 When we got this case almost seven years ago, I felt like God wanted to use Coach Kennedy as really a challenge to everybody.

00:33:41.000 Are you willing to go to a knee if it means you're going to lose your job?

00:33:45.000 If it means you're going to pay a price, are you willing to go to a knee?

00:33:49.000 And I really think it's a question, even for people who aren't people of faith, if we're going to keep our country.

00:33:54.000 Are you willing to stand your ground?

00:33:56.000 Are you willing, even if it's going to cost you?

00:33:58.000 That's what it takes when the bullies are coming at the country like they are right now.

00:34:02.000 You got to have people willing to stand up and say, no, our Constitution is not being taken away from us.

00:34:07.000 And that's what Coach Kennedy's doing.

00:34:09.000 And again, I'm very encouraged because the court, most of the time they take one, it's because they're going to overrule what happened below.

00:34:18.000 So the odds are with us at this point.

00:34:22.000 We've got some justices who have already spoken to this earlier in the case for the four conservatives before Barrett was even on the court, Kavanaugh included, that were they found it very troubling what the Ninth Circuit was doing.

00:34:34.000 So I think this is set up well and could be a powerful precedent for maybe the next 40 or 50 years.

00:34:40.000 There's never been a case on anything like this.

00:34:42.000 So it's a great one to watch.

00:34:43.000 And people can follow it at firstliberty.org.

00:34:46.000 They can see Coach.

00:34:47.000 They can send him a note.

00:34:49.000 They can pray.

00:34:52.000 I think this is one to follow for sure.

00:34:54.000 Well, Kelly, thanks to you and your wonderful team at First Liberty.

00:34:56.000 You guys supported him from the bottom up and getting to the Supreme Court's a big deal.

00:35:00.000 And look, don't celebrate yet.

00:35:04.000 That's going to be a battle, right?

00:35:06.000 And we don't know.

00:35:06.000 There could be some questions.

00:35:08.000 If you're going to do a great job arguing, I think that you might get a decision that can have massive spiritual implications across the country.

00:35:15.000 God bless you, Kelly.

00:35:16.000 Thank you so much for joining us.

00:35:17.000 Firstliberty.org.

00:35:18.000 That's firstliberty.org.

00:35:20.000 Okay, everybody, email me directly as alwaysfreedom at charliekirk.com.

00:35:23.000 Thank you, Kelly.

00:35:24.000 Talk to you soon, man.

00:35:24.000 Thanks so much for listening, everybody.

00:35:26.000 Email us your thoughts as alwaysfreedom at charliekirk.com.

00:35:28.000 And if you want to support our show, go to charliekirk.com/slash support.

00:35:32.000 Thank you so much for listening, everybody.

00:35:33.000 God bless.

00:35:36.000 For more on many of these stories and news you can trust, go to CharlieKirk.com.

The Charlie Kirk Show - January 17, 2022

A-Once-In-A Generation Political Re-Alignment

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