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00:01:31.000They have a roster of black women that they say need to be the new Supreme Court justices.
00:01:37.000Now, this entire saga that's been unfolding the last 24 hours has been so interesting.
00:01:44.000And it really does confirm what Andrew Breitbart said.
00:01:49.000And you'll hear it at every Lincoln Reagan Day dinner.
00:01:51.000You'll hear it amongst almost every grassroots conservative that is really engaged in the fight: politics flows downstream from culture.
00:01:58.000And the cultural fight of the last couple of years is that diversity matters more than competency.
00:02:05.000Diversity, equity, inclusion, or as we call it, diversity, inclusion, equity, die, is one of the pinnacles of the left-wing worldview, their domestic agenda.
00:02:20.000We must be racist today to try and fix the racism of yesterday.
00:02:26.000That is Iber Max Kendi, otherwise known as Harry Rogers or Henry Rogers, whatever his name is.
00:02:31.000Now, it's been so interesting because all of this hyper-racialization of the American discourse of the American political situation fit perfectly into now this recent Supreme Court justice vacancy.
00:02:51.000So Justice Breyer is resigning by the summer.
00:02:55.000And instead of Joe Biden and the Biden regime, and even the people who run our media, instead of talking about how they want someone competent to fill that position, someone who is wise and prudent, someone who knows the Constitution, someone who will make fair and just rulings, instead it became a marathon.
00:03:17.000It became a relay race of identity politics.
00:03:20.000Now, they don't want you to know this, but there's already a black person on the U.S. Supreme Court.
00:03:27.000That man's name is Clarence Thomas, but he's not considered to be black by the left because he's not a left-wing collectivist authoritarian.
00:03:39.000But for CNN or for the regime media or for Biden, someone is only adequately black if they vote a certain way and they believe certain things.
00:03:51.000Listen to John King and his guest go through the roster of all the possible SCOTUS nominees.
00:04:00.000Here are some names that have been in the mix, and they're ones that will be familiar to you.
00:04:05.000Topping the list is someone who has been a law clerk to Justice Breyer, Judge Katanji Brown Jackson on the D.C. Circuit Court here in Washington.
00:04:18.000Another woman would be Leandra Krueger on the California Supreme Court.
00:04:23.000She's someone else who's highly credentialed, who would be in the mix.
00:04:26.000Judge Michelle Child, she's now on a district court, but she's been nominated recently to the D.C. Circuit, a very prominent stepping stone to the Supreme Court.
00:04:37.000Chief Justice John Roberts, Clarence Thomas, Anthony Scalia, Ruth Bader Ginsburg, they all came from that court.
00:04:45.000And so remember when Joe Biden made this promise when he was running, we did a whole podcast on this, and we were attacked by the mainstream media of how Joe Biden decides to play identity politics and race means nothing.
00:04:55.000That is the position of this show, that race means nothing.
00:05:14.000I committed that if I'm elected president and have an opportunity to appoint someone to the courts, I'll appoint the first black woman to the courts.
00:05:22.000My cabinet, my administration will look like the country.
00:05:27.000Well, if it looks like the country, how about we get some more Protestants on the U.S. Supreme Court?
00:05:31.000I don't think we have any, right, Connor?
00:05:45.000And they're trying to intentionally pander to a constituency that is the base of the Democrat Party, which is black women.
00:05:54.000Is this the country you want to live in?
00:05:57.000Well, it's the one that's already been created.
00:05:59.000It started with affirmative action in colleges back in the 70s and 80s, when even the high court said, yeah, this is probably unconstitutional, but we're going to allow it to happen anyway because of justice.
00:06:12.000You see these advertisements that happen between NFL football games where you have one person after the other say, we are not able to get as much opportunity.
00:06:21.000We, as black people, are not able to get as much opportunity because of systemic racism in the country.
00:06:27.000And now at the U.S. Supreme Court, they're not even hiding it anymore.
00:06:31.000They're now saying that, look, competency, whatever.
00:06:33.000CNN just puts up seven black women on screen.
00:06:38.000CNN says, well, these are our choices.
00:06:42.000How is that not discrimination against other people that are not born that way?
00:06:46.000Here's the question: Do you want to have a preference on things that people can change or things they cannot change?
00:06:56.000But for the left and for the Democrats, they want to re-tribalize American society.
00:07:05.000America was strong the less tribal we became.
00:07:12.000The country that I grew up in 10 years ago was one that if you were to dare talk about skin color as some sort of social currency, you'd be rejected as a racist.
00:07:23.000Cut 77, CNN on how minorities are victims, told by a black woman who went to private school and then Princeton, play cut 77.
00:07:31.000I mean, it is a history-making moment.
00:07:33.000It will change the way the court looks.
00:07:37.000And I think we cannot understate that for this particular president, where he is today, with a need to give something that is of great importance to his supporters, people who put him into office, especially black women.
00:07:53.000Never had the luxury of leaving any part of my identity at the door before I walked into a courtroom, walked into a boardroom, walked onto these very sets on CNN.
00:08:04.000I brought with myself the entirety of being a black woman, the lived experience of what that's like in a country like this.
00:08:11.000And I think it's incumbent upon our country to recognize that if we do not bring all of America and the holistic views of people, including black women, then we are doing a disservice to any objective evaluation of laws in this country.
00:08:28.000The oppressed black woman who went to Princeton.
00:09:17.000We have to get the country back that once existed, everybody.
00:09:20.000This kind of that charade that I just played for you on CNN is, we could call it whatever you want, a fire alarm, a harbinger, a canary in the coal mine, a warning of things to come.
00:09:33.000You see the freight train coming, whatever you might want to call it.
00:09:37.000But at the highest levels of the Supreme Court, you have commentator after commentator, including the president, say, we should fill that position based on immutable characteristics, based on how you look.
00:09:54.000And don't blacks find this super insulting, by the way.
00:09:56.000I love that one guest where she says, this needs to be payback for the blacks that got Biden into office.
00:10:03.000This is, that's what the level we're at, that putting a black woman on the Supreme Court is going to satisfy the black female base of the Democrat Party?
00:10:19.000They feel soft and lotiony in the stores, but you get them home and they don't absorb.
00:10:23.000Well, Mike Lindell and MyPillow found out around 2006 that towels change forever.
00:10:28.000They started importing them and adding softeners and other things that cotton that made them feel good but didn't work.
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00:10:46.000It's a six-piece set, two baths, two hand towels, two washcloths made with USA cotton, soft yet absorbent, regularly $109.99, now just $39.99.
00:11:18.000When we are looking to select people for positions that matter, what should the criteria be?
00:11:24.000Now, it's tempting because of the onslaught of the propaganda to want to make allowances for ancestral or intergenerational justice.
00:11:36.000It's tempting to want to do that, especially if you're a simple-minded person that doesn't think deeply about things.
00:11:42.000But most people, they have a heart, they have compassion.
00:11:46.000Most people also have a misunderstanding of the American story and especially a misunderstanding of where we've been as a country and the nuances of the creation of America and the exceptionalism of our country.
00:12:03.000Most people view history and view their time right now, especially upper white middle class voters, and they say, well, what's the big deal?
00:12:36.000And most specifically, certain choices that are made by the black community, certain cultural choices, such as fatherhood abandonment, such as the culture of crime, such as deteriorating public schools, which is not as much the fault of anybody else, but definitely the fault of the politicians that many black leaders put into office of deteriorating public schools and pandering to public sector teacher unions.
00:13:00.000In fact, they matter the only things that matter more than skin color.
00:13:05.000And it's tempting for certain upper middle class white people to go play the kind of role of white savior.
00:13:12.000I'm going to be the white person that puts a black woman on the U.S. Supreme Court.
00:13:16.000And it's actually really insulting to black people.
00:13:20.000And it's insulting for a variety of reasons.
00:13:24.000But the most obvious is that, wait a second, if you were just to open it up to who is competent, then allow the chips to fall where they may.
00:14:15.000Now, affirmative action is all fun in games.
00:14:18.000It's all fun in games to have, you know, the society reconfigure itself until you're flying from New York to Los Angeles and you see a pilot and you think to yourself, is that pilot there because he's good or because he fits some sort of diversity, equity, inclusion agenda box?
00:14:42.000It's all fun in games until you have to go in and get heart surgery.
00:14:46.000And you look at your heart surgeon and you say, is that guy there because he's good?
00:15:12.000You could have a society that has preference on egalitarianism and equity and what they call diversity, or you can have a super successful, vibrant meritocracy of a country.
00:16:06.000You can have a successful society, a vibrant, wealthy society that creates goods and services and lifts people up and allows risks to be taken and really elevates entrepreneurs, or you can have this kind of Maoist, Soviet, super oppressive, suffocating of good ideas, redistributive based on things you can't change society, which will lower expectations and choke any sort of betterment of the human condition.
00:16:33.000And right now, the direction of our society and our culture is one that puts a preference on skin color and melanin content, not incompetency or wisdom.
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00:18:21.000He has made a career out of being a leading proponent of kind of, you know, a standard boilerplate orthodox version of left-wing living constitutionalist interpretive theory.
00:19:27.000And I was talking about critical race theory and kind of race and education both times.
00:19:31.000And what I said like there over and over again, and like I, the timing of all this happening the same week is, it's just, it's just too much.
00:19:38.000And by the way, we got thrown into the cauldron here, got thrown to the equation.
00:19:41.000The fact that the Supreme Court on Monday granted cert.
00:19:44.000So they finally, after weeks and months and months of kind of delaying, agreed to hear the Harvard and UNC Chapel Hill affirmative action cases.
00:19:52.000So affirmative action is now on the chopping block.
00:19:56.000We're actually going to get rid of that.
00:19:58.000Maybe we'll get to that a little later.
00:19:59.000But there's the idea here that we are picking a Supreme Court justice, someone to enforce the Constitution that we all love or at least purport to love, that has equality enshrined right there in the 14th Amendment.
00:20:13.000Obviously, equality goes back to the Declaration of Independence is kind of the foundational bedrock that this country is built upon.
00:20:19.000And we're trying to get someone to enforce bedrock equality principles, but we're starting off by saying that if you are not a minor intersectional sliver of the populace, you can't even be excluded.
00:20:42.000She clerked for a good judge and she just can't be considered for this job because she happens to have a slightly different melanin, you know, pigmentation.
00:20:53.000Yeah, but it seems to be accepted and not, I mean, it's rejected by the right on this country, as you could call it, the conservative wing, but it's largely accepted by the regime.
00:21:04.000And yet we know they really don't believe it.
00:21:06.000We know that, for example, you know, the Joe Biden or Chuck Schumers of the world, like for example, Chuck Schumer's grandson, I don't know who that is, but I'm sure it's someone who's going to go to Harvard or Yale or Princeton or whatever, that they don't want to lose their spot to Princeton to some disadvantaged black person from the Bronx.
00:21:23.000Like, yeah, yeah, I'm all for affirmative action as long as the Schumers get into Princeton.
00:21:27.000So then they don't actually believe it, right?
00:21:30.000But so what do we make of just kind of this widespread acceptance of CRT critical legal theory and now at the highest levels?
00:21:41.000I mean, it's not some like bizarre theory at University of Missouri, right?
00:21:45.000It's not just like 50 activists raising their fists that are like 19 years old at a college, like, yeah, okay, sit down.
00:21:53.000You know, you go to Wellesley, whatever.
00:22:29.000I mean, critical theory has been a part of kind of like the Harvard law school curriculum for decades and decades.
00:22:33.000So to an extent, it's not new, but it definitely accelerated.
00:22:36.000I mean, it definitely picked up a ton of momentum, obviously, in the aftermath of what happened to George Floyd in the summer of urban anarchy and suburban anarchy, actually, not just urban, all across America two years ago now.
00:22:47.000But where we go from here is kind of the million dollar question.
00:22:50.000My modest proposal to the Republican Party and conservatives is to make this a fundamental issue, is to make opposing the intersectional and the identity politics regime a core bedrock issue.
00:23:03.000As a matter of kind of crass politics, when the president of the United States gets out there and he actually says that we are only going to consider a black woman, okay, so it's about six and a half to seven percent of the U.S. population here.
00:23:18.000Let's, you know, I'm not necessarily like running political campaigns.
00:23:22.000But if I'm trying to devise a strategy for the 2022 midterms, I'd rather be on the side of the 97 or the 93% than the 7% here.
00:23:31.000Because again, we're not just talking about conservatives, not just talking about like white men.
00:23:34.000We're talking here about female Hispanics, female Asians.
00:23:38.000There are so many people who should be just totally offended and aggrieved by this ridiculous sentiment here.
00:23:43.000So as a possible 2022 midterm campaign issue, I actually think the Biden administration is potentially doing the Republican Party a favor.
00:23:52.000Obviously, the GOP is notoriously reluctant to kind of wade in on these issues.
00:23:56.000So we'll see if they actually kind of can get around to doing so, but they've really kind of given the Republican Party an issue to run on, I think.
00:24:03.000Yeah, they never miss an opportunity to miss an opportunity.
00:24:07.000I think opposing the woke is the gift to the Republican Party.
00:24:11.000The Soviet Union used to be, where all they had to talk about is how much they hated the Soviet Union.
00:24:14.000They won every election for like 10 years.
00:24:17.000And it worked until the Soviet Union fell and they actually had to tell the country what they stood for, which they never really thought deeply about until Newt Gingrich.
00:24:23.000But the same sort of thing, which is like, we don't like the wokeies.
00:24:31.000Let me ask you, there is some speculation of whether or not Kamala Harris, the VP, can cast a tiebreaking vote, which seems especially relevant if Susan Collins and Mitt Romney don't vote with whomever this nominee is.
00:24:57.000I mean, it feels a little icky, okay, admittedly.
00:25:00.000It doesn't feel good, but it's a basic matter of like interpreting the document.
00:25:03.000There's nothing there that seems to me that would preclude her from doing so.
00:25:06.000I do predict that she will not have to do so.
00:25:09.000Republicans in general tend not to be as hardline or as ruthless on judicial nomination fights as Democrats do.
00:25:15.000I mean, to be clear, I'm not saying Republicans should be.
00:25:18.000We should not be doing to their nominees what they did to Bob Bohr, Clarence Thomas, Brett Kappin.
00:25:22.000This is evil, vile, like civilization-destroying stuff.
00:25:26.000And Republicans should not stoop to that ridiculously low level.
00:25:29.000But in general, you know, like Lindsey Graham, Mitt Romney, there are any number of Republican senators who historically have voted with many Democratic nominees.
00:25:37.000And, you know, the leading contender right now is probably Katanji Brown Jackson from the U.S. Corps of Appeals for the D.C. Circuit.
00:25:43.000I think she's, you know, she's probably like a 60 to 70% frontrunner.
00:25:47.000So not a lot, but that seems to be kind of the early kind of favorite right out of the gate.
00:25:51.000And she was confirmed in pretty bipartisan form to the D.C. circuit.
00:25:55.000So I do predict the nominee will probably get around like 55 votes overall.
00:26:55.000But as far as like the consolidation of like, we're not going to work with you, I'm game for that because of what they're doing to our country.
00:27:03.000And if that's the new rules of engagement, right?
00:27:04.000If the new rules of engagement are like, when we're in power, they're going to oppose us altogether, then we're going to just participate in that gridlock, right?
00:27:14.000Some people say, well, Charlie, don't you want to be the bigger person?
00:28:46.000So Baki is like still, you know, lawyers would call it quote unquote good law.
00:28:49.000I mean, it was slightly tweaked by the Grutter case at the University of Michigan in 2003, I think the year was, but it basically remains what lawyers would call good law.
00:28:59.000So affirmative action to this day, and let's just call affirmative action what it is.
00:29:02.000Okay, your listeners don't need to hear this, but it is systemic government enshrined racism.
00:29:07.000That is literally what affirmative action is.
00:29:09.000And, you know, actually, like a dear personal friend of mine, a brilliant lawyer and former Clarence Thomas clerk named Adam Ortara, he was actually the trial lawyer for students for fair admission who was suing Harvard in this case in the trial court up in Massachusetts.
00:29:23.000And during trial, during discovery, the information that he and his fellow lawyers were able to pull from Harvard about the way that they tried to systemically disrank or hierarchically put below Asians, Jews, you know, the kind of icky groups who are too smart and have too many people.
00:29:42.000Harvard is expressly doing race-based admissions.
00:29:47.000So the question that the Supreme Court will have to consider, and finally, they're going to consider this both at Harvard and at the University of North Carolina, Chapel Hill.
00:29:54.000And that's important legally speaking because the latter obviously is a public school.
00:29:58.000So therefore, it's unequivocally subject to the 14th Amendment and the Constitution, holding aside Title VI and statutory law.
00:30:09.000And the obvious answer is, of course, not here.
00:30:12.000But the reason that I'm optimistic that the court will finally do the right thing and gut this state-sanctioned racism once and for all is because the squish, the moderate of all moderates, Chief Justice John Roberts himself, is actually a long track record of actually being outspoken on this issue.
00:30:28.000In fact, you can go back to the 2007 case, parents involved.
00:30:32.000Probably the most famous line John Roberts has ever written in a judicial opinion was from the Parents Involved case out of Seattle, Washington in 2007, where he said, quote, the way to stop discrimination on the basis of race is to stop discriminating on the basis of race.
00:30:46.000It sounds like a refutation of Eber Max Kennedy.
00:30:49.000Henry or Harry Rogers, Connor, can't remember his name.
00:31:33.000So, Students for Fair Admission is the actual plaintiff that is suing Harvard.
00:31:38.000Now, they are partnering up with a law firm called a small boutique conservative law firm out of the Washington, D.C. area called Constivoy McCarthy.
00:31:46.000Kind of a personal aside here, all this is public.
00:32:28.000It is a foundational civil rights struggle for Asian Americans, Jews, and honestly, like for white people, just for white Christians too, obviously.
00:32:40.000And by the way, also for aspirational Hispanics as well, because if you over-allocate to just black people, eventually you're going to disenfranchise other parts of the population.